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05/14/2002 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MAY 14 , 2002 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, May 14, 2002, at 6:00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State, Salt Lake City, Utah. The following Council Members were present: Carlton Christensen Van Turner Nancy Saxton Jill Remington Love Dave Buhler Eric Jergensen Dale Lambert Mayor Ross C. "Rocky" Anderson; Cindy Gust-Jenson, Council Executive Director; and Chris Meeker, Chief Deputy City Recorder, were present. Councilmember Buhler presided at and Councilmember Christensen conducted the meeting. #1. The Council led the Pledge of Allegiance. #2. Alexius Gallegos, Library Board President, presented the proposed Salt Lake Library budget amendment for fiscal year 2002-2003. View Attachment Mr. Gallegos gave Council Members the Library's Operating and Capital Budget book. He said in January of 2003 the Anderson Foothill Library branch would be expanded and the construction of the new Main Library would be completed. He said the Library would not ask for a tax increase at this time. He said the Library would put unused operational funds, in a contingency fund in anticipation of the operation of the new Main Library. (See File B 02-3 for Library budget book) #3. Councilmember Turner moved and Councilmember Love seconded to approve the minutes of the City Council meeting held May 7, 2002, which motion carried, all members voted aye except Councilmember Jergensen who was absent for the vote. (M 02-1) COMMENTS TO THE MAYOR FROM THE CITY COUNCIL Councilmember Turner asked Mayor Anderson if he had any new information with regard to the railroad litigation. Mayor Anderson said the appeal was still in process. He said he was in negotiation with the Union Pacific President to ameliorate the impacts on the neighborhood. Councilmember Saxton read a letter from a citizen regarding the unsupervised skateboard park at Jordan Park. She said other cities with skateboard parks had supervision. She asked the Mayor what was going to be done with regard to supervision at Jordan Park. Mayor Anderson said he would talk with Rick Graham, Director of Public Services, and the parks staff. He said enforcement action might need to be taken. Councilmember Jergensen commented regarding a fraternity house on the University of Utah campus. He said it was his hope that the Mayor and Council remained a united front. Mayor Anderson agreed. He said the home would now be a single-family dwelling or University offices. COMMENTS TO THE CITY COUNCIL Kamie Vailea, Impound Lot supervisor, said $300,000 had recently been invested in the impound lot. She said the lot was claim free and had no break-ins. 02 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MAY 14, 2002 Tom McCreary said he was a small moviemaker. He read from a lawsuit with New York City pertaining to sidewalk entertainment and art displays. Robert Howard said he was an art promoter and artist. He gave the Council a newspaper article pertaining to sidewalk entertainment and art displays. Tomas Tholen said he taught Art at East High School and was a working artist. He said it was difficult to get into gallery. He said most artists did not qualify. He said if artists did qualify they would lose 50% of the sale to the gallery. Steven White said he had been an artist for 32 years. He asked the Mayor and City Council to use public property to promote and display artwork of children as a gift of art for children. PUBLIC HEARING #1. RE: Accept public comment and consider adopting an ordinance amending Section 5.04.070, Salt Lake City Code, relating to license fees levied; enacting Article VII of Chapter 5.64, pertaining to sidewalk entertainment and art displays; enacting Chapter 14.38 relating to sidewalk entertainment and artists; amending Section 15.08.040, pertaining to advertising material distribution within parks; amending Section 15.08.060, pertaining to business activities within parks; and amending Section 15.08.170, pertaining to selling merchandise within parks. ACTION: Councilmember Turner moved and Councilmember Saxton seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Jergensen moved and Councilmember Buhler seconded to adopt Draft #2 enacting article VII of Chapter 5.64, pertaining to sidewalk entertainment and art displays; enacting Chapter 14.38 relating to sidewalk entertainment and artists; amending Section 15.08.040, pertaining to advertising material distribution within parks; amending Section 15.08.060, pertaining to business activities within parks; and amending section 15.08.170, pertaining to selling merchandise within parks for Ordinance 22 of 2002 with the adjustment to the age from 16 to 18, which motion carried, all members voted aye. DISCUSSION: Councilmember Buhler said Draft No. 1 and Draft No. 2 were intended to encourage free expression including live performances by artists and displays of artwork by artists on public streets and public parks in certain areas to be determined by the Public Services Department. He said Draft No. 2 had an appropriate balance. He said Draft No. 2 gave special encouragement to youth by exempting people 16 years and under registration or business license fee requirements. He said others selling art were also exempted up to and including 12 times per year and did not have to register or pay a fee. He said Draft No. 2 require that those over 16 and who sold art more than 12 times in a given year would pay a $50 business license fee, the same as a home business license. He said displaying art for free or performing for free did not apply. He said the fee was less than a commercial business fee. He said another difference between Draft 1 and Draft 2 was that Draft 2 included a sunset provision of one year, offering