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07/02/2002 - Minutes (2) PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DULY 2, 2002 The City Council of Salt Lake City, Utah, met in a Work Session on Tuesday, July 2, 2002, at 5:30 p.m. in Room 326, City Council Office, City County Building, 451 South State Street. In Attendance: Council Members Carlton Christensen, Van Turner, Eric Jergensen, Nancy Saxton, Jill Remington Love, Dave Buhler, and Dale Lambert. Also in Attendance: Cindy Gust-Jenson, Executive Council Director; Mayor Ross C. "Rocky" Anderson; David Dobbins, Deputy Director of Community and Economic Development; Diana Karrenberg, Community Affairs Manager; Sandi Marler, Community Development Program Specialist; Dan Mule' , City Treasurer; Russell Weeks, Council Policy Analyst; Janice Jardine, Council Planning and Policy Analyst; Gary Mumford, Council Deputy Director/Senior Legislative Auditor; Laurie Dillon, Budget Analyst; Cheri Coffey, Northwest/Long Range Planner; Michael Sears, Council Budget and Policy Analyst; Janne Nielson, Council Constituent Liaison/Research and Policy Analyst; Rocky Fluhart, Chief Administrative Officer; Dennis McKone, Fire Department Administrative Assistant/Media Relations; Steven Allred, Deputy City Attorney; Margaret Hunt, Community and Economic Development Director; Mary Guy-Sell, Community and Economic Development; Doug Wheelwright, Land Use and Transportation/Subdivisions Planner; Elizabeth Giraud, Historic Preservation Planner; Lehua Weaver, Council Staff Assistant; DJ Baxter, Mayor' s Senior Advisor; Nazar Mohamed, Mayor's Research and Policy Analyst; David Nimkin, Mayor's Chief of Staff; Kelly Murdock, Wells Fargo Public Finance; Stephanie Duer, Water Conservation Coordinator; and Beverly Jones, Deputy City Recorder. Councilmember Buhler presided at and conducted the meeting. The meeting was called to order at 5:32 p.m. AGENDA ITEMS #1. REPORT OF THE EXECUTIVE DIRECTOR, INCLUDING REVIEW OF COUNCIL INFORMATION ITEMS AND ANNOUNCEMENTS. Cindy Gust-Jenson said Item A-3, was the Etsuko Oqura Freeman board appointment. She said Ms. Freeman was currently employed by Salt Lake City. She said her employment would end soon, so the Council could move ahead with the interview. She said official action would not be taken until Ms. Freeman was no longer a City employee. She said Item B-2, the joint resolution declaring opposition to the Yucca Mountain, Nevada Nuclear Waste Repository, was a formal resolution and all Council Members would not sign it. Ms. Gust-Jenson said all three public hearings were related so comment could be accepted on all of them at one time. Councilmember Buhler suggested they hold the public hearings and then defer final action until all issues had been resolved. #2. INTERVIEW HUBERT CHANG PRIOR TO CONSIDERATION OF HIS APPOINTMENT TO THE SISTER CITIES BOARD. Mr. Chang said he came from the Republic of China. He said he worked with computers at Salt Lake County. He said he did community service and had worked for Sister Cities. #3. INTERVIEW ETSUKO OQURA FREEMAN PRIOR TO CONSIDERATION OF HER APPOINTMENT TO THE SISTER CITIES BOARD. 02 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DULY 2, 2002 Ms. Freeman said she had lived in Japan until she was 11 years old. She said she had spent the rest of her life in Salt Lake City. She said she loved gardening, flower arranging and teaching ceramics to children. #4. INTERVIEW BRUCE KALISER PRIOR TO CONSIDERATION OF HIS APPOINTMENT TO THE SISTER CITIES BOARD. Mr. Kaliser said he was a former State engineering geologist. He said for the past 12 years he had been a consulting geologist in private practice. He said he had strong international interest. He said he had performed pro bono work all over the world. #5. RECEIVE A BRIEFING REGARDING MOBILE ICE CREAM VENDORS INCLUDING ADMINISTRATIVE FEES, A PERMIT APPLICATION PROCESS, RELATED OPERATING STANDARDS AND SAFETY AND PUBLIC PEACE RESTRICTIONS. View Attachment Nazar Mohamed and Russell Weeks briefed the Council from the attached handout. Mr. Weeks said the Attorney's Office had said sounds broadcast by ice cream trucks could not be limited to music only. Mr. Mohamed said the Administration was sending copies of the proposed ordinance to various