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06/02/2015 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, JUNE 2 , 2015 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, June 2, 2015 at 7 : 00 p.m. in Room 315, Council Chambers, City County Building, 451 South State . The following Council Members were present: Stan Penfold James Rogers Charlie Luke Kyle LaMalfa Erin Mendenhall Lisa Adams Luke Garrott Cindy Gust-Jenson, Executive Council Director; Jennifer Bruno, Executive Council Deputy Director; David Everitt, Mayor' s Chief of Staff; Margaret Plane, City Attorney; and Cindi Mansell, City Recorder; were present. Councilmember Garrott presided at and Councilmember Luke conducted the meeting. OPENING CEREMONY #1 . 7:14:48 PM Pledge of Allegiance. #2 . 7:15:17 PM Councilmember Mendenhall moved and Councilmember Garrott seconded to approve the following Salt Lake City Council meetings , which motion carried, all members voted aye. • April 14, 2015 Work Session • May 12, 2015 Work Session • May 19, 2015 Formal Meeting • May 26, 2015 Formal Meeting (M 15-4) (M 15-3) PUBLIC HEARINGS #1 . 7:16:05 PM Continue to accept public comment regarding all ordinances relating to the Salt Lake City budget for Fiscal Year 2015- 2016. Please note: Ordinances "a" through "s" are associated with the implementation of the budget including the Library Fund. All ordinances "a" through "s" will be heard as one public hearing. Note: This is a continuation of the hearing held on May 19. Council policy allows individuals to speak once per hearing. Individuals who did not speak on this issue on May 19 may address the Council at the podium tonight. Council Staff Reports on Previously - Presented City Department Budgets 15 - 1 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, JUNE 2, 2015 a) Ordinance adopting the City budget, excluding the budget for the Library Fund which is separately adopted, and the employment staffing document of Salt Lake City for fiscal year 2015-2016. (B 15-1) b) Ordinance adopting the budget for the Library Fund of Salt Lake City, Utah for fiscal year 2015-2016. (B 15-2) c) Ordinance adopting the rate of tax levy to be credited to the Library Fund for fiscal year 2015-2016. (B 15-2) d) Ordinance adopting the rate of tax levy, including the levy for the Library Fund, upon real and personal property within Salt Lake City made taxable by law for fiscal year 2015-2016. (B 15-1) e) Ordinance approving a compensation plan for all non-represented employees of Salt Lake City. (O 15-5) f) Ordinance appropriating necessary funds to implement, for fiscal year 2016, the provisions of the Memorandum of Understanding (MOU) dated effective June 23, 2013, as amended, between Salt Lake City Corporation and the American Federation of State, County, and Municipal Employees Local 1004 (AFSCME) , representing eligible employees, pursuant to the Collective Bargaining and Employee Representation Joint Resolution dated March 22, 2011 . () 13-12) g) Ordinance appropriating necessary funds to implement, for fiscal year 2016, the provisions of the Memorandum of Understanding between Salt Lake City Corporation and the International Association of Firefighters Local 1645, representing Firefighters and Fire Captains in the Salt Lake City Fire Department, dated on or about June 24, 2015. (O 15-6) h) Ordinance approving a Memorandum of Understanding (MOU) between Salt Lake City Corporation and the International Association of Firefighters Local 1645, representing Firefighters and Fire Captains in the Salt Lake City Department pursuant to the Collective Bargaining and Employee Representation Joint Resolution dated March 22, 2011 , which shall become effective on proper ratification and signature. (O 15-6) 15 - 2 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, JUNE 2, 2015 i) Ordinance appropriating necessary funds to implement, for fiscal year 2016, the provisions of the Memorandum of Understanding between Salt Lake City Corporation and the International Union of Police Associations Local 75, representing Police Officers in the Salt Lake City Police Department, dated on or about June 20, 2014 . (0 14-14) j) Ordinance amending Section 12.56. 550, Salt Lake City Code, regarding the imposition of penalties for violation of the City's parking ordinances and the reduction of penalty amounts. (0 14-16) k) Ordinance amending Section 12. 56. 150, Salt Lake City Code, to provide an enhanced penalty for willful or egregious occupancy of a metered parking space without paying for such occupancy. the (0 12-20) 1) Ordinance amending Section 12. 56. 590, Salt Lake City Code, regarding the exemption of official vehicles from certain requirements of the City's parking ordinances. (0 13-17) m) Ordinance enacting Section 12. 56. 595, Salt Lake City Code, providing for the issuance of a business parking permit. (0 15-9) n) Ordinance amending Section 12. 56. 330, Salt Lake City Code, regarding the regulation and use of freight curb loading zones. (0 10-13) o) Ordinance amending Sections 15. 16. 031 and 15. 16. 