Loading...
03/05/2013 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MARCH 5 , 2013 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, March 5, 2013 at 7 : 07 p.m. in Room 315, City Council Chambers, City County Building, 451 South State. The following Council Members were present: Soren Simonsen Luke Garrott Jill Remington Love Kyle LaMalfa Charlie Luke Carlton Christensen Stan Penfold Cindy Gust-Jenson, Executive Council Director; Edwin Rutan, City Attorney; David Everitt, Mayor' s Chief of Staff; Rick Graham, Director of Public Services; and Cindi Mansell, City Recorder; were present . Councilmember Garrott presided at and conducted the meeting. OPENING CEREMONY #1 . 7 : 08 : 15 PM Pledge of Allegiance was led by Boy Scout Troop 385 and Troop 199 . 7 : 09 :21 PM Councilmember LaMalfa said in honor of March being recognized as "Women in History" month, the Council will honor Reva Beck Basone. #2 . Consideration of the meeting minutes of February 19, 2013. This item was not considered. #3 . 7 : 10:26 PM Adopting a Joint Resolution with Mayor Ralph Becker in support of State Medicaid expansion to cover basic healthcare for more Utahns . Councilmember LaMalfa welcomed Crossroads Urban Center representatives and read the joint resolution. Council Members Penfold and Luke spoke in support of the joint resolution. Councilmember LaMalfa moved and Councilmember Love seconded to adopt Resolution 10 of 2013, which motion carried, all members voted aye . (R 13-1) PUBLIC HEARINGS #1 . 7 : 14 : 11 PM Accept public comment and consider adopting: 13 - 1 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MARCH 5 , 2013 Resolution 11 of 2013 authorizing the approval of an Interlocal Cooperation Agreement between Salt Lake County and the Utah Performing Arts Center Agency, an Interlocal Entity to be created by the County, the City, and the Redevelopment Agency of Salt Lake City, as members, relating to the operation of the Utah Performing Arts Center. View Attachments (C 13-86) Resolution 12 of 2013 authorizing the approval of an Interlocal Cooperation Agreement between Salt Lake County, Salt Lake City Corporation, and the Redevelopment Agency of Salt Lake City relating to the ownership of the Utah Performing Arts Center. View Attachments (C 13-94) 7 : 15 : 00 PM Lee Dever, Max Change, Larry Holder, Gunter Radinger, Jeffrey Berke, Kurt Bestor, Jason Mathis, and Fran Pruyn, spoke in favor of the Interlocal Agreements relating to the operation and ownership of the Utah Performing Arts Center. Councilmember Love moved and Councilmember Penfold seconded to close the public hearing, which motion carried, all members voted aye . 7 :26:38 PM Councilmember Simonsen moved and Councilmember Luke seconded to adopt the resolutions authorizing the Mayor to sign the interlocal agreements on the condition that the following additional language is included: 1 . Amend the agreements to allow any public entity issuing bonds for the facility the authority to conduct an annual financial audit of the Utah Performing Arts Center (UPAC) . 2 . Amend the agreements to include the City Council Office and County Council Office as a "cc" in any communications regarding UPAC to the Members or to the Salt Lake City Mayor' s Office . 3 . Amend the agreement to state that the Members have 60 days to appoint a board rather than 5 days . 4 . Amend the agreement to state that the Arts Accessibility Fee be $0 . 35 per ticket sold for a ticket with a face value less than the average ticket price . For a ticket sold with a face value higher than the average ticket prices, the Arts Accessibility Fee shall be $0 . 70 per ticket sold. For the purposes of this amendment, the "Average Ticket Price" will be defined as $57 in year one, and in subsequent years shall be defined as the average ticket price for the previous fiscal year. 5 . Amend the agreement to state that the UPACA board must review the Arts Accessibility Program Details with the City Council for input and approval prior to implementation. 13 - 2 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MARCH 5, 2013 Councilmember Love moved and Councilmember Christensen seconded a substitute motion the Council adopt Resolution 11 of 2013 and Resolution 12 of 2013 authorizing the Mayor to sign the interlocal agreements on the condition that the following additional language is included: 1 . Amend the agreements to allow any public entity issuing bonds for the facility the authority to conduct an annual financial audit of the UPAC. 2 . Amend the agreement to state that the Members have 60 days to appoint a board rather than 5 days . 3 . Amend the agreement to state that the UPACA board must review the Arts Accessibility Program details including funding with the City Council for input and approval prior to implementation. 7 :29 :22 PM Councilmember Love spoke to the substitute motion. She explained she had confidence in the experts to perform and did not see the need to dictate how the program would work. 7 :30 :20 PM Councilmember Luke spoke to the motion. He said this program was important and appreciated the Council could continue to have the discussion with the operating entity regarding the Arts Accessibility Fee and whether it could be increased. 