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06/15/2006 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, JUNE 15 , 2006 The City Council of Salt Lake City, Utah, met in Regular Session on Thursday, June 15, 2006, at 7 : 00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State . The following Council Members were present: Van Turner Nancy Saxton Jill Remington Love Soren Simonsen Eric Jergensen Carlton Christensen Dave Buhler Cindy Gust-Jenson, Executive Council Director; Acting Mayor Rocky Fluhart; Edwin Rutan, City Attorney; Scott Crandall, Deputy City Recorder and Beverly Jones, Deputy City Recorder, were present. Councilmember Buhler presided at and Councilmember Simonsen conducted the meeting. #1 . 7:00:39 PM The Council led the Pledge of Allegiance. #2 . 7:01:05 PM Councilmember Turner moved and Councilmember Saxton seconded to approve the minutes of the Salt Lake City Council meeting held June 6, 2006, which motion carried, all members voted aye. View Minutes (M 06-3) COMMENTS TO THE CITY COUNCIL 7:01:57 PM The following people spoke or submitted hearing cards in opposition to the proposed golf budget: Richard Mageras and Duncan Phillips. The following people spoke or submitted hearing cards in support of Youth City: Chris Warren, Kelsey Buchanan, Vreni Romang, Zoe Rhyne, Meagan Campbell, Gina and Jacob Cornia, Margerite Cosale and Ashantai Yungai. UNFINISHED BUSINESS: #1 . RE : 7:16:00 PM Adopting a resolution authorizing the issuance and sale of up to $20, 000, 000 aggregate principal amount of Tax and Revenue Anticipation Notes, Series 2006, and related matters . View Attachment Councilmember Jergensen moved and Councilmember Buhler seconded to adopt Resolution 45 of 2006, which motion carried, all members voted aye . (Q 06-8) 06 - 86 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, JUNE 15 , 2006 7:16:31 PM Councilmember Love moved and Councilmember Jergensen seconded to adopt an ordinance establishing Salt Lake City' s repayment of court ordered judgments made taxable by law for the Fiscal Year commencing July 1, 2006 and ending June 30 , 2007 as follows : the General Obligation Bonds at 0 . 000013 and the Library Fund at 0 . 000018 , which motion carried, all members voted aye except Councilmember Buhler who voted nay. 7:17:13 PM Councilmember Buhler moved and Councilmember Christensen seconded to adopt Items F-2 through F-22 (Ordinances 31 thru 38) as indicated on the blue sheet relating to the Library budget, the City' s final budget (including compensation plans and memoranda of understanding) , the tax levies, including the previously decided judgment levies, Refuse Fund fees, water rates, fire prevention fees, Airport Parking Services License Tax, motion approving Legislative Intent Statements, and the motion regarding City-owned vehicles (see Item F-18 for components) , but excluding Item F-15 (golf fees, passes, and staffing changes) and Item F-19 (Business Licensing fees) which were adopted separately. Councilmember Buhler said the budget funded 21 . 75 new positions . He said the positions included eight in the Police Department, four for the City' s new One Stop Counter, one new prosecutor, one new office technician, a new Deputy City Treasurer and a new Energy Efficiency Coordinator. He said the School Resource Officer at Highland High had been continued, changes in the Youth Program had been made and four contract clerks in the Justice Court were extended. Councilmember Buhler said a Council initiative of $200, 000 for GIS program enhancements and additional support for special events were funded. He said the budget funded the Downtown Construction Coordinator in partnership with the Salt Lake Chamber and increased funding to the 50/50 concrete replacement program. He urged the Council to support the proposed budget. Councilmember Simonsen said his concerns were the loss of an enterprise program, funding new positions while losing others and the modest cost of living increase the Council had proposed for current employees . He said he would support the budget but would continue to try and find ways to support current City employees . Councilmember Simonsen called for the question, which motion carried, all members voted aye . #2 . RE: Adopting Ordinance 31 of 2006 adopting the budget for the Library Fund of Salt Lake City, Utah for Fiscal Year 2006-2007 . View Attachment 06 - 87 