an opportunity for review in a year. Councilmember Love said she appreciated the compromise made by other Council Members with regard to the ordinance. She said this encouraged and simplified the process. She said consistency was necessary in the way the City treated businesses. She said the ordinance was an incentive to artists. (0 02-11) 02 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MAY 14 , 2002 #2. RE: Accept public comment and consider adopting an ordinance amending the Salt Lake City Code, regarding sidewalk-vending carts, pursuant to Petition No. 400-00-41. ACTION: Councilmember Saxton moved and Councilmember Turner seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Saxton moved and Councilmember Buhler seconded to adopt Ordinance 23 of 2002, with the following amendments: The amount of the permit to be $175, as recommended by the planning commission, the coordinates remain as was given in the third option with the exception of the southern dimension; to 600 South and vending carts would be located 100 feet from a like business, which motion carried all, members voted aye. DISCUSSION: Cindy Gust-Jenson asked that a correction on Page 6 of the paperwork for sidewalk vending carts be noted. She said Section 5.65.120 A, was one vending cart rather than five vending carts on each block face. Ms. Gust-Jenson said the new ordinance would allow one vending cart per block face except Main Street where two vending carts would be allowed. She said current licenses expired on December 31 and would be honored until expiration. Rod Sabino, owner of Sabino's Coffee Cart located in front of Hotel Monaco on private property, said every 14 days he had to renew his zoning permit due to the cart being located on private property. Randy Sorensen, Chair of West Side Community Council, said he was concerned with food preparation, waste, and cleanliness of vending carts. Jay Ingleby, West Salt Lake Community Council, said the Board of Health inspected vending carts once per year. He said he was concerned with health issues and liability insurance. He said vending carts should not be located in residential areas. Joy Gringrich, Owner of the Taco Time Restaurant on the corner of 800 South and State Street, said vending carts were allowed to do business too close to other businesses. She said vendors were using her business premises. She said there should be one vending cart per City block. Kyoko Bannai, owner of KoKo Kitchen, said she had applied for a permit for a vending cart and was asked to measure the area she had applied for. She said she did not understand why. She said the City should already know the measurements. Rich Moreno, owner of Gurus restaurant, said the health department inspected vending carts often and was regulated. He said vendors were required to have hats and gloves. He said more space was needed for vending carts to allow for better equipment. Mr. Dansie said vending carts had been allowed on private property since 1988. He said Mr. Sabino's cart was too large for the existing ordinance. He said the new ordinance allowed larger carts and Mr. Sabino would be issued a permanent business license. He said the new ordinance would allow two vending carts per block face on Main Street between South Temple and 400 South and one vending cart per block face in the Downtown and Sugarhouse areas. He said the ordinance allowed for a 100 foot spacing from the entry to a restaurant, not other vending carts. He said license fees were not charged to vendors on private property. Councilmember Turner asked if limiting vending carts at intersections had been looked at. Mr. Dansie said that had been an issue. 02 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MAY 14 , 2002 Councilmember Saxton said it was important not to allow direct competition. She said most vending carts were taco carts. She said more variety was needed and should be encouraged. She said all required licensing should be displayed. Councilmember Lambert asked where vending carts were being located. Mr. Dansie said current vending areas were from North Temple to 900 South and the new ordinance would move the boundary to 600 South in the Central Business District. He said south of 600 South vendors could work with private property owners for vending sites. Councilmember Turner said small business competed against large corporations and were at a disadvantage. He said he was concerned with the number of vending carts at an intersection. (0 01-4) NEW BUSINESS #1. RE: Adopting a legislative action asking the Administration to re-evaluate the zoning ordinance relating to use definition, standards and parking requirements in the Commercial Neighborhood (CN) zoning districts. ACTION: Councilmember Love moved and Councilmember Jergensen seconded to suspend the rules, adopt and refer the issue to the Administration for review, which motion carried, all members voted aye. DISCUSSION: Councilmember Love said businesses in District 5 had parking problems. She asked the Administration and Zoning staff to look at other use definitions within the neighborhood business district. (0 02-12) UNFINISHED BUSINESS #1. RE: Adopting an ordinance amending Chapter 14.52 of the Salt Lake City Code to provide a procedure for the disposition of City owned alleys. ACTION: Councilmember Saxton moved and Councilmember Turner seconded to adopt Ordinance 24 of 2002, which motion carried, all members voted aye. (0 02-13) #2. RE: Adopting a resolution electing certain enhancements to the University Light Rail project; and directing Utah Transit Authority to undertake such enhancement as required by the University Light Rail Line Interlocal Agreement. ACTION: Councilmember Jergensen moved and Councilmember Turner seconded to adopt Resolution 23 of 2002, which motion carried, all members voted aye. (C 00-280) CONSENT AGENDA ACTION: Councilmember Saxton moved and Councilmember Love seconded to approve the Consent Agenda, which motion carried, all members voted aye. #1. RE: Approving the re-appointment of Brent Tippets to the Board of Appeals and Examiners for a term extending through March 1, 2007. (I 02-10) #2. RE: Approving the appointment of Randall Dixon to the Transportation Advisory Board for a term extending through September 29, 2003. 