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06/21/2005 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DUNE 21, 2005 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, June 21, 2005, 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 Nancy Saxton Jill Remington Love Eric Jergensen Dave Buhler Dale Lambert Mayor Ross C. "Rocky" Anderson; Rocky Fluhart, Deputy Mayor; Cindy Gust-Jenson, Executive Council Director; Edwin Rutan, City Attorney; Lynn Pace, Deputy City Attorney; and Scott Crandall, Deputy City Recorder; were present. Councilmember Lambert presided at and Councilmember Saxton conducted the meeting. #1. The Council led the Pledge of Allegiance. #2. Councilmember Jergensen moved and Councilmember Christensen seconded to approve the minutes of the Salt Lake City Council meeting held June 9, 2005, which motion carried, all members voted aye. View Minutes COMMENTS TO THE CITY COUNCIL Douglas Cotant said a skateboard park could be created on the vacant lot adjacent to the Royal Eatery to discourage kids from skating on City streets. The following people spoke or submitted written comments concerning infill housing: Sydney Fonnesbeck, Jill Mortensen, Cheryl Cook, Christian Fonnesbeck, and Ervin Horrocks. Comments included saving neighborhoods from demolition, Avenues down zone, misleading information, remodels, structure limitation, landscaping, maintain neighborhood charm, lost values, and restoring temporary regulations. NEW BUSINESS #1. RE: Adopting a motion/legislative action item requesting that the Planning Division review the City' s ordinances relating to infill housing. View Attachment Councilmember Love moved and Councilmember Jergensen seconded to adopt the Legislative Action Item. Councilmember Love said the proposed action did not stop current zoning. She said the Planning Department was being asked to review issues discussed by the Council during the past two weeks. She said the Council was aware of loopholes in the zoning ordinance which allowed permitted remodel demolitions and larger homes to be built. She asked the Council Chair/Vice Chair to agenda the item for discussion at a work session meeting. She said she did not want this to be a three year process like Yalecrest. She said she was concerned the current economic building boom could cause serious damage to City neighborhoods. She said the Council could discuss hiring an infill planning consultant to help the Planning Department address the issue more quickly. Councilmember Jergensen said temporary regulations were not successful and hoped the legislative action could be handled quickly. He said he agreed a consultant would be helpful. He said this issue was being discussed nationally and felt information 05 - 87 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DUNE 21 , 2005 was available to help the City. Councilmember Jergensen said there were continuing concerns about proposed developments and waiting too long could create serious problems throughout the City and particularly in the Avenues and Capital Hill neighborhoods. He said he hoped the Administration would expedite the process to preserve neighborhoods and citizen's property rights. He said citizens depended on the City to achieve a balance between redevelopment/remodeling projects and adjacent residents. Councilmember Buhler said he supported the legislative action proposed by Councilmember Christensen. He said the Yalecrest proposal which took approximately five years to develop, would come to the Council in July, 2005. He said he felt the proposal contained good concepts which he hoped could be appropriately adapted elsewhere in the City. He said he believed this issue was essentially about property rights. He said construction which was completely out of character with the rest of the street devalued property values of surrounding residents who did not have a say in the matter. He said the proposed action was an effort to achieve the right balance. He said he hoped the Administration could expedite a proposal the Council could adopt which would benefit the entire City. Councilmember Lambert said he supported the legislative action and felt neighborhood preservation was a core value of the City. He said he would support much of the proposed legislation if the Council could designate neighborhoods or zoning districts which needed it the most as opposed to the entire City. He said he was concerned about inconsistency between demolitions in large remodels. He said he would schedule the issue for a work session and wanted the subcommittee to prepare recommendations for the entire Council to consider. Councilmember Christensen said he supported the proposed action. He said even though he opposed