06/11/2013 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, JUNE 11 , 2013
The City Council of Salt Lake City, Utah, met in Regular Session on
Tuesday, June 11, 2013 at 7 : 00 p.m. in Room 315, 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; Ralph Becker, Mayor; and Sonya Kintaro, Chief Deputy City
Recorder were present.
Councilmember LaMalfa presided at and Councilmember Luke
conducted the meeting.
OPENING CEREMONY
#1 . 7:04:11 PM Pledge of Allegiance .
#2 . 7:19:57 PM Council and Mayor Becker recognized Ed Rutan,
outgoing City Attorney, for his service to Salt Lake City.
PUBLIC HEARINGS
#1. 7:19:57 PM Accept public comment and consider adopting an
ordinance adopting the final budget and related ordinances, including
the budget for the Library Fund, setting the property tax rate for
Salt Lake City and Library; the Consolidated Fee Schedule; and the
employment staffing document for Salt Lake City, Utah for Fiscal Year
2013-2014 .
Note : This includes all ordinances associated with the implementation
of the City' s 2013-2014 Budget, including the Library Fund. (Items
Cla-C1r. ) View Attachment Budget Related Staff Reports
a. An 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 2013-2014 .
(B 13-1)
b. An ordinance adopting the budget for the Library Fund for
Fiscal Year 2013-2014 .
(B 13-2)
c. An ordinance adopting the rate of tax levy to be credited to
the Library Fund for Fiscal Year 2013-2014 .
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(B 13-2)
d. An ordinance adopting the rate of tax levy, including the
levy for the Library Fund, upon all real and personal property within
Salt Lake City, made taxable by law for Fiscal Year 2013-2014 .
(B 13-1)
e . An ordinance approving the compensation plan for all non-
represented employees of Salt Lake City.
(0 13-11)
f . An ordinance approving a Memorandum of Understanding (MOU)
between Salt Lake City Corporation and the American Federation of
State, County, and Municipal Employees Local 1004, representing
eligible employees, pursuant to the Collective Bargaining and Employee
Representation Joint Resolution dated March 22, 2011, which shall
become effective on ratification and signature .
(0 13-12)
g. An ordinance appropriating necessary funds to implement, for
Fiscal Year 2013-2014 , the provisions of the Memorandum of
Understanding (MOU) dated effective June 23, 2013, between Salt Lake
City Corporation and the American Federation of State, County, and
Municipal Employees Local 1004, representing eligible employees,
pursuant to the Collective Bargaining and Employee Representation
Joint Resolution dated March 22, 2011 .
(0 13-12)
h. An ordinance appropriating necessary funds to implement, for
Fiscal Year 2013-2014 , the provisions of the Memorandum of
Understanding (MOU) 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, 2012 .
(0 12-14)
i . An ordinance appropriating necessary funds to implement, for
Fiscal Year 2013-2014 , 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 20, 2012 .
(0 12-15)
j . An ordinance amending Section 3 . 02 . 020, Salt Lake City Code,
to modify regulatory and service fee authority and to require
identification of city imposed fees; and amending the Salt Lake City
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Consolidated Fee Schedule to modify various fees included therein.
(0 11-9)
k. An ordinance enacting Section 2 . 75 . 040, Salt Lake City Code,
to provide for the imposition of a fee to offset attorneys fees
incurred by the City in small claims proceedings .
(0 13-14)
1 . An ordinance enacting Section 3 . 16 . 030, Salt Lake City Code,
to provide for a surcharge on financial transactions involving the use
of a credit card.
(0 13-16)
m. An ordinance providing for an administrative fee intended to
offset City costs incurred in collection of past due debts .
(0 13-13)
n. An ordinance enacting Section 3 . 02 . 030, Salt Lake City Code,
to provide for an annual adjustment to the Salt Lake City Consolidated
Fee Schedule in accordance with the Consumer Price Index.
(0 11-9)
o. An ordinance enacting Section 3 . 16 . 040, Salt Lake City Code,
to provide for late payment penalties and interest on indebtedness to
the City that is more than 30 days past due .
(0 13-15)
p. An ordinance enacting Section 12 . 56 . 590, Salt Lake City
Code, relating to a parking exemption for certain official vehicles .
(0 13-17)
q. An ordinance amending Section 15 . 16 . 020, Salt Lake City
Code, relating to picnic facility reservation fees.
(0 13-18)
r. An ordinance amending Section 12 . 96 . 020, Salt Lake City
Code, relating to vehicles with outstanding parking tickets; Section
12 . 96 . 025, Salt Lake City Code, relating to towing, impound, storage,
and booting fees; and Section 12 . 96 . 090, Salt Lake City Code, relating
to hearings concerning impoundment.
(0 10-14)
Jason Mathis and George Chapman spoke on their opposition of the
proposed property tax increase . Mr. Mathis said there should have
been more public involvement and discussion about increasing taxes .
Mr. Chapman commented citizens were over-taxed.
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Cindy Cromer spoke in opposition of the funding of a splash pad
at This is the Place monument and submitted a handout.