035, Salt Lake City Code, relating to golf courses and green fees and group reservations and amending the corresponding portions of the Salt Lake City Consolidated Fee Schedule. (0 14-15) p) Ordinance amending Section 15. 16. 090, Salt Lake City Code, relating to events no longer produced or sponsored by Salt Lake City, and amending the corresponding portions of the Salt Lake City Consolidated Fee Schedule. (0 15-8) q) Ordinance amending Section 15. 16. 060, Salt Lake City Code, relating to tennis court use fees, and amending the corresponding portions of the Salt Lake City Consolidated Fee Schedule. (0 12-19) 15 - 3 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, JUNE 2 , 2015 r) Ordinance enacting Section 12. 76. 100, Salt Lake City Code, imposing pedestrian crosswalk flag fees, and amending the corresponding portions of the Salt Lake City Consolidated Fee Schedule. (O 15-7) s) Ordinance amending various fees set forth in the Salt Lake City Consolidated Fee Schedule. (O 11-9) Nancy Philipp spoke about the Tiger Grant proposal . She said S- Line ridership was low and adding another spur on 1100 East did not make sense . She said she lived in the area and believed local residents did not support the proposal . Kelsey White said she was with the Utah Taxpayers Association and wanted to clarify the proposed budget included a tax increase. Bobby Sakaki said he was having difficulties obtaining records from the Arts Council and wanted all City programs held to the same procurement standards . Kevin Emerson spoke in support of the full-time energy facility commissioning agent position which would help with air quality issues, energy efficiency, and cost savings . George Chapman spoke about the need for additional Police Officers . Dan Scott submitted a hearing card with no comments . Councilmember Garrott moved and Councilmember Mendenhall seconded to continue the public hearing to June 9, 2015, which motion carried, all members voted aye . #2 . 7:26:02 PM Consider a motion to recess as the City Council and convene as the Board of Directors of the Local Building Authority. Councilmember Garrott moved and Councilmember Adams seconded to recess as the City Council and convene as the Board of Directors of the Local Building Authority, which motion carried, all members voted aye . Director Mendenhall moved and Director Garrott seconded to adjourn as the Board of Directors of the Local Building Authority and reconvene as the City Council, which motion carried, all directors voted aye . Note: See File M 15-10 for Local Building Authority minutes . #3. 7:27:47 PM Accept public comment and consider approving an 15 - 4 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, JUNE 2 , 2015 ordinance adopting the Plan Salt Lake general plan as described in the Municipal Land Use and Development Management Act, Utah Code Section 10-9a-101 pursuant to Petition No. PLNPCM2011-00682 . (Petitioner - Mayor Ralph Becker) View Attachment Grant Willis said a chapter needed to be added to address earthquake preparedness issues . Soren Simonsen said this was a comprehensive policy document which would impact current/future generations and thanked everyone who participated in the process . Mark Morris said he lived in the 21st & 21st area and was concerned the plan might be used to promote more density including light rail or a streetcar. He said he wanted to know the intent of the proposal because neighborhood characteristics/charm needed to be protected. Councilmember Garrott moved and Councilmember Penfold seconded to continue the hearing to June 16, 2015. 7 :35:35 PM Councilmember Garrott said this was a comprehensive plan and wanted to continue the hearing to allow additional review/input . He said a decision could be made on the 16th or delayed to July but he wanted to ensure Council Members understood the proposal before a vote was taken. 7 :36:24 PM Councilmember Penfold said his intent to support the motion was because Council typically did not take action on the same night the hearing was closed. He said he expected the hearing would be closed on June 16th with action being delayed until July allowing additional time for discussion/input. 7 :36:44 PM Councilmember LaMalfa said he appreciated comments about including earthquake/seismic considerations in the plan and supported finding a place for that to be included. 7 :37 :12 PM Councilmember Adams said she agreed with Councilmember LaMalfa about addressing/including earthquake issues . She said that could create a delay but was comfortable with that. 7 :37 :28 PM Councilmember Mendenhall said she thought there was Council support for such an inclusion and felt the Administration should pursue outreach with appropriate parties to facilitate inclusion. She said the hearing needed to remain open if significant additions/changes were anticipated to allow additional public input. Councilmember Luke called for the question, which motion carried, all members voted aye . (T 13-3) 15 - 5 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, JUNE 2 , 2015 #4 . 