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09/07/2010 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 7, 2010 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, September 7, 2010 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 Stan Penfold Van Turner Jill Remington Love Soren Simonsen Luke Garrott J T Martin Cindy Gust-Jenson, Executive Council Director; Edwin Rutan, City Attorney; David Everitt, Mayor' s Chief of Staff; and Chris Meeker, City Recorder; were present . Councilmember Martin presided at and Councilmember Christensen conducted the meeting. OPENING CEREMONY #1 . 7:06:32 PM The Council led the Pledge of Allegiance . #2 . 7:06:58 PM Approve the minutes of August 10 , 2010 . Councilmember Garrott moved and Councilmember Turner seconded to approve the minutes , which motion carried, all members voted aye . PUBLIC HEARINGS (Notice: Items Cl-C2 will be held as one hearing to address all overlapping issues related to the Budget Amendment No. 1 for Fiscal Year 2010-11 and Regional Athletic Complex. ) #1 . 7:07:16 PM RE: Accept public comment and consider adopting an ordinance amending Salt Lake City Ordinance 34 of 2010 which adopted the final budget of Salt Lake City, Utah for the Fiscal Year beginning July 1, 2010 and ending June 30, 2011 . (Please note-this includes an item related to the Regional Athletic Complex as well as other City budget items . ) #2 . RE: Accept public comment regarding the financing of the proposed Regional Athletic Complex project of the City, including the proposed issuance of general obligation bonds by the City. The following citizens spoke against the Regional Athletic Complex: Dan Potts, Nancy Saxton, Jeff Salt, Barbara RuFenacht and Linda Parsons . Nancy Starks was in opposition to the complex but did not wish to speak. 10 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 7 , 2010 Councilmember Garrott moved and Councilmember Turner seconded to close the public hearing, which motion carried, all members voted aye. 7:22:52 PM Jennifer Bruno and Rick Graham briefed the Council . Ms . Bruno said the last item left before the Council to decide on amending the budget for the expenditure to move forward with the project . She said the first motion was approving the remaining $20 . 8 million in expenditures with the project. Mr. Rutan said the Council would also be approving the sale of the Bonds at a later date. 7:32:10PM Mr. Graham said REAL had no role in the complex. He said funding from REAL was a gift and would be used to supplement the project. He said the public would use the soccer fields as they used parks now. He said there was a fee for the use as there was currently in other facilities . He said 60o would be used for league play, 30% for recreational play and 10o would be tournament play. 7:47:44 PM Councilmember Simonsen moved to not adopt the ordinance and direct the administration to pursue the development of the complex at an alternate site, which motion failed with no second. 7:52:28 PM Councilmember Martin moved and Councilmember Love seconded to adopt the budget amendment, including Item A-1 relating to the expenditure budget for the Regional Athletic Complex, and authorize the City Treasurer to continue the City' s regular process for selling the General Obligation Bonds and further amend the budget and add $500,000 from fund balance for the purpose of the restoration plan. These funds shall be held in a separated Capital Improvement Project account to ensure they will be used only for corridor restoration, 8:19:09 PM which motion was withdrawn by Councilmember Martin. 8:29:31 PM Councilmember Simonsen moved and Councilmember Turner seconded to amend the motion to separate out the restoration as a separate motion, which motion failed as Councilmember Turner took his second back. 8:33:59 PM Councilmember Martin moved and Councilmember Love seconded to adopt the budget amendment, including item A-1 relating to the expenditure budget for the Regional Athletic Complex, and authorize the City Treasurer to continue the City' s regular process for selling the General Obligation Bonds and it is the intent of the Council to fully fund an effective restoration plan. The Council accordingly requests the administration to up-date the Council every six months on the process of the restoration plan and present the budget proposals, which motion was withdrawn by Councilmember Martin. 10 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 7, 2010 8:42:41 PM Councilmember Love moved and Councilmember Simonsen seconded to adopt Ordinance 60 of 2010 and approve the items in Budget Amendment No. 1 except for those relating to the Regional Athletic Complex, which motion carried, all members present voted aye . (B 10-8) 8:44:06 PM Councilmember Martin moved and Councilmember Love seconded to adopt the budget amendment, including item A-1 relating to the expenditure budget for the Regional Athletic Complex, and authorize the City Treasurer to continue the City' s regular process for selling the General Obligation bonds and it is the intent of the Council to fully fund an effective restoration plan. The Council accordingly requests the administration to up-date the Council every six months on the process of the restoration plan and present the budget proposals . A roll call vote was taken, which motion carried all members voted aye, except Council Members Simonsen and Turner who voted nay. (Q 10-1) 8:51:59 PM COMMENTS TO THE CITY COUNCIL Corey Larkin spoke about illegal shuttles, Salt Lake City cabs and the ground transportation ordinance . Jay Ingleby, Glendale Community Council presented, a letter of concerns regarding lighting in the Glendale area. Randy Curtis asked that fees for driver badges at the Airport be eliminated because the costs were not currently being incurred by the City. Jim Breitinger and Jack Arnott spoke in favor of off leash for dogs at Parley' s Historic Park. Nancy Saxton and Jeff Salt spoke against the Regional Athletic Complex. Jay Chambers spoke regarding cabs at the Airport . Karen Potts spoke about the need for lighting in the Glendale area and against the Regional Athletic Complex. The following submitted comment cards including various comments about lighting in the Glendale area, the Regional Athletic Complex, and ground transportation but did not wish to speak: Amir Adabkhah, LaVon Weidner, LaBerne Sluyters, Jimmie Hartley, Joan Gregory and Linda Parsons . UNFINISHED BUSINESS #1 . 