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06/18/2002 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DUNE 18 , 2002 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, June 18, 2002, at 6:00 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 Nancy Saxton Dave Buhler Dale Lambert Mayor Ross C. "Rocky" Anderson; Cindy Gust-Jenson, Executive Council Director; Roger Cutler, City Attorney; and Scott Crandall, Deputy City Recorder were present. Councilmember Buhler presided at and conducted the meeting. COMMENTS TO THE CITY COUNCIL Douglas Cotant, Salt Lake City, said he understood the manager of Club Manhattan threatened residents of the New Grand Hotel. He said he wanted someone to look into the issue. Samantha Francis, Salt Lake City, said the Olympic Park proposal created a number of problems which needed to be addressed through a public process. She said fencing would be needed to regulate ticketed events in the park. She said she wanted to know why an Olympic Cultural Center would be allowed in Pioneer Park but the aquarium proposal was turned down. She said green space was needed and Pioneer Park should be left alone. She said the vending cart issue also needed to be addressed. Kamie Vailea, Salt Lake City Impound Lot Supervisor, said she was concerned about privatizing the Impound Lot. She said theft was a problem and all impounded vehicles were escorted into the lot. She said the $5 rate increase proposed by the employees would cost the consumer less than privatizing the operation. She said several comparable cities were contacted. She said the majority of those cities operated their own impound lot. She said she was concerned how narcotics and other police evidence would be handled if the operation was privatized. She said the Impound Lot paid for itself and still made thousands of dollars in revenue. Clarence Trambley submitted written comments supporting an Olympic Park. UNFINISHED BUSINESS #1. RE: Adopting an ordinance repealing and re-enacting Chapter 2.72 of the Salt Lake City Code, relating to the Police Civilian Review Board; and amending Section 2.08.090 of the Salt Lake City Code, relating to the Police Department. ACTION: Councilmember Love moved and Councilmember Lambert seconded to adopt Ordinance 45 of 2002, which motion carried, all members voted aye. (See File M 02-4 for discussion) . (0 97-23) #2. RE: Adopting a resolution authorizing a grant from Salt Lake City's Housing Match Fund of the Community Development Block Grant (CDBG) Program to Valley Mental Health for the Safe Haven II Project. View Attachment ACTION: Councilmember Christensen moved and Councilmember Saxton seconded to adopt Resolution 33 of 2002, which motion carried, all members voted aye. 02 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DUNE 18 , 2002 (R 02-10) #3. RE: Adopting an ordinance transferring the urban forestry and street sweeping programs from the Refuse Fund to the General Fund, as well as proposed reductions in the refuse fees pursuant to such transfer and offsetting increase in General Fund property tax. ACTION: Councilmember Christensen moved and Councilmember Jergensen seconded to adopt Ordinance 28 of 2002, which motion carried, all members voted aye, except Councilmember Saxton who voted nay. DISCUSSION: Councilmember Lambert said he was concerned taxpayers had not received sufficient notice to respond to the proposal. He said he felt the proposal was equitable and allowed funds to be managed more appropriately. Councilmember Saxton said she viewed the proposal as a tax increase. She said City services were already subsidized by business taxes. She said she was concerned about shifting this tax burden to businesses when they were already struggling. She said she felt this decision would hurt the community and the City could lose thousands of dollars in business donations. Councilmember Buhler said the proposal would reduce resident garbage fees by $39 per container. He said he was concerned about the City's habit of imposing user fees which were really taxes. He said user fees could not be claimed as a tax deduction. He said he did not want to impose the tax but felt the Mayor's recommendation was fair and equitable. He said the proposal was revenue neutral to the City. (0 02-27) #4. RE: Adopting an ordinance amending Salt Lake City Ordinance No. 32 of 2001, which approved, ratified and finalized the biennial budget of Salt Lake City, Utah, including the employment staffing document, for Fiscal Years beginning July 1, 2001 and ending June 30, 2002 and beginning July 1, 2002 and ending June 30, 2003. (Budget Amendment No. 7) See File M 02-4 for discussion. View Attachment (B 02-1) ACTION: Councilmember Christensen moved and Councilmember Turner seconded to adopt Ordinance 30 of 2002, approving Salt Lake City' s fiscal year 2002-2003 budget, excluding the budget for the Library Fund which was separately adopted, the employment staffing document, all compensation plans and Memorandum of Understandings, and the Council Legislative Intent Statements, which motion carried, all members voted aye. a. Adopting Ordinance 31 of 2002, approving a 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, which shall become effective on proper ratification and signature, or an ordinance implementing a compensation plan. (0 02-14) b. Adopting