05/21/2013 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, MAY 21 , 2013
The City Council of Salt Lake City, Utah, met in Regular Session on
Tuesday, May 21, 2013 at 7 : 00 p.m. in Room 315, Council Chambers, City
County Building, 451 South State .
The following Council Members were present:
Soren Simonsen Luke Garrott Jill Remington Love
Kyle LaMalfa Charlie Luke Carlton Christensen
Stan Penfold
Cindy Gust-Jenson, Executive Council Director; Edwin Rutan, City
Attorney; Ralph Becker, Mayor; and Sonya Kintaro, Chief Deputy City
Recorder were present.
Councilmember LaMalfa presided at and Councilmember Luke
conducted the meeting.
OPENING CEREMONY
#1 . 7:15:29 PM Pledge of Allegiance .
#2 . 7:16:02 PM Councilmember LaMalfa moved and Councilmember Love
seconded to approve the meeting minutes of Tuesday, April 23 and
Tuesday, May 14, 2013 , which motion carried, all members voted aye .
View Attachment
(M 13-3)
PUBLIC HEARINGS
#1 . 7:16:30 PM Accept public comment and consider adopting an
ordinance amending Ordinance No. 56 of 2012, which adopted the final
budget for fiscal year 2012-2013 and Ordinance No . 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.
(Budget Amendment No. 4)
Councilmember Christensen moved and Councilmember Simonsen
seconded to close the public hearing, which motion carried, all
members voted aye .
Councilmember Christensen moved and Councilmember Simonsen
seconded to defer action to a future meeting, which motion carried,
all members voted aye .
(B 13-7)
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#2 . 7:17:46 PM Continue to accept public comment regarding 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
2013-2014 .
Note: This public hearing will address all ordinances associated with
the implementation of the City's 2013-2014 Budget, including the
Library Fund items C3a-C3r. View Attachment Budget Related Staff
Reports
(B 13-1)
a. 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 .
(B 13-1)
b. An ordinance adopting the budget for the Library Fund for
Fiscal Year 2013-2014 .
(B 13-2)
c . An ordinance adopting the rate of tax levy to be credited to
the Library Fund for Fiscal Year 2013-2014 .
(B 13-2)
d. An ordinance adopting 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 . An ordinance approving the compensation plan for all non-
represented employees of Salt Lake City.
(0 13-11)
f. An 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. An 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
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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. An 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 . An ordinance appropriating necessary funds to implement, for
Fiscal Year 2013-2014 , the provisions of the Memorandum of
Understanding 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 . An ordinance amending the Salt Lake City Consolidated Fee
Schedule to modify various fees included therein
(0 11-9)
k. An ordinance enacting Section 2 . 75 . 040, Salt Lake City Code,
to provide for the imposition of a fee to offset attorneys fees
incurred by the City in small claims proceedings .
(0 13-14)
1 . An ordinance enacting Section 3 . 16 . 030, Salt Lake City Code,
to provide for a surcharge on financial transactions involving the use
of a credit card.
(0 13-16)
m. An ordinance providing for an administrative fee intended to
offset City costs incurred in collection of past due debts .
(0 13-13)
n . An ordinance enacting Section 3 . 02 . 030, Salt Lake City Code,
to provide for an annual adjustment to the Salt Lake City Consolidated
Fee Schedule in accordance with the Consumer Price Index.
(0 11-9)
o . An ordinance enacting Section 3 . 16 . 040, Salt Lake City Code,
to provide for late payment penalties and interest on indebtedness to
the City that is more than 30 days past due .
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(0 13-15)
p. An ordinance enacting Section 12 . 56 . 590, Salt Lake City
Code, relating to a parking exemption for certain official vehicles .
(0 13-17)
q. An ordinance amending Section 15 . 16 . 020, Salt Lake City
Code, relating to picnic facility reservation fees .
(0 13-18)
r. An ordinance amending Section 12 . 96 . 020, Salt Lake City
Code, relating to vehicles with outstanding parking tickets; Section
12 . 96 . 025, Salt Lake City Code, relating to towing, impound, storage,
and booting fees; and Section 12 . 96 . 090, Salt Lake City Code, relating
to hearings concerning impoundment.
(0 10-14)
Robert Aamodt commented on budget planning and the expectation of
revenue from fines .
Polly Hart, Kelly Marinan, Bill Davis, Pat Comarell, and Jon
Dewey spoke on the state of historic preservation in the City and
keeping the position of Senior Preservation Planner .
Pete Ashdown spoke on putting the $116 million Utah Performing
Arts Center (UPAC) bond to a public vote .
Councilmember Christensen moved and Councilmember Simonsen
seconded to continue the public hearing to a future meeting, which
motion carried, all members voted aye .
#3 . 7:31:18 PM The Council will consider a motion to recess as the
City Council and to convene as the Board of Directors of the Local
Building Authority.
Councilmember Simonsen recused himself.
Councilmember Garrott moved and Councilmember Love seconded to
recess as the City Council and convene as the Board of Directors of
the Local Building Authority, which motion carried, all members
present voted aye .
Director LaMalfa 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 .
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Note : See File M 13-10 for Local Building Authority minutes .
POTENTIAL ACTION ITEMS
Councilmember Simonsen returned to the meeting.
#1 . 7:35:30 PM Consider adopting an ordinance that would amend 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 pursuant to Petition No. PLNPCM2012-
00588 . 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. View Attachment
Councilmember Love moved and Councilmember Simonsen seconded to
adopt an ordinance amending the zoning property located at 1321 South
500 East to eliminate certain covenants, conditions, and restrictions
recorded against and associated with CN Neighborhood Commercial zoning
of that property.
