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07/06/2004 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DULY 6, 2004 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, July 6, 2004, 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 Van Turner Eric Jergensen Jill Remington-Love Dave Buhler Dale Lambert Nancy Saxton Mayor Ross C. "Rocky" Anderson; Cindy Gust-Jenson, Executive Council Director; Edwin Rutan, City Attorney; and Chris Meeker, Deputy City Recorder were present. Councilmember Love presided at and Councilmember Turner conducted the meeting. #1. The Council led the Pledge of Allegiance. #2. Minutes of June 17, 2004 to be held for a future meeting PUBLIC HEARINGS #1. RE: Accept public comment and consider adopting a resolution authorizing the issuance and sale of up to $19, 000, 000 of sales tax revenue bonds of Salt Lake City and providing for related matters. Councilmember Jergensen moved and Councilmember Love seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Jergensen moved and Councilmember Christensen seconded to adopt Resolution 37 of 2004, which motion carried, all members voted aye. (Q 04-9) #2. RE: Accept public comment and consider adopting an ordinance rezoning property located at 402 South 900 West from Residential Multi-Family (RMF-35) to Neighborhood Commercial (CN) , pursuant to Petition No. 400-02-25. (Parking Lot) View Attachment Councilmember Christensen moved and Councilmember Saxton seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Christensen moved and Councilmember Jergensen seconded to adopt Ordinance 44 of 2004, which motion carried, all members voted aye. Councilmember Christensen said previous zoning had been a mistake on the City's part. He said the Planning Commission did the right thing by initiating the change. (P 04-11) #3. RE: Accept public comment and consider adopting a resolution accepting the study performed in compliance with the Utah Code Section 10-8-2 and authorizing a donation to the Center for Documentary Arts to develop a documentary profile of six westside neighborhoods. View Attachment Councilmember Saxton moved and Councilmember Love seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Christensen moved and Councilmember Jergensen seconded to adopt 04 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DULY 6, 2004 Resolution 38 of 2004, which motion carried, all members voted aye. Councilmember Christensen said documented history of the Westside was lacking. He said he looked forward to the finalization. Councilmember Jergensen said the Center of Documentary Arts would be an anchor for the Leonardo. Councilmember Turner said the new police precinct would display the documentary. (R 04-10) #4. RE: Accept public comment and consider adopting three resolutions accepting the studies performed in compliance with the Utah Code Section 10-8-2 and authorizing contributions to several non-profit organizations for transitional housing, emergency winter overflow shelter and First Night celebration. View Attachment Councilmember Saxton moved and Councilmember Love seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Christensen moved and Councilmember Jergensen seconded to adopt Resolution 39 of 2004, Resolution 40 of 2004 and Resolution 41 of 2004, which motion carried all members voted aye. (R 04-11) QUESTIONS TO THE MAYOR Councilmember Turner commented on the unveiling of the Olympic flag poles in the Jordan Peace Garden and the Fourth of July fireworks. Councilmember Christensen asked if there had been consideration for fireworks at Riverside Park. Mayor Anderson said the Administration would look at having fireworks at Riverside Park. COMMENTS TO THE CITY COUNCIL Douglas Cotant spoke regarding TRAX not running on July 5, 2004. He asked for information regarding a ticket for benches at the Days of 47 Parade. He said the City should have a Fourth of July Parade. Shane Kartchner spoke regarding the Artists and Entertainment ordinance. UNFINISHED BUSINESS #1. RE: Adopting an ordinance amending the final budget, excluding the budget for the Library Fund which is separately amended and adopted, and the employment staffing document of Salt Lake City, Utah for Fiscal Year 2004-2005. Councilmember Buhler moved and Councilmember Jergensen seconded to adopt Ordinance 51 of 2004, which motion carried, all members voted aye. Councilmember Buhler said this amended the budget to reflect changes in tax revenue. He said one-time funds would cover one-time needs which would fall into general fund balance. He said additional revenue the City was not receiving would be moved from fund balance. (B 04-1) #2. RE: Adopting an ordinance amending the final budget for the Library Fund 04 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DULY 6, 2004 of Salt Lake City, Utah for Fiscal Year 2004-2005 in the amount of $12, 949,740 to reflect a property tax increase