Ordinance 32 of 2002, approving a 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, which shall become effective on proper ratification and signature, or an ordinance implementing a compensation plan. (0 02-15) c. Adopting Ordinance 33 of 2002, approving the Compensation Plan for "300 and 600 02 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DUNE 18 , 2002 Series" employees of Salt Lake City. (Professional employees) (0 02-16) d. Adopting Ordinance 34 of 2002, approving a Memorandum of Understanding between Salt Lake City Corporation and Local 1645 of the International Association of Firefighters representing the "400 Series" City employees, which shall become effective on proper ratification and signature, or an ordinance implementing a compensation plan. (0 02-17) e. Adopting Ordinance 35 of 2002, appropriating necessary funds to implement, for fiscal year 2002-2003, the provisions of the Memorandum of Understanding between the City and the Salt Lake Police Association, International Union of Police Associations, Local 75, AFL-CIO, representing the "500 Series" City employees dated on or about July 1, 2001. (0 01-10) f. Adopting Ordinance 36 of 2002, approving the Compensation Plan for "700 Series" employees of Salt Lake City. (Regular part-time employees who perform essentially the same duties of employees classified by the City as 100 and 200 Series employees and work twenty or more but less than forty hours a week. ) (0 02-18) g. Adopting Ordinance 37 of 2002, approving the Compensation Plan for "800 Series" employees of Salt Lake City. (Employees covered by this plan shall be full-time sergeants, lieutenants and captains in the City' s Police Department classified as 800 Series City employees. ) (0 02-19) h. Adopting Ordinance 38 of 2002, approving the Compensation Plan for "900 Series" employees of Salt Lake City. (Employees covered by this plan shall be full-time City employees classified as 900 Series exempt Fire Department employees. ) (0 02-20) i. Adopting Ordinance 39 of 2002, approving the Compensation Plan for Executive Employees and Elected Officials of Salt Lake City. (0 02-21) j . Adopting Ordinance 40 of 2002, approving a Compensation Plan for Non-Classified City Employees. (0 02-22) Legislative Intent Statements: 1. Funding of Governmental Immunity Reserves - It is the intent of the City Council to support the Administration' s proposal to accumulate a reserve in the Governmental Immunity Fund equal to three times the rolling average claim payout. (Attorney) 2. Encourage Safety and Accountability - It is the intent of the City Council that the Administration considers adding more departmental accountability to the City's loss control program that encourages and promotes safety. It is also the intent of the City Council that the Council be provided with periodic reports on losses by departments. (Attorney) 3. Home-Buyer Incentive Program - It is the intent of the City Council that a proposal be prepared and submitted to the Council for consideration regarding the development and implementation of a home-buyer incentive program for City employees 02 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DUNE 18 , 2002 based on programs offered by other cities and organizations, in collaboration with and in addition to Federal programs or opportunities. (Management Services) 4. Constituent Tracking System - It is the intent of the City Council that the Administration investigates the feasibility of a customer service/work order tracking system. (Management Services) 5. National League of Cities Conference - It is the intent of the City Council that the Administration develops a budget and staffing plan to address the impact of the National League of Cities Conference to be held in Salt Lake City. The plan should be presented to the Council no later than October 2, 2001 and include the City' s host duties, anticipated staffing, benefits associated with hosting the conference, estimated expenses to be incurred by Salt Lake City, a proposal to fund the expenses, and a comparison of anticipated expenses in respect to anticipated revenues. 6. Channel 71 - It is the intent of the City Council that the Administration uses Channel 71 to promote City programs and functions including those events sponsored by other organizations that receive City financial support. More emphasis should be placed on making the promotional segments more dynamic and interesting. Further, it is the intent of the City Council that the Administration explore opportunities for partnering with schools in this endeavor. (Management Services) 7. Water Fund - It is the intent of the City Council that the Department of Public Utilities continues developing secondary water systems for parks and golf courses and considers including a secondary parallel water system in new developments within the Northwest Quadrant. (Public Utilities) 8. Street Reconstruction - It is the intent of the City Council that local street reconstruction be funded within the Capital Improvement Program (CIP) on an annual basis in accordance with the Council's adopted Five-Year CIP Plan. (Management Services) 9. Set Aside Money for Severance Pay - It is the intent of the City Council that the Administration sets aside a portion of severance pay that is estimated to eventually be paid on