Councilmember Love expressed concern about the value of
the (CCRs) . She said the proposed structure was appropriate for the
neighborhood and wanted to adopt the ordinance to keep the property
from remaining in a blighted condition.
Discussion was held with Casey Stewart, Senior Planner, about
CCRs and the CN-Neighborhood Commercial zoning. Mr. Stewart said CCRs
contained potential property uses, what future buildings would look
like, roof construction types, landscaping requirements, and the
obligation to maintain/repair the building. He said the original CCRs
were developed and adopted to prevent certain activity at this
property.
Mr. Stewart said current CN-Neighborhood Commercial zoning
districts codes had design/buffer requirements built in and enabled
better design enforcement than the CCRs . When asked about restrictions
in the CCRs and CN code, Mr. Stewart said there were similarities,
however, "mixed use" was in the CN code but not covered in the CCRs .
He also said mixed use was appropriate in this neighborhood because it
was allowed on the Use Table . He said there was only the standard
setback versus what could be there under a CN zone .
The Council asked if the CCRs would aid in the preservation of
the building. Mr . Stewart said although renovation, restoration, and
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preservation was included in the CCRs, it was not specific about what
could or could not be done. He said building demolition, however, was
allowed with consent by the owner and the City.
Councilmember Garrott made a substitute motion to move to the
next item on the agenda. Councilmember LaMalfa seconded the motion.
Councilmember Garrott said Council did not get enough information
from the staff reports and the item should be referred to a future
meeting.
Councilmember Garrott moved to amend the substitute motion to
consider the next item on the agenda and take action on this item at a
future meeting. Councilmember LaMalfa seconded the motion.
Councilmember Penfold said he was concerned about implementing
CCRs, then taking them away. He said he supported the amended motion,
with the expectation of direction and resolution of the matter.
Councilmember Luke called for the question on the substitute
motion. A roll call vote was taken, which motion carried. Council
Members LaMalfa, Garrott, Luke, Simonsen, and Penfold voted aye.
Council Members Love and Christensen voted nay.
(P 13-5)
#2 . 7:52:19 PM Consider adopting a resolution authorizing the
issuance and sale by the Redevelopment Agency of Salt Lake City, Utah
(RDA) , of not more than $116, 000 , 000 aggregate principal amount of Tax
Increment Revenue Bonds, Series 2013; authorizing the execution of an
Annual Contribution Agreement and an Amendment to an Interlocal
Agreement; and related matters . View Attachment
Councilmember Christensen moved and Councilmember Love seconded
to adopt Resolution 22 of 2013, which motion carried, all members
voted aye except Councilmember Garrott who voted nay.
(Q 13-5) (C 13-313) (C 12-96)
#3. 7:53:41 PM Consider adopting an ordinance amending the Fiscal
Year 2013 adopted budget that creates a budget of $116, 000 , 000 in
Capital Improvement Project (CIP) Fund to facilitate construction of
the new Performing Arts Center. (Budget Amendment No. 5)
View Attachment
Councilmember Penfold moved and Councilmember Christensen
seconded to adopt Ordinance 24 of 2013.
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Councilmember Simonsen said he would vote in favor of the
proposal although he had concerns about the site selection.
Councilmember Garrott said he would vote against the proposal
because of the high cost and questioned whether this project would
have been passed by voters .
Councilmember Penfold amended his motion and Councilmember
LaMalfa seconded to adopt Ordinance 24 of 2013 , with the understanding
this appropriation was contingent upon the City managing the contracts
tied to this appropriation during construction and contingent upon the
City Council and/or RDA Board receiving monthly updates from the
project team on the project' s construction and budget status .
Councilmember Christensen said this project would provide
opportunities for downtown and was a key component to help this
section of Main Street.
Councilmember Luke called for the question on the amended motion.
A roll call vote was taken, which motion carried. Council Members
Christensen, LaMalfa, Penfold, Love, Simonsen, and Luke voted aye.
Councilmember Garrott voted nay.
(B 13-5)
#4 . 7:59:58 PM Consider adopting a delegating bond resolution
authorizing the issuance and sale of up to $58,000,000 aggregate
principal amount of the City' s sales and excise tax revenue bonds, in
one or more series on a taxable or tax-exempt basis, for the purpose
of financing a portion of the cost of acquiring, constructing and
equipping a performing arts center and related improvements; giving
authority to certain officers to approve the final terms and
provisions of such bonds within certain parameters and providing for
related matters . View Attachment
Councilmember Penfold and Councilmember Christensen seconded to
adopt Resolution 23 of 2013.
Council Members Christensen and Penfold said they supported the
resolution to allow flexibility in the financing package and preserve
bonding capacity. They said the Council' s desire was to limit the
amount of sales tax used. Councilmember Christensen said the $58
million amount should not be considered as over and above the $116
million amount.
Councilmember Luke called for the question. A roll call vote was
taken, which motion carried. Council Members Christensen, LaMalfa,
Penfold, Love, Simonsen, and Luke voted aye. Councilmember Garrott
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voted nay.
(Q 13-3)
COMMENTS TO THE CITY COUNCIL
8:02:31 PM Polly Hart spoke about the demolition of the Prudential
Building.
Cindy Cromer spoke and submitted written comments about the
negative side of development agreements . View Comment
Pete Ashdown spoke about saving retail businesses on Main Street
and losing Bennion Jewelers .
Robin Ballard submitted a written comment stating reasons for the
Council to disapprove UPAC bonding.
The meeting adjourned at 8 : 07 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 May 21, 2013 .
sk
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