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12/09/2003 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 9, 2003 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, December 9, 2003 at 7:00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State. The following Council Members were present: Carlton Christensen Dale Lambert Eric Jergensen Jill Remington Love Dave Buhler Van Turner The following Councilmember was absent: Nancy Saxton Mayor Ross C. "Rocky" Anderson; Edwin Rutan, City Attorney; Cindy Gust-Jenson, Executive Council Director; and Pam Johnson, Deputy City Recorder were present. Councilmember Christensen presided at and conducted the meeting. #1. The Council led the Pledge of Allegiance. #2. Councilmember Jergensen moved and Councilmember Turner seconded to approve the minutes of the Salt Lake City Council meeting held December 2, 2003, which motion carried, all members present voted aye. (M 03-1) #3. Vice Council Chair Love presented a gift to Councilmember Christensen on behalf of the Council. She said the Council wanted to recognize Councilmember Christensen's leadership as Chair and thank him for his service. PUBLIC HEARINGS #1. RE: Accept public comment and consider adopting an ordinance adopting the Solid Waste Management Facility budget, which has been prepared and submitted by the Salt Lake Valley Solid waste Management Council for calendar year 2004, subject to specific policy directives. View Attachment Councilmember Lambert moved and Councilmember Turner seconded to close the public hearing, which motion carried, all members present voted aye. Councilmember Lambert moved and Councilmember Jergensen seconded to adopt Ordinance 82 of 2003, and refer to the January 6, 2004 City Council meeting for ratification, which motion carried, all members present voted aye. (B 03-4) #2. RE: Accept public comment and consider adopting an ordinance amending Salt Lake City Ordinance 58 of 2003, which adopted the Final Budget of Salt Lake City, including the employment staffing document, for Fiscal Year 2003-2004. View Attachment The following people spoke or submitted written comments concerning funding for additional school and after school programs: Theresa Mbakw, Kim Schmit, Lisa Sartor and Kathleen Kachocki. Comments included: benefits of high school student and local business internship programs, positive youth development, delinquency prevention, increased safety when remaining on campus for after school programs, student support programs, benefits of youth leadership programs, academic support for students, life skills programs, after 03 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 9, 2003 school education for parents, students designing a curriculum to help failing students, loss of funding for after school programs for 14 schools, bad habits beginning in elementary age children and that 80 - 200 students participate in these programs daily. The following people spoke or submitted written comments concerning funding for the Mayor' s Youth and other youth programs: Robert Gallegos, Jim Jensen, Tom Sly, Troy Bennett, David Lither, Kenan Karalic, Eric Blue, Trenton Roden, Patty L. Roden, Alexandra Allen, Mike Liston, Katie Olson, Doug Blue, Michael Kwiseka and Adrian Fillmore. Comments included: monitoring and follow through to capacities program funding for cost effectiveness, the need to develop dollar matching strategies, working to better utilize financial, physical and human resources, eliminating ways for at-risk youths to be left behind, the need for larger facilities for existing programs, the positive involvement of the Youth City Government, the creation of the Youth Network and 30 other youth groups from previous grant funds, grant paid training for youth instructors, after school programs, summer programs and campouts for at risk youth, innovative and recreational programs teaching rational problem solving, concern and mentoring, noticeable changes in children attending youth programs and opportunities that most would not be able to afford. The following people spoke or submitted written comments concerning funding for substance abuse and prevention programs: Ann Archuleta, Doug LeCheminant, Kelly Lundberg, Larry Peterson, Allison George, Gary Baker and Jaymie Brown. Comments included: the need for substance abuse, prevention and support programs, implementation of recommendations made by the Drug, Alcohol and Tobacco Policy Task Force and Prevention Coalition and the Drug Free Communities Support Program, the number of people and families struggling with addiction in the City, encouragement of healthy lifestyles, promoting support of treatment facilities, long waiting lists for program participants, the need for additional bilingual services, crime associated with substance abuse, brain damage incurred in underage drinkers, assistance of victims of drunk driving, statistics confirming young drinkers becoming alcoholics, and social problems of abuse. The following people spoke or submitted written comments concerning funding for the Prosecutor's Office: Stewart Ralph, Scott A. Fisher and Jeanne Robison. Comments included: accepting funding for a database linking the criminal and civil sides of domestic abuse offenders and victims, advances in levels of prosecution, need for