7 : 31 : 48 PM Councilmember Simonsen spoke to the motion which he would vote against. 7 : 33:25 PM Councilmember Penfold spoke to the motion. He discussed his confidence in the abilities of the managing partners . He said he was confident a beneficial agreement would be negotiated to render accessibility to the arts in a way that was affordable to all . 7 :34 :23 PM Councilmember Christensen spoke in support of the substitute motion. He said he recognized the efforts on both sides involved in the negotiation process and spoke to the additional language . 7 :35: 39 PM Councilmember LaMalfa spoke to the process involved and commended Helen Langan, Justin Belliveau, and Damon Georgelas for their additional efforts . Councilmember Garrott called for the question, which motion carried, all members voted aye, except Council Members Simonsen and Garrott who voted nay. 7 :38 :31 PM Councilmember Love further moved and Councilmember Luke seconded the Council consider an ordinance at an upcoming Council meeting that would establish guidelines and requirements for the City- 13 - 3 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MARCH 5 , 2013 appointed members to the UPACA board. Those requirements and guidelines should address : 1 . Term limits . 2 . Composition of the board - including a limit on the number of City employees that could serve on the board and a requirement that community members are represented. 3 . Include a clause stating that a board member could be removed prior to the end of their term by the Mayor without cause. 4 . Annual Reporting requirements : Require the City board members report to the City Council annually regarding the UPAC' s annual budget and performance metrics, including the overall goals of UPAC outlined in the interlocal agreements . Require the City board members report to the City Council annually regarding the Arts Accessibility Program, including, but not limited to, demographic information of program participants, how Arts Accessibility Funds were used, how the community was being served, and if there were any potential improvements to the program to more effectively accomplish the goal of providing access for people of limited economic means to 1% of all seats to all events at the theater. Said motion passed unanimously, all members present voted aye . #2 . 7 :40 :28 PM Accept public comment and consider adopting an ordinance amending Salt Lake City Code (Chapter 2 . 64) to replace city code provisions relating to access to City records with direct applicability of Utah' s Government Records Access and Management Act (GRAMA) in Utah Code (Section 63G-2-101 et seq. ) The proposal would eliminate the Records Appeal Board, resulting in all appeals going through the City' s Chief Administrative Officer designated for that purpose by the Mayor. The proposal would also repeal the City' s independent records ordinance . The City would instead rely directly on GRAMA itself. View Attachments 7 : 40: 44 PM M.C. Haik spoke to the proposed ordinance . He complimented City Staff and the efficiency of the existing appeal process . He inquired as to the impetus for change to one individual versus a committee . He urged the Council not to amend or eliminate the Records Appeals Board. Councilmember Christensen moved and Councilmember Penfold seconded to close the public hearing, which motion carried, all members voted aye . (0 13-2) 13 - 4 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MARCH 5 , 2013 POTENTIAL ACTION ITEMS #1 . 7 : 44 :23 PM Adopting an ordinance amending Salt Lake City Ordinance 56 of 2012, which adopted the final budget of Salt Lake City for the Fiscal Year beginning July 1, 2012 and ending June 30, 2013 . This budget amendment includes items such as carry-forward encumbrances for the Sewer, Storm Water and Water Funds, as well as a proposal for the Steiner East Sports Complex. (Budget Amendment No. 3) View Attachments 7 : 44 : 30 PM Councilmember LaMalfa moved and Councilmember Simonsen seconded to adopt Ordinance 10 of 2013 adopting Budget Amendment No. 3 for Fiscal Year 2012-13, with the exception of the following items : • Item A-1 AT&T Cell Tower Relocation ($350, 000 - Source: CIP Fund) ; • Item A-5 Increase to Golf Water and Operating Capital ($407, 599 - Source: Golf Fund) . Said motion carried, all members voted aye . 