9:10:54 PM RE: Adopting a resolution designating an assessment area to be known as the Salt Lake City, Utah North Temple Boulevard Assessment Area No. LC-109017 and No. M-109018 (the "North Temple Boulevard Assessment Area" ) as described in the Notice of Intention to Designate Assessment Area adopted on June 15, 2010, as amended; authorizing the City officials to proceed with the 10 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 7 , 2010 acquisition and construction of the improvements and the levying of assessments to finance a portion of the costs of said improvements as well as certain operation and maintenance expenses, all as described in said Notice of Intention, as amended; and related matters . Councilmember Turner moved and Councilmember Penfold seconded to adopt Resolution 42 of 2010, which motion carried, all members voted aye . (Q 10-4) CONSENT Councilmember Garrott moved and Councilmember Penfold seconded to adopt the Consent Agenda except for Item 1C which was pulled, which motion carried, all members present voted aye . #1 . RE: Setting the date of September 21 , 2010 at 7 : 00 p . m. to accept public comment and consider adopting: A. An ordinance amending Section 5 . 71 , Salt Lake City Code, pertaining to ground transportation requirements, to coordinate with taxicab ordinance and to provide for categorization of vehicle types by passenger seating fees through rules and regulations; on-demand service restrictions; elimination of manifests; vehicle inspection requirements; special transportation vehicle requirements; vehicle standards; replacement of criminal enforcement with civil penalties; ground transportation appeal committee; B. An ordinance amending Section 5 . 72, Salt Lake City Code, pertaining to taxicabs, to provide for transition from regulatory to contract-based system for providing taxicab services; eliminating certificates of convenience; eliminating operational requirements that will become contract-based; providing for a contract between taxicab companies and the City, through the Department of Airports; providing for rules and regulations; replacing fixed fares with a flexible fare structure; replacing criminal enforcement with civil penalties; C. An ordinance repealing Chapter 5. 76, Salt Lake City Code, pertaining to special transportation vehicles; special transportation vehicles shall be regulated pursuant to Section 5 . 71, Salt Lake City Code; D. An ordinance amending Title 16, Sections 16. 60 and 16. 64 , Salt Lake City Code, pertaining to motor vehicle operation at the Salt Lake City International 10 - 4 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 7 , 2010 Airport, and violations, penalties and enforcement of Title 16 provisions at the Salt Lake City International Airport to correspond with changes made in Sections 5 . 71, 5 . 72 and 5 . 76, Salt Lake City Code; providing for rules and regulations; replacing criminal enforcement with civil penalties and establishing Salt Lake City Code processes and procedures related thereto. (0 05-2) #2 . RE: Setting the date of October 5, 2010 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance closing an unimproved portion of South Temple Street as a public street between 500 West Street and 600 West Street pursuant to Petition No. PLNPCM2010-00320 . (P 10-19) #3. RE: Approving the transfer of the following grant projects : State of Utah Department of Public Safety - SLC Bicycle Safety Project Grant Increase; State of Utah, Certified Local Government (CLG) Program, Intensive Level Survey - Liberty Wells; State of Utah Commission on Criminal and Juvenile Justice (CCJJ) , SLC Asset Forfeiture Program; Utah Department of Public Safety - 2010 Emergency Management Performance Grant (EMPG) ($20,000) ; Utah Department of Public Safety - 2010 Emergency Management Performance Grant (EMPG) ($12,500) ; Utah Department of Public Safety - 2009 Community Emergency Response Team (CERT) Grant; State of Utah, Department of Workforce Services Youth Connections Grant - Ottinger Hall; United States Department of the Interior Bureau of Reclamation - Water Conservation Landscape Efficiencies Interactive Website; State Office of Crime Victim Reparations, 2010 VOCA Victim Assistance Grant; State of Utah, Department of Workforce Services Youth Connections Grant - Central City; State of Utah, Department of Workforce Services Youth Connections Grant - Fairmont Park; State of Utah, Department of Workforce Services Youth Connections Grant - Liberty Park from the Grant Holding Account and establish a project budget for each grant to be confirmed in a formal budget opening. (B 10-10) #4 . RE: Approving the appointment of Emily Drown to the Planning Commission for a term extending through July 1, 2014 . (I 10-13) The meeting adjourned at 9 : 12 p.m. 10 - 5 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 7 , 2010 This document along with the digital recording constitute the official minutes of the City Council Regular Session meeting held September 7, 2010 . cm 10 - 6