the temporary ordinance he recognized there were issues which needed to be addressed. He said neighborhoods would be impacted differently and City ordinances needed to be amended. He said even though there was urgency to produce a final product, he did not want the City to forsake the professional community who had similar concerns and could provide valuable input/options. He said this was a complicated issue and he supported hiring outside help. He said the public needed to be given an opportunity to provide input. He said he hoped this would not be a lengthy process and a proposal would be available in a reasonable timeframe. Councilmember Turner said even though west-side neighborhoods had different issues there were City-wide implications. He said there were loopholes in the first attempt to address the issue. He said citizens needed to be notified so they could provide input about their immediate neighborhoods. He said he supported the legislative action and agreed the Council needed to consider outside assistance. Councilmember Saxton said East Central worked hard on a conservation district plan because of infill issues. She said incompatible infill violated the quality of life and character of neighborhoods. She said she felt the work that had been done regarding the Yalecrest community would open up possibilities for neighborhoods like Central City. Councilmember Saxton said she supported some minor changes she believed were appropriate in historical districts. She said she was concerned about the percentage allowed for inline additions when there was almost no sideyard. She said she felt setbacks required for new development needed to be honored for historic districts and neighborhoods with smaller homes, when additions were made. She said she wanted to encourage the Administration to work towards a quick resolution to ensure homes were 05 - 88 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DUNE 21, 2005 built on good policy and not on holes in the City's ordinances. She said she supported hiring a consultant if that was needed. Councilmember Saxton called for the question, which motion carried, all members voted aye. (G 05-14) UNFINISHED BUSINESS #1. RE: Adopting a resolution adopting the budget of the Municipal Building Authority (MBA) of Salt Lake City for Fiscal Year 2005-2006. Councilmember Lambert moved and Councilmember Turner seconded to recess as the City Council and convene as the Municipal Building Authority, which motion carried, all members voted aye. Councilmember Christensen moved and Councilmember Turner seconded to adopt Resolution 41 of 2005, which motion carried, all members voted aye. Councilmember Love moved and Councilmember Lambert seconded to recess as the Municipal Building Authority and reconvene as the City Council, which motion carried, all members voted aye. (B 05-2) #2. RE: Adopting an ordinance adopting the final budget, excluding the tentative budget of the Library fund, which is separately adopted, and the employment staffing document of Salt Lake City, Utah for Fiscal Year 2005-2006 (Items 1-17) . View Attachment Councilmember Lambert moved and Councilmember Buhler seconded to adopt Ordinances 26- 36 of 2005 approving, Salt Lake City' s Fiscal Year 2005-2006 budget according to the attached schedule, the employment staffing document, all compensation plans and Memorandum of Understandings, with the following conditions: 1) funding for Economic Development Corporation of Utah (EDCU) be contingent upon EDCU obtaining the recruitment contract from the State of Utah, 2) funding for the local lobbyist be contingent upon the Council's advanced approval of the selection of the lobbyist and of items to be lobbied, 3) funding for the national lobbyist will be contingent upon the Council's advanced approval of the items to be lobbied, and 4) all funding for additional police officers be directed to residential neighborhood patrol and/or residential neighborhood traffic enforcement, which motion carried, all members voted aye. (B 05-1) #3. RE: Adopting Ordinance 27 of 2005 approving the compensation plan for "Executive Employees and Elected Officials". (0 05-13) #4. RE: Adopting Ordinance 28 of 2005 appropriating necessary funds to implement for Fiscal Year 2005-2006, 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 July 1, 2005. (0 05-4) #5. RE: Adopting Ordinance 29 of 2005 appropriating necessary funds to implement for Fiscal Year 2005-2006, the provisions of the Memorandum of Understanding 05 - 89 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DUNE 21 , 2005 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 July 1, 2005. (0 05-5) #6. RE: Adopting Ordinance 30 of 2005 approving a compensation plan