7 : 45: 49 PM Councilmember Penfold moved and Councilmember Simonsen seconded to remove : • Item I-1 Lindsey Gardens Dog Off-Leash Park Fencing (reverse $15, 000 of $65, 000 - Source: CIP Fund) . Councilmember Penfold spoke to the motion. He said this was in regards to a project in Lindsey Gardens that has been going through the Community Council process . He said the neighborhood was working through this and funds should not be allocated until fencing was completed. Said motion carried, all members voted aye. 7 : 47 : 00 PM Councilmember Christensen moved and Councilmember Simonsen seconded to appropriate : • Item I-2 Reimbursement of Snow Fighting Costs ($673, 300 - Source: General Fund) to cover larger than expected snow removal costs which exceeded the adopted budget for FY 2013 with the understanding that the Council would consider covering any additional unanticipated snow removal costs in a future budget amendment should there be additional winter storms this year. Said motion carried, all members voted aye . Mr. Graham said these costs include expenses included through January 2013; any additional expenses between now and the end of the 13 - 5 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MARCH 5 , 2013 snow season were not accounted for or included. Said motion carried, all members voted aye. 7 :50:33 PM Councilmember Simonsen moved and Councilmember Luke seconded the Council transfer the Public Engagement Coordinator FTE and associated expenditure budget from the Non-Departmental budget to the Community and Economic Development Budget. This would include the City Council maintain equal access to the resources of this position as was intended with the original Non-Departmental budget allocation. Said motion carried, all members voted aye . 7 : 53 : 15 PM Councilmember Luke moved and Councilmember Simonsen seconded the Council adopt the Golf Fund budget adjustments with the following conditions : • That no Siemens work effort should be directed to design the Bonneville irrigation system until the Golf Study consultant was in place and both Siemens and the Golf Study consultant have an opportunity to review irrigation system needs and funding options, including the use of an ESCO and/or phasing of the capital improvements, and the City Council was fully briefed on options . • The $15, 775 for the Siemens irrigation / energy audit would be encumbered and would cover the Golf Fund' s portion cost of the Siemens audit, if the ESCO was not approved. If the ESCO was approved, the entire Siemens audit costs of $36, 176, which includes the Golf Fund' s portion and $20, 401 encumbered from the City' s Energy Fund, would be rolled into the ESCO. • Golf management would continue to work with Public Utilities and Siemens on secondary water issues while the Golf Study was conducted and finalized. • Capital improvement projects, including projects that generate revenue, for the golf courses would be put on hold. Project funding and phasing options would be considered based on the findings of the Golf Study and the Siemens audit and the Council approval of projects . • A revenue and expenditure budget of $6, 250 was established to recognize the concessionaire' s portion of the estimated cost for the Mountain Dell clubhouse improvement. • The Administration' s internal control processes and procedures be reviewed and followed to ensure that spending or obligating any non-authorized City funds did not happen prior to Council appropriations . Said motion carried, all members voted aye. 13 - 6 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MARCH 5 , 2013 7 :55:29 PM Councilmember Simonsen moved and Councilmember Luke seconded to adopt the following Legislative Intent Statements : • Item A-5 increase to Golf Water and Operating Capital ($407, 599 - Source : Golf Fund) . It was the intent of the Council that Public Utilities continue to analyze secondary water sources and uses for the City' s golf courses, and possibly other heavy water users . • Item A-12 Retirement Costs . It was the intent of the Council that the Administration provide a better understanding of retirement costs as part of the FY 2014 annual budget discussions . Said motion carried, all members voted aye . (B 13-4) COMMENTS TO THE CITY COUNCIL 7 :57 : 32 PM Tom Green expressed concern regarding proposed Athletic Field Fees and Reservation Changes, as well as the increase in food and beverage permit fees . NEW BUSINESS #1. 8 : 00: 17 PM Adopting an ordinance amending Section 2 . 68 . 010, relating to nominations and declarations of candidacy to conform to state law changes; Section 2 . 06 . 040A, relating to the time for the City Council meetings, to conform to the current City practice; and Sections 5 . 08 . 095C, relating to false alarms; 5 . 42 . 040, relating to marriage services and dating services; 5 . 74 . 170A, relating to theaters and concerts; 9 . 24 . 030, relating to air pollution control; 5 . 61 . 050, relating to sexually oriented businesses; and 5 . 74 . 140, relating to obscene films, to refer to applicable state law. View Attachments Councilmember LaMalfa moved and Councilmember Penfold seconded to reschedule this item, which motion carried, all members voted aye. (0 13-5) UNFINISHED BUSINESS #1 . 8 : 01 : 07 PM Adopting an ordinance enacting new Chapter 3 . 65, Salt Lake City Code, relating to the naming of city assets . The proposed ordinance would define the criteria and process for the naming or renaming of the City' s assets . The scope of the proposal does not include honorary street naming. View Attachments 13 - 7 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MARCH 5 , 2013 Councilmember LaMalfa moved and Councilmember Penfold seconded to adopt Ordinance 11 of 2013 enacting a new Chapter 3 . 