September 6, 2011

 

The City Council of Salt Lake City, Utah, met in a Work Session on Tuesday, September 6, 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, Jill Remington Love, Luke Garrott, JT Martin and Søren Simonsen.

 

Also in Attendance: Cindy Gust-Jenson, Executive Council Director; Jennifer Bruno, Council Deputy Director; Karen Halladay, Council Policy Analyst; Lehua Weaver, Council Research and Policy Analyst; Janice Jardine, Council Land Use Policy Analyst; Emy Maloutas, Parks and Public Lands Director; David Everitt, Chief of Staff; Police Chief Chris Burbank; Ed Rutan, City Attorney; Boyd Ferguson, Senior City Attorney; Gina Chamness, Budget Director; Gordon Hoskins, Chief Financial Officer; LuAnn Clark, Housing and Neighborhood Development Director; Mike Akerlow, Housing and Neighborhood Development Deputy Director; Rick Graham, Public Services Director; Wayne Mills, Senior Planner; Wilf Sommerkorn, Planning Director, Ray Milner, Principal Planner; John Naser, City Engineer; Tim Harpst, Transportation Director; Jeff Niermeyer, Public Utilities Director; Jim Lewis, Public Utilities Finance Administrator; Tom Ward, Public Utilities Deputy Director; Curtis Preece, City Courts Administrator; Kay Christensen, Legislative Affairs Coordinator; Russ Weeks, Council Policy Analyst; Mary Beth Thompson, Accounting; Chris Sands, Biowest; Michael Pate, Petitioner; Ann Wescott, Galena Consulting and Chris Meeker, City Recorder.

 

      Councilmember Love presided at and conducted the meeting.

 

      The meeting was called to order at 3:00 p.m.

 

AGENDA ITEMS

 

      #1.   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)   FOR ATTORNEY-CLIENT MATTERS THAT ARE PRIVILEGED PURSUANT TO UTAH CODE § 78B-1-137; AND

(f)   A STRATEGY SESSION TO DISCUSS SECURITY PERSONNEL, DEVICES OR SYSTEMS PURSUANT TO UTAH CODE §52-4-205(1)(F).

     

      This item was not addressed.

     

      #2. REPORT OF THE EXECUTIVE DIRECTOR, INCLUDING A REVIEW OF COUNCIL INFORMATION ITEMS AND ANNOUNCEMENTS.

 

This Item was not addressed.

 

      #3.   3:14:14 PM RECEIVE A FOLLOW-UP BRIEFING REGARDING BUDGET AMENDMENT NO. 1 FOR FISCAL YEAR 2011 – 2012.  BUDGET AMENDMENTS HAPPEN SEVERAL TIMES EACH YEAR TO REFLECT ADJUSTMENTS TO THE CITY’S BUDGETS, INCLUDING PROPOSED PROJECT ADDITIONS AND MODIFICATIONS. (ITEM C2)View Attachments

 

      Gina Chamness, Gordon Hoskins, LuAnn Clark, Karen Halladay, Lehua Weaver, Police Chief Chris Burbank, Mary Beth Thompson, David Everitt and Tim Harpst briefed the Council with the attached handouts.

 

      #4.   4:37:05 PM  RECEIVE A BRIEFING REGARDING A RESOLUTION ADOPTING THE RESTORATION USE AND MANAGEMENT PLAN FOR WASATCH HOLLOW OPEN SPACE.  THE GOAL OF THE PLAN IS TO PROTECT NATIVE VEGETATION, WATER QUALITY, AND AQUATIC AND TERRESTRIAL WILDLIFE HABITAT OF EMIGRATION CREEK WHILE PROVIDING APPROPRIATE ACCESS AND EDUCATIONAL OPPORTUNITIES FOR THE PUBLIC. View Attachments

 

      Emy Maloutas, Chris Sands and Jennifer Bruno briefed the Council with the attached handouts.  Ms. Maloutas said Wasatch Hollow was ten acres and was located east of 1600 East and north of 1700 South, along Emigration Creek.  She said the five main goals were restore and protect the Emigration riparian corridor and adjacent open space area, establish clearly defined boundaries to prevent encroachment, provide controlled public access, increase safety and foster collaboration.   

 

      #5. 5:17:19 PM RECEIVE A FOLLOW-UP BRIEFING REGARDING A REQUEST TO REZONE PROPERTY LOCATED AT 2705 EAST PARLEYS WAY FROM COMMUNITY BUSINESS (CB) TO COMMUNITY SHOPPING (CS) AND CHANGE THE EAST BENCH COMMUNITY MASTER PLAN FUTURE LAND USE MAP TO BE CONSISTENT WITH THE PROPOSED REZONING.  THIS ACTION WOULD FACILITATE DEMOLITION OF THE EXISTING STRUCTURE ON THE PROPERTY (A FORMER KMART STORE) AND CONSTRUCTION OF A NEW WALMART SUPERCENTER.  PETITIONER – BALLARD SPAHR LLP REPRESENTING WALMART STORES, INC. (PETITION NO. PLNPCM 2010-00556 AND PETITION NO. PLNPCM 2010-00557) (ITEM D2)View Attachments

 

      Janice Jardine, Wayne Mills, Lynn Pace and Wilf Sommerkorn briefed the Council with the attached handouts.  Councilmember Simonson said he wanted to initiate a legislative intent anticipating the length of non-conforming uses and non-conforming structures in connection with the small neighborhood commercial zones.  Mr. Sommerkorn said Planning was already re-working the non-conforming section of the code.  Councilmember Simonsen said he wanted to initiate a legislative intent that addressed walkability and bikeability.  Mr. Sommerkorn said change proposals would be coming to Council soon.    

