The City Council of Salt Lake City, Utah, met in a Work Session on Tuesday, January 18, 2011, at 3:00 p.m. in Room 326, City Council Office, City County Building, 451 South State Street.
In Attendance: Council Members Carlton Christensen, Van Turner, Stan Penfold, Luke Garrott, Jill Remington Love, JT Martin and Søren Simonsen.
Also in Attendance: Cindy Gust-Jenson, Executive Council Director; Jennifer Bruno, Council Deputy Director; Karen Halladay, Council Policy Analyst; Neil Lindberg, Council Legal Director; Russell Weeks, Council Policy Analyst; Nick Tarbet, Council Policy Analyst/Constituent Liaison; Maureen Riley, Airport Executive Director; Larry Bowers, Airport Landside Officer; Gina Chamness, Budget Director; Rick Graham, Public Services Director; Orion Goff, Building Official; Cheri Coffey, Assistant Planning Director; Ed Rutan, City Attorney; David Everitt, Mayor’s Chief of Staff; Frank Gray, Director of Community and Economic Development, Wilf Sommerkorn, Planning Director; Nick Norris, Planning Manager; Police Chief, Chris Burbank; Bill Rutherford, Urban Forester; Vicki Bennett, Sustainability and Environment Director; Stephanie Duer, Public Utilities Conservation Coordinator; Mike Mickelson and Paul Skeen, Hansen, Bennett & Maxwell, P. C.; Gordon Hoskins, Chief Financial Officer; Lisa Watts Baskin, Outside Legal Counsel; and Chris Meeker, City Recorder.
Councilmember Love presided at and conducted the meeting.
The meeting was called to order at 3:05 p.m.
AGENDA ITEMS
#1. 3:12:24 PM REPORT OF THE EXECUTIVE DIRECTOR, INCLUDING A REVIEW OF COUNCIL INFORMATION ITEMS AND ANNOUNCEMENTS.
See File M 11-5 for announcements.
#2. 3:19:08 PM RECEIVE A BRIEFING REGARDING: View Attachments
a. SALT LAKE CITY’S COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDING JUNE 30, 2010, AND
b. AUDITOR’S LETTERS REGARDING INTERNAL CONTROLS AND COMPLIANCE.
Gordon Hoskins, Mike Mickelson and Paul Skeen briefed the Council with the attached handouts. Mr. Skeen said Hansen, Bennett & Maxwell were independent Certified Public Accounts. He said they had provided audits for the Airport, Library, RDA and Public Utilities. He said the City audit was very clean. Mr. Hoskins said the fund balance percentage was at 13.41 percent. He said a percent was approximately $2 million in the fund balance. He said he was concerned with the Golf fund which lost approximately $300,000 and the Fleet fund which had some deficits.
#3. 3:36:54 PM RECEIVE A BRIEFING REGARDING THE TRANSPORTATION VEHICLE AGE LIMIT PHASE-IN AND APPEARANCE STANDARDS. AN AMENDMENT TO SALT LAKE CITY CODE CHAPTER 5.71 TO: View Attachments
a. ALLOW GROUND TRANSPORTATION COMPANIES OPERATING VEHICLES WITH MORE THAN 350,000 MILES TO REPLACE THOSE VEHICLES OVER A TWO-YEAR PERIOD;
b. INCLUDE VEHICLE APPEARANCE STANDARDS, AND
c. CLARIFY REQUIREMENTS RELATING TO AMERICANS WITH DISABILITIES ACT (ADA) VEHICLES.
Russell Weeks, Larry Bowers, Maureen Riley and Neil Lindberg briefed the Council with the attached handout. Mr. Weeks said the amendment was based on a discussion draft by Council staff, suggestions by the Department of Airports and Express Shuttle.
Councilmember Love asked Council Members to straw poll a mileage limit phase-in which would allow a one-year period to comply with the requirement to operate vehicles driven less than 350,000 miles.
Council Members Christensen, Turner, Penfold and Love voted aye and Councilmember Garrott voted nay. Councilmember Simonsen was not present for the vote.
Councilmember Love asked Council Members to straw poll allowing an automatic seventh year of operation for ground transportation vehicles if vehicles had been driven less than 350,000 miles. All Council Members present were in favor.
Councilmember Simonsen entered the meeting at 4:00 p.m.
