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06/24/2003 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DUNE 24 , 2003 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, June 24, 2003 at 8:51 p.m. in Room 326, City Council Office, 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; Edwin Rutan, City Attorney; and Beverly Jones, Deputy City Recorder, were present. Councilmember Christensen presided at and conducted the meeting. #1. Councilmember Turner moved and Councilmember Jergensen seconded to approve the minutes of the Salt Lake City Council meetings held May 27 and June 3, 2003, which motion carried, all members voted aye. (M 03-1) UNFINISHED BUSINESS #1. RE: Adopting an ordinance adopting the proposed rate of tax levy upon all real and personal property within Salt Lake City made taxable by law for Fiscal Year 2003-2004. DISCUSSION: Councilmember Buhler said this would set the property tax rates as required by State law. He said it was a difficult tax for government because the rate was set based on what the City expected to collect. He said he had trouble supporting judgment levies. He said the State Tax Commission often assessed property at a higher value than could be upheld when challenged in court. He said a property owner would appeal the tax, the Tax Commission would reverse the amount and the money expected by the City was not collected. ACTION: Councilmember Buhler moved and Councilmember Turner seconded to adopt Ordinance 32 of 2003 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, 2003 and ending June 30, 2004, including judgment levies as follows: 1) General Fund: .004024 (certified rate) ; 2) Library Fund: .000777; 3) General Obligation Bonds for Block 37: .000585; 4) Judgment Levies - General Property: .000055; General Obligation Property; .000008; Library: .000009, which motion carried, all members voted aye. (B 03-6) #2. RE: Adopting an ordinance approving Salt Lake City' s revised tentative budget for fiscal year 2003-2004, including Item 2A thru J, the employment staffing document, all compensation plans, memorandum of understandings, and the Council' s Legislative Intent Statements, and excluding the budget for the Library Fund which is separately adopted. (B 03-1) a) Adopting Ordinance 34 of 2003 appropriating necessary funds to implement for Fiscal Year 2003-2004 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, 2002. 03 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DUNE 24 , 2003 (0 02-14) b) Adopting Ordinance 35 of 2003 appropriating necessary funds to implement for Fiscal Year 2003-2004 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 July 1, 2002. (0 02-15) c) Adopting Ordinance 36 of 2003 appropriating necessary funds to implement for Fiscal Year 2003-2004 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 July 1, 2002. (0 02-17) d) Adopting Ordinance 37 of 2003 appropriating necessary funds to implement for Fiscal Year 2003-2004 the provisions of the Memorandum of Understanding between Salt Lake City Corporation 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, 2002. (0 01-10) e) Adopting Ordinance 38 of 2003 approving the Compensation Plan for 600 Series and 300 Series employees. (0 03-12) f) Adopting Ordinance 39 of 2003 approving the Compensation Plan for 800 Series employees. (0 03-13) g) Adopting Ordinance 40 of 2003 approving the Compensation Plan for 900 Series employees. (0 03-14) h) Adopting Ordinance 41 of 2003 approving the Compensation Plan for Un-Classified employees. (0 03-15) i) Adopting Ordinance 42 of 2003 approving the Compensation Plan for Regular Part-Time employees. (0 03-16) j) Adopting Ordinance 43 of 2003 approving the Compensation Plan for Executive Employees and Elected Officials. (0 03-7) LEGISLATIVE INTENT STATEMENTS A) Bonding for Efficient Irrigation Systems for Parks and Golf Courses - It is the intent of the City Council that the Administration investigate the possibility of bonding for improving the water efficiency of some of the City's golf courses, parks and other green space. Efficient systems should include secondary water systems using reclaimed water, springs, shallow ground water, or other water sources. It is the intent of the City Council that the study include the repayment of the bonds through savings in the cost of water including projected future increase to the cost of culinary 03 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DUNE 24 , 2003 water. B) Retirement Payouts - It is the intent of the City Council that the Administration provide to the Council by September 1, 2003 information, options and a recommended plan to budget for payments of vacation leave and other retirement