historical experience or other factors. These moneys should be expensed in the years accrued and recorded as fund liabilities. (Management Services) 10. Biennial Budget Submission - It is the intent of the City Council that the Administration presents a biennial budget that is balanced in both fiscal years using one-time funds for one-time expenses, with no less than nine percent of ongoing General Fund revenues invested annually in the Capital Improvement Program fund. It is further the intent of the City Council to maintain a healthy fund balance of at least 10% of General Fund revenue. Finally, it is the intent of the City Council that the Administration presents comprehensive budget information to the City Council by the first Tuesday in May of the current fiscal year regarding the second fiscal year of a biennial budget. (Management Services) 11. Fiscal Note on Proposed CIP Projects - It is the intent of the City Council that the Administration provides the Council with a fiscal note on proposed capital improvement projects that require additional ongoing operations and maintenance (new parks, additional buildings, etc. ) . (Management Services) 12. Submission Format for Proposed CIP Projects - It is the intent of the City Council that information relating to proposed Capital Improvement Program projects be submitted in a format similar to that of the comprehensive CDBG reports, including all applications, CIP Citizen Board recommendations, and the Mayor's final CIP 02 - 4 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DUNE 18 , 2002 recommendations. (Management Services) 13. CIP Budget - It is the intent of the City Council that the Administration submits the Capital Improvement Program budget at least thirty days in advance of the General Fund budget to allow ample time for review, and to ensure that the Council' s policy of 9% of ongoing revenue is followed. (Management Services) 14. Street Lighting District - It is the intent of the City Council that the Administration briefs the Council regarding the possibility of using accumulated reserves in the street lighting districts for converting assessment districts to the privately-owned streetlight program (at the option of the neighborhood) , for upgrading streetlights to more decorative residential oriented lighting, or for reducing assessments to property owners. (Community and Economic Development) 15. Radio-Reading Water Meter Pilot Program - It is the intent of the City Council that the Administration briefs the Council on the effectiveness of the radio-reading water meter pilot program after approximately 4, 000 hard-to-read meters are replaced with radio reading devices and the Administration calculates the cost versus the benefits of the program including long-term benefits. (Public Utilities) 16. Grant Writing Team - It is the intent of the City Council that the Administration evaluates creating a centralized grant writing function that includes all General Fund employees who perform grant writing duties. (Management Services) 17. Community Education in the Fire Department - It is the intent of the City Council that the Administration explores the feasibility of training non-sworn civilian staff or volunteers to perform community education services to Salt Lake City schools. (Fire Department) 18. Economic Development Corporation of Utah (EDCU) - It is the intent of the City Council that the Administration coordinates with the Economic Development Corporation of Utah to provide semiannual written information to the Council regarding the accomplishments of EDCU that benefits to Salt Lake City. (Community and Economic Development) 19. Impacts of Special Events - It is the intent of the City Council that the Administration explores the feasibility of charging reimbursement fees for the use of police officers or other City services at special events where a fee is being charged to participants, and in other circumstances as appropriate. (Management Services) 20. Golf Program - It is the intent of the City Council that the Administration briefs the Council during a Work Session meeting in September on the marketing plans for the golf program, including the new incentives created during the fiscal year 2001- 02 budget process. (Public Services) 21. Emergency Response Employees - It is the intent of the City Council that the Administration present options to the Council regarding a requirement that, as a condition of employment, any emergency-response personnel hired after August 31, 2001 be required to live within a 10-mile radius of the City & County Building. (Management Services) 22. Semiannual Reports on the Status of Legislative Intent Statements and Action Items - It is the intent of the City Council that the Administration provides semiannual reports regarding the status of all active legislative intent statements (including unresolved statements from previous years and statements adopted outside the official budget process) and all active legislative action items. 02 - 5 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DUNE 18 , 2002 23. Funding of Compensation Liability - It is the intent of the City Council that the Administration work with the Council to begin to accumulate a reserve in a separate fund or account to fund the City' s accrued compensation liability for vacation and other payments that employees may receive upon retirement. Further, it is the Council's intent that the Administration provide estimates on the potential annual financial impact for the next ten or more years. 