06/04/2013 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, JUNE 4 , 2013
The City Council of Salt Lake City, Utah, met in Regular Session
on Tuesday, June 4, 2013 at 7 : 04 p.m. in Room 326, Committee Room,
City County Building, 451 South State Street.
The following Council Members were present:
Kyle LaMalfa Jill Remington Love
Soren Simonsen Luke Garrott
Carlton Christensen Charlie Luke Stan Penfold
Cindy Gust-Jenson, Executive Council Director; Edwin Rutan, City
Attorney; David Everitt, Mayor' s Chief of Staff; John Naser, City
Engineer; Marina Scott, City Treasurer; and Cindi Mansell, City
Recorder were present.
Councilmember Simonsen presided at and conducted the meeting.
OPENING CEREMONY
#1 . Pledge of Allegiance .
#2 . 7:05:42 PM Councilmember LaMalfa moved and Councilmember
Penfold seconded to approve the meeting minutes of Tuesday, May 7 ,
2013 Formal Meeting; Tuesday, May 14 , 2013 Work Session; and Tuesday,
May 21 , 2013 Formal Meeting, which motion carried, all members voted
aye . View Attachments
(M 13-3)
PUBLIC HEARINGS
#1 . 7:06:07 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
2013-2013 . This public hearing will address all ordinances associated
with the implementation of the City's 2013-2014 Budget, including the
Library Fund Items Cla-C1r. View Budget Related Ordinances and View
Related City Council Staff Reports
(B 13-1)
a. Ordinance: Adopt the City Budget, excluding the Budget for
the Library Fund which is separately adopted and the Employment
Staffing Document for Fiscal Year 2013-2014 . 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 .
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TUESDAY, JUNE 4 , 2013
(B 13-1)
b. Ordinance: Adopt the Library Fund of Salt Lake City, Utah
An ordinance adopting the budget for the Library Fund for Fiscal
Year 2013-2014 .
(B 13-2)
c. Ordinance: Adopt the Rate of Tax Levy to be credited to the
Library Fund.
(B 13-2)
d. Ordinance: Adopt 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. Ordinance: Approving the Compensation Plan for all Non-
Represented Employees .
(0 13-11)
f. 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. 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. 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 . Ordinance: Appropriating necessary funds to implement, for
Fiscal Year 2013-2014, the provisions of the Memorandum of
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TUESDAY, JUNE 4 , 2013
Understanding (MOU) 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 . Ordinance: Amending the Salt Lake City Consolidated Fee
Schedule to modify various fees included therein.
(0 11-9)
k. Ordinance: Enacting Section 2 . 75 . 040, Salt Lake City Code,
providing for imposition of a fee to offset Attorney' s fees
incurred by the City in Small Claims Matters and proceedings .
(0 13-14)
1 . Ordinance: Enacting Section 3 . 16 . 030, Salt Lake City Code,
providing for imposition of credit card surcharges on financial
transactions involving the use of a credit card.
(0 13-16)
m. Ordinance: Providing for an administrative fee to offset
City costs incurred in the collection process of past due debts .
(0 13-13)
n. Ordinance: Enacting Section 3 . 16 . 040, Salt Lake City Code,
providing for a periodic annual adjustment to the Salt Lake City
Consolidated Fee Schedule and other City charges in accordance
with the Consumer Price Index.
(0 11-9)
o. Ordinance: Enacting Section 3 . 16 . 040, Salt Lake City Code,
providing for the late payment penalties and interest on past due
indebtedness to the City that is more than 30 days past due.
(0 13-15)
p. Ordinance: Enacting Section 12 . 56 . 590, Salt Lake City Code,
relating to parking exemption for certain official vehicles .
(0 13-17)
q. Ordinance: Amending Section 15 . 16 . 020, Salt Lake City Code,
relating to picnic facility reservation fees .
(0 13-18)
r. Ordinance: Amending Section 12 . 96 . 020, Salt Lake City Code,
relating to procedures and fees relating to vehicles with
outstanding parking tickets; Section 12 . 96 . 025, Salt Lake City
Code, relating to towing, impound, storage, and booting fees; and
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Section 12 . 96 . 090, Salt Lake City Code, relating to hearings
concerning impoundment.
(0 10-14)
Councilmember LaMalfa moved and Councilmember Penfold seconded to
continue the public hearing and defer action to a future meeting,
which motion carried, all members voted aye .