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, JUNE 15 , 2006 (B 06-3) #3. RE: Adopting Ordinance 32 of 2006 adopting the budget, excluding the budget for the Library Fund which is separately adopted, and the employment staffing document of Salt Lake City, Utah for Fiscal Year 2006-2007 . View Attachment (B 06-1) #4 . RE: Adopting Ordinance 33 of 2006 approving a compensation plan for Executive Employees and Elected Officials . View Attachment (0 06-11) #5. RE: Adopting Ordinance 34 of 2006 appropriating necessary funds to implement for Fiscal Year 2006-2007 the provisions of the Memorandum of Understanding between Salt Lake City Corporation and Local 1004 of the American Federation of State, County and Municipal Employees (AFSCME) representing the "100 Series" City employees dated on or about June 22, 2005 . View Attachment (0 05-4) #6. RE: Adopting Ordinance 35 of 2006 appropriating necessary funds to implement for Fiscal Year 2006-2007 the provisions of the Memorandum of Understanding between Salt Lake City Corporation and Local 1004 of the American Federation of State, County and Municipal Employees (AFSCME) representing the "200 Series" City employees dated on or about June 22, 2005 . View Attachment (0 05-5) #7 . RE: Adopting Ordinance 36 of 2006 approving a compensation plan for "600 Series and 300 Series" employees . View Attachment (0 06-12) #8 . RE: Adopting Ordinance 37 of 2006 appropriating necessary funds to implement for Fiscal Year 2006-2007 the provisions of the Memorandum of Understanding between Salt Lake City Corporation and Local 1645 of the International Association of Firefighters representing the "400 Series" City employees dated on or about June 18, 2004 . View Attachment (0 04-8) #9. RE: Adopting Ordinance 38 of 2006 approving a Memorandum of Understanding between Salt Lake City and the Salt Lake Police Association, International Union of Police Associations, Local 75 AFL- CI0 representing the "500 Series" City employees and appropriating funds necessary to implement that agreement for Fiscal Year 2006-2007 . View Attachment (0 06-13) 06 - 88 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, JUNE 15, 2006 #10 . RE: Adopting Ordinance 39 of 2006 approving a compensation plan for "800 Series" employees . View Attachment (0 06-14) #11 . RE: Adopting Ordinance 40 of 2006 approving a compensation plan for "900 Series" employees . View Attachment (0 06-15) #12 . RE: Adopting Ordinance 41 of 2006 approving a compensation plan for "Un-classified" employees . View Attachment (0 06-16) #13 . RE: Adopting Ordinance 42 of 2006 approving a compensation plan for "Regular Part-time" employees . View Attachment (0 06-17) #14 . RE: Adopting Ordinance 43 of 2006 adopting the final rate of tax levy on all real and personal property within Salt Lake City made taxable by law for Fiscal Year 2006-2007 . View Attachment (B 06-7) #15. RE: 7:24:05 PM Adopting an ordinance amending certain sections of Chapter 15 . 16, Salt Lake City Code, relating to fees for park and recreation facilities, and repealing Chapter 15 . 21, Salt Lake City Code, relating to the Recreation Enterprise Fund and adopt the following changes to the Administration' s proposed budget, including staffing document: View Attachment 1) . Shift 5 full-time groundskeeper positions to seasonal as of October 1, 2006. 2) . Retain 5 full-time groundskeeper positions and reclassify them to irrigation/maintenance technicians along with the 3 full-time maintenance workers we currently have in the system. This will give us a total of 7 full-time irrigation/maintenance technicians . 3) . Eliminate the office technician position as of January 1 , 2007 . 4) . Shift 4 full-time starter positions to seasonal as of October 1, 2006. 5) . Retain one full—time starter position at Mountain Dell and reclassify this position to assistant professional. 6) . Add one head professional position. 7) . Implement the upgraded seasonal pay scale for maintenance and pro shop positions after approval by Human Resources . 8) . Implement the volunteer marshal program after approval by the City Attorney' s Office. 