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06/01/2004 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DUNE 1 , 2004 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, June 1, 2004, 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 Nancy Saxton Jill Remington Love Dave Buhler Dale Lambert Eric Jergensen Mayor Ross C. "Rocky" Anderson; Cindy Gust-Jenson, Executive Council Director; Edwin Rutan, City Attorney; and Scott Crandall, Deputy City Recorder were present. Councilmember Love presided at and Councilmember Christensen conducted the meeting. #1. The Council led the Pledge of Allegiance. #2. Councilmember Turner moved and Councilmember Jergensen seconded to approve the minutes of Salt Lake City Council meetings held May 18 and May 27, 2004, which motion carried, all members voted aye. (M 04-3) PUBLIC HEARINGS #1. RE: Accept public comment and consider adopting an ordinance repealing and reenacting Chapter 14.38, Salt Lake City Code, relating to sidewalk entertainers and artists. View Attachment The following people spoke or submitted written comments: Ben Behunin, Michael Lisle Smith, Gayle Parsons, Tom Jackson, Shelle Kareus, James Record, Robin Douglas, Jade Douglas, Joyce Marder, Walt Zwierzycki, Philo Allen, Robert Howard, Anne Albaugh, Bob Farrington, Hannah Bergstrom, Neal Bergstrom, Emma Bergstrom, Lucy Bergstrom, Linda Bergstrom, Lisa Oliver, Jamea Oliver, Joe Bankhead, Renee Shaw, Sally Kelly, Cyrus Tharpe, Pete Litster, Elizabeth Kelly, Megan Bracken, Dorothy Karra, Renee Gilson, Sharon Bailey, and Jonathan Weisblatt. Comments included Farmer's Market, Downtown Alliance, ensure art quality, handmade art, renegade artists, entrance fees, avoiding permits/fees, lost sale tax, Pioneer Park, business licenses, controlling space, advertisements, eliminating venues, enliven City streets, affordable art, festivals, prohibitive fees, social interaction, sculptures, poetry, street performers, professional artists, support organizations, Arts Council, music, vendors, liability insurance, City parks, displays, special event permits, equal treatment, jewelry design, definition of art, imported products, exclusionary language, beads, commercial components, creative art, education, friendships, disproportionate fees, sales competition, protecting buyers, limiting choices, equal access, community benefit, street fairs, photography, art tools, encouraging artists, original art, copies, diversity, paintings, outdoor mall, business interests, judgment, expression, expanding art community, balancing interests, growing demand, accommodating artists, preserve integrity, reduce fees for youth, develop skills, lower age limit, and selling merchandise. Additional comments included art teachers, art supplies, unique art venues, voluntary fees, multimedia artists, unconstitutional provisions, increased restrictions, community needs, stifling creativity, community contribution, reconsider decision, free art show, free speech protection, violating constitutional rights, lawsuits, legal 04 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DUNE 1 , 2004 provisions, first amendment guidelines, parking limitations, restrict vehicle traffic, respect, fair treatment, problematic definitions, street performers, distributing flyers, creating maverick art, discouraging the poor, peaceful assembly, and self- reliance. Councilmember Buhler moved and Councilmember Saxton seconded to close the public hearing and refer to June 10, 2004 for formal consideration, which motion carried, all members voted aye. (0 02-11) #2. RE: Accept public comment and consider adopting an ordinance amending the Northwest Community Master Plan for the northeast area of 700 North and Redwood Road pursuant to Petition No. 400-03-18. View Attachment Councilmember Turner moved and Councilmember Saxton seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Turner moved and Councilmember Jergensen seconded to adopt Ordinance 20 of 2004. Councilmember Christensen said the proposal set the stage for community discussion but left some City controls in place. He said zoning changes for new commercial development would be required to go through a public process where the community could provide input. Councilmember Christensen called for the vote. The motion carried, all members voted aye. (P 00-11) #3. RE: Accept public comment and consider adopting an ordinance closing and abandoning a portion of an alley located in Block 6 of Highland Park Plat B subdivision pursuant to Petition No. 400-04-03. (PacifiCorp Note: Please see Item F-1) View Attachment Councilmember Jergensen moved and Councilmember Lambert seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Lambert moved and Councilmember Jergensen seconded to adopt Ordinance 21 of 2004, which motion carried, all members voted aye. (P 04-8) #4. RE: Accept public comment and consider adopting an ordinance amending the Salt Lake City Zoning Ordinance, Section 21A.28.040 (Table of Permitted and Conditional Uses for Manufacturing Districts) to reduce the minimum lot size required for an on- site caretaker or security guard residence from four acres to two acres in an M-1 zoning district. (A request by James Moyle. ) View Attachment Councilmember Love moved and Councilmember Turner seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Turner moved and Councilmember Love seconded to adopt Ordinance 22 of 2004, which motion carried, all members voted aye. (P 04-7) #5. RE: Accept public comment and consider adopting an ordinance enacting Section 14.32.425 