for "300 and 600 Series" employees. (0 05-6) #7. RE: Adopting Ordinance 31 of 2005 appropriating necessary funds to implement, for Fiscal Year 2005-2006, the provisions of the Memorandum of Understanding between Salt Lake City Corporation and Local 1645 of the International Association of Firefighter, representing the "400 Series" City employees, dated on or about June 17, 2005. (0 04-8) #8. RE: Adopting Ordinance 32 of 2005 appropriating necessary funds to implement for Fiscal Year 2005-2006, the provisions of the Memorandum of Understanding between Salt Lake City Corporation and The Salt Lake Police Association, Local 75 AFL- CIO representing the "500 Series" City employees, dated on or about June 17, 2005. (0 04-9) #9. RE: Adopting Ordinance 33 of 2005 approving a compensation plan for "800 Series" employees. (0 05-7) #10. RE: Adopting Ordinance 34 of 2005 approving a compensation plan for "900 Series" employees. (0 05-8) #11. RE: Adopting Ordinance 35 of 2005 approving a compensation plan for "Un- classified" employees. (0 05-9) #12. RE: Adopting Ordinance 36 of 2005 approving a compensation plan for "Regular Part-time" employees. (0 05-10) #13. RE: Adopting an ordinance amending Chapter 15.24 of the Salt Lake City Code, relating to cemeteries. Councilmember Christensen moved and Councilmember Love seconded to adopt Ordinance 37 of 2005. Councilmember Christensen said the Council recognized fees needed to be competitive but the full cost of the cemetery was not being covered. He said a long- term capital/operation plan was needed. He said the cemetery was a historical component of the City and required proper maintenance. Councilmember Saxton called for the question, which motion carried, all members voted aye. (0 05-11) #14. RE: Adopting an ordinance amending Chapter 21A. 64 of the Salt Lake City Code, pertaining to zoning fees. 05 - 90 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DUNE 21, 2005 Councilmember Lambert moved and Councilmember Love seconded to adopt Ordinance 38 of 2005, which motion carried, all members voted aye. (0 05-12) #15. RE: Adopting an ordinance amending Section 12 .56.170 of the Salt Lake City Code, relating to parking meter rates. Councilmember Love moved and Councilmember Christensen seconded to adopt Ordinance 39 of 2005. Councilmember Jergensen said he felt it was counterproductive to raise rates if the City was moving toward a policy/practice of not charging fees at certain locations or during certain times. He said he hoped other options would be considered because parking fees were a significant part of the City' s general fund revenue. He said if the City continued to collect fees they needed to be allocated to the downtown area to address business district needs. Councilmember Saxton said she felt a larger message was being sent and would oppose the motion. She said she felt other cuts could have been made if the Council had addressed the issue earlier in the process. Councilmember Saxton called for the question, which motion carried, all members voted aye except Councilmember Saxton, who voted nay. (0 05-14) #16. RE: Adopting an ordinance adopting the rate of tax levy upon all real and personal property within Salt Lake City made taxable by law for Fiscal Year 2005- 2006. Councilmember Buhler moved and Councilmember Lambert seconded to make a motion relating to the General Fund, that the Council forgo imposing a judgment levy and instead transfer approximately $338, 000 from Fund Balance to cover what would have been covered by a judgment levy. Councilmember Buhler said the judgment levy was a mechanism which allowed property owners to protest their property tax. He said if they were successful, they did not have to pay the total amount of their assessment. He said taxing entities had a way to recover lost revenue on a one-time basis by putting a judgment levy on all other properties. He said the City could adopt the judgment levy or use one-time money from the general fund to cover the expense. He said if fund balance was not available the City would have to impose the judgment levy. He said the City worked diligently to create a healthy fund balance and he preferred to use that money rather than impose an additional burden on taxpayers. Councilmember Saxton said she was concerned about using one-time money to balance the budget and would vote against the motion. She said the City provided excellent services and residents she spoke with wanted the City to maintain that standard. She said the Council had worked hard to avoid cutting services and maintain the Capital Improvement Program (CIP) . Councilmember Saxton said in order to maintain high service levels the public needed to be informed that they would