additional staffing and other legal resources, rise in quality of life crimes, advent of the Justice Court, accepting cases from Salt Lake County and the State of Utah, creating two jurisdictions for prosecution, re-criminalization of traffic matters, caseloads exceeding original projections, and the City prosecutes approximately 1/3 of all Utah' s driving under the influence (DUI) cases. The following people spoke or submitted written comments concerning other issues addressed in the proposed budget amendment: Spencer K. Terry, Kevin S. Lolofie, Pasa Tukuafu, Buba Roth, Joni Lawlor, Majlinda Bushi, Goran Rogonjic and James Yapias. Comments included: programs addressing bigotry, bias and race to promote a respectful community in the City, needs of the refugee populations, programs helping refugees participate in City planning, largest population of juvenile offenders come from Salt Lake City, additional space needs for juvenile offender programs, growing poverty rate in the City, economic challenges in minority classes, increase of minority juvenile offenders, additional education for minority parents, better allocation of grant funds, 03 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 9, 2003 and salary revisions for directors of special programs. Councilmember Lambert moved and Councilmember Turner seconded to close the public hearing, which motion carried, all members present voted aye. Councilmember Buhler moved and Councilmember Lambert seconded to adopt Ordinance 83 of 2003, approving all items in budget Amendment No. 2, with the exception of Initiative Nos. 3, 5, 6, and 28, dealing with each of those items separately, which motion carried, all members present voted aye. Councilmember Saxton joined the meeting via telephone. Councilmember Lambert moved and Councilmember Love seconded to adopt Ordinance 83 of 2003, Budget Amendment Initiative No. 3, in the amount of two clerk positions for the Justice Court and two technical positions for the Prosecutor' s Office, which motion failed, Council Members Christensen, Turner, Jergensen, Saxton and Buhler voted nay, and Council Members Lambert and Love voted aye. Councilmember Lambert said he was satisfied the Prosecutor' s Office had proven the need for additional staff. He said the Justice Court could not have anticipated their needs in the first year of operation and now needed additional staff. He said he felt it would be prudent to wait until budget discussions for 2004, before considering hiring additional prosecutors for the City. He said his proposed compromise would fund approximately 1/3 of the requested amount. Councilmember Buhler said he would oppose the motion. He said he found it easier to add positions as needed during the year. He said at the budget opening all departments would be competing for any available monies. Councilmember Saxton said she was concerned the City's deficit would continue. She said she would also vote against the motion. Councilmember Buhler moved and Councilmember Turner seconded to take no action on Initiative No. 3, but refer it to May of 2004, when the Mayor would present his budget proposal for fiscal year 2004-2005, which motion carried, Council Members Christensen, Turner, Jergensen, Saxton and Buhler voted aye, and Council Members Lambert and Love voted nay. Councilmember Jergensen moved and Councilmember Turner second to accept the Department of Education Grant authorizing the approval of the amendment as defined in Initiative No. 5, further moving, prior to additional monies being spent, the administration return to Council with suggestions for: 1) how the total grant monies would be spent, 2) the expected demographic to be served, 3) the collaborative partners to be used in serving the expected demographic, and 4) the metrics necessary to evaluate the services provided. Councilmember Lambert made a friendly amendment to the motion, adding: that a resolution be drafted as soon as possible, outlining the four areas Council wanted the administration to address prior to additional monies being spent, Council Members Jergensen and Turner accepted the friendly amendment, which motion carried, Council Members Lambert, Love, Jergensen and Turner voted aye. And Council Members Saxton, Buhler, and Christensen voted nay. Councilmember Jergensen said it was important to have these programs available for youth of the City. He said planning and collaboration was needed to make sure grant monies were best used to provide for these services. He said his motion would authorize the City to accept the grant only. He said he wanted Council to be briefed on any proposed programs prior to monies being awarded. 