payouts. C) Collection of Fines - It is the intent of the City Council that the Administration report quarterly on the successfulness of its special collection effort. This report is to include quantitative information as well as progress regarding the City' s efforts to work with the State and with collection agencies. The report information is to be separated based on the age of the fine (6 month, 1 year, etc.) per the information available from the Justice Court GEMS computer program. D) Library Fiscal Controls - It is the intent of the City Council that the Library Fund follow all of the ordinances, policies and fiscal controls in place for other City departments. Further, it is the intent of the Council that controls be put in place to require that any transfer of funds between the basic Library budget and the Library contingency and capital funds be approved by the City Council. E) Semiannual Reports on the Status of Legislative Intent Statements and Action Items - It is the intent of the City Council that the Administration provides reports regarding the status of all active legislative intent statements (including unresolved statements from previous years and statements adopted outside of the official budget process) and all active legislative action items. The semiannual reports are to be submitted to the Council Office by January 31 and the first Tuesday in May each year. F) City Policy Coordination - It is the intent of the City Council that the policies adopted by the City Council be noted by Redevelopment Agency of Salt Lake City employees and incorporated in staff reports to the Redevelopment Agency Board of Directors as relevant so that funding decisions remain consistent between the two organizations. G) Revenue Collection - It is the intent of the City Council that the Administration report to the City Council by January 15, 2004 on fiscal year 2003-2004 revenue collections. H) Early Retirement Program - It is the intent of the City Council that the Administration transmit to the City Council by July 31, 2003 options for consideration and recommendations necessary to implement an Early Retirement Program. I) City Employee Benefit Plan Review - It is the intent of the City Council that the Administration and the Citizens Compensation Advisory Committee review the City's Employee Benefit Plans and transmit to the City Council by February 3, 2004 information, comparisons and recommendations for options relating to the benefit package; the Council is particularly interested in options that would reduce the amount of the vacation and personal time payout upon employee retirement or resignation. DISCUSSION: Councilmember Love said she wanted to place a temporary moratorium on traffic calming funds. She said she was not opposed to speed bumps and felt the bumps were effective. She said she wanted to hear the Administration' s response to the audit. She said as speed bumps were placed, problems had been brought to the Council's attention of the way traffic calming was being approached. She said after the Council received feedback, the funds could be released. Councilmember Buhler said traffic was a problem throughout the City. He said District 6 had numerous and valid complaints about people speeding on neighborhood 03 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DUNE 24 , 2003 streets. He agreed with Councilmember Love that there were times when speed bumps were the appropriate response. He said the Council needed to fine-tune program implementation. He said there were issues the Council needed to look at. ACTION: Councilmember Love moved and Councilmember Buhler seconded to enact a moratorium on the Traffic Calming Program until the Council receives a briefing from the Administration on the findings in the Traffic Calming Program audit. In addition to the audit findings, the briefing from the Administration should address the following program criteria: A plan to notify residents and property owners on adjacent streets and neighborhoods to the proposed traffic calming locations and a notification system to solicit formal comment on the proposed project; Impacts on surrounding streets will be factored into the criteria system; A variety or "toolbox" of traffic calming measures and options will be considered for each proposed project location and factored into the criteria system; proposed traffic calming projects will be reviewed by all participating departments to ensure that the proposed measures do not affect ADA ramp and sidewalk access and that additional expenses are not incurred due to the placement of traffic calming measures; and that proposed traffic calming projects would be reviewed to determine their impact