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09/09/2003 - Minutes (2) PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 9, 2003 The City Council of Salt Lake City, Utah, met in a Work Session on Tuesday, September 9, 2003, at 5:30 p.m. in Room 326, City Council Office, City County Building, 451 South State Street. In Attendance: Council Members Carlton Christensen, Nancy Saxton, Jill Remington Love, Dave Buhler, Dale Lambert, Eric Jergensen and Van Turner. Also in Attendance: Mayor Ross C. "Rocky" Anderson; Rocky Fluhart, Chief Administrative Officer; Ed Rutan, City Attorney; D.J. Baxter, Senior Advisor to the Mayor; David Nimkin, Chief of Staff; Boyd Ferguson, Assistant City Attorney; Cindy Gust-Jenson, Executive Council Director; Gary Mumford, Council Deputy Director/Senior Legislative Auditor; Jan Aramaki, Constituent Liaison/Research & Policy Analyst; Michael Sears, Council Budget & Policy Analyst; Janice Jardine, Council Planning & Policy Analyst; Lehua Weaver, Council Constituent Liaison; Cheri Coffey, Northwest/Long Range Planner; Marilyn Lewis, West Salt Lake/Environmental Planner; Doug Dansie, Downtown/Special Projects Planner; Alison McFarlane, Economic Development Manager; Alison Weyher, Community and Economic Development Director; Rick Graham, Director of Public Services; Debbie Lyons, Public Services Management Analyst for Safety and Risk; Dan Mule' , City Treasurer; Mary Johnston, City Courts Director; Simarjit Singh Gill, City Prosecutor; Laurie Dillon, Budget Analyst; Dennis McKone, Fire Department Administrative Assistant/Media Relations; Nancy Tessman, City Library Director; Dave Jones, Leonardo Consultant; Kelly Murdock, City Financial Advisor for Wells Fargo Bank; Dale Oakerland, Financial Advisor for Wells Fargo Bank; Richard Scott, City Bond Counsel for Chapman and Cutler; and Pam Johnson, Deputy City Recorder. Councilmember Christensen presided at and conducted the meeting. The meeting was called to order at 5:32 p.m. AGENDA ITEMS #1. REPORT OF THE EXECUTIVE DIRECTOR, INCLUDING REVIEW OF COUNCIL INFORMATION AND ANNOUNCEMENTS. Cindy Gust-Jenson said the correction had been made showing both Council Members Love and Saxton had proposed the Legislative Action regarding brew pubs (Unfinished Business Item No. F-2) . She said an amendment had been made to the agenda to include proposed ordinances addressing portable signs (Unfinished Business Item Nos. F-3 and F-4) . See file M 03-1 for additional announcements. #2. INTERVIEW RICHARD LEE PRIOR TO CONSIDERATION OF HIS REAPPOINTMENT TO THE GOLF ENTERPRISE FUND ADVISORY BOARD. This item was pulled from the agenda. #3. RECEIVE A FOLLOW-UP BRIEFING ON PROVIDING LEGAL CONFORMING STATUS FOR SINGLE FAMILY DETACHED DWELLINGS, TWO-FAMILY DWELLINGS AND TWIN HOMES PURSUANT TO PETITION NO. 400-02-23. View Attachment Sylvia Jones, Cheri Coffey and Marilyn Lewis briefed the Council. Ms. Coffey said the proposed ordinance would allow single family dwellings (SFD) in all zoning districts with the exception of M-1 and M-2 zones. She said SFD's would continue as conditional uses in those zones. Ms. Lewis said the proposed ordinance had specific requirements for SFD's. She said conforming basement structure guidelines, residential foundation 03 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 9, 2003 standards, front facades and entrance landings allowed the mass and scale of prefabricated homes to fit in existing neighborhoods. #4 . RECEIVE A FOLLOW-UP BRIEFING ON THE PROPOSED GENERAL OBLIGATION BOND PROJECTS. View Attachment Michael Sears, Dan Mule' , Kelly Murdock, Richard Scott, Rocky Fluhart, Nancy Tessman, Dave Jones and Dale Oakerland briefed the Council from the attached handout. A discussion was held on how the bond issues should appear on the ballot. Councilmember Buhler proposed placing the items on the ballot in alphabetical order. He said a short detailed description could follow each proposition. He said voters should be able to find any bond issue at a glance. He said they would be able to get additional information on a specific bond item without having to read the entire ballot to find what they were looking for. He said the bond issues had appeared that way in the newspaper. He said that would help keep it consistent in the voter's mind. A discussion was held on verbiage used for the bond issues on the ballot. Mr. Scott said State Statute said the purpose, the principal amount and the number of years the bonds would mature needed to be stated. He said putting anything other than that information on the ballot could lead to legal questions, which could invalidate the election. A discussion was held on information that needed to be given prior to the election. Councilmember Lambert said it was important to educate the voters. Mr. Fluhart said the City was working on issuing information for the public on the proposed bonds. Mr. Scott said it would simply need to provide factual information. He said it could not list pros or cons of bond issues. Ms. Tessman said history showed the more information given voters the more likely they were to support an issue. A discussion was held on providing information to voters on several projects which required matching funds prior to any funding of the bonds. Council discussed adopting a resolution enforcing the matching fund requirements. Mr. Fluhart