03 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 9, 2003 Councilmember Buhler said he wanted to clarify the issue before Council. He said Initiative No. 5 in the proposed budget amendment would fund an administrative position. He said the common concern of all who had addressed Council was stretching grant monies to continue or add much needed youth programs. He said he did not feel adding another City employee was the best way to serve youth programs. He said denying this expenditure would not jeopardize the grant award, which Council had adopted with a prior resolution. Councilmember Love said she would support the motion with the understanding the administration needed to provide Council with detailed expenditure information at the next budget hearing in 2004. Councilmember Lambert said it was unfortunate the misinformation that Council might eliminate any youth programs had been given to the public. He said they felt the City' s youth were a priority. He said the best way to direct the administration would be with a resolution outlining Council' s intent. Councilmember Christensen said he would not support the motion. He said he had unsuccessfully asked the administration for similar information in the past. He said the best way for Council to obtain the information it required would be to withhold appropriation of funds until after the administration submitted it. Mayor Anderson said a resolution would not be necessary. He said better communication was needed for proposed youth programs. He said Council simply needed to let the administration know what they required. He said the administration would be happy to work with the Council in providing any additional information. Councilmember Christensen said it would be helpful if both the administration and the Council were working with a common document for reference. Councilmember Buhler moved and Councilmember Love seconded to adopt a negative appropriation to the amount equal to the remaining unencumbered balance allocated for the renovation of the Boxing building, which motion carried, all members voted aye. Councilmember Buhler said during the Work Session briefing the administration had indicated they would no longer pursue renovation of the Boxing Building in Liberty Park. He said his motion would allow that money to be spent elsewhere in the Youth City Program. He said as with the grant funding of other youth programs, the administration needed to submit a recommendation for the funds. Councilmember Love moved and Councilmember Jergensen seconded to adopt Ordinance 83 of 2003, Budget Amendment Initiative No. 6, for drug free communities, which motion passed, all members voted aye. Councilmember Love said substance abuse was an important issue that needed to be addressed. She said it needed to be made clear the position funded by this grant was only for one year. Councilmember Jergensen said he would support the motion. He said he wanted the administration to review bilingual issues raised by the public. Councilmember Buhler said he supported the goals established by the Drug Free Community Coalition. He said he was concerned this position would continue at the expense of the City as had happened with other one year grant funded positions. Councilmember Saxton excused herself and was absent for the remainder of the meeting. Councilmember Jergensen moved and Councilmember Love seconded to defer consideration of Budget Amendment Initiative No. 28, UTOPIA funding until January 2004, 03 - 4 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 9, 2003 which motion passed, all members present voted aye, except Councilmember Lambert who was recused. Councilmember Jergensen said he wanted the administration and Council to work together on providing the public with all available information on this project. He said it would be a large investment for City residents. Mayor Anderson said before consideration of any funding of the UTOPIA project, a point/counterpoint briefing could be held. He said the discussion could be televised for the public as was done with the Main Street and Nordstrom issues. Councilmember Buhler said fact-finding hearings established last year had proven beneficial in assisting Council in making some controversial discussions. (B 03-10) #3. RE: Accept public comment and consider adopting an ordinance extending the corporate limits of Salt Lake City to include the Mountair Annexation area, consisting of approximately 155 acres of property located generally between 3000 South and 3300 South and between 1100 East and 1700 East pursuant to Petition No. 400-01-07; amending the Sugar House Master Plan; and amending the Salt Lake City zoning map to zone and designate the properties within that area upon annexation to the City. View Attachment The following people spoke or submitted written comments concerning the Mountair Annexation: Ralph Morelli, Thomas Coleman, Robert Atkinson, Lyle Warner, Kathy Bagley, Cash Delahunty, Robert N. Shupe, Harold C. Christensen and Ruth Ann White. Comments included: appreciation for resolution to the petition, the ability to once again join the Millcreek Township, thanking the Council for time taken to review all sides of the petition and for their integrity. Councilmember Jergensen moved and Councilmember Turner seconded to close the public hearing, which motion carried, all members present voted aye. Councilmember Lambert moved and Councilmember Turner seconded to reject the annexation petition, which motion carried, all members present voted aye. Councilmember Lambert said he was sorry the annexation petition failed. He said he wanted to acknowledge those who had proposed the petition. He said he felt both Salt Lake City and the Mountair residents had lost in this decision. Councilmember Buhler said he had represented the Mountair Community in the State Senate. He said it was unfortunate assets of being a Salt Lake City resident were not more visible. (P 01-2) #4. RE: Accept public comment and consider adopting an ordinance enacting Chapter 2. 