on traffic patterns supporting major community destinations such as universities and hospitals, which motion carried, all members voted aye. DISCUSSION: Councilmember Buhler said he would vote against the proposed budget. He said while he understood it was difficult to impose cuts when there was money in fund balance, the fund balance gave the City a false sense of security. He said he was concerned the City was collecting less money than they were spending. He said the City was not taking steps to address that issue. He said the Council would be faced with an even more difficult situation next year. Councilmember Saxton said she would not vote in favor of the budget. She said she was not satisfied with the proposed cuts. She said budget cuts should be made by department heads and she felt the cuts were inappropriately placed. She said she was willing to balance the budget with fund balance. Councilmember Lambert said the City's budget has had a shortfall for two years. He said they had been prudent in building up fund balance. He said he was glad the Council had an opportunity to use it. He said it was important to understand they could not always close the gap with fund balances. He said if the City ended up in the same fiscal condition next year, it would inevitably affect negotiations on future salary increases, the way budgets were formulated and eliminating positions. He said now was the time to look at how structural changes could be made to move closer to a balanced budget. ACTION: Councilmember Love moved and Councilmember Turner seconded to adopt Ordinance 33 of 2003 approving Salt Lake City's revised tentative budget for fiscal year 2003-2004, including Item 2A thru J, the employment staffing document, all compensation plans, memorandum of understandings, and the Council's Legislative Intent Statements, and excluding the budget for the Library Fund which is separately adopted, which motion carried, all members voted aye except Council Members Saxton and Buhler who voted nay. #3. RE: Adopting an ordinance adopting the revised tentative budget for the Library Fund of Salt Lake City, Utah for Fiscal Year 2003-2004. ACTION: Councilmember Lambert moved and Councilmember Buhler seconded to adopt Ordinance 44 of 2003 approving the revised tentative budget for the Library Fund of Salt Lake City, Utah for fiscal year 2003-2004 with the supplemental proposal attached 03 - 4 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DUNE 24 , 2003 memo, which motion carried, all members voted aye. (B 03-3) #4. RE: Adopting an ordinance enacting Section 14.32.425, Salt Lake City Code, relating to telecommunication right-of-way permits, and establishing annual fees therefore. ACTION: This item failed due to lack of motion. (0 03-17) #5. RE: Adopting an ordinance amending Section 15.16.031 and 15.16.035, Salt Lake City Code, relating to golf course green fees and group reservations. DISCUSSION: Councilmember Buhler said if the golf program was operating as efficiently as it could, prices should be reduced, not increased. He said the golf program continued to refuse to address the issue of providing a discount for residents. He said he would vote against the fee increase. Councilmember Saxton said the City was in the business of serving Salt Lake City residents. She said the City' s golf market was not people who lived outside the City. She said a program run by a municipality should be available to people who paid taxes. She said golf was an enterprise fund and the golf courses needed to operate within the budget they had and generated. She said she would not vote for an increase. Councilmember Christensen said the market did go outside City limits because the bulk of golfers were non-City residents. He said if the City's facilities solely depended upon City residents, the City would not have the facilities. He said he felt the courses needed sufficient revenue to make a marketable product. Councilmember Lambert said half of the proposed increase was for water and capital improvements. He said he would vote for an increase. ACTION: Councilmember Saxton moved and Councilmember Buhler seconded to not adopt an ordinance amending Section 15.16.031 and 15.16.035, Salt Lake City Code, relating to Golf Course Green fees and group reservations, which motion failed, Council Members Buhler and Saxton voted aye and Council Members Christensen, Turner, Jergensen, Love and Lambert voted nay. Councilmember Turner moved and Councilmember Love seconded to adopt Ordinance 45 of 2003, which motion carried, all members voted aye except Council Members Saxton and Buhler who voted nay. (0 99-36) #6. RE: Adopting an ordinance amending Section 12.56.170, Salt