of the Salt Lake City Code, relating to telecommunication right-of-way 04 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DUNE 1 , 2004 permits, and establishing related annual right-of-way charges. View Attachment Jeff Fox, Jerry Oldroyd, James Harlan and Steve Mecham spoke on this issue. Comments included limiting fees to actual management costs, structuring fees to encourage businesses to use the right-of-way, business costs passed on to consumers, telecommunication coalition, confusing proposal, permitting process, discrimination, resolving issues before adoption, interpretation, unintended consequences, violating federal and state laws, rate increases, 1996 Telecommunication Act, task force, bankruptcy, prohibitive costs, disproportionate fees, eliminating competition, potential lawsuits, and working with City staff to develop a mutual agreement. Councilmember Love moved and Councilmember Jergensen seconded to close the public hearing and refer to a future Council meeting for consideration with Fiscal Year 2004- 2005 budget items, which motion carried, all members voted aye. (0 03-17) QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL Councilmember Saxton spoke about the Mayor's comments during a radio program on KCPW. She said she understood the Mayor did not support the proposed Library tax increase and wanted to find other funding options. She said she was concerned about the Mayor's statement indicating the Council' s willingness to vote for tax increases. She asked about tax increases and how the Administration planned to meet the Library's needs without raising taxes. Mayor Anderson said he felt the Council and Administration were opposed to raising taxes. He said he was surprised there was support for a tax increase without investigating other ways to meet the Library's financial and security needs. Councilmember Saxton asked if the Mayor had ideas which he would present to the Council as alternatives to raising taxes. Mayor Anderson said the tax increase was proposed by the Library and the Administration had not addressed the issue. He said he would look at alternatives. He said there might be some flexibility in the Capital Improvement Program (CIP) . Councilmember Buhler said the Council had only received a briefing and had not expressed formal opinions about the proposal. He said the use of CIP was unprecedented since the Library had its own revenue source. He said he was not anxious to vote for a tax increase and wanted to explore other options. He asked the Mayor to present alternatives prior to the Council's formal vote. Councilmember Jergensen said he believed everyone felt the Library was a valuable community asset and needed to be supported. He said he felt the Council, Administration and Library Board needed to work together to identify funding options. Mayor Anderson said the Administration would address the issue. He said the Administration welcomed any suggestions or ideas from the Council. UNFINISHED BUSINESS #1. RE: Requesting that the Administration hold a hearing regarding a request to convey an alley which runs through the grounds on the PacifiCorp Highland Drive substation. Compensation will be tendered and no impact to other property owners, as the petitioner owns all abutting properties and the alley is being maintained along with the rest of the facilities. (Note: Please see Item C-3) Councilmember Lambert moved and Councilmember Jergensen seconded not to call for a hearing, which motion carried, all members voted aye. (W 04-4) 04 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 1, 2004 #2. RE: Consider taking action approving the termination of Salt Lake City' s membership in the Utah Telecommunication Open Infrastructure Agency (UTOPIA) , and authorizing the Chair to send written notice to UTOPIA of Salt Lake City's withdrawal of membership. Note: Items F-2 and F-3 were addressed together. #3. RE: Setting the date of June 17, 2004 at 7:00 p.m. to accept public comment and consider adopting a resolution approving the First Amended and Restated Interlocal Cooperative Agreement of the Utah Telecommunication Open Infrastructure Agency (UTOPIA) . Councilmember Love moved and Councilmember Saxton seconded to set the date of June 17, 2004 at 7:00 for a public hearing. Councilmember Lambert said the City Attorney' s Office indicated he did not have a conflict of interest on this issue. He said he was allowed to participate in the discussion and vote on the issue. Councilmember Love said she could not see a downside to remaining in UTOPIA. She said she believed the City would not lose anything even if UTOPIA did not succeed. She said she was concerned the City could potentially lose approximately $200,000 by leaving UTOPIA. She said she was not certain the money would be recovered but considering the tight budget every dollar was important. She said by remaining in UTOPIA the City would continue to have a voice and maintain its options. Councilmember Buhler said the Council voted not to put taxpayer money at risk and felt the City would not lose anything by leaving UTOPIA. He said he believed continued membership sent a disingenuous message about the City's participation in UTOPIA. He said he did not believe UTOPIA would turn the City down if a request was made to rejoin at some point in the future. He said Salt Lake had the largest population base and installation costs were lower than other places. He said he was concerned about sending a mixed message and would vote against the motion. Councilmember Saxton said she felt