Councilmember Love asked Council Members to straw poll adding age and mileage exemption for taxicabs, exempting only taxicabs modified to carry motorized mobility units such as motorized wheelchairs or scooters from age and mileage standards, putting modified taxicabs in same category as buses, minibuses, special transportation vehicles, and limousines, still require application by the company on a case-by-case basis, possibly allow repeal of the paragraph allowing all ground transportation vehicles modified to meet ADA standards to operate a total of seven years. Councilmember Garrott proposed adding exempting only taxicabs that were functional such as modified to carry motorized mobility units such as motorized wheelchairs or scooters from age and mileage standards etc. Most Council Members were in favor.
Councilmember Love asked Council Members if they were in support of codifying new vehicle standards by ordinance. All Council Members were in favor.
Councilmember Love asked Council Members if specialty vehicles should require an application for an exemption. All Council Members were in favor.
Councilmember Love asked Council Members if they supported omitting automatic seven-year operational allowance. All Council Members were in favor of staying with the original vote.
#4. 4:32:47 PM RECEIVE A BRIEFING REGARDING BUDGET AMENDMENT NO. 3 FOR FISCAL YEAR 2010-11. View Attachments
Gina Chamness, Gordon Hoskins, Jennifer Bruno, Rick Graham, Police Chief Chris Burbank, Frank Gray, David Everitt and Orion Goff briefed the Council with the attached handout. Councilmember Love asked if approved what Budget Amendment No. 3 would do to the City’s fund balance. Mr. Hoskins said it would drop by approximately $500,000 and with the shortfall of approximately $500,000 it would equal approximately $1 million. Councilmember Love said Item A-3, Dog Park fence at Rotary Glen Park would be removed from the list at this time. Councilmember Christensen said he wanted to see the RDA pay for part of the position of Street Car Project Manager. All Council Members were in favor of moving the request to fund costs of outside counsel associated with Regional Athletic Complex forward except Council Members Turner and Simonsen who were opposed.
Councilmember Turner asked for more detailed information on the Bike Share Pilot Program. He asked if bikes were more expensive than golf carts. Ms. Bruno said she would come back with bike costs and on-going program costs. Mr. Gray said the project needed approximately six months lead time. Councilmember Love said staff would come back to Council with more information on Item A-11 Request for reallocation of funds for Small Neighborhood Business.
Councilmember Christensen asked the administration for more information regarding the remodeling of the north end of the 5th floor of the City & County building for accommodation of 44 additional employees.
#5. 5:41:22 PM RECEIVE A BRIEFING REGARDING A JOINT RESOLUTION WITH MAYOR BECKER ENCOURAGING THE UTAH STATE LEGISLATURE TO ADOPT THE IECC 2009 ENERGY CODE FOR HOMES DURING THE 2011 STATE LEGISLATIVE SESSION. (ITEM B2)View Attachments
Vicki Bennett and Orion Goff briefed the Council with attached handouts.
#6. 5:40:53 PM RECEIVE A BRIEFING REGARDING AN ORDINANCE CHANGING THE CITY ZONING REGULATION REGARDING WATER EFFICIENT LANDSCAPING AND TREE PROTECTION TO PROMOTE SUSTAINABLE URBAN LIVING PURSUANT TO PETITION NO. PLNPCM2009-00322. (WATER EFFICIENT LANDSCAPING AND TREE PROTECTION). View Attachment
Cheri Coffey, Stephanie Duer, Nick Tarbet and Bill Rutherford briefed the Council with the attached handouts. Councilmember Penfold asked about requiring replacement of a tree if a tree was removed in single family zones. Councilmember Christensen asked for a list of trees that qualified as specimen trees.
#7. 6:08:15 PM RECEIVE A BRIEFING REGARDING AN ORDINANCE TO CHANGE THE INTENT STATEMENT FOR THE COMMERCIAL ZONING DISTRICTS AND THE PURPOSE STATEMENT FOR THE RESIDENTIAL, COMMERCIAL MANUFACTURING, DOWNTOWN, GATEWAY AND SPECIAL PURPOSE ZONING DISTRICTS PURSUANT TO PETITION NO. PLNPCM2009-00173. (ZONING PURPOSE STATEMENT). View Attachments
Nick Norris, Nick Tarbet and Wilf Sommerkorn briefed the Council with the attached handouts. Councilmember Garrott asked that the direction of the ordinance be balanced toward pedestrian, bike and car traffic not one over the other.
