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09/27/2011 - Formal Meeting - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 27 , 2011 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, September 27, 2011 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 Stan Penfold Jill Remington Love Luke Garrott Soren Simonsen J T Martin Cindy Gust-Jenson, Executive Council Director; Edwin Rutan, City Attorney; Mayor Ralph Becker; David Everitt, Mayor' s Chief of Staff; and Beverly Jones, Deputy City Recorder; were present. Councilmember Love presided at and Councilmember Garrott conducted the meeting. OPENING CEREMONY #1 . 7 : 06 : 00 PM The Council led the Pledge of Allegiance. Boy Scout Troop 301 from the Salt Lake City Millcreek area led the Pledge of Allegiance . #2 . 7 : 06 : 55 PM Councilmember Simonsen moved and Councilmember Love seconded to approve the Salt Lake City Council minutes for September 6, 2011 and September 20, 2011, which motion carried, all members voted aye . View Attachments (M 11-3) PUBLIC HEARINGS #1 . RE : 7 : 07 : 18 PM Accept public comment and consider adopting an ordinance to change the City' s zoning regulations to allow electric security fences in the Manufacturing M-1 and M-2 zones under certain conditions pursuant to Petition No. PLNPCM2010-0300 . (Title 21A, Zoning, Chapters 21 .A. 62 . 010 . Definitions, and 21A. 40 . 120L, Regulation of Fences, Walls and Hedges . ) Related provision of Title 21A, Zoning, may also be amended as part of this petition. (Petitioner - Sentry Security Systems . ) View Attachments Michael Pate spoke in support of allowing electric security fences in Manufacturing M-1 and M-2 zones . Councilmember Love moved and Councilmember Martin seconded to close the public hearing, which motion carried, all members voted aye. (P 11-10) 11 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 27 , 2011 #2 . RE: 7 : 10 :21 PM Accept public comment and consider adopting a resolution regarding the issuance of not more than $10, 000, 000 principal amount of water and sewer revenue bonds of the City to finance all or a portion of the cost of acquiring and constructing certain improvements, facilities and property that will be part of the City' s water, sewer and storm water system, including, but not limited to the construction of a new storm water line on Folsom Avenue and various other sewer improvements and the potential economic impact that such projects will have on the private sector. View Attachments Councilmember Christensen moved and Councilmember Turner seconded to close the public hearing, which motion carried, all members voted aye . (Q 11-5) #3 . RE : 7 : 11 : 08 PM Accept public comment and consider adopting an ordinance amending Section 12 . 96 . 020, Salt Lake City Code, extending the period after which unpaid parking citations may result in impoundment of a vehicle from 30 days to 40 days to be consistent with other provisions within the same Chapter and amending Section 12 . 56 . 570, Salt Lake City Code, clarifying and revising provisions governing the dismissal and reduction of parking citation fees. View Attachments Councilmember Penfold moved and Councilmember Simonsen seconded to close the public hearing, which motion carried, all members voted aye . Councilmember Christensen moved and Councilmember Turner seconded to adopt Ordinance 57 of 2011 extending the period after which unpaid parking citations may result in impoundment of a vehicle from 30 days to 40 days and Ordinance 58 of 2011 clarifying and revising provisions governing the dismissal and reduction of parking citation fees, which motion carried, all members voted aye . (0 10-14) #4 . RE : 7 : 12 : 30 PM Accept public comment and consider adopting an ordinance enacting Chapter 12 . 58, Salt Lake City Code, prohibiting idling of vehicles within City limits . View Attachments The following spoke or submitted hearing cards in support of prohibiting idling of vehicles within City limits : Irene Rizza, Utah Clean Cities; Patti White with Sixth Grade Students from Morningside Elementary; Terry Marasco; Karen Hevel-Mingo; Glen Lanham, American Lung Association in Utah; Rai Farrelly; Hugo Rodier, MD, Utah Medical Association; Cherise Udell, Utah Mom' s For Clean Air; Cameron Cova, 11 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 27 , 2011 Breathe Utah; Jess Dear; Missy Greis; Sophia Udell and Tammi Messersmith. The following spoke or submitted hearing cards in opposition of prohibiting idling of vehicles within City limits : Howard Headlee, Utah Bankers Association; Melva Sim, Utah Restaurant Association; Mont Evans; Derrick Smith; Alan Paul; Patti White with Sixth Grade Students