have to pay the cost for those services. She said no one wanted to increase taxes but the Council could not continue to rely on fund balance because there were so many ongoing needs. Councilmember Buhler said he wanted to clarify that the motion was not to use 05 - 91 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DUNE 21, 2005 one-time money to balance the budget. He said the Council was using one-time money from fund balance to cover a one-time expense. Councilmember Saxton called for the question, which motion carried, all members voted aye, except Council Members Saxton and Turner who voted nay. #16a - Judgment Levies. Councilmember Love moved and Councilmember Christensen seconded to adopt Ordinance 40 of 2005 establishing Salt Lake City's repayment of court ordered judgments made taxable by law for the fiscal year commencing July 1, 2005 and ending June 30, 2006, as follows: General Obligation Bonds: 0.000004 and Library Fund: 0.000007, which motion carried, all members voted aye, except Councilmember Buhler who voted nay. #16b - Tax Levy. Councilmember Jergensen moved and Councilmember Christensen seconded to adopt Ordinance 41 of 2005 establishing Salt Lake City' s certified property tax rate upon all real and personal property within Salt Lake City made taxable by law for the fiscal year commencing July 1, 2005 and ending June 30, 2006 including judgment levies as follows: General Fund: 0.003866, Library Fund: 0.000869, General Obligation Bonds: 0.000622 and Judgment Levies as previously adopted in Item F-16a, which motion carried, all members voted aye. (B 05-6) #17. RE: Adopting an ordinance adopting the final budget for the Library Fund of Salt Lake City, Utah for Fiscal Year 2005-2006. Councilmember Jergensen moved and Councilmember Turner seconded to adopt Ordinance 42 of 2005. Councilmember Buhler asked if the motion included the changes proposed by Nancy Tessman, Library Director, concerning how they would cover the property tax shortfall. Councilmember Jergensen said yes. Councilmember Saxton said she opposed the motion. She said due to the shortfall, she preferred to use funds which were being saved for library branch expansion instead of imposing a levy. Councilmember Saxton called for the question, which motion carried, all members voted aye, except Councilmember Saxton, who voted nay. (B 05-3) #18. RE: Adopting a motion approving the City Council' s Legislative Intent Statements for Fiscal Year 2005-2006. View Attachment Councilmember Christensen moved and Councilmember Jergensen seconded to adopt Legislative Intent Statements for Fiscal Year 2005-2006, which motion carried, all members voted aye. (B 05-1) #19. RE: Adopting resolutions pertaining to the following contributions and funds: View Attachment Councilmember Christensen moved and Councilmember Turner seconded to adopt resolutions 19a-19f, accepting the studies relating to Salt Lake City contributions to non-profit organizations, Housing Trust Fund Budget, and Small Business Revolving Loan Fund Budget, which motion carried, all members voted aye. 05 - 92 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DUNE 21, 2005 a. Adopting Resolution 42 of 2005 accepting the study performed in compliance with the Utah Code Section 10-8-2, and authorizing a proposed budget appropriation for a contribution of $8, 000,000 to the Salt Palace renovation for Fiscal Year 2005-06; (R 05-5) b. Adopting Resolution 43 of 2005 accepting the study performed in compliance with the Utah Code Section 10-8-2, and authorizing a proposed budget appropriation for a contribution of $64, 000 to the Road Home for emergency winter overflow shelter for Fiscal Year 2005-06; (R 05-6) c. Adopting Resolution 44 of 2005 accepting the study performed in compliance with the Utah Code Section 10-8-2, and authorizing a proposed budget appropriation for a contribution of $15,000 to the Downtown Alliance for "First Night" celebrations for Fiscal Year 2005-06; (R 05-7) d. Adopting Resolution 45 of 2005 accepting the study performed in compliance with the Utah Code Section 10-8-2, and authorizing a proposed budget appropriation for a contribution of $118,000 to the Salt Lake City Housing Authority for transitional housing for Fiscal Year 2005-06; (R 05-8) e. Adopting Resolution 46 of 2005 accepting the study performed in compliance with the Utah Code Section 10-8-2, and amending the criteria upon which loans from the Small Business Revolving Loan Fund may be made during Fiscal Year 2005-06 and approving a proposed budget appropriation for the Small Business Revolving Loan Fund for Fiscal Year 2005-06; and (R 05-9) f. Adopting Resolution 47 of 2005 accepting the study performed in compliance with the Utah Code Section 