24. Retirement Payouts - It is the intent of the City Council that the Administration consistently budget for payments of vacation leave and other retirement payouts. The Administration should consider budgeting for these payments in a separate fund or account rather than requiring departments to leave positions vacant or otherwise make cuts in operations to finance these payments. 25. Overtime within the Police Department - It is the intent of the City Council that the Police Department make every effort to keep within its overtime budget ($716,000 for fiscal year 2002-2003) and submit a written report to the Council quarterly on actual overtime incurred and steps taken to reduce reliance on overtime. Specifically, the Council requests that the Administration complete a detailed analysis on approaches to reduce overtime. This analysis should include but not be limited to: a. All options to reduce the number of vacant positions (i.e. hiring officers more frequently; b. All options of workforce scheduling; c. Opportunities to anticipate and accommodate the natural and consistent level of turnover that occurs in the initial months after hiring (including the potential to train more officers than the actual number of positions available) ; d. Ways in which the Legislative Branch could help address the issue, including the potential of adding positions to allow the Police Department to take approaches as outlined in item "c" above. e. The extent to which the Police Department believes it is beneficial to use overtime in place of regular full-time employees in order to manage costs (expenses for cars, equipment, benefits vs. overtime pay) f. The extent to which holding positions open and using overtime could have a service level impact or policy impact. 26. Overtime within the Fire Department - It is the intent of the City Council that the Fire Department continue to take measures to reduce the reliance on overtime and submit quarterly reports to the Council outlining total amount spent for constant staffing at a straight-time rate and amount spent at an overtime rate. 27. Parking Meter Collection - It is the intent of the City Council that the Administration consider collecting parking meter revenue using bonded agencies or employees rather than paying overtime rates. 28. Volunteers - It is the intent of the City Council that the Administration investigates ways to expand the use of volunteers and/or retired personnel for providing City services. 29. Process Service - It is the intent of the City Council that the Department of Management Services investigates or tests the service of documents using mail similar to the success reported by the City Prosecutor. 30. Grant Writing Team - It is the intent of the City Council that the Administration completes the centralization of the grant writing function by transferring any remaining grant writer positions to the central team in the Department of Management Services. Further, it is the Council' s intent that the Administration provide a 02 — 6 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DUNE 18 , 2002 quarterly report on the grants submitted and grants received. 31. Grant Monitoring - It is the intent of the City Council that the Administration confirm that the grant application and the grant monitoring/management function are appropriately separated in different divisions, to ensure that the grant monitoring and management is conducted by individuals other than those submitting the grants. Further, it is the Council's intent that all grants and requests for funding be tracked in a central location to ensure that the requests are consistent with the City's policies, and to ensure that the applications are submitted in a manner that leaves the City maximum flexibility in determining how the grants will be used. Further, it is the Council' s intent that the Administration provide a quarterly accounting of grant monies received and the specific manner in which they were spent. 32. Economic Development Promotion - It is the intent of the City Council that the Administration coordinate economic promotion with other entities that provide these services. The Council requests a written report on the overall economic development activities including the Economic Development Corporation of Utah (EDCU) , the State Department of Community and Economic Development, the Salt Lake Chamber of Commerce, the Downtown Alliance and the City's Department of Community and Economic Development. The Council urges the Administration to review the funding formula and staffing needs of the EDCU and report the findings to the Council. 