ice cream vendors for comments. He said there was concern about refrigeration of ice cream products. He said the Salt Lake Valley Health Department did not inspect ice cream products because they were prepackaged. Mr. Mohamed said the City would have to go through the Department of Agriculture for inspections. Councilmember Love asked about the $80 fee. Mr. Mohamed said before any business applicant could obtain a business license they had to go through the Utah Investigation Bureau. He said the Bureau charged a $50 fee. He said the proposed ordinance stated that the fee would not exceed $80. Councilmember Love asked if the proposed ordinance could require random searches of the vendors' trucks. Councilmember Buhler said staff needed to check with the Attorney's Office on random searches to make sure there were no legal issues. Councilmember Saxton requested information on whether there had been any vendors arrested after being reported for suspicious behavior. She said she supported having flashing lights on vending trucks. Councilmember Lambert asked what kind of driver's license was needed to drive an ice cream truck. Mr. Mohamed said the individual drivers needed to apply for an operator' s license. He said companies would be in charge of training the drivers. Councilmember Lambert said he supported safety regulations but he did not want to regulate vendors out of business. Councilmember Jergensen said he had watched people hit their brakes and swerve as kids ran between parked cars and trees to get to ice cream vendors. He said the proposed ordinance only allowed trucks to stop on streets with speed limits less than 25 miles per hour. He said he was concerned about potential injuries to kids. Councilmember Turner said he was concerned about loud music coming from the trucks. He said the staff report suggested that no music could be played earlier than 10:00 a.m. or later than 7:00 p.m. or a half hour after sunset or whichever occurred first. He said he wanted to increase the time when vendors could sell their products. He said he wanted the wholesalers and the vendors to receive a copy of the proposed ordinance. 02 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JULY 2, 2002 Councilmember Buhler suggested that a subcommittee be formed with the Administration, wholesalers and vendors to work out details. Council Members Christensen, Love, and Turner said they would be on the subcommittee. #6. RECEIVE A BRIEFING REGARDING THE TAX AND REVENUE ANTICIPATION NOTES. View Attachment Dan Mule' , Gary Mumford, and Kelly Murdock briefed the Council from the attached handout. Mr. Mule' said $25 million in tax anticipation notes would be issued. Mr. Murdock said the current interest rate estimated the City' s yield for borrowing on a one-year basis to be as low as 1.6%. #7. RECEIVE A BRIEFING REGARDING A TEMPORARY MORATORIUM STAYING THE ENFORCEMENT OF THE CITY' S PARK STRIP LANDSCAPING REQUIREMENTS. View Attachment Cheri Coffey, Stephanie Duer, Janne Nielsen, Janice Jardine, David Dobbins and David Nimkin briefed the Council from the attached handout. Councilmember Buhler asked if the Administration had requested that the park strip ordinance not be enforced because of the drought situation. Mr. Nimkin said there was a three-year cycle which allowed plants on parking strips to mature. He said during the three-year period, a person could not be cited. Councilmember Buhler asked if a person had rocks and no plants in their strip and a neighbor called and complained would that person be cited. Mr. Dobbins said they had put enforcement on hold pending the Council's decision. Councilmember Christensen said he was concerned a moratorium would allow people to place rocks in parking strips. Mr. Dobbins said the ordinance would be enforced as written if no changes were made. Councilmember Saxton asked if an owner would be cited if they chose not to water grass in the parking strip and the grass died. Ms. Duer said the ordinance referred to 1/3 of the parking strip being covered with plants, the current ordinance did not reference dormancy. Councilmember Saxton said she supported the current ordinance. Councilmember Saxton, Lambert, Jergensen and Christensen were not in favor of the moratorium. #8. RECEIVE AN UPDATE FROM