from Morningside Elementary; Chris Beck-McKay; George Ray; Mark McKay; Rolayne Fink; Kristi Hook; Phyllis Perkins; Tanya Stewart and Shari Troester. Councilmember Christensen moved and Councilmember Love seconded to close the public hearing, which motion carried, all members voted aye . (0 11-20) POTENTIAL ACTION ITEMS #1 . RE: 7 : 50 : 40 PM Adopting an ordinance amending Salt Lake City Ordinance 50 of 2011 which adopted the final budget of Salt Lake City, Utah, for the Fiscal Year beginning July 1, 2011 and ending June 30, 2012 . (Budget Amendment No. 1) View Attachments Councilmember Christensen moved and Councilmember Turner seconded to adopt Ordinance 59 of 2011 amending the Fiscal Year 2011/2012 budget as proposed by Administration with the exceptions of Item A-1 regarding the Impact Fee reallocation, Item A-2 regarding the Fleet Vehicle Replacement Budget and Item A-6 regarding Parking Pay Stations, which motion carried, all members voted aye . Councilmember Christensen moved and Councilmember Turner seconded to move that the Council adopt Item A-2 regarding the budget for Fleet Vehicle Replacement with the condition that changes to the purchases replacement list that would exceed $75,000 come back to the Council for review and approval, which motion carried, all members voted aye . Councilmember Christensen moved and Councilmember Turner seconded that it be the intent of the Council that the annual Fleet Fund budgets be specific about vehicles and equipment being purchased. A portion of the annual budget appropriation should be set aside for a contingency of up to 15% of the total allocation for flexible purchases related to damaged vehicle replacements and maintenance. Items not specified on the Fleet Replacement list that exceed $75,000 cannot be purchased without prior Council approval. It is further the intent of the Council that since the annual budget allocation is approved by the Council with regard to the departments and vehicles, that if any changes or transfers are considered, including any changes 11 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 27 , 2011 that would be considered a shift in policy or change to service level, that they be presented to the Council for approval, which motion carried, all members voted aye . Councilmember Simonsen moved and Councilmember Martin seconded that the Council not adopt Item A-1 regarding reallocating Impact Fees from the East Precinct Building to the Public Safety Building property expense and instead defer action on that until such a time as the Council will be able to discuss as part of the 10-year Capital Improvement Program and have the amended Sugar House Master Plan to reflect the change in policy. Councilmember Love said she would not support the motion. She said the Council was reallocating the money because there was need elsewhere . Councilmember Martin said he agreed. He said unfortunately people in his district were concerned and they felt an Eastside precinct was part of the solution. He suggested the Council take another week or two and let the Administration educate the public about the Eastside precinct. Councilmember Christensen said he would also vote against the motion. He said the funding was not necessarily tied to a master plan; it was a long term goal . Councilmember Martin said he agreed. Councilmember Simonsen said this issue was presented as a permanent change in funding. He said the Administration and the Police Department said the Eastside Precinct was no longer being considered. He said this project had been part of the Public Safety Building bond. He said that funding was removed with the understanding that the precinct would continue as a high priority project. David Everitt, Mayor' s Chief of Staff, said this was about impact fees and reallocation, not prohibiting this initiative in the future . Councilmember Love said it had been approximately five years since the Council bought Garfield School for an Eastside precinct. She said at that time the neighborhood did not want a police precinct. She said she did not view the reallocation of money tonight as a permanent change in direction. Councilmember Penfold said he would not support the motion . He said he felt there was need for a precinct but that discussion had not been held. He said he saw this as a reallocation of money and it did not prohibit the Council from funding the precinct in the future . 