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04/22/2003 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 22 , 2003 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, April 22, 2003, at 6:04 p.m. in Room 315, City Council Chambers, City County Building, 451 South State, Salt Lake City, Utah. The following Council Members were present: Carlton Christensen Van Turner Nancy Saxton Jill Remington Love Eric Jergensen Dave Buhler Dale Lambert Rocky Fluhart, Chief Administrative Officer; Cindy Gust-Jenson, Council Executive Director; and Chris Meeker, Chief Deputy City Recorder; were present. Councilmember Christensen presided at and conducted the meeting. #1. The Council led the Pledge of Allegiance. #2. Councilmember Turner moved and Councilmember Lambert seconded to approve the minutes of the City Council meeting held April 15, 2003, which motion carried, all members voted aye. (M 03-1) PUBLIC HEARINGS #1. RE: Accept public comment and consider adopting an ordinance amending sections 17.16.670 and 17.16.680, Salt Lake City Code, relating to water rates. ACTION: Councilmember Saxton moved and Councilmember Jergensen seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Love moved and Councilmember Jergensen seconded to adopt Ordinance 20 of 2003, approving the rate structure as originally proposed by the administration, including a County rate differential of.35 rather than .50, a City residential rate of .72 for Block 1, 1.10 for Block 2, and 1.53 for Block 3, which motion carried, all members voted aye except Councilmember Buhler who voted nay. DISCUSSION: The following people spoke in opposition of the proposed water rate structure: Clinton Jensen, Todd McKinnon, Bela Vastag, Rainer Huck, Jeff Silverstrini, Vice Chair of Mt. Olympus Community Council, Todd Gee, Kenneth Smith, Chair of the Mt. Olympus Community Council, Mary Gene Fuller, Linda Smith, Warren Davis, Marla Gault, Lisa McBride, David Adams, Michael McBride, Howard Holfeltz and Douglas Lott. The following people spoke in favor of the proposed water rate structure: Meryl Redisch, Amy O'Connor, Diana Cook, Leland Myers, Zachary Frankel, Executive Director of the Rivers Council, Erica Thoen, Water Conservationist Coordinator for Utah Rivers Council, Chris Auman, Dan Potts, Ecologist, Michael Elggren, Michael Budig, Bonnie Mangold, Corbin Weller, Robert Heyn, and Charles Vincent. The following commented or submitted written comments regarding the water rate structure: Brian Alvord. Jerry Schmidt, Bob Fisher, Lee Decker, Ralph Steenbilik, Mont Mahoney, Casee Stone, Octavia Haines, Gene Jones, Robert Meyers, Tracie Kirkham, Jen Colby, and Olivia Derridinger: Comments included water rate structure, Utah Property Rights Association, proposed times for watering, large families, mechanical devices which saved water, multiple unit rates, forming an additional water district which would use Jordan River Water, and proper representation for Salt Lake County residents. 03 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 22 , 2003 LeRoy Hooton, Director of Public Utilities, spoke to the County customer issues. He said Salt Lake City had served Salt Lake County under an exchange contract for many years. He said certain areas in the County received preferential rights through City rates. He said Millcreek area customers had those rights. He said some County customers received free water. He said to set fair water rates to County residents a study was conducted by a national water rate consultant. He offered to meet with County customers and explain how the rates system worked between City and County residents. He said since 1934 City residents had paid taxes to the Metropolitan Water District. He said County residents did not pay taxes to the Metropolitan Water District. Councilmember Jergensen said there were three County members on the Public Utilities Advisory Committee. Mr. Hooton said that was correct. He said there were three County representatives and six City representatives. He said the ratio of members on the committee was based on the number of connections. Councilmember Love spoke to her motion. She said the community was in favor of a new water rate to conserve. She said water was a diminishing resource and as the population continued to grow water resources would be limited. She said Salt Lake City residents paid less for water than most other western cities. She said in order to meet the needs of growing communities water would cost more and needed to be conserved. She said a 26-person citizen committee studied the proposal for six months and came up with the structure. She thanked the citizens in attendance for the many suggestions including: using gray water for irrigation, agricultural water use, water saving mechanical devices, restricting or rewarding users for the times of day they water. She said the rate structure was one tool and all conservation tools should be explored. She the time was now for conservation. Councilmember Buhler said watered conservation was important and needed to be encouraged. He said the tendency was to waste water and most customers could use water more efficiently. He said conserving was necessary and had environmental and financial benefits. He said currently the City had water conservation rates and customers were charged 50% more for water used in the summer than the rest of the year. He said current rates required those who used more to pay more. Councilmember Buhler said his concerns for the new rate schedule were as follows: 1) customers had been told the proposal was revenue neutral and would not receive a windfall from imposing the rates. He said a previously scheduled 3% rate increase had been turned into an 11% increase to make up for an 8% projected decrease in water use or an 8% increase in water conservation; 2) many residential customers would see an increase of over 10%, wasting water or no; 3) he said the proposal would shift cost from businesses and industrial users to residents. He said revenue from residential customers was expected to increase by 2.8% and revenue from non-residential customers was projected to decrease by 8.4%. He said 4) the proposal would add additional strain to an already difficult City budget. He said it was estimated that the budget for the Parks Department would have to increase by $150, 000 and the golf course budget would have to increase approximately $140,000 to implement the rate plan; 5) the proposed block rate scheme was unfair to some customers, imposing a one size fits all pricing plan. He said the new rate was 15% more for winter and summer than the current rate. Councilmember Buhler said 6) he said the estimate was that 60% of the residents would be in the second block at least one month of the summer and for customers using 30 or more cubic feet the rates jumped another 42% or more than 100% above block one. He said this was 56% more than the current summer month charges. He said the fact was 03 — 