of $1,543,819. Councilmember Christensen moved and Councilmember Love seconded to adopt Ordinance 52 of 2004, which motion carried, all members voted aye except Council Members Buhler and Lambert who voted nay. Councilmember Christensen said the motion was a balance between needs which had been proposed in the original budget and the reality of going back to voters for more funding. He said this was a compromise. Councilmember Lambert said he was concerned to learn that the budget adopted was higher than originally proposed. He said the motion moved it back to the original proposal. He said he had suggested a tax increase of 1.3 million not 1.5 million. He said he would vote against the proposal. Councilmember Saxton said it was important for tax-payers to understand what the cost was to run facilities. She said the Library was an asset. She said it was the responsibility of the City Council and the Administration to educate the public with regard to the cost of doing business. She said she would vote in favor of the increase. (B 04-3) #3. RE: Adopting an ordinance amending the rate of tax levy for the Special Library Fund for Fiscal Year 2004-2005 of .000887. Councilmember Jergensen moved and Councilmember Love seconded to adopt Ordinance 53 of 2004, which motion carried, all members voted aye except Council Members Buhler and Lambert who voted nay. (B 04-3) #4. RE: Adopting an amended ordinance amending the rate of tax levy upon all real and personal property within Salt Lake City made taxable by law for Fiscal Year commencing July 1, 2004 and ending June 30, 2005, including judgment levies as follows: 1. General Fund: 0.003944 (certified rate) 2. General Obligation Bonds: 0.0000636. 3. Judgment Levies: • General Fund 0.000056. • General Obligation Bonds 0.000008. 4. Library Fund: .000887 5. Judgment Levy 0.000009. This reflects a total tax rate of .005540. Councilmember Love moved and Councilmember Jergensen seconded to vote on Items 1, 2 and 4 which motion carried, all members voted aye Councilmember Love moved and Councilmember Jergensen seconded to adopt Ordinance 54 of 2004 and vote on Items 3 and 5, which motion carried, all members voted aye except Council Members Lambert and Buhler who voted nay. Councilmember Lambert said a judgment levy was to make up losses occurring due to tax protests. He said they were tax increases and he would vote against the judgment levies. (B 04-8) 04 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JULY 6, 2004 #5. RE: Reconsider passing Ordinance 25 of 2004 (Repealing and Reenacting Chapter 14.38 re: Sidewalk Entertainers and Artists) that was vetoed (veto) by the mayor on July 1, 2004. Councilmember Lambert moved and Councilmember Love seconded to override the Mayor' s veto of Ordinance 25 of 2004 repealing and reenacting Chapter 14.38 re: Sidewalk Entertainers and Artists and express the intent to review the recommendations relating to the 150 foot separation at the July 13, 2004 City Council meeting, which motion carried, all members voted aye. Councilmember Lambert said after study, debate and legal counsel, the Council passed an artist's ordinance. He said a portion of the ordinance was arguably unconstitutional. He said if the Council upheld the Mayor' s veto the whole ordinance would be thrown out rather than the specific issue. He said he intended to consider the specific issue at the July 13, 2004 meeting. He said the Council wanted to have an enforceable ordinance. Councilmember Saxton said the 150 feet was an administrative decision. She asked the administration to look at the footage. (0 02-11) CONSENT Councilmember Lambert moved and Councilmember Love seconded to adopt the consent agenda, excluding Item 1, which motion carried, all members voted aye. #1. RE: Adopting a motion authorizing the Council Chair to sign an agreement with the Mayor and the Chair of the Library Square Foundation for Art, Culture and Science regarding the matching funds that The Leonardo must raise before the City will issue a general obligation bond for the refurbishment of the old library building. (C 04-403) #2. RE: Adopting Resolution 42 of 2004 authorizing the approval of an interlocal cooperation agreement between Salt Lake City Corporation and Utah Department of Transportation regarding Emigration Canyon, Salt Lake City bike lanes. (Project #STP- LC35 (142) (C 04-404) #3. RE: Requesting that the Administration not hold a hearing regarding a request to declare surplus a portion of property owned by Public Utilities on the East Jordan Canal Extension, and sell the surplus to an abutting property owner. The sale of this piece of land will not affect maintenance of the canal. (W 04-4) #4. RE: Approving the reappointment of Eleanor L. Muth, to the Community Development Advisory Committee for a term extending through July 2, 2007. (I 04-23) The meeting adjourned at 7 :49 p.m. cm 04 - 4