33. Impacts of Special Events - It is the intent of the City Council that the Administration continue to explore the feasibility of charging reimbursement fees for the use of police officers or other City services at special events where a fee is being charged to participants and in other circumstances as appropriate. The Council requests a quarterly report listing special events approved by the City, including police and other City services that are provided. The listing should include: a. Services provided for which a fee was charged, and the amount of the fee; b. The actual cost of the service to the City; c. Services provided for which no fee was charged; d. Other relevant information. Further, the Council requests a listing of special City services provided for events that do not require a permit, including large gatherings at established venues. In approving this Legislative Intent the Council is not expressing opposition to special events, but is seeking more information with which to consider policy options. 34. Speed Boards - It is the intent of the City Council that all seven speed boards be placed on City streets at least five days per week from 6:30 a.m. to 7:30 p.m. (except when boards are out of service waiting for parts or otherwise not available) . It is the intent of the Council that the Administration consider contracting for this service. 35. Privatization of the City' s Impound Lot Operations - It is the intent of the City Council that the request for proposals to privatize the impound lot operations be broad enough to allow existing employees to independently of the City, bid as a group, if they so desire. 36. Engineering Costs - It is the intent of the City Council that the cost of engineers and architects within the Department of Public Services be more fully allocated to capital improvement projects. The Council requests that the Administration provide a quarterly report to the Council regarding the costs that were allocated compared to total costs. #5. RE: Adopting an ordinance amending Salt Lake City Ordinance No. 43 of 02 - 7 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DUNE 18 , 2002 2001, which adopted the rate of tax levy upon all real and personal property within Salt Lake City made taxable by law for the fiscal years 2001-2002 and 2002-2003. ACTION: Councilmember Christensen moved and Councilmember Jergensen seconded to adopt Ordinance 41 of 2002, establishing Salt Lake City' s certified property tax rate upon all real and personal property within Salt Lake City made taxable by law for fiscal year commencing July 1, 2002 and ending June 30, 2003, including judgment levies, as follows: 1)General Fund: .003911 (certified rate with Urban Forestry/Street Sweeping) , 2)Library Fund: .000755, 3)General Obligation Bonds for Block 37: .000546, 4) Judgment Levies: General Property - .000043, G.O. Property - .000006, and Library - .000006, which motion carried, all members voted aye, except Councilmember Saxton who voted nay. DISCUSSION: Councilmember Saxton asked if the forestry property tax increase was included. Councilmember Buhler said yes. He said a truth-in-taxation hearing would be scheduled for August 7, 2002. (0 02-24) #6. RE: Adopting an ordinance amending Section 12.56.210, Salt Lake City Code, relating to parking meters special use conditions and fees; and amending Section 14.12.130 relating to removal of parking meters. ACTION: Councilmember Jergensen moved and Councilmember Love seconded to adopt Ordinance 42 of 2002, which motion carried, all members voted aye. DISCUSSION: Councilmember Saxton said this issue dealt with the Administration' s insight for increasing bagged meter fees. She said a mechanism was needed to reimburse businesses which were adversely affected with street closures. She said any gains the City received from closures needed to be given to those businesses. Councilmember Christensen said he understood applicants were subject to a $50 per day fee. Ms. Gust-Jenson said that was correct. She said the fee was designed to minimize user impact on the area. Councilmember Christensen said he felt this was an issue the City needed to monitor. He said he was concerned about the fee becoming a deterrent when construction projects required more than a year to complete. Councilmember Buhler asked about the budget impact if the item was not passed. Mr. Sears said the City would lose $100,000 in projected revenue. Councilmember Saxton said bagged meters were an inconvenience to the public and there needed to be a substantial cost associated with the permit. She said meters where bagged for extended periods of time even when the space was not being used. Councilmember Jergensen said if the City was concerned about parking, the issues relating to bagged meters needed to be addressed. (0 02-23) #7. RE: Adopting an ordinance enacting Section 12.56.325, Salt Lake City Code, relating to loading zones and restricted parking - special use conditions and fees. ACTION: Councilmember Love moved and Councilmember Turner seconded to adopt Ordinance 43 of 2002, which motion carried, all members voted aye. (0 02-25) #8. RE: Adopting an ordinance adopting the final budget for the Library Fund of Salt Lake City, Utah for fiscal year 2002-2003. 02 - 8 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 18 , 2002 ACTION: Councilmember Turner moved and Councilmember Saxton seconded to adopt Ordinance 44 of 2002, which motion carried, all members voted aye. (B 02-3) CONSENT ACTION: Councilmember Jergensen moved and Councilmember Christensen seconded to approve the Consent Agenda, which motion carried, all members voted aye. #1. RE: Approving the re-appointment of Tony Caputo to the Business Advisory Board for a term extending through December 26, 2005. (I 02-16) The meeting adjourned at 8:28 p.m. sc 02 - 9