9) . By January 1 , 2007 , conduct a cost/benefit analysis into the Golf Division' s continued operation of the Jordan River Par 3 facility. If this analysis shows that the annual net loss to the Golf Fund cannot be justified, then investigate utilizing all or a portion of this property for General Fund 06 - 89 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, JUNE 15 , 2006 recreational programs in accordance with our agreement with the State of Utah. 10) . Prior to the FY08 budget process, complete the initiatives outlined in the 2006 Golf Division Strategic Plan, which will be briefed in detail to the Council in a future meeting. Councilmember Jergensen moved and Councilmember Love seconded to adopt Ordinance 49 of 2006 amending certain sections of Chapter 15. 16 of the Salt Lake City Code relating to fees for park and recreation facilities and repealing Chapter 15 .21 of the Salt Lake City Code relating to the Golf Enterprise Fund and adopt printed changes to the Administration' s proposed budget including the staffing document. Councilmember Jergensen said they had seriously considered the needs of the golfing community and the employees that were part of that program. He said the proposal allowed the City to move forward to find and establish new markets . He said they could not allow the beauty of open spaces to be reduced and minimized. He said it was important not to move ten full-time employees to seasonal . He said the City needed to maintain a significant amount of the ten employees to reduce the risk of problems on the courses . He urged the Council to support the proposal . Councilmember Love said at no time was this discussion about job performance . She said it was an attempt to adjust the golf structure to find new efficiencies . Councilmember Saxton said she would be voting against the motion. She said she could not vote to hire a person at a higher salary for an ongoing basis when employees were being laid off or being made seasonal . Councilmember Christensen said he was struggling with some policy issues which he felt the budget did not address . He said he would have a difficult time voting for the motion. Councilmember Turner said he felt the City needed employees they could depend on and knew exactly what they were doing. He said he would vote against the motion. Councilmember Simonsen called for the question, which motion carried, all members voted aye, except Council Members Christensen, Turner and Saxton, who voted nay. (0 06-20) #16. RE: Adopting Ordinance 44 of 2006 amending Section 9 . 08 . 030, Salt Lake City Code, relating to garbage and recycling pick up services . View Attachment (0 06-21) 06 - 90 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, JUNE 15 , 2006 #17 . RE: Adopting Ordinance 45 of 2006 amending Sections 17 . 16 . 670 and 17 . 16 . 680, Salt Lake City Code, relating to water rates . View Attachment (0 04-15) #18 . RE: Adopting a motion expressing intent to adopt an ordinance amending Chapter 2 . 54, Salt Lake City Code, relating to City-owned motor vehicles that include the following components : View Attachment o With regard to Personal Use : • off-duty use is available for public safety officers living within Salt Lake City for use within Salt Lake City. • off-duty use within Salt Lake City is available for public safety officers while already in the City on official business . (One may not drive into the City in order to conduct personal business . ) • limited personal use is allowed outside of the City for non-City residents' incidental to their commute home . • Amount of personal use should be a reasonable amount so as to not accumulate excessive miles on the vehicle . A definition of reasonable personal use will be established by department policies . A report of usage and mileage will be provided by Fleet Management to Department Directors on a monthly basis so that directors can monitor usage and determine a reasonable accumulation of miles . o With regard to use of vehicles for secondary employment, vehicles will continue to be allowed for this use, but a fuel surcharge in the amount of $3 . 00 per shift will be assessed to those employers effective October 1 , 2006 . o With regard to the fee schedule for bi-weekly payments by employees : • the fee schedule will be adopted by ordinance rather than by the mayor or mayor' s designee . • the fee schedule is : Within Biweekly CITY CITY non-PS 5 $8 . 00 10 $16 . 00 15 $24 . 00 20 $32 . 00 25 $40 . 00 30 $48 . 00 35 $56 . 00 06 - 91 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, JUNE 15 , 2006 40 $56 . 00 45 $56 . 