#8. 6:28:30 PM CONTINUE THE REVIEW AND DISCUSSION OF THE CITY’S CONFLICT OF INTEREST ORDINANCE (ETHICS).View Attachments
Karen Halladay, Ed Rutan and Lisa Watts-Baskin briefed the Council with the attached handout. Councilmember Garrott asked that the word “Objectively” in the purpose statement be replaced by the word “ethically”. All Council Members were in favor. All Council Members present were in favor of retaining the Leadership Expense fund and the Legal Defense fund. Ms. Baskin said she would review the language and tighten it.
All Council Members present were in favor of removing the Personal Interest section. All Council Members were in favor of leaving the Profession Interest in and define it better with regard to fiduciary duty.
All Council Members present were in favor of leaving the Waivers section in but remove the wording “pursuant to adopted rules and regulations”.
All Council Members present were in favor of the wording “in a public meeting” being inserted in the Disclosure and Disqualification section.
Councilmember Martin said for the record his father-in-law had not had any business come before the City Council for many years and had no plans for any business to come before the City Council in the future.
All Council Members present were in favor of removing the recusal section.
All Council Members present were in favor of changing the travel reporting time from 10 days to 30 days.
#9. 6:08:37 PM INTERVIEW ELENA DICUS PRIOR TO CONSIDERATION OF HER APPOINTMENT TO THE CIVIL SERVICE COMMISSION. (ITEM H1)
Councilmember Love said Ms. Dicus’s name would be forwarded to the Consent Agenda for approval.
#10. COUNCIL MEMBERS WHO HAVE ATTENDED OUT-OF-TOWN CONFERENCES OR SITE VISITS WILL PROVIDE BRIEF REPORTS ON THEIR OBSERVATIONS.
This issue was not discussed
#11. CONSIDER A MOTION TO ENTER INTO CLOSED SESSION TO DISCUSS COLLECTIVE BARGAINING PURSUANT TO UTAH CODE § 52-4-204, FOR ANY OF THE FOLLOWING PURPOSES:
(a) A STRATEGY SESSION TO DISCUSS COLLECTIVE BARGAINING PURSUANT TO UTAH CODE §54-2-205 (1)(B);
(b) A STRATEGY SESSION TO DISCUSS THE PURCHASE, EXCHANGE, OR LEASE OF REAL PROPERTY (INCLUDING ANY FORM OF WATER SHARES) WHEN PUBLIC DISCUSSION OF THE TRANSACTION WOULD DISCLOSE THE APPRAISAL OR ESTIMATED VALUE OF THE PROPERTY UNDER CONSIDERATION OR PREVENT THE CITY FROM COMPLETING THE TRANSACTION ON THE BEST POSSIBLE TERMS PURSUANT TO UTAH CODE §52-4-205(1)(C);
(c) A STRATEGY SESSION TO DISCUSS PENDING OR REASONABLY IMMINENT LITIGATION, PURSUANT TO UTAH CODE § 52-4-205 (1)(c);
(d) A STRATEGY SESSION TO DISCUSS THE SALE OF REAL PROPERTY (INCLUDING ANY FORM OF WATER RIGHT OR WATER SHARES) IF (1) PUBLIC DISCUSSION OF THE TRANSACTION WOULD DISCLOSE THE APPRAISAL OR ESTIMATED VALUE OF THE PROPERTY UNDER CONSIDERATION OR PREVENT THE CITY FROM COMPLETING THE TRANSACTION UNDER THE BEST POSSIBLE TERMS, (2) THE CITY PREVIOUSLY GAVE NOTICE THAT THE PROPERTY WOULD BE OFFERED FOR SALE, AND (3) THE TERMS OF THE SALE ARE PUBLICLY DISCLOSED BEFORE THE CITY APPROVES THE SALE;
(e) A STRATEGY FOR ATTORNEY-CLIENT MATTERS THAT ARE PRIVILEGED PURSUANT TO UTAH CODE §78B-1-137.
This issue was not discussed.
The meeting adjourned at 8:05 p.m.
This document along with the digital recording constitute the official minutes of the City Council Work Session meeting held January 18, 2010.
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