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12/08/2005 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, DECEMBER 8 , 2005 The City Council of Salt Lake City, Utah, met in Regular Session on Thursday, December 8, 2005, at 7:15 p.m. in Room 315, City Council Chambers, City County Building, 451 South State. The following Council Members were present: Van Turner Dave Buhler Eric Jergensen Nancy Saxton Jill Remington Love Dale Lambert The following Councilmember was absent: Carlton Christensen Cindy Gust-Jenson, Executive Council Director; Rocky Fluhart, Deputy Mayor; Larry Spendlove, Senior City Attorney; and Chris Meeker, Deputy City Recorder were also present. Councilmember Lambert presided at and conducted the meeting. #1. The Council led the Pledge of Allegiance. #2. Councilmember Turner moved and Councilmember Jergensen seconded to approve the minutes of the Salt Lake City Council meetings held November 1, 15, and 17, 2005, which motion carried, all members present voted aye. View Minutes (M 05-1) #3. Councilmember Jergensen moved and Councilmember Love seconded to recess as City Council and convene as the Board of Canvassers, which motion carried, all members present voted aye. Councilmember Buhler moved and Councilmember Jergensen seconded to approve the minutes of the Board of Canvassers meetings held November 15, 2005 at 12:15 p.m. and 7:00 p.m. , which motion carried, all members present voted aye. View Minutes Councilmember Saxton moved and Councilmember Jergensen seconded to recess as the Board of Canvassers and re-convene as the City Council, which motion carried, all members present voted aye. PUBLIC HEARING #1. RE: Accept public comment and consider adopting an ordinance amending Section 12.56.440 of the Salt Lake City Code, relating to stopping or parking prohibited in certain areas. View Attachment Councilmember Jergensen moved and Councilmember Love seconded to close the public hearing and refer the matter to the December 13, 2005 City Council meeting, which motion carried, all members present voted aye. (0 05-28) #2. RE: 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. View Attachment Councilmember Saxton moved and Councilmember Turner seconded to close the public hearing, which motion carried, all members present voted aye. Councilmember Turner moved and Councilmember Jergensen seconded to adopt Ordinance 83 of 2005, which motion carried, all members present voted aye. 05 - 173 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, DECEMBER 8 , 2005 (B 05-4) #3. RE: 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 re-adopted the final budget for fiscal year beginning July 1, 2005 and ending June 30, 2006. (Budget amendment No. 3) View Attachment Dave Spatafore spoke in support of the ordinance specifically for the Sports Complex. Jeff Salt, Executive Director for Great Salt Lakekeeper spoke in opposition of the ordinance specifically for the Sports Complex. Councilmember Turner moved and Councilmember Saxton seconded to close the public hearing, which motion carried, all members present voted aye. Mr. Fluhart said concern had been raised regarding the environment of the Jordan River. He said the City's intent was to build the complex complimentary to the environment because Jordan River was important to the City. Councilmember Jergensen said the budget amendment provided for an environmental analysis. Councilmember Love asked Mr. Fluhart if commitments had been made to the Great Salt Lakekeeper group with regard to mitigation. Mr. Fluhart said many discussions had taken place regarding environmental issues. He said the design of the facility would take into consideration environmental issues. Rick Graham, Public Service Director, said many discussions had taken place regarding environmental issues. He said many of the environmental groups felt the complex should be located somewhere else. He said the City looked at other sites and found that to provide the best location for the greatest value, the North Rosewood Park site was the best. He said no commitment had been made to environmental groups other than the design would be sensitive to environmental impact. He said the conceptual design showed a buffer between the river corridor and the Sports Complex. He said the river corridor would be maintained as a trail system. Councilmember Turner moved and Councilmember Saxton seconded to adopt Ordinance 84 of 2005, which motion carried, all members present voted aye. (B 05-10) #4. RE: a. Accept public comment and consider adopting an ordinance amending and enacting specified Sections of Chapters 5.71, 5.72 and 16. 