said to keep funding flexibility Council should put matching fund requirements in a policy rather than incorporate such language in the bonds. Councilmember Saxton said educational information provided to the voters should state the bonds would not be funded until matching funds significant for the Council's approval were received. Mr. Oakerland said if all the bond issues passed, residential property taxes would increase by approximately $23 on a home valued at $175,000. He said at the current interest rate homeowners would be taxed approximately 50 cents per $1,000,000 bonded. He said taxes on commercial property in the City would increase approximately $2.39. Mr. Sears advised Council he would need to provide new motion options to include the changes discussed prior to the formal meeting. #5. HOLD A DISCUSSION REGARDING A CURBSIDE RECYCLING PROGRAM FOR NON-REFUSE CUSTOMERS ON PRIVATE STREETS. View Attachment Jan Aramaki, Rick Graham and Debra Lyons briefed the Council from the attached handout. Ms. Lyons said the landfill dividend covered recycling for City refuse customers. She said the proposed fee would be for residents and businesses only wishing to recycle. #6. RECEIVE A BRIEFING REGARDING TWO OPTIONS FOR A-FRAME SIGNS: 03 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 9, 2003 A. AN ORDINANCE AMENDING TEMPORARY ZONING REGULATIONS FOR PORTABLE SIGNS IN CERTAIN DISTRICTS, AND B. AN ORDINANCE REPEALING TEMPORARY ZONING REGULATIONS FOR PORTABLE SIGNS IN CERTAIN DISTRICTS. Ed Rutan briefed the Council from the attached handout. Mr. Rutan said Council had been provided with three ordinance options and information addressing first amendment issues. He said the option the administration recommended changed the definition in the current ordinance from "business persons" to "any persons". He said a verbiage change from "business hours" to "specific hours" was also done. He said the hours of 8:00 a.m. to 11:00 p.m. given in the proposed ordinance would allow businesses advertising value as well as addressing the safety, aesthetics, maintenance, and prevention of vandalism issues with A-frame signs. Mr. Rutan said another ordinance option required a responsible party to remain within 25 feet of the sign. He said large businesses would be able to comply if a salesperson on the ground floor monitored the sign. He said this addressed safety and maintenance issues as well. Mr. Rutan said the final option would repeal the temporary sign ordinance now in effect. He said the portable or A-frame signs would no longer be allowed in the areas involved. #7. RECEIVE A BRIEFING REGARDING TWO PROPOSALS REQUESTED ARX GROUP, LLC AND RICHARD FETZER, FETZER'S INC. RELATING TO PROPERTY LOCATED AT 1436 SOUTH WEST TEMPLE: View Attachment A. REZONE PROPERTY AT 1436 SOUTH WEST TEMPLE FROM GENERAL COMMERCIAL AND RESIDENTIAL MULTI-FAMILY TO RESIDENTIAL MIXED-USE, AND B. CLOSE AND ABANDON A PORTION OF FRONT STREET (155 WEST) BETWEEN 1400 SOUTH AND APPROXIMATELY 1430 SOUTH. Janice Jardine, Cheri Coffey and Doug Dansie briefed the Council from the attached handout. Mr. Dansie said Front Street had been divided into three sections. He said two sections had been sold in 1995 and this petition was for the sale of the final section. He said an alley was located in the same area and had been sold previously as well. Mr. Dansie said the petition would also rezone the commercial property to Residential Mixed-Use (RMU) . He said proposed plans were for a 400 unit condominium building with commercial opportunities on the ground level. He said the Fetzer business had relocated. #8 . RECEIVE A BRIEFING REGARDING THE AUDIT OF THE CITY ATTORNEY'S OFFICE. View Attachment Ed Rutan and Gary Mumford briefed the Council from the attached handout. Mr. Rutan said he agreed with the findings of the audit. He said the audit showed the City hired fewer paralegals compared to legal departments in other cities and businesses. He said the audit suggested the benefits of hiring several paralegals in place of a higher paid attorney. He said this would allow the work and information coming from the Attorney' s Office to be pulled from a variety of resources. He said the audit also indicated improvements were needed with time reporting. He said a new system was implemented in July. He said it addressed many of the issues identified in the audit. 03 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 9, 2003 #9. RECEIVE A BRIEFING REGARDING THE AUDIT OF THE PROSECUTOR'S OFFICE. View Attachment Gary Mumford and Sim Gill briefed the Council from the attached handout. Mr. Gill said the audit emphasized the upgrading of information technology. He said an upgrade would help with tracking and data measurement issues identified in the audit. He said the audit suggested improvements in delegating, adding additional support staff and implementing departmental policies and procedures. He said the Prosecutor's Office had set a goal of completing the policies and procedure handbook by July 2004. Mr. Gill said he felt the caseload comparison of the Prosecutor' s Office with other cities was not as accurate as it should have been. He said data used in making the comparison was not the same. He said the audit did not take into account the amount of support staff available in those cities. The meeting adjourned at 10:30 p.m. pi 03 - 4