Patrick Johnson spoke of his opposition of the funding of a
traffic light at the intersection of South Temple and 1100 East for
various reasons .
JD Smith spoke in support of the inclusion of the 21st & 21st
Street enhancement project in the Mayor' s budget. He asked for a
study on traffic calming and ways to create a more walkable, bikeable,
and sustainable business district.
Matthew Nelson submitted a written comment supporting the Mayor' s
recommendation to allocate CIP funds towards the 21st/21st Business
District.
Councilmember Penfold moved and Councilmember Love seconded to
close the public hearing.
Discussion was held regarding accepting more public comment at a
future meeting. Councilmember Simonsen said, statutorily, the budget
must be adopted by the next week. Councilmember Love said the public
would have an opportunity to comment throughout the summer before the
truth-in-taxation meeting in August.
Councilmember Simonsen called for the question, which motion
carried, all members voted aye.
(B 13-1)
POTENTIAL ACTION ITEMS
#1 . 7:25:49 PM Adopting an appropriation resolution adopting the
one-year annual action plan for 2013-14 which includes Community
Development Block Grant funding (CDBG) , Home Investment Partnerships
Program funding (HOME) , Emergency Shelter Grant funding (ESG) , Housing
Opportunities for Persons with AIDS funding (HOPWA) , and approving the
interlocal cooperation agreement between Salt Lake City and the U.S.
Department of Housing and Urban Development.
Councilmember Penfold recused himself.
Councilmember Garrott moved and Councilmember LaMalfa seconded to
adopt Resolution 31 of 2013.
Councilmember Christensen clarified the motion included adopting
the one-year action plan.
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Councilmember Simonsen called for the question, which motion
carried, all members present voted aye.
(T 13-1)
Councilmember Penfold returned to the meeting.
#2 . 7:27:35 PM Adopting an ordinance amending Ordinance 56 of 2012
which adopted the final budget for Fiscal Year 2012-2013 and Ordinance
No. 58 of 2012, which adopted the final budget for the Library. Budget
amendments happen several times each year to reflect adjustments to
the City's budgets. This proposed budget amendment includes
adjustments totaling $6,176,231 .24 relating to general obligation
bonds, the Public Utilities water budget, and the Streetcar budget
among other items. (Budget Amendment No. 4) View Attachment
Motion #1 - Councilmember Christensen moved and Councilmember
Garrott seconded to adopt Ordinance 45 of 2013 amending the Salt Lake
City and Library Budgets, as revised by the Administration, for fiscal
year 2012-2013, with the exception of the following items :
• A-4, Electric Vehicle charging stations
• D-11, General Fund transfer to CIP
• I-1, Homeless Employment Program
• I-2, Recapture of funds added by Council in FY 2013
annual budget
Motion #2 - Councilmember Love moved and Councilmember Garrott
seconded to adopt Item A-4, Electric Vehicle Charging Stations
Upgrade, in the amount $25, 400 which motion carried, all members voted
aye .
Motion #3 - Councilmember Christensen moved and Councilmember
Love seconded to adopt Item D-11, in the amount of $384, 750, which
motion carried, all members voted aye.
Motion #4 - Councilmember Garrott moved and Councilmember LaMalfa
seconded to adopt Item I-1, in the amount of $80, 000, to contract with
Valley Services and fund a pilot homeless employment program, with the
understanding that this funding was contingent upon the provider
submitting a written report by the beginning of Fall as to the
program' s experiences and findings, which motion carried, all members
voted aye.
Motion #5 - Councilmember Luke moved and Councilmember Garrott
seconded to adopt Item I-2, in the amount of $131, 250 and up to
$186, 250 . The following items will be recaptured to offset the
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reduction to the general fund transfer to CIP:
• $55, 000 from CED (recaptured from the $110, 000 originally
allocated for zoning enforcement officers) , as of June 4, 2013 .
Maximum funding available up to an additional $55, 000 is to be
recaptured depending on the Department' s budget balance from
available funds as of June 30, 2013 .
• $56, 250 from CED (recaptured from the $56, 250 originally
allocated for the Public Engagement Coordinator)
• $20, 000 from non-Departmental (recaptured from Community Council
Mailings)
Councilmember LaMalfa said he would vote against the motion. He
said Council was frustrated with the Community and Economic
Development Department (CED) for not using the money in the way the
Council wanted. He said he was under the impression that a
constructive solution would be found when working through the next
budget. He said Community Council mailings still remained important
and should be carried forward. He said there was a transmittal that
described how the funds would be used. Cindy Gust-Jenson said the
$20, 000 would lapse into the General Fund balance, but funding was
recommended for the next budget.
Councilmember Penfold said he would be voting against the motion
because general practice was to let unspent funds lapse into the
General Fund. He said it was a reasonable expectation with the
transitions in CED in the last 6 to 8 months .
Councilmember Simonsen called for the question. A roll call vote
was taken, which motion failed. Council Members Christensen, Garrott,
and Luke voted aye . Council Members LaMalfa, Penfold, Love, and
Simonsen voted nay.