POTENTIAL ACTION ITEMS
#1 . 7:07:21 PM Budget Amendment No. 4 for Fiscal Year 2012-2013:
Adopting an ordinance amending Ordinance 60 of 2012, which adopted the
final budget for Fiscal Year 2012-2013 and Ordinance 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.
View Attachments
(B 13-7)
Councilmember LaMalfa moved and Councilmember Luke seconded to
defer action to a future meeting, which motion carried, all members
voted aye .
#2 . 7:09:10 PM Michael Lobb, 1321 South 500 East Zone Amendment:
Adopting an ordinance amending the CN-Neighborhood Commercial zoning of
property located at 1321 South 500 East to remove covenants,
conditions and restrictions (CCRs) linked to zoning of the property.
This would allow the applicant to demolish the existing building and
construct a mixed use residential/office building. Although the
applicant has requested amending the CN-Neighborhood Commercial zoning
to remove the CCRs, consideration may be given to rezoning the
property to another zoning district with similar characteristics .
Petitioner: Michael Lobb; Petition No. PLNPCM2012-00588 . View
Attachments
Councilmember Garrott moved and Councilmember Love seconded to
adopt Ordinance 25 of 2013 amending the zoning of property located at
1321 South 500 East Street to amend the covenants , conditions and
restrictions (CCRs) to include mixed-use as a permitted use which
motion carried, all members voted aye .
(P 13-5)
COMMENTS
#1 . 7:12:35 PM QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL .
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Councilmember LaMalfa requested information about the "Cycle the
City" upcoming event. Mayor Becker shared a brochure for the event on
June 5, 2013 with the idea to acquaint bicyclists to various cycling
opportunities throughout the City. He encouraged everyone to join the
experience .
#2 . 7:15:25 PM COMMENTS TO THE CITY COUNCIL. (Comments are taken
on any item not scheduled for a public hearing, as well as on any
other City business . Comments are limited to two minutes . )
The following spoke for reconsideration against the notice of
contract nonrenewal for Mike Martines (Coach Mike' s Tennis Academy)
for Oak Hills (Dee Glen Smith Tennis Center) : Sharon McGough, Steven
Benjamin, Kathia Dang, Scott Ingram, Bruce Wood, Gabe Smith, Jake
Smith, Braden Smith, Thanh Huynh, Karen Edson, Barbara West, Gloria
Gish, Spencer Marchant, Tim Gonzales, Ellie Carlson, J. Michael
Mattsson, Catherine PapaDakis, Susan Daynes, Jana Spangler, Michelle
Mattsson, Calvin Nelson, Moqui Johnson, Marilyn Rasmussen, Mark May,
Nancy May, Julie Davis, Dwight Marchant, Dominic Heuscher, Cheryl
Nickisch, Nate Smith, Melanie Smith, Genevieve Coleman, Mike Kiser,
Susan Kiser, Robert Udill, Vera Wood, Chris Davison, Ben Wilson, Laura
Clayton, Sallee Assenberg-Keller, Julie Paulos, Bill Paulos, and Karen
Nickolaisen. Comments included: the numerous loyal individuals and
tennis community who felt Coach Mike should retain management of this
facility, offering of affordable yet quality coaches and training,
improvements to the City facility and clean efficient family-like
atmosphere, continual good fiscal management, efficient program
planning, dedicated and cordial staff, raising private funds for
improvements, building a community for tennis, and the potential
unfairness of the procurement/contract award committee/process .
Concern was expressed the facility would be nothing without the
influence of Coach Mike and his program and that one manager could not
successfully manage two different tennis parks . The need for public
involvement was also suggested.
Ameer Cornell said the Adult Dwelling Unit ordinance could not be
used and would not work. He said he has a 100-acre property in Sugar
House that he could not use and consideration should be given to a
change in regulation from placement within mile of the Streetcar.
Mr. Graham said the process of bidding concessions and
professional contracts was a closely controlled process . He said he
understood the community had questions; however, there was not a lot
of publicly shared information because it could be proprietary and the
City was obligated to keep that information not public for a time
until the process was fully completed. He said a protest has been
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filed and there were no negotiations going on until the protest has
been responded to by the City Procurement Officer.
Mr. Rutan said the request for proposal was a public document as
were the evaluation criteria typically set forth in a public way. He
said evaluations were made public once the contract was awarded.
The Council discussed the process utilized to protect the
integrity of the competitive bidding process . Ms . Gust-Jenson
clarified this decision was Administrative and would not come before
the City Council at any time.