7:38:17 PM Accept public comment on an application submitted for the following grants: View Attachment A. After School Program Serving Elementary School Age Youth (request for twelve month contract renewal) Purpose/Goal of the Grant: To fund wages for three existing hourly youth group facilitators for YouthCity programming. In addition, scholarship monies will be provided for ten refugee elementary students to participate in after-school youth programs at the Sorenson Unity Center and the Central City Recreation Center. Grant Amount: $41, 600 Requested by: Salt Lake City Department of Public Services Match Requirement: A 10o match of approximately $5, 000 will be provided by the Department of Public Services. Funding Agency: Salt Lake County B. Venture Philanthropy Utah: Social Investors Forum 2015 Purpose/Goal of the Grant: To fund the purchase of start-up equipment and materials for a youth-run café kiosk at the Sorenson Unity Center. Grant Amount: $40, 000 Requested by: Salt Lake City Department of Community & Economic Development Match Requirement: None. Funding Agency: Community Foundation of Utah C. Countywide Active Transportation Network Improvement Program 2015 Purpose/Goal of the Grant: To fund the upgrade of the 300 South protected bike lane and the 200 West protected bike lane into a protected intersection through the use of concrete islands and painted markings to give users adequate time and space to see and react to one another. Grant Amount: $75, 000 Requested by: Salt Lake City Department of Community & Economic Development Match Requirement: None. Funding Agency: Salt Lake County D . Countywide Active Transportation Network Improvement Program 2015 Purpose/Goal of the Grant: To fund the upgrade of three (3) signalized intersections with radar to enhance the detection of bicyclists at the following locations: 1) West Amelia Earhart Drive International Center $30, 000 2) Wiley Post Way & Wright Brothers Drive International Center $30, 000 3) 800 East South Temple Downtown $30, 000 Grant Amount: $90, 000 15 - 6 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, JUNE 2 , 2015 Requested by: Salt Lake City Department of Community & Economic Development Match Requirement: None. Funding Agency: Salt Lake County Michael Rubin spoke in opposition of the Tiger Grant/streetcar proposal . George Chapman said radar bicycle detection equipment being installed at the International Center should be relocated to Salt Lake City proper. He said the grant relating to cycle tracks needed to be delayed until intersection safety issues were studied/tested. Councilmember Mendenhall moved and Councilmember Rogers seconded to close the public hearing and refer to a future Consent Agenda, which motion carried, all members voted aye . (B 15-4) POTENTIAL ACTION ITEMS #1. 7:42:46 PM Adopting an ordinance amending the final budget of Salt Lake City, including the employment staffing document for Fiscal Year 2014-2015. Budget amendments happen several times each year to reflect adjustments to the City's budgets, including proposed project additions and modifications. (Budget Amendment No. 4) View Attachment Councilmember Garrott asked if staff was comfortable moving forward with the item. Ms . Bruno said based on earlier discussions, it would help staff to have a few more days to prepare final language. Councilmember Garrott moved and Councilmember Penfold seconded to defer action to a future meeting, which motion carried, all members voted aye . (B 15-9) COMMENTS TO THE CITY COUNCIL 7 :44:22 PM Pam Pedersen, Kimi Eklund, Andre Van Diggelen, Lori Leighton, George Chapman, Soren Simonsen, and London Simonsen spoke regarding the TIGER grant proposal relating to transit service in the Sugar House Business District. Comments included construction impacts, issues between Utah Transit Authority (UTA) and the City, funding challenges, Transportation Master Plan (TMP) needed, traffic congestion, neighborhood degradation, community opposition, lack of planning/goal, business closures, increased burden on taxpayers, cost justification, destroying small quiet neighborhoods, proposal includes completion of Parley' s Trail (should be separate process) , extend streetcar to Highland Drive, utilize Simpson/Sugermont loop, and creating a transit system. 15 - 7 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, JUNE 2, 2015 Juan Arce-Larreta spoke in support of the proposal because a portion of the funding would be used to largely complete the Parley' s Trail . He offered to take Council Members on a tour of the project . Polly Hart expressed concerns about incorporating Parley' s Nature Park and contracting with Salt Lake County for enforcement/patrols . She also spoke about the need to remove the criminal offense component relating to leash laws . Robert Comstock questioned the number of apartments being built based on Transit Oriented Development (TOD) zoning in the City and County. He said he thought at one time, the City had an ordinance requiring developments to include 20% low-income housing. Councilmember Mendenhall said the City was currently working on housing issues and she would work with Mr . Comstock off-line . Councilmember Garrott said the Council planned to address housing including inclusionary zoning in July, 2015 . Ameer Cornell spoke about the length of the City' s permit process compared to Park City, the need for Council to address/change regulations relating to Access Dwelling Unit (ADU' s) , and delaying action on the Sugar House streetcar proposal . Madeline Schaffrick and Patricia McNamarn submitted hearing cards in opposition of the grant/streetcar proposal . NEW BUSINESS #1 . 