 

      #6.8:26:57 PM      RECEIVE A FOLLOW-UP BRIEFING REGARDING THE BUDGET RELATING TO THE CAPITAL IMPROVEMENT PROGRAM (CIP) FOR FISCAL YEAR 2011-2012. CAPITAL IMPROVEMENTS INVOLVE THE CONSTRUCTION, PURCHASE OR RENOVATION OF BUILDING, PARKS, STREETS OR OTHER PHYSICAL STRUCTURES. GENERALLY, PROJECTS HAVE A USEFUL LIFE OF FIVE OR MORE YEARS AND COST $50,000 OR MORE. (ITEM G1)View Attachments

 

      Mayor Becker, Rick Graham, John Naser, LuAnn Clark and Karen Halladay briefed the Council with the attached handouts.

 

      Councilmember Simonsen moved and Councilmember Penfold seconded to adopt the changes made to the CIP, which motion carried, all members voted aye.

 

      #7.   9:01:58 PM RECEIVE A BRIEFING REGARDING THE CITY’S 10 YEAR CAPITAL FACILITIES PLAN. View Attachments

 

      LuAnn Clark, Mike Akerlow, Ann Wescott, John Naser, Emy Maloutas and Karen Halladay briefed the Council with the attached handout.  Ms. Wescott suggested that the Council not go line by line but look at priorities.  Councilmember Love asked for a new list.

 

      #8.   4:36:38 PM RECEIVE A BRIEFING REGARDING ISSUING WATER AND SEWER REVENUE BONDS TO FUND THE CONSTRUCTION OF THE FOLSOM AVENUE STORM DRAIN. (THE DEPARTMENT OF PUBLIC UTILITIES IS PROPOSING TO ISSUE UP TO $10 MILLION IN REVENUE BONDS TO FUND THE FOLSOM AVENUE STORM DRAIN CONSTRUCTION. FOLSOM AVENUE IS APPROXIMATELY 50 SOUTH, AND THE STORM DRAIN CORRIDOR STRETCHES FROM 700 WEST, JUST WEST OF I-15, TO THE JORDAN RIVER.) (ITEM G2) This issue was not discussed.

 

      #9. 5:51:56 PM RECEIVE A BRIEFING REGARDING ORDINANCES 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 12.56.70, SALT LAKE CITY CODE, CLARIFYING AND REVISING PROVISIONS GOVERNING THE DISMISSAL AND REDUCTION OF PARKING CITATION FEES. View Attachments

 

      Russ Weeks, Kay Christensen, Rick Graham and Curtis Preece briefed the Council with the attached handouts.  Mr. Weeks said one of the proposed changes was to change the impoundment of a vehicle from 30 to 40 days.  He said another proposed change was to codify the common law of addressing citation dismissal or reduction.  He said the third proposed change was the vehicle must display a placard or sticker issued by Salt Lake City Parking Enforcement or the vehicle’s license plate must be registered with Salt Lake City Parking Enforcement for enrollment in any license-plate recognition system used to regulate parking enforcement.

     

      #10. 6:02:40 PM  RECEIVE A BRIEFING REGARDING 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. (TITLE 21A ZONING, CHAPTERS 21A.62.010 DEFINITIONS AND 21A.40.120L REGULATION OF FENCES, WALLS AND HEDGES.) RELATED PROVISIONS OF TITLE 21A – ZONING MAY ALSO BE AMENDED AS PART OF THE PETITION. (PETITIONER-SENTRY SECURITY SYSTEMS – PLNPCM2010-00300) (ITEM H1) View Attachments

 

      Ray Milliner, Wilf Sommerkorn, Frank Gray and Janice Jardine briefed the Council with the attached handouts.  Mr. Milner said the Planning Commission said under certain circumstances an electric fence was allowable.  He said there were eleven conditions.  He said the fences were not deadly or life threatening.

 

      Michael Pate, Century Security System and Petitioner, spoke in favor of the change to the zoning regulations.  He asked for the international electrical standard to be referenced in the code.  He said he felt the ordinance was restrictive as to where the product could be used.  He said one foot of spacing between the electric fence and the perimeter fence or wall was too far.  

     

#11. 6:21:03 PM  INTERVIEW CATHERINE ELIZABETH ROBERTS PRIOR TO CONSIDERATION OF HER APPOINTMENT AS PART-TIME JUSTICE COURT JUDGE FOR THE SALT LAKE CITY JUSTICE COURT. (ITEM G3)

 

 Councilmember Love said Ms. Robert’s name would be forwarded to the Consent Agenda for approval.

 

The meeting adjourned at 9:45 p.m.

     

This document along with the digital recording constitute the official minutes of the City Council Work Session meeting held September 6, 2011.

 

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