it was too early and would be disingenuous for the Council to decide the City should not participate in UTOPIA or in the benefits of a fiber optic system. She said she felt the City had everything to gain and nothing to lose by continued membership. She said she felt the proposal would benefit residents and wanted the City to continue its membership. Councilmember Jergensen said the Council decided against committing City residents to a guarantee and he did not see any benefit to remaining in UTOPIA. He said he was concerned that being a member of UTOPIA but not actively participating left the City in a state of limbo. He said he felt there were options/opportunities outside UTOPIA the City could take advantage of. He said one area of concern involved handling private sector vendors who made commitments to the City. Councilmember Jergensen said membership in UTOPIA might discourage private sector participation because the City might become a competitor. He said he would vote against the motion but wanted the Council to continue to pursue a broadband policy which was critical to the City. Councilmember Turner said he agreed with Council Members Buhler and Jergensen. He said he believed this was a bonding issue and was concerned about financial institutions using the City' s good name. He said he felt there was a loss potential for the City and would vote against the motion. 04 - 4 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DUNE 1, 2004 Councilmember Love said during the public process private providers discussed their commitment to improve services. She said she was concerned about the impact on providers if the City did not intend to improve its fiber optic network. She said as long as the City kept options open there was a greater incentive for private providers to live up to their commitments. Councilmember Buhler said even though the extent was unknown, the Attorney's Office indicated the City could face legal liability by remaining a member of UTOPIA. He said if the UTOPIA project ran into serious trouble, Salt Lake might be sued because people felt the City had deep pockets. Councilmember Christensen said he believed investors and bond holders would examine and disclose every detail of the proposal. He said although exposure existed, he felt UTOPIA had made a fair attempt to limit the liability. He said the City was continuously exposed to risk but that was not a reason to turn away from a public policy. He said remaining in UTOPIA kept the City' s options open for addressing a larger broadband policy. He said he felt there was merit to UTOPIA's concept and remaining a member was an advantage. Councilmember Lambert said he did not participate in previous discussions and did not have enough information to make a decision. He said he needed more time to review the issue and would support the motion for a hearing. He said he was persuaded the City needed to keep options open. He said he questioned why the City would limit options before deciding to develop its own policy. He said he was concerned when Council Members suggested the City was better off providing telecommunication services by itself instead of with a large group. Councilmember Lambert said the City Attorney' s Office and UTOPIA had a different opinion concerning what was meant by remaining a member of UTOPIA. He said he wondered if membership meant the City was simply keeping options open or was it a commitment which would allow UTOPIA to build a telecommunication system in the City. He said there was also a question whether the City could unilaterally withdraw its membership if it chose to pursue a different course of action. He said the Council needed to understand the affect and consequences of UTOPIA membership. Councilmember Christensen called for the question. The motion carried, all members voted aye, except Council Members Buhler, Jergensen, and Turner, who voted nay. (C 03-132) CONSENT AGENDA #1. RE: Approving the appointment of John Richard deJong to the Transportation Advisory Board for a term extending through September 25, 2006. (I 04-16) #2. RE: Setting the date of June 10, 2004 at 7:00 p.m. to accept public comment and consider adopting an ordinance to amend Salt Lake City Ordinance No. 58 of 2003 which approved, ratified and finalized the budget of Salt Lake City, Utah, including the employment staffing document, for the Fiscal Year beginning July 1, 2003 and ending June 30, 2004. (Budget Amendment No. 4) (B 04-9) #3. RE: Setting the date of June 17, 2004 at 7:00 p.m. to accept public comment and consider adopting a resolution accepting the study performed in compliance with Utah Code Section 10-8-2 pertaining to the Small Business Revolving Loan Fund, 04 - 5 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 1 , 2004 amending the criteria upon which loans may be made from this fund, and adopting the budget for the Small Business Revolving Loan Fund of Salt Lake City for Fiscal Year 2004-2005. (B 04-10) #4. RE: Setting the date of June 17, 2004 at 7:00 p.m. to accept public comment and consider adopting a resolution accepting the study performed in compliance with Utah Code Section 10-8-2 pertaining to the Housing Trust Fund, establishing criteria upon which loans may be made from this fund, and adopting the budget for the Housing Trust Fund of Salt Lake City for Fiscal Year 2004-2005. (B 04-11) Councilmember Jergensen moved and Councilmember Saxton seconded adopt the Consent Agenda, which motion carried, all members voted aye. The meeting adjourned at 8:29 p.m. sc 04 - 6