11 - 4 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 27 , 2011 Councilmember Martin proposed a substitute motion . Councilmember Martin moved and Councilmember Love seconded that this item be tabled to a future meeting so the Administration had an opportunity through their liaisons to have this discussion and explain it to the community councils . Councilmember Love said the Council had pulled this item from the budget amendment and asked if they could leave the budget amendment open for another week. Cindy Gust-Jenson, Executive Council Director, said the Council could come back to this item at any time until the next budget opening. Councilmember Love asked the Administration what delaying the vote would do . Mr . Everitt said it would delay moving forward with the purchase . Frank Gray, Community and Economic Development Director, said one week would not make a difference . He said they had an accepted offer on the property. He said they would need to execute that in the next couple of weeks or renegotiate the offer. Councilmember Love made a substitute motion . Councilmember Love moved and Councilmember Turner seconded to reallocate the impact fees from the East Precinct Building to the Public Safety Building property expense and that the Council adopt a Legislative Intent that they commit to continue to discuss both in the 10-year CIP and with the Sugar House Master Plan the possibility of an Eastside Police Precinct, which motion carried, all members vote aye except Councilmember Simonsen who voted nay. Councilmember Penfold moved and Councilmember Christensen seconded to adopt Item A-6 to begin the test period only and establishes a budget totaling $291,771, which includes $257 ,559 for the first month, plus $17 ,106 for two additional test months for parking pay stations, which motion carried, all members voted aye . Councilmember Penfold moved and Councilmember Turner seconded that it is the intent of the Council that when the Administration forwards a recommendation on moving forward with the Parking Pay Stations, that the proposal would include a recommendation for a fee structure that would make both the ongoing and capital costs of implementation of the pay stations revenue neutral or "revenue- positive" over a five year term, which motion carried, all members voted aye . Councilmember Christensen moved and Councilmember seconded to adopt Item I-1 which was a new item, to increase the budget for the 11 - 5 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 27 , 2011 street lighting study by $8 ,000 to allow for a third option, which motion carried, all members voted aye . (B 11-7) NEW BUSINESS #1 . RE: 8 :22 : 07 PM Adopting an ordinance regarding the North Temple Project Area Plan for the North Temple Project Area, as approved by the Redevelopment Agency of Salt Lake City, and designating the North Temple project Area Plan as the official Urban Renewal Plan for the North Temple Project Area. View Attachments Councilmember Christensen moved and Councilmember Turner seconded to suspend the rules and adopt Ordinance 56 of 2011, which motion carried, all members voted aye . (T 11-4) UNFINISHED BUSINESS #1 . RE: 8 :22 : 43 PM Adopting a resolution authorizing the issuance and confirming the sale of not more than $10, 000, 000 aggregate principal amount of Water and Sewer Revenue Bonds, Series 2011 of the City; authorizing the execution and delivery of certain documents relating to such bonds; and providing for related matters . View Attachments Councilmember Christensen moved and Councilmember Turner seconded to adopt Resolution 35 of 2011 . Cindy Gust-Jenson, City Council Executive Director, said a point of clarification was needed. She said the agenda title was incorrect although the text was correct so this would authorize the bond. Councilmember Garrott called for the question, which motion carried, all members voted aye . (Q 11-5) CONSENT AGENDA 8 :24 :25 PM Councilmember Penfold moved and Councilmember Christensen seconded to approve the Consent Agenda with the exception of Maria Torres, District 4 and Stephen Nelson, District 7 , of the Redistricting Work Group who would appear on the agenda at a future date, which motion carried, all members voted aye . #1 . RE: Approving the appointment of Mike Christensen, District 1; Nan Weber, District 2; Margith Maughan, District 3; Maria Torres, 11 - 6 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 27, 2011 District 4; Eliot Sykes, District 5; James Guilkey, District 6 and Stephen L. Nelson, District 7, to the Salt Lake City Redistricting Work Group. (I 11-20) #2 . RE: Approving the appointment of Dale Evans to the Police Civilian Review Board for a term extending through September 1, 2014 . (I 11-16) The meeting adjourned at 8 : 25 p .m. This document along with the digital recording constitute the official minutes of the City Council Regular Session meeting held September 27, 2011 . bj 11 - 7