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 22 , 2003 that not everyone in Block 2 or 3 was wasting water or everyone in Block 1 was conserving water. He said 7) needs were different and charges should be adjusted for individual use. He said it was wrong to automatically assume that everyone in Block 2 or 3 were wasting water. He said if the plan were adopted, people would be penalized for using needed water. He said rents would increase to cover higher water rates; and 8) he said there were no restrictions with regard to time of day watering or for education to conserve water. He said nothing had been provided to assist residents with a revolving loan fund to up-grade irrigation systems. He said a multi-faceted approach was needed. He said he would not support the rate structure. Councilmember Lambert said the rate structure should be revenue neutral. He said the City needed to increase revenue for a variety of reasons. He said due to usage and a 5-year drought the City had to purchase off the spot water, the most expensive water available. He said it was a matter of how to increase revenue and not if there would be an increase. He said presently Salt Lake City and County residents paid below the national average for water. He read examples of other cities rates. He said Salt Lake City and County residents used more water per-capita than other cities. He read examples of other cities per-capita use. He said he was in favor of lowering the County rate differential to .35 rather than .50. Councilmember Saxton said water was a limited commodity and the opportunity was right to educate and teach new life long habits. She said citizens had to think about water differently, be conscientious and aware. She said she was in favor of escalated water rates and mandatory conservation of water. Councilmember Jergensen said water was a vital part of human existence. He said he had two general concerns: 1) how to effectively deal with the growth of the community in the middle of an arid environment, and 2) how to look forward to the future and envision water needs of the community and balance costs of supply and availability. He said government had the responsibility to support and encourage through public policy a wise use of resources. He said government had the responsibility to make sure resources were use fair and equitable. He said government had the responsibility to protect resources for the future. He said the proposed rate change was consistent with good public policy making. He said the proposed rate change encouraged and suggested the wise use of water. He said the proposed rate change was fair and equitable. He said a City wide effort toward conservation reduced or flatted the present demand curve, bringing it in line with the availability curve. He said this extended water availability for future generations. He said it allowed citizens to see capitol infrastructure cost to be moved to the future. Councilmember Jergensen said using secondary water for golf course and park watering needed to be looked at. He said secondary water could be used for irrigation. He said water was a precious natural resource and needed to be used cautiously and with wisdom. Councilmember Turner said the Council had put a lot of thought into the water issue. He said the Department of Public Utilities had replaced many of the water lines in the Glendale neighborhood. He said working with the infrastructure was another way to conserve water. He said minor changes could conserve and save. Councilmember Christensen said his concern was the combination of issues and conservation. He said the time for conservation was now but it created a financial 03 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 22 , 2003 dilemma that the City would not benefit from for a decade or more. He said the City needed low interest loans for individuals on low income to allow them to upgrade irrigation systems. He said conservation would also be a challenge for large institutions with large lawns. He said everyone had room for improvement and in this time of low interest rates the City should bond to replace all of the City' s irrigation systems. (0 97-15) UNFINISHED BUSINESS #1. RE: Adopting an ordinance amending Section 2.75.010, Salt Lake City Code, pertaining to definitions relating to enforcement of civil violation; and amending certain Section of Chapter 12, of Salt Lake City Code, relating to vehicles and traffic. ACTION: Councilmember Jergensen moved and Councilmember Turner seconded to adopt Ordinance 21 of 2003, which motion carried, all members voted aye except Councilmember Saxton who voted nay. DISCUSSION: Councilmember Saxton said she would vote against the ordinance. She said she was opposed to the Police taking a non-enforcement stand on an existing ordinance. She said there was not a good reason to change the law. Councilmember Lambert said the ordinance was an improvement over the former ordinance regardless of whether it had been enforced or not. He said the new ordinance was simpler to enforce and manage. He said it gave clearer guidelines to pedestrians. He said it strengthened protection for pedestrians. (0 99-31) CONSENT AGENDA ACTION: Councilmember Love moved and Councilmember Buhler seconded to adopt the Consent Agenda, which motion carried, all members voted aye. #1. RE: Adopting Ordinance 19 of 2003, confirming the modified and equalized assessment rolls and levying an assessment against certain properties in the Salt Lake City, Utah Special Improvement District No. 103009 (the "District") , for the purpose of paying the costs of constructing improvement on certain streets and public rights- of-way, including earthwork, installation of new water and sewer lines and storm drainage facilities, concrete curb, gutter, sidewalks and pavement, street lighting median park strip with landscaping, traffic signals and grading for other miscellaneous work which was necessary to complete the above improvement; reaffirming the establishment and providing for the funding of a Special Improvement Guaranty Fund; establishing the effective date of this ordinance; and related matters. View Attachment (Q 99-7) #2. RE: Approving the reappointment of Cullen Battle to the Public Utilities Advisory Committee for a term extending through January 15, 2007. (I 03-9) #3. RE: Approving the appointment of Cameron Wilson to the Board of Appeals and Examiners for a term extending through March 1, 2008. (I 03-20) #4. RE: Approving the appointment of Maria Noble to the Community Development Advisory Committee for a term extending through July 5, 2004. (I 03-21) 03 - 4 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 22 , 2003 #5. RE: Approving the appointment of Kathy Scott to the Planning Commission for a term extending through September 1, 2004. (I 03-22) #6. RE: Approving the appointment of Nancy Appleby to the Police Civilian Review Board for a term extending through September 1, 2003. (I 03-17) The meeting adjourned at 8:21 p.m. cm 03 - 5