11/17/2005 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
THURSDAY, NOVEMBER 17 , 2005
The City Council of Salt Lake City, Utah, met in Regular Session on Thursday,
November 17, 2005, at 7:30 p.m. in Room 326, Committee Room, City County Building, 451
South State.
The following Council Members were present:
Carlton Christensen Van Turner Nancy Saxton
Dave Buhler Dale Lambert Eric Jergensen
Jill Remington Love
Rocky Fluhart, Deputy Mayor; Cindy Gust-Jenson, Executive Council Director; and Scott
Crandall, Deputy City Recorder; were present.
Councilmember Lambert presided at and conducted the meeting.
UNFINISHED BUSINESS
#1. RE: Adopting a franchise ordinance with Qwest Broadband Services, Inc. View
Attachment
Councilmember Lambert asked representatives from Comcast and Qwest to present comments
to the Council. Steve Proper, Comcast Government Affairs Director, and Scott Tenney,
Comcast Utah General Manager, and Jerry Fenn, Qwest President, and Jim Campbell, Qwest
Outside Legal Counsel, made presentations to the Council.
The presentations were followed by comments/questions from Council Members. Comments
included build-out requirements, market competition, equal/fair treatment, providing
multiple services or choices, renewal process, public input, special exceptions,
deployment timeline/ strategies, potential impacts, prohibitive costs, infrastructure,
barriers, open negotiations, unfair competition, policy decisions, proprietary issues,
response to resident needs, using existing facilities, second entrant obligations,
targeting specific areas, economic spectrum, high density areas, subscription rates,
and capital expenditures and investments. See files 0 05-29 and M 05-4 for written
comments and complete discussion.
Councilmember Lambert said he spoke with the Attorney's Office regarding a potential
conflict of interest relating to Comcast. He said the Attorney' s Office said his
involvement did not create a legal conflict and he could participate in the discussion
and vote.
Councilmember Buhler moved and Councilmember Turner seconded to adopt Ordinance 81 of
2005.
Councilmember Christensen said he appreciated Qwest' s interest in getting into the
market but had concerns. He said aside from collecting taxes, he felt the City showed
wisdom in regulating franchises because residents could be assured of receiving some
level of service. He said requiring an immediate or near-term build-out was probably
unreasonable/unfeasible if the City wanted to attract a second entrant into the market.
He said he was concerned about the City's regulatory role in granting franchises and
the impact on competition. He said he felt the process needed to contain some kind of
performance requirement.
Councilmember Turner said there had been a lot of discussion about competition. He
said he hoped competition between providers would result in better service, pricing
and choices for customers.
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
THURSDAY, NOVEMBER 17 , 2005
Councilmember Buhler said the City was in an increasingly competitive environment for
voice, video and data services. He said Qwest would either succeed and build-out or
they would fail. He said Comcast indicated they planned to expand their business by
providing telephone service throughout the City. He said development of additional
cable and telephone services would have a positive impact on the City.
Councilmember Jergensen said he agreed with Councilmember Buhler. He said during
earlier discussions about UTOPIA, the Council felt it was important for the City to
benefit from the triple-play format of voice, video and data services. He said the
Council felt the private sector was better equipped to provide services than municipal
government. He said he felt the current proposal was an evolving part of the UTOPIA
decision made a year and a half ago. He said without build-out requirements, Comcast
and Qwest would be able to develop and provide triple-play services to the largest
number of constituents. He said he hoped competition would encourage growth and
increase service levels.
Councilmember Love said she thought some competition was better than no competition.
She said she was sympathetic to Comcast' s arguments but felt they were decades ahead.
She said she supported the motion and hoped City residents would receive the best
service.
Councilmember Lambert said he felt competition needed to be promoted because it was a
foundational principal and provided improved service and pricing. He said fairness
was an important issue and one party should not be given a competitive advantage over
another when government was involved. He said a new agreement was being negotiated
with Comcast and he believed the City had an opportunity to make a fair and competitive
playing field. He said he would support the motion.
Councilmember Lambert called for the question, which motion carried, all members voted
aye, except Councilmember Christensen, who voted nay.
(0 05-29)
#2. RE: Adopting an ordinance rezoning properties located within the general area
of 410 West 2300 North on the Lake Bonneville Bench area from Open Space to Natural
Open Space pursuant to Petition No. 400-05-20. (text and mapping)
The item was not discussed.
(0 05-25)
CONSENT AGENDA
Councilmember Buhler moved and Councilmember Jergensen seconded to adopt the
Consent Agenda, which motion carried, all members voted aye.
#1. RE: Setting the date of December 8, 2005 at 7:00 p.m. to accept public
comment and consider adopting an ordinance amending Salt Lake City Ordinance 26 of
2005 which adopted the final budget of Salt Lake City, Utah, and Ordinance 48 of 2005
which ratified and readopted the final budget for fiscal year beginning July 1, 2005
and ending June 30, 2006. (Budget Amendment No. 3)
(B 05-10)
#2. RE: Setting the date of December 8, 2005 at 7:00 p.m. to accept public comment
and consider adopting an ordinance adopting the Solid Waste Management Facility budget,
as prepared and submitted by the Salt Lake Valley Solid Waste Management Council for
calendar year 2006, subject to specific policy directives.
(B 05-4)
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
THURSDAY, NOVEMBER 17 , 2005
#3. RE: Setting the date of December 13, 2005 at 7:00 p.m. to accept public comment
and consider adopting the Housing Policy Statements.
(R 05-18)
#4. RE: Setting the date of December 8, 2005 at 7:00 p.m. to accept public comment
and consider adopting an ordinance amending and enacting specified Sections of Chapters
5.71, 5.72 and 16.60, Salt Lake City Code, pertaining to ground transportation.
(0 05-2)
#5. RE: Setting the date of December 8, 2005 at 7:00 p.m. to accept public comment
and consider adopting a resolution regarding taxicab service in Salt Lake City that
gives the City Council notice of its intent to change the taxicab regulatory system
within Salt Lake City from a certificate of public convenience and necessity to a
contract form of regulation.
(0 05-2)
The meeting adjourned at 10:26 p.m.
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