02 - 4 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MAY 14, 2002 (I 02-6) #3. RE: Approving the appointment of Joy Hartman to the Housing Advisory and Appeals Board for a term extending through December 31, 2004. (I 02-9) #4. RE: Setting the date of May 21, 2002 at 6:00 p.m. to accept public comment and consider adopting and ordinance amending Salt Lake City Ordinance 32 of 2001, which approved, ratified and finalized the Biennial Budget of Salt Lake Cit, Utah, including the employment staffing document of Fiscal Years beginning July 1, 2001 and ending June 30, 2002 and beginning July 1, 2002 and ending June 30, 2003. (Budget amendment No. 7) . (B 02-1) #5. RE: Setting the date of May 21, 2002 at 6:00 p.m. to accept public comment and consider adopting an ordinance approving a Memorandum of Understanding between Salt Lake City Corporation and Local 1004 of the American Federation of State, County and Municipal Employees (AFSCME) representing the "100 Series" City employees, which shall become effective on proper ratification and signature, or an ordinance implementing a compensation plan. (0 02-14) #6. RE: Setting the date of May 21, 2002 at 6:00 p.m. to accept public comment and consider adopting an ordinance approving a Memorandum of Understanding between Salt Lake City Corporation and Local 1004 of the American Federation of State, County and Municipal Employees (AFSCME) representing the "200 Series" City employees, which shall become effective on proper ratification and signature, or an ordinance implementing a compensation plan. (0 02-15) #7. RE: Setting the date of May 21, 2002 at 6:00 p.m. to accept public comment and consider adopting an ordinance approving the Compensation Plan for "300 and 600 Series" employees of Salt Lake City. (Professional employees) (0 02-16) #8. RE: Setting the date of May 21, 2002 at 6:00 p.m. to accept public comment and consider adopting an ordinance approving a Memorandum of Understanding between Salt Lake City Corporation and Local 1645 of the International Association of Firefighters representing the "400 Series" City employees, which shall become effective on proper ratification and signature, or an ordinance implementing a compensation plan. (0 02-17) #9. RE: Setting the date of May 21, 2002 at 6:00 p.m. to accept public comment and consider adopting an ordinance appropriating necessary funds to implement, for fiscal year 2002-2003, the provisions of the Memorandum of Understanding between the City and the Salt Lake Police Association, International Union of Police Associations, Local 75, AFL-CIO, representing the "500 Series" City Employees dated on or about July 1, 2001. (0 01-10) #10. RE: Setting the date of May 21, 2002 at 6:00 p.m. to accept public comment and consider adopting an ordinance approving the Compensation Plan for "700 Series" employees of Salt Lake City. (Regular part-time employees who perform essentially the same duties of employees classified by the City as 100 and 200 Series employees and work twenty or more but less than forty hours a week. ) (0 02-18) 02 - 5 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MAY 14, 2002 #11. RE: Setting the date of May 21, 2002 at 6:00 p.m. to accept public comment and consider adopting an ordinance approving the Compensation Plan for "800 Series" employees of Salt Lake City. (Employees covered by this plan shall be full time sergeants, lieutenants and captains in the City' s Police Department classified as 800 Series City employees. ) (0 02-19) #12. RE: Setting the date of May 21, 2002 at 6:00 p.m. to accept public comment and consider adopting an ordinance approving the Compensation Plan for "900 Series" employees of Salt Lake City. (Employees covered by this plan shall be full-time City employees classified as 900 Series exempt Fire Department employees. ) (0 02-20) #13. RE: Setting the date of May 21, 2002 at 6:00 p.m. to accept public comment and consider adopting an ordinance approving the Compensation Plan for Executive Employees and Elected Officials of Salt Lake City. (0 02-21) #14. RE: Setting the date of May 21, 2002 at 6:00 p.m. to accept public comment and consider adopting an ordinance approving a Compensation Plan for Non-Classified City Employees. (0 02-22) #15. RE: Setting the date of May 21, 2002 at 6:00 p.m. to accept public comment and consider adopting an ordinance adopting the final budget for the Library Fund of Salt Lake City, Utah for fiscal year 2002-2003. (B 02-3) #16. RE: Setting the date of May 21, 2002 at 6:00 p.m. to accept public comment and consider adopting an ordinance amending Salt Lake City Ordinance 43 of 2001 which adopted the rate of tax levy upon all real and personal property within Salt Lake City made taxable by law for the fiscal years 2001-2002 and 2002-2003. (0 02-24) #17. RE: Setting the date of May 21, 2002 at 6:00 p.m. to accept public comment and consider adopting an ordinance amending Section 12.56.210, Salt Lake City Code, relating to parking meters special use conditions and fees; and amending Section 14.12.130 relating to removal of parking meters. (0 02-23) #18. RE: Setting the date of May 21, 2001 at 6:00 p.m. to accept public comment and consider adopting an ordinance enacting Section 12.56.325, Salt Lake City Code, relating to loading zones and restricted parking - special use conditions and fees. (0 02-25) The meeting adjourned at 7 :31 p.m. cm 02 - 6