10-8-2, and establishing criteria upon which loans from the Housing Trust Fund may be made during Fiscal Year 2005-06 and approving a proposed budget appropriation for the Housing Trust Fund for Fiscal Year 2005-06. (R 05-10) Councilmember Lambert said he wanted to make a clarification regarding the restriction on funding for additional police officers for residential neighborhood patrol and/or residential neighborhood traffic enforcement. He said that was not meant to prohibit officers from being in City parks. Councilmember Saxton said she had another preference concerning the budget. She said the City had ongoing needs and she was concerned about CIP dropping every year. She said she was willing to reduce the amount of new officers to five, continue pay increases for employees, and maintain CIP at 7%. Mayor Anderson said the Administration understood the Council' s intent regarding the use of the new police officers but he did not believe the Council could designate exactly where those officers would be utilized. Discussion was held about the Council's authority to place conditions on the budget or just express intent. Some Council Members expressed strong feelings that this was not a legislative intent but that the Council did have the authority to direct appropriations. Ms. Gust-Jenson said based on previous legal advice she understand the Council had the right to make contingent appropriations based on the Council's 05 - 93 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 21 , 2005 budget authority. The Council asked the Attorney's Office for clarification. Mr. Rutan said his office would review the matter and prepare a legal opinion. Ms. Gust-Jenson said the budget needed to be adopted and suggested the Council clarify the contingent appropriations. Councilmember Christensen said for the record the Council could vote to reaffirm the motion with the understanding that expenditures were contingent on the four conditional items being met. Councilmember Lambert moved and Councilmember Love seconded to reaffirm the original motion with the additional explanation that the limitation for residential patrol and/or residential neighborhood traffic enforcement was meant to include patrol which included City streets, including downtown and parks, which motion carried, all members voted aye. #20. RE: Requesting that the Administration hold a hearing at 7:00 p.m. on July 5, 2005 regarding the lease of City-owned property (located at 2005 West 500 South Street) to Real Salt Lake, for a Major-League Soccer practice facility. View Attachment Councilmember Jergensen moved and Councilmember Turner seconded to not call for a hearing, which motion carried, all members voted aye. (W 05-4) #21. RE: Adopting a resolution authorizing the approval of an interlocal agreement regarding financing for the expansion of the Salt Palace Convention Center between Salt Lake City Corporation and the Salt Lake City Redevelopment Agency (RDA) . View Attachment Councilmember Buhler moved and Councilmember Jergensen seconded to adopt Resolution 48 of 2005. Councilmember Buhler said he felt a fair agreement was developed and the project would be a major improvement for downtown and have a positive impact on the City and the entire State. Councilmember Saxton said she felt it was important for the public to understand the importance of the Salt Palace and how it impacted the entire State. She said this was a worthwhile project which provided a lot of benefits and needed continued support. Councilmember Saxton called for the question, which motion carried, all members voted aye. (C 05-381) CONSENT AGENDA #1. RE: Requesting that the Administration not hold a hearing at 5:00 p.m. on July 5, 2005 regarding a request to exchange roadway easements to allow for development of nearby homes, and to maintain access to public utilities facilities. View Attachment (W 05-4) #2. RE: Adopting a motion expressing the Council' s approval of the proposed Neighborhood Olympic Legacy project for City Council District Seven. View Attachment 05 - 94 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 21 , 2005 (G 05-17) #3. RE: Setting the date of July 12, 2005 at 7:00 p.m. to accept public comment and consider adopting an ordinance adopting Section 21A.34.120 of the Salt Lake City Code relating to the Yalecrest Compatible Infill Overlay District pursuant to Petition No. 400-02-34. (P 05-13) #4. RE: Approving the appointment of David L. Mansell to the Housing Authority for a term extending through October 27, 2007. (I 05-9) Councilmember Lambert moved and Councilmember Love seconded to adopt the Consent Agenda, which motion carried, all members voted aye. The meeting adjourned at 8:09 p.m. sc 05 - 95