8 :05:35 PM Adopting a resolution pledging support to contribute the required local match if Utah Transit Authority (UTA) is awarded TIGER Grant funding to extend transit service in the Sugar House business district. View Attachment Councilmember LaMalfa moved and Councilmember Mendenhall seconded to adopt Resolution 18 of 2015 pledging support to contribute a required local match if the Utah Transit Authority is awarded TIGER grant funding to extend transit service in the Sugar House Business District as indicated on the agenda with the following amendments : that the last paragraph in the resolution include the words "except for $2 .5 million in projects already identified as matching sources, no existing funding from the City' s General Fund be used, and that, "In addition, the words, "other than the City' s General Fund" be omitted from the final paragraph and the following words added: "the City will make reasonable efforts to identify new revenue sources including but not limited to: 15 - 8 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, JUNE 2 , 2015 • Revenue raised by an increase in the state gasoline tax - projected to generate about $1 million a year for Class C roads over three years . • Potential revenue raised by fund transfer from Salt Lake County. • Financial participation from private property owners adjacent to the S-Line . • Potential revenue raised from passage of a local option sales tax for transportation. • And possibly, beneficiaries like UTA and South Salt Lake . Potential revenue, if realized, would speed up accumulation of the local match. The paragraph would read: " Therefore, be it resolved by the Salt Lake City Council that it pledges commitment to fund the local match in an amount not to exceed $3,100 ,000 in the event UTA' s TIGER Grant application is successful, provided, however, that, except for $2 . 5 million appropriated for projects already identified as qualifying as matching funds , no existing funding from the City' s General Fund be used, and that the City will make reasonable efforts to identify new revenue sources including but not limited to: • Revenue raised by an increase in the state gasoline tax - projected to generate about $1 million a year for Class C roads over three years . • Potential revenue raised by fund transfer from Salt Lake County. • Financial participation from private property owners adjacent to the S-Line . • Potential revenue raised from passage of a local option sales tax for transportation. • And also, beneficiaries like UTA and South Salt Lake. Potential revenue, if realized, would speed up accumulation of the local match. 8:08:32 PM Substitute Motion: Councilmember Garrott moved to adopt the entire motion read by Councilmember LaMalfa, with the addition of the following language : "that the line shall end at the Simonson and Sugermont Loop at Highland Drive and that Salt Lake City will own the track that is in our right-of-way" . The motion died for lack of a second. Councilmember Luke called for discussion on the original motion . 8:09:38 PM Councilmember Adams said constituents in her district opposed the extension by a 20-1 margin . She said they expressed concerns about not having a TMP in place, constant construction on Highland Drive, etc . She said she would vote against the motion 15 - 9 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, JUNE 2 , 2015 because the timing was not right and felt it was important for Council to listen to local residents . 8:10:35 PM Councilmember Garrott said he felt the streetcar proposal was not about transit, but development. He said residents did not want more construction, insecurity, and neighborhood disturbance . He expressed concerns about UTA being the grant applicant/owner, receiving the funding, and owning the track located in City streets . He said the City would have to deal with them to get back what it already owned. He said all stakeholders needed to have input on a transit plan that would affect transportation and shape neighborhoods . He said although he supported almost everything in the proposal, he was concerned about how it was packaged/sequenced and would vote against it. 8:13:48 PM Councilmember LaMalfa said money included in the grant would help business owners maintain success through construction and Sugar House would receive critical infrastructure upgrades including sewer and water lines . He said the grant would increase transportation capacity without having to widen streets . He said the streetcar would accommodate a large number of people that would otherwise not be able to be transported. He said he looked forward to the success of Sugar House and hoped the grant accomplished its goals . 