00 • the fee schedule will be re-evaluated each year in conjunction with the annual budget. o With regard to the distance an employee may live from the City: • no longer measured from "the corporate limits of SLC" , but from I- 80 and Redwood Road • Employees living farther than 35 miles from I-80 and Redwood Road would not be eligible for a take-home vehicle . • 35 "road and highway miles" - theoretically, this would be calculated using a common internet or software program that estimates distances using driving directions . • add an appeal process for employees disagreeing with the distance calculation. This will be administered by the employee' s department director or designee and established in departmental policy. The appeal criteria would require some documentation of the discrepancy from the employee, action taken by the department, and records would need to be kept and available for audit. • Those officers farther away than 35 miles as of August 1 , 2006 will be grandfathered for a period of 5-years at which time they will no longer be eligible for a take-home vehicle. For the first two years , their bi-weekly payment will equal the maximum charge for those within 35 miles . In year three, the maximum charge will increase by 20% , in year four it will increase by an additional 20% , and in the fifth and final year, it will increase by an additional 20% . (0 06-22) #19 . RE: 7:38:48 PM Adopting an ordinance amending Schedule 1 of Title 5, Salt Lake City Code, relating to additional regulatory fees for certain classes of businesses, Section 5 . 04 . 070, Salt Lake City Code, relating to license fees levied, Section 5 . 05 . 130, Salt Lake City Code, relating to application fees - for certificate or certificate of additional authority and Section 5 . 05 . 135, Salt Lake City Code, relating to fees pertaining to certificates of public convenience and necessity. View Attachment Councilmember Turner moved and Councilmember Buhler seconded to adopt Ordinance 50 of 2006 . Councilmember Saxton said she would be voting against the motion because she was against an increase in the employee rate even though the increase was minimal . 06 - 92 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, JUNE 15 , 2006 Councilmember Turner said he felt the proposed fees were reasonable and would not put a burden on businesses in the area. Councilmember Buhler said he agreed in concept with Councilmember Saxton about the per employee fee. He said if the employee fee was dropped small businesses would be penalized because the base fee would be so high. Councilmember Jergensen said the City needed to charge for employees because some came from outside the City. He said the City was expected to provide services for those employees such as fire, police protection, roads and other amenities . Councilmember Simonsen called for the question, which motion carried, all members voted aye, except Councilmember Saxton, who voted nay. (0 04-22) #20 . RE: Adopting Ordinance 47 of 2006 enacting Subsection 2 . 12 . 040, Salt Lake City Code, providing permit fees to be collected from businesses by the City. View Attachment (0 06-18) #21 . RE: Adopting Ordinance 48 of 2006 amending 5 . 04 . 200, Salt Lake City Code, pertaining to the Airport Parking Services License Tax. View Attachment (0 06-23) #22 . RE: Adopting a motion approving the City Council' s Legislative Intent Statements for Fiscal Year 2006-2007 . View Attachment (B 06-1) CONSENT AGENDA 7:42:51 PM Councilmember Buhler moved and Councilmember Jergensen seconded to approve the Consent Agenda, which motion carried, all members voted aye . #1 . RE: Setting the date of July 6, 2006 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance amending two portions of the Transportation Master Plan: (A) Major Street Plan: roadway functional classification, and (B) rail transit corridors and renaming rail transit corridors to major transit facilities pursuant to Petition No . 400-05-14 . (P 06-11) 06 - 93 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, JUNE 15 , 2006 #2 . RE: Setting the date of July 11, 2006 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance amending Section 21A. 62 . 040, Salt Lake City Code, pertaining to child daycare and Section 21A. 62 . 040, Salt Lake City Code, pertaining to definitions pursuant to Petition No. 400-06-30 . (0 06-2) The meeting adjourned at 7 : 43 p.m. This document along with the digital recording constitute the official minutes of the City Council Regular Session meeting held June 15, 2006 . bj 06 - 94