60, of the Salt Lake City Code, pertaining to ground transportation. View Attachment b. Accept public comment and consider adopting a resolution expressing the City Council' s 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 a form of regulation. The following spoke in opposition to the ordinance and resolution. Brian Johnson, William Ingram, Kuute Rife, George Eichert, Don Barron; Director of Yellow Cab, Charles Free, Slobodan Ilijic, Mark Hatch; Director of Yellow Cab, Adawe Hussein, Ken Olsen, Jim Curtis, Bruce Jackson, Irfan Ahmad, Heath Martin, Ardulamiy Al-Asadi, Daniel Siraj, Almoh Bahaji, Misitana Taele, Paul Rosander, Dave Jackson; Owner of City Cab, Scott French; representing some hotels in Salt Lake City, Don Winder, Ray Ridge, Shawky Taha, 05 - 174 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, DECEMBER 8 , 2005 Derl McMeekin, and Vern Brown. Councilmember Saxton moved and Councilmember Turner seconded to close the public hearing, which motion carried, all members present voted aye. Councilmember Buhler moved and Councilmember Saxton seconded to adopt Resolution 66 of 2005, regarding taxicab service in Salt Lake City and Ordinance 87 of 2005 amending and enacting specified sections of Salt Lake City Code Chapters 5.71, 5.72, and 16. 60 pertaining to ground transportation with the following amendments: That the effective date of the ordinance be 30 days from the Council's action and that the first paragraph of Section 5.72 titled Application-Fee Required be revised to read: "At the time the application is filed, the applicant shall pay to the department a fee of seventy five dollars ($75) and further move that one year from now the fee would be increased to one hundred dollars ($100) , which motion carried, all members present voted aye except Councilmember Lambert who voted nay. Councilmember Buhler said there were two matters before the Council, a proposed ordinance change and a new resolution. He said the ordinance would become law and the resolution was an expression of the Council' s intent. He said citizens commenting seemed to be confused about the resolution becoming law. He said he wanted to comment on some of the citizen's comments. He said the current system was not a free market system. He said Council consultant Dr. Mundy said cities that had tried total deregulation ended up with poor service. He said there was nothing in the ordinance that required a reduction of taxi fleet. He said reduction of taxi fleet was mentioned as a goal in the resolution based on Dr. Mundy's study. He said there was nothing in the ordinance restricting the number of taxicabs at the Airport. He said the Ordinance provided the Director of Airports with the authority to regulate taxi service at the Airport. He said this would provide flexibility. He said back ground checks were required of all ground transportation drivers. He said the license fee of $35 moving to $75 applied to all ground transportation drivers. He said the City's estimated cost for background checks was $172. He said what constituted a limousine was not just wheel base but other requirements including being a luxury vehicle. Councilmember Buhler said at the request of taxicab companies, the City Council had required all ground transportation drivers to obtain a City driver's license. He said the March 1 deadline for taxicab companies to file a request for rate increase was eliminated. He said a second hearing had been authorized within the calendar year for rate increases if special circumstances occurred. He said the flag drop rate was increased to $2. He said the minimum airport fare had been increased by $2. Councilmember Buhler said the proposed ordinance would eliminate the minimum amount of cab days, required ground transportation business other than taxicabs to have the name of the passenger listed on a manifest 30 minutes before picking up, allowed hotel vehicles to provide on demand service only to and from the hotel to a public terminal, required limousines to charge a passenger $30 if the passenger requested on-demand services, made it unlawful for hotel employees to receive financial compensation for furnishing passengers or luggage to a driver of a ground transportation vehicle, and made it unlawful for dispatchers of taxicab companies to receive tips from drivers. Councilmember Buhler said the approach was fair and balanced. He said the resolution addressed harnessing market forces and competition in order to improve service. He said if the Council had added more regulation which could not be enforced rates would be raised above the $75 to pay for enforcement. Councilmember Buhler referred to Page 3 of resolution for long term goals. 