Lake City Code, relating to parking meter rates. ACTION: This item failed due to lack of motion. (0 99-11) #7. RE: Adopting an ordinance amending Title 15 of the Salt Lake City Code, relating to parks and recreation fees. ACTION: Councilmember Lambert moved and Councilmember Saxton seconded to adopt Ordinance 46 of 2003, which motion carried, all members voted aye except Councilmember Buhler who voted nay. (0 97-14) 03 - 5 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DUNE 24 , 2003 #8. RE: Adopting a resolution adopting the budget of the Municipal Building Authority of Salt Lake City for Fiscal Year 2003-2004. ACTION: Councilmember Jergensen moved and Councilmember Lambert seconded to recess as the City Council and convene as the Municipal Building Authority, which motion carried, all members voted aye. Councilmember Jergensen moved and Councilmember Turner seconded to adopt Resolution 24 of 2003, which motion carried, all members voted aye. Councilmember Lambert moved and Councilmember Love seconded to adjourn as the Municipal Building Authority and reconvene as the City Council, which motion carried, all members voted aye. (B 03-2) #9. RE: Adopting a legislative action requesting that the Administration re- evaluate the City' s curbside recycling program to include residential areas that do not participate in the City's garbage collection program. DISCUSSION: Councilmember Buhler said he had prepared criteria which he felt would keep the recycling program fair to everyone in the City. He said 1) the street must be a private street adjacent to a public street in a residential area that received garbage pickup. He said this would ensure that pickup locations were within the service provider' s area. He said 2) there needed to be a certain number of residents or a percentage of people on the street that would participate, and 3) residents would be on a common water meter to simplify billing. Rocky Fluhart, Chief Administrative Officer, said he would be happy to look at the concept. He said he felt it would be beneficial if the City could encourage more people to recycle. ACTION: Councilmember Buhler moved and Councilmember Love seconded to adopt the legislative action and refer to the Administration, which motion carried, all members voted aye. (0 02-37) #10. RE: Setting the date of July 8, 2003 at 7:00 p.m. to accept public comment and consider adopting an ordinance rezoning property located at 1341 South State Street from Commercial Corridor (CC) and Moderate Density Multi-Family Residential (RMF-35) to Moderate/High Density Multi-Family Residential (RMF-45) pursuant to Petition No. 400-03-06. (Laurelwood Apartments) View Attachment ACTION: Councilmember Jergensen moved and Councilmember Love seconded to set the date, which motion carried, all members voted aye. (P 03-14) #11. RE: Setting the date of July 8, 2003 at 7:00 p.m. to accept public comment and consider adopting an ordinance enacting new Sections 17.16.092 and 17.16.792, relating to the preparation and implementation of a water shortage contingency plan and related civil fines. View Attachment DISCUSSION: Councilmember Lambert said the public needed sufficient time to become informed about the proposal. He said he supported the proposed ordinance. Councilmember Christensen said the hearing could be continued. Councilmember Lambert said two weeks was enough time if there was a concerted effort to get the word out. 03 - 6 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DUNE 24 , 2003 He said Public Utilities could be asked to do that as well. ACTION: Councilmember Love moved and Councilmember Saxton seconded to set the date, which motion carried, all members voted aye. (0 03-9) CONSENT AGENDA #1. RE: Setting the date of July 1, 2003 at 7:00 p.m. to accept public comment and consider adopting an ordinance enacting Section 14.44.095, Salt Lake City Code, relating to restrictions of railroad horns and whistles on the 900 South rail line. View Attachment (0 01-7) #2. RE: Approving the appointment of Eleanor Louise Muth to the Community Development Advisory Committee for a term extending through July 5, 2004. (I 03-21) #3. RE: Approving the appointment of Teddi Velarde to the Police Civilian Review Board for a term extending through September 1, 2003. (I 03-15) #4. RE: Specifying the correct term dates for the appointment of Mary Lou Gottschall to the City & County Building Conservancy & Use Committee for a term beginning August 8, 2000 and ending July 1, 2004. (I 00-32) ACTION: Councilmember Saxton moved and Councilmember Love seconded to adopt the Consent Agenda, which motion carried, all members voted aye. The meeting adjourned at 9:31 p.m. bj 03 - 7