90 of the Salt Lake City Code creating the Open Space Trust Fund and Advisory Board. View Attachment The following people spoke or submitted written comments concerning the creation of the Open Space Trust Fund and Advisory Board: Cindy Cromer and Helen M. Peters. Comments included: the need to address the Open Space Trust Fund and Advisory Board in a separate meeting in 2004 to allow time for additional information to be obtained, previous open space committees input, previous obstacles, necessity for publicly owned landed, and promoting open space. Councilmember Lambert moved and Councilmember Love seconded to continue the public hearing until January 2004, which motion carried, all members present voted aye. 03 - 5 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 9, 2003 (0 03-27) COMMENTS TO THE MAYOR FROM THE CITY COUNCIL Councilmember Turner said the downtown merchants supported the administration' s free parking promotion. Mayor Anderson said he wanted to encourage both the Salt Lake Tribune and the Deseret Morning News to positively report on activity downtown. He said the more positive the coverage the more it would entice participation. COMMENTS TO THE CITY COUNCIL Lonnie Pursifull addressed the Council concerning the different enforcement policies for street preachers' and Temple Square visitors. John Storrs said he supported the Olympic Legacy project in District Two. NEW BUSINESS #1. RE: Adopting an ordinance amending Section 3.50.180, Salt Lake City Code, relating to Special Events permits-conflicting applications. View Attachment Councilmember Love moved and Councilmember Buhler seconded to suspend the rules and adopt Ordinance 84 of 2003, amending City Code Section 3.50.180 relating to conflicting applications for special event permits with the following amendment: in subparagraph A.2 the words "commercially related" be inserted in the phrase "historic usages special events" so the amended phrase read: "historic usage commercially related special events", which motion carried, all members voted aye. (0 02-7) UNFINISHED BUSINESS #1. RE: Adopting a motion expressing the Council's approval of the proposed Neighborhood Olympic Legacy project for Council District No. 2. Councilmember Turner moved and Councilmember Jergensen seconded to adopt a motion, approving the project, which motion carried, all members present voted aye. Councilmember Turner said he felt it was appropriate to display items used in the 2002 Winter Olympics in the Jordan Parkway Peace Gardens located in District Two. (G 03-21) #2. RE: A) Adopting a resolution creating Salt Lake City, Utah Central Business Improvement District No. DA-CBID-03, generally as described in the Notice of Intention concerning the District; authorizing the City Officials to proceed with economic promotion activities as set forth in the Notice of Intention; and related matters. View Attachment Councilmember Buhler moved and Councilmember Turner seconded to adopt Resolution 57 of 2003, which motion carried, all members present voted aye. (Q 03-7) B) Adopting a resolution to appoint a Board of Equalization and Review for Salt Lake City, Utah Central Business Improvement District No. DA-CBID-03 and setting the dates for the Board of Equalization to hear and consider objections and corrections to any proposed assessments; authorizing the City Recorder to publish and mail a notice of meetings of the Board of Equalization and Review; and related matters. 03 - 6 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 9, 2003 Councilmember Buhler moved and Councilmember Turner seconded to adopt Resolution 58 of 2003, which motion carried, all members present voted aye. (Q 03-7) #3. RE: Adopting a resolution requesting revenue collection and forecast information to be provided to the City Council at least four times each year. Councilmember Jergensen moved and Councilmember Love seconded to adopt Resolution 59 of 2003, which motion carried, all members present voted aye. (R 03-14) #3. RE: A) Adopting a resolution authorizing Salt Lake City to accept the State of Utah Office of Crime Victim Reparations for a clerical position to the Justice Court. Councilmember Buhler moved and Councilmember Jergensen seconded to adopt Resolution 60 of 2003, which motion carried, all members present voted aye. (R 03-15) B) Adopting a resolution authorizing the approval of an interlocal cooperation agreement between Salt Lake City Corporation and the Utah Department of Transportation for sidewalk construction on the west side of Redwood Road between 1000 North to 1700 North. Councilmember Buhler moved and Councilmember Jergensen seconded to adopt Resolution 61 of 2003, which motion carried, all members present voted aye. (C 03-806) C) Adopting a resolution authorizing Salt Lake City to accept the Utah Department of Public Safety Division of Homeland Security grant to purchase personal protective equipment for Fire Department personnel. Councilmember Buhler moved and Councilmember Jergensen seconded to adopt Resolution 62 of 2003, which motion carried, all members present voted aye. (R 03-16) D) Adopting a resolution authorizing Salt Lake City to accept the Department of Health and Human Services