05 - 175 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, DECEMBER 8 , 2005 Councilmember Saxton said the citizens who spoke at public hearings made a difference. She said the desire to regulate taxi cabs was due to the obligation to provide 24 hour service for all Salt Lake citizens. She said enforcement of the ordinance was necessary. Councilmember Jergansen said the Ordinance and resolution met the Council's goal of changing the way taxicabs and other ground transportation businesses were regulated. He said they provided for better service and a better living for taxicab drivers. Councilmember Lambert said it was clear the Council wanted to make cab driving more profitable for drivers. He said the Council also wanted to improve service. He said the disabled population was a big issue. He said he was not sure of the direction the Council was going and for that reason he would vote against the ordinance. (0 05-2) COMMENTS TO THE MAYOR Councilmember Buhler wanted to give the Ground Transportation Ordinance 30 days before publishing so the administration could notify all interested parties including hotels, other ground transportation providers, etc. of the changes to the ordinance. Mr. Fluhart said that could be done. (M 05-1) UNFINISHED BUSINESS #1. RE: Adopting a resolution authorizing Salt Lake City to accept the US Department of Housing and Urban Development Economic Development Initiative Grant. (Related to Budget Amendment No. 3, Item C3) View Attachment Councilmember Jergensen moved and Councilmember Turner seconded to adopt Resolution 67 of 2005, which motion carried, all members present voted aye. (C 05-824) #2. RE: Adopting a motion to reconsider the adoption of the Transit Corridor zoning, particularly the boundary of the area that was identified for additional review. Councilmember Love moved and Councilmember Saxton seconded to reconsider the Transit Corridor zoning TC-75, particularly the boundary of the area that was identified for additional review, which motion carried, all members present voted aye. (P 02-14) #3. RE: Reconsider adopting Ordinance 76 of 2005 amending the Salt Lake City Code to create Transit Oriented Zoning District, rezoning property along the east-west light rail corridor and amend the Central Community Master Plan (Petition No. 400-01- 48 and Petition No. 400-01-12, Transit Oriented Development) Councilmember Love moved and Councilmember Jergensen seconded to create a new Transit Corridor zoning district, TC-75, amending the Central Community Master Plan, rezoning properties along 400 South from 200 to 700 East, and further move that the Council refer action regarding rezoning properties on the north and south sides of 400 South east of 700 East to a future Council meeting, which motion carried, all members present voted aye. Councilmember Love said when Councilmember Saxton made the original motion at the City Council meeting on Tuesday December 6, 2005 a block had been left in at 925 East which 05 - 176 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, DECEMBER 8 , 2005 should be removed for action at a future date. Councilmember Saxton asked that the administration also look at the Salt Lake Clinic area. Ms. Coffey said the Salt Lake Clinic area would need to go through the Community Council and Planning Commission process. (P 02-14) #4. RE: Adopting a legislative action to add an honorary name of "Rosa Parks Boulevard" to 200 East between South Temple and 600 South. Councilmember Saxton moved and Councilmember Jergensen seconded to add an honorary name of "Rosa Parks Boulevard" to 200 East between South Temple and 600 South, which motion carried, all members present voted aye. (G 05-29) CONSENT AGENDA Councilmember Buhler moved and Councilmember Jergensen seconded to adopt the Consent Agenda, which motion carried, all members present voted aye. #1. RE: a. Adopting Resolution 68 of 2005, authorizing Salt Lake City to accept the State of Utah, Department of Public Safety Grant. (C 05-825) b. Adopting Resolution 69 of 2005, authorizing Salt Lake City to accept the State of Utah, Department of Criminal and Juvenile Justice Grant. View Attachment (C 05-826) (Items related to Budget Amendment No. 3, Item C3) The meeting adjourned at 8:59 p.m. cm 05 - 177