Councilmember Christensen asked staff about covering the revenue
shortfall anticipated for the year. Jennifer Bruno said Council could
appropriate $131, 250 from fund balance or go with the Administration' s
recommendation to take the full $556, 000 from CIP which funds were
originally intended to be spent on debt service for the streetcar. She
said the streetcar debt service, however, was not due this current
fiscal year. She said Council had discussed if there were funds from
CIP budget, it could be spent on other CIP projects . She said total
revenue shortfall was $556, 000 .
Motion #6 - Councilmember Penfold moved and Councilmember Love
seconded to fund the shortfall of $131, 250 from fund balance .
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Councilmember Christensen said he would support the motion
because Council recognized a revenue shortfall . He said policy
decisions were made by the Council and he did not agree with certain
actions by the Administration.
Councilmember Simonsen called for the question, which motion
carried, all members voted aye.
(B 13-7)
#3 . 7:38:37 PM Consider a motion to recess as the City Council and
to convene as the Board of Directors of the Local Building Authority.
Councilmember Simonsen recused himself.
Councilmember Penfold moved and Councilmember Garrott seconded to
recess as the City Council and to convene as the Board of Directors of
the Local Building Authority of Salt Lake City, Utah, which motion
carried, all members voted aye .
Director Penfold moved and Director Garrott seconded to adjourn
and reconvene as the Salt Lake City Council, which motion carried, all
directors present voted aye.
(M 13-10)
Councilmember Simonsen returned to the meeting.
COMMENTS TO THE CITY COUNCIL
7 :40:16 PM Dominic Heuscher, Susan Grant, Bruce Wood, Devin Lane,
Tim Gonzales, Elizabeth Katsanevas, Skip Daynes, Jana Spangler, Don
Sayre, LaNece Andreason, Julie Davis, Radek Parez, and Ruwen Zhang
spoke in support of allowing Mike Martinez and Mike' s Tennis Academy
to renew his contract with Salt Lake City.
Allyson Davis, James D. Wetzel, William Apperson, Barbara A.
Lane, and Vera Wood submitted written comments in support of allowing
Mike Martinez and Mike' s Tennis Academy to renew his contract with the
City. View Attachment
UNFINISHED BUSINESS
#1 . 8:07:17 PM Adopting a resolution approving the issuance and
the sale of $15,300,000 aggregate principal amount of General
Obligation Bonds of the City to finance all or a portion of a
multipurpose regional sports, recreation and education complex and
related roads, parking and improvements; authorizing the execution and
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delivery of certain related documents; delegating authority to certain
officials and officers of the City to approve the final terms and
provisions of such bonds and providing for related matters .
View Attachment
Councilmember Christensen recused himself.
Councilmember Garrott moved and Councilmember Penfold seconded to
adopt Resolution 28 of 2013.
Councilmember LaMalfa said he would vote against the motion
because he felt there were better places to put this facility. He said
placing it next to a river ran the risk of flooding and it was too far
away from the west side business community.
Councilmember Garrott said the location was a good location but
the City should be sensitive to wildlife concerns .
Councilmember Simonsen said he would vote against the motion
because it was not consistent with adopted policy and did not have the
best and long term interest of the community in mind.
Councilmember Simonsen called for the question. A roll call vote
was taken, which motion carried. Council Members Penfold, Garrott,
Luke, and Love voted aye . Council Members LaMalfa and Simonsen voted
nay.
(Q 10-1)
Councilmember Christensen returned to the meeting.
#2 . 8:12:56 PM Adopting Resolution 29 of 2013 expressing support
for Open Space land acquisitions . Under the proposal, the City would
acquire three properties using $184 ,300 in Open Space Bond Funds . The
parcels include :
• Two properties adjacent to Jordan Park on Montague Avenue (961
West, 962 West and 940 South) . The properties would be used to
serve the Poplar Grove Park and Glendale Park communities by
providing greater access to the Jordan River parkway and Jordan
Park.
• One property at 2205 South and 900 East adjacent to Parley' s
Trail. The property, located along the Sugar House Streetcar
stop, would allow the trail width to remain 12 feet and not be
constricted by the streetcar station. View Attachment
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Councilmember LaMalfa moved and Councilmember Garrott to adopt
Resolution 29 of 2013.
Councilmember LaMalfa spoke in support of this motion.
Councilmember Simonsen called for the question, which motion
carried, all members voted aye.
(R 13-5)
CONSENT
8:14:01 PM Councilmember Garrott moved and Councilmember Luke
seconded to approve the consent agenda, which motion carried, all
members voted aye.
#1 . Set the date of Tuesday, July 9, 2013 at 7 : 00 p .m. to accept
public comment and consider adopting an ordinance that would amend
Salt Lake City Code concerning recognition of community-based
organizations (amending Chapter 2 . 60 and certain sections of Title
21A; and deleting Chapter 2 . 62 . ) . The proposed amendments would update
the current ordinance related to recognized community organizations,
which has not been updated since 1990 . The amendments were designed to
bolster the amount and diversity of public participation of community-
based groups . View Attachment
(0 13-19)
The meeting adjourned at 8 : 14 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 11, 2013 .
sk
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