grant to develop and prepare an in-depth inventory of locally available resources and capabilities of a valley-wide response to a weapon of mass destruction attack. Councilmember Buhler moved and Councilmember Jergensen seconded to adopt Resolution 63 of 2003, which motion carried, all members present voted aye. (R 03-17) E) Adopting a resolution authorizing Salt Lake City to accept the Utah Department of Public Safety Division of Emergency Services and Homeland Security grant for equipment that would be needed by the Fire Department, Police Department, the Airport and Public Utilities in the event of a weapon of mass destruction attack. Councilmember Buhler moved and Councilmember Jergensen seconded to adopt Resolution 64 of 2003, which motion carried, all members present voted aye. (R 03-18) F) Adopting a resolution authorizing Salt Lake City to accept the United States 03 - 7 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 9, 2003 Department of Justice Office of Community Policing Services (COPS) Cops in Schools grants. Councilmember Buhler moved and Councilmember Jergensen seconded to adopt Resolution 65 of 2003, which motion carried, all members present voted aye. (R 03-19) G) Adopting a resolution authorizing Salt Lake City to accept the United States Department of Justice grants to encourage arrests by providing funds for Police Officer overtime to issue Class A warrants and protection order violation, administrative services of an IMS Technology Engineer to develop web-service that would link City departments data systems to State' s data system, collaboration of participating non- profit agencies, computer equipment and other administrative costs associated with the grant. Councilmember Buhler moved and Councilmember Jergensen seconded to adopt Resolution 66 of 2003, which motion carried, all members present voted aye. (R 03-20) H) Adopting a resolution authorizing Salt Lake City to accept the State of Utah Project Safe Neighborhood grant which pays police officer over-time, a contractual agreement with Adult Probation and Parole and other related costs to case manage adult and City's Weed and Seed targeted areas. Councilmember Buhler moved and Councilmember Jergensen seconded to adopt Resolution 67 of 2003, which motion carried, all members present voted aye. (R 03-21) I) Adopting a resolution authorizing Salt Lake City to accept the State of Utah Department of Justice and Drug Free Communities grant which funds the salary and benefits of the coordinator position, a contractual component to provide an independent evaluation of the prevention coalition' s key strategies, associated costs of training workshops for the Mayor' s Conference on Substance Abuse Prevention, and other grant related costs in formalizing a substance abuse prevention coalition to guide and develop the City's substance abuse prevention policies and strategies by providing public awareness campaigns and policy recommendations. Councilmember Buhler moved and Councilmember Jergensen seconded to adopt Resolution 68 of 2003, which motion carried, all members present voted aye. (R 03-22) J) Adopting a resolution authorizing Salt Lake City to accept the State of Utah Community and Economic Development Division of State History grant to contract with a consultant to create and design a geographic information system (GIS) database for a computer inventory of all burials and locations in the Salt Lake City Cemetery. Councilmember Buhler moved and Councilmember Jergensen seconded to adopt Resolution 69 of 2003, which motion carried, all members present voted aye. (R 03-23) K) Adopting a resolution authorizing Salt Lake City to accept the State of Utah Criminal Justice Information grant to purchase computer equipment for the City' s Police Department, to interface with State of Utah Criminal Justice Systems for development of a criminal history database accessible by both the State and the City. Councilmember Buhler moved and Councilmember Jergensen seconded to adopt Resolution 70 03 - 8 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 9, 2003 of 2003, which motion carried, all members present voted aye. (R 03-24) CONSENT AGENDA Councilmember Jergensen moved and Councilmember Turner seconded to adopt the consent agenda, which motion carried, all members present voted aye. #1. RE: Setting the date of January 6, 2004 at 7:00 p.m. to accept public comment and consider adopting an ordinance rezoning a portion of property located at 400 North 1974 West from public land to single family residential. (Requested by PSC Development representing Utah Housing Corporation. ) (P 03-25) #2. RE: Setting the date of January 6, 2004 at 7:00 p.m. to accept public comment and consider adopting an ordinance redefining the term "department store" and amending the Downtown and Gateway Mixed-Use districts tables of permitted and conditional uses, and creating a new overlay district to define the Downtown Main Street Core Overlay district pursuant to Petition No. 400-03-23. (P 03-26) #3. RE: Setting the date of January 6, 2004 at 7:00 p.m. to accept public comment and consider adopting an ordinance amending Chapter 21A.42 of the Salt Lake City Code regarding temporary tents pursuant to Petition No. 400-01-66. (P 03-11) The meeting adjourned at 9:22 p.m. pj 03 - 9