(M 13-1)
UNFINISHED BUSINESS
#1 . 8:12:01 PM Adopting two resolutions relating to Parley' s Trail
Phase IV - The Draw and Parley' s Trail through Hidden Hollow Park
Interlocal Agreements with Salt Lake County.
View Attachments
Mr. Naser said the Interlocal Agreements provide for the City-
County coordination requirements, the County' s use of the City right-
of-way and City park property, funding, construction, and maintenance
of the project elements . Discussion followed regarding funding,
traffic mitigation, and project timing. Mr. Naser said the projects
were designed to easily include or accommodate the artistic elements
that had been removed due to the costs of construction and available
budget.
Councilmember Garrott moved and Councilmember Penfold seconded to
adopt Resolution 24 of 2013 authorizing the approval of an interlocal
construction agreement between Salt Lake City and Salt Lake County
relating to the design and construction of Parley' s Trail Phase IV -
The Draw, which motion carried, all members voted aye .
(C 13-300)
Councilmember Garrott moved and Councilmember Luke seconded to
adopt Resolution 25 of 2013 authorizing the approval of an interlocal
construction agreement between Salt Lake City and Salt Lake County
with respect to a construction agreement for a segment of Parley' s
Trail through Salt Lake City' s open space land known as Hidden Hollow,
which motion carried, all members voted aye .
(C 13-301)
#2 . 8:23:30 PM Resolution: Authorizing the Issuance and the Sale
of Tax and Revenue Anticipation Notes, Series 2013 . Adopting a
resolution authorizing the issuance and sale of not more than
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$21, 000, 000 Tax and Revenue Anticipation Notes, Series 2013;
delegating authority to certain officials and officers of the City to
approve the final terms and provisions of such notes; and providing
for related matters . View Attachments
Councilmember Garrott moved and Councilmember Penfold seconded to
adopt Resolution 26 of 2013, which motion carried, all members voted
aye .
(Q 13-7)
#3. 8:24:30 PM Resolution: Approving the Issuance and Sale of up
to $10, 000, 000 Lease Revenue Bonds of the Local Building Authority of
Salt Lake City. Adopting a resolution approving the issuance and the
sale of up to $10, 000, 000 aggregate principal amount of lease revenue
bonds of the Local Building Authority of Salt Lake City, Utah;
authorizing the execution and delivery of certain related documents
and providing for related matters . View Attachments
Councilmember LaMalfa moved and Councilmember Christensen
seconded to adopt Resolution 27 of 2013 authorizing the issuance and
sale of lease revenue bonds of the Local Building Authority in the
aggregate principal amount of $7,180,000, which motion carried, all
members voted aye .
(Q 13-4)
8:25:57 PM Councilmember Simonsen recused himself at this time .
#4 . 8:26:42 PM Local Building Authority of Salt Lake City, Utah.
Consider a motion to recess as the City Council and convene as the
Board of Directors of the Local Building Authority.
Councilmember Penfold moved and Councilmember Luke seconded to
recess as the City Council and convene as the Board of Directors of
the Local Building Authority, which motion carried, all members voted
aye .
Note : See File M 13-10 for minutes of the Board of Directors of
the Local Building Authority of Salt Lake City.
Director Penfold moved and Director Garrott seconded to adjourn
as the Board of Directors of the Local Building Authority and
reconvene as the City Council, which motion carried, all directors
present voted aye .
CONSENT
8:28:48 PM Councilmember Garrott moved and Councilmember Penfold
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seconded to adopt the Consent Agenda, which motion carried, all
members voted aye .
#1. Ordinance: Annual Assessment for Lighting District No. 1
(L01) . Adopting Ordinance 26 of 2013 approving an assessment list and
levying an annual assessment upon property in Salt Lake City, Utah,
Lighting District No. 1 known as L01; establishing the effective date
of the 2013 Assessment Ordinance; providing for a procedure to contest
an assessment and related matters . The revenue generated by the levy
will be used to pay the residents' share of operating, maintenance and
electrical energy costs of the lighting district. The City pays 25% of
the annual expenses for the district ($28, 076. 33) , while residents pay
the remaining 75% (84,229) . This is an annual process.
View Attachments
(Q 13-6)
#2 . Approving the appointment of Marina Scott to the position of
Salt Lake City Treasurer. View Attachment
(I 13-16)
#3 . Approving the appointment of John McCarthy to the City &
County Building Conservancy and Use Committee for a term extending
through July 24th, 2017 . View Attachment
(I 13-9)
The meeting adjourned at 8 : 29 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 4, 2013 .
clm
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