8:15:34 PM Councilmember Rogers said this was a difficult decision because a lot of discussion/debate went into the original project. He said although the issue had become divisive, he felt the project needed to be completed. He said the Council talked about not approving new projects until a TMP was in place but this project had already been started. He said there was an opportunity to receive funding to help finish the project and would hesitantly vote in favor of the grant. 8:17 :39 PM Councilmember Mendenhall said traffic congestion was increasing and alternative modes of transportation needed to be identified. She said street widening was not an option and expressed interest in circulator buses/streetcars . She said she agreed with Councilmember Rogers that the project needed to be completed. She said an in-depth discussion was needed about whether the City wanted to become transit line owners/operators . She said when completed, she thought the TMP would include information about this project and was interested to see what impact that would have on the City/public. She said ongoing discussions were needed and would vote in favor of the motion. 8:20:35 PM Councilmember Luke said he would vote against the motion. He said he reluctantly supported the last TIGER grant but was clear that he would not support rail funding anywhere in the City 15 - 10 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, JUNE 2 , 2015 until a TMP was in place . He said he felt the issue was about prioritization and thought the TMP was a comprehensive document that would help the City/public make better/broader informed decisions on Citywide transit needs . Councilmember Luke called for a roll call vote, which motion carried 4-3 . Council Members Rogers, LaMalfa, Penfold, and Mendenhall voted aye. Council Members Adams, Garrott, and Luke voted nay. (R 14-6) UNFINISHED BUSINESS #1 . 8:23:45 PM Adopting a resolution authorizing the issuance and sale of up to $25,000 , 000 of tax and revenue anticipation notes; and related matters . View Attachment Councilmember Penfold moved and Councilmember Mendenhall seconded to adopt Resolution 19 of 2015, which motion carried, all members voted aye . (Q 15-2) #2 . 8:24:10 PM Adopting an ordinance amending Section 18 . 44 . 020, Salt Lake City Code, relating to reporting requirements for fire suppression systems inspections and testing and Section 9 . 24 . 30 relating to the definition of "Recreational Fire" . View Attachment Councilmember Garrott moved and Councilmember Penfold seconded to adopt Ordinance 22 of 2015, which motion carried, all members voted aye . (0 11-12) #3 . 8:24:30 PM Adopting an ordinance (The "2015 Assessment Ordinance") approving an assessment list and levying an annual assessment upon property in Salt Lake City, Utah Lighting District No. 3, now known as L03 (the "District L03 ") ; establishing the effective date of the 2015 Assessment Ordinance; providing for a procedure to contest an assessment; and related matters . The property levy would be paid by residents to cover their share of operation, maintenance and electrical energy costs of the lighting district which will be $229, 858 of the annual expenses for the district while the City pays the remaining $85,213. This year's assessment involves some significant increases for many property owners due to negative fund balances for several of the extensions (neighborhoods) . The Council has capped the 2015 assessment increase for the district at 33 percent until it can have a comprehensive policy discussion about how the issue relates to all Lighting Districts. A consultant has been hired by the City to assist in evaluating the circumstances surrounding the 15 - 11 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, JUNE 2 , 2015 negative fund balances. The Council will schedule a more comprehensive policy discussion to learn of the consultant's findings at a later date. View Attachment Councilmember Penfold moved and Councilmember LaMalfa seconded to adopt Ordinance 23 of 2015, which motion carried, all members voted aye . (Q 15-1) CONSENT AGENDA 8:24:52 PM Councilmember LaMalfa moved and Councilmember Mendenhall seconded to adopt the Consent Agenda, which motion carried, all members voted aye . #1 . Approving the reappointment of Emilie Charles and Luana Chilelli to the Library Board for a term extending through June 30, 2017 . View Attachment (I 15-15) The meeting adjourned at 8 : 25 p .m. Council Chair City Recorder This document is not intended to serve as a full transcript as additional discussion may have been held; please refer to the audio or video for entire content. This document along with the digital recording constitute the official minutes of the Salt Lake City Council Regular Session meeting held June 2, 2015 . clm 15 - 12