65, relating to the Naming of City Assets, as amended, which motion carried, all members voted aye . (0 13-4) CONSENT 8 : 01 : 36 PM Councilmember Penfold moved and Councilmember Christensen seconded to approve the consent items (7) as proposed and adjourn into a Special Meeting of the Redevelopment Agency Board, which motion carried, all members voted aye . #1. Setting the date of Tuesday, March 26, 2013 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance to amend the Capitol Hill Master Plan Future Land Use Map, rezone several properties located between 300 North and 800 North and 400 West and 200 West and change the Mixed Use (MU) zoning district regulations . Petitioner - Mayor Ralph Becker; Petition Nos . PLNPCM2012-00462, 00463, 00464 . The proposal would: View Attachments • Amend Master Plan future land use map for properties located in the area of 400 West between 600-800 North from General Commercial to High Density Mixed Use, and rezone those parcels to Mixed Use (MU) to match the surrounding area. • Amend the Master Plan future land use map designations for most of the west side of 300 West between 400 and 500 North from Medium Density Residential and General Commercial to Medium Density Mixed Use, and rezone four parcels along the 300 West corridor from Residential Multi-Family (RMF-35) parcels to Mixed Use (MU) to allow commercial retail uses . • Amend the Master Plan future land use map designation for one commercial property located on the northeast corner of 300 West and 300 North from Medium Density Residential to Medium Mixed Use to correct a conflict in the plan. • Amend the Mixed Use (MU) zoning district regulations to provide additional flexibility for compatible residential and commercial mixed use developments . Although the applicant has requested that the property be rezoned to the Mixed Use (MU) zone, consideration may be given to rezoning the property to another zoning district with similar characteristics . Related provisions of Title 21A - Zoning may also be amended as part of this petition. 13 - 8 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MARCH 5 , 2013 (P 13-3) #2 . Receive the Mayor' s 2013-14 recommendations and set the date of Tuesday, March 26, 2013 at 7 : 00 p.m. to accept public comment and consider approving an appropriation resolution adopting the One-Year Annual Action Plan for 2013-2014 that includes Community Development Block Grant (CDBG) funding, HOME Investment Partnership Program funding, Emergency Shelter Grant (ESG) funding and Housing Opportunities for Persons with AIDS (HOPWA) funding, for Fiscal Year 2013-14 and approving an Interlocal Cooperation Agreement between Salt Lake City and the U. S . Department of Housing and Urban Development (HUD) . View Attachments (T 13-1) #3. Setting the date of Tuesday, March 26, 2013 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance amending certain sections of Title 21A of the Salt Lake City Code to modify Conditional Building and Site Design Review regulations . Petitioner - Mayor Ralph Becker; Petition No. PLNPCM2010-00783 . View Attachments The proposal would: • Eliminate conflicts in the zoning regulations and clarify existing design criteria; • Remove design criteria more restrictive than the base zoning regulations; and • Remove the option to allow additional height in some zoning districts as a conditional use and include the option for additional height in the design review process . Related provisions of Title 21A - Zoning, may also be amended as part of this petition. (0 13-6) #4 . Setting the date of Tuesday, March 26, 2013 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance amending the Consolidated Fee Schedule to modify the Athletic Facility Reservation Fees and the included Food and Beverage Service Permits . View Attachments The proposal would: • Change field fees from a weekly rate of $15 per week per field to: o $2 per hour per field for non-profit youth organizations o $4 per hour per field for other youth organizations o $5 per hour per field for adult organizations • Change the format for assigning field space from a weekly basis to an hourly basis • Increase food and beverage permit fees 13 - 9 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MARCH 5 , 2013 As the demand for athletic fields in traditional and non- traditional sports is growing, the Administration is proposing these changes in an effort to create more opportunities for participation in sports leagues and activities . If approved by the Council, these changes would require the Consolidated Fee Schedule to be amended to reflect the new charges . (0 13-7) #5. Adopting Ordinance 12 of 2013 (The "2013 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 2013 Assessment Ordinance; providing for a procedure to contest an assessment; and related matters . View Attachments (Q 13-2) #6. RE: Approving the appointment of Chris Atkin to the Housing Advisory and Appeals Board for a term extending through December 13, 2016 . (I 13-3) #7 . RE: Approving the appointment of Robert "Toby" Alires to the Sorenson Multi-Cultural Center Advisory Board for a term extending through July 1, 2015 (I 13-8) The meeting adjourned at 8 : 02 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 March 5, 2013 . clm 13 - 10