THE COUNCIL SUBCOMMITTEE REGARDING IMPACT FEES. Michael Sears and David Dobbins briefed the Council. Councilmember Christensen said other sources of funding to pay for impact fee exemptions granted primarily to nonprofits had been looked at. He said 160 units at the City Front Apartments would have a significant impact on the City and the infrastructure. He said even though the project was low income in nature, it had a for-profit partner. He said the subcommittee felt no one should be exempt from impact fees . He said the City could look at tools such as a no interest loan as part of a deal. Mr. Sears said if the Council supported no exemptions the impact fee schedule would be amended, the exemptions would be eliminated for development which showed a net positive impact, and the exemptions currently allowed for development activity which was funded or subsidized by the City or the Redevelopment Agency (RDA) would be eliminated. He said the Council could specify funding sources. 02 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DULY 2, 2002 Council Members were in favor of advancing this item and holding a public hearing on impact fees. Councilmember Jergensen said it would be helpful to hold a discussion with some of the nonprofit organizations. Mr. Dobbins said they would discuss the issue with the nonprofit organizations they worked with. #9. HOLD A DISCUSSION REGARDING OPTIONS, COSTS AND DESCRIPTIONS OF POTENTIAL INTERNAL AUDITS. View Attachment Gary Mumford briefed the Council from the attached handouts. Councilmember Turner asked about cost to audit a larger department such as the Fire Department. Mr. Mumford said it would be an option to audit an entire department. He said it had cost approximately $250,000 when the Police Department was audited. Councilmember Buhler suggested a subcommittee be established to consider the issue. He said Council could use the ballot staff had prepared and list their priorities from one to ten. He said the subcommittee could look at the top ten and bring back a recommendation. Councilmember Love said she wanted to add traffic calming to the list. She said issues were raised in her district's community councils on traffic calming measures. Councilmember Buhler said the subcommittee could recommend priorities, set the scope for each audit, establish a budget for each audit, and review draft reports. He said it would be an ongoing subcommittee for the year. Council Members Christensen, Saxton and Jergensen said they would be on the subcommittee. The meeting adjourned at 9:39 p.m. bj 02 - 4 . • July 2 26oa MEMORANDUM DATE: June 28,2002 TO: City Council Members FROM: Russell Weeks RE: Proposed Ordinance Regulating Mobile Ice Cream Vendors CC: Cindy Gust-Jenson,Rocky Fluhart,David Nimkin,Steven Allred, Margaret Hunt,David Dobbins,Roger Evans,Edna Drake,Gary Mumford,Nazar Mohamed This memorandum is intended to address a proposed ordinance to enact regulations for mobile ice cream trucks.The Administration is scheduled to brief the City Council on the proposed ordinance at the Council's work session July 2. MATTERS AT ISSUE/QUESTIONS FOR CONSIDERATION • Is there a way to determine exactly how many businesses the proposed ordinance would affect? • Have owners or operators of mobile ice cream vending vehicles seen copies of the proposed ordinance? • Has the Business Advisory Board reviewed the proposed ordinance?If so,did the Board make any recommendations? • Does the proposed ordinance regulate the conduct of mobile ice cream vendors in City parks? • Does the City Council wish to hold a public hearing on the proposed ordinance? BACKGROUND/DISCUSSION The proposed ordinance would add mobile ice cream vending truck companies to businesses regulated by Salt Lake City.According to one estimate,there are somewhere between 20 to 30 mobile ice cream vendors operating within Salt Lake City.It is City Council staff's understanding that various community councils and residents have sought for some time to have ice cream vending trucks regulated in at least some manner.Of particular concern are potential safety hazards created by children's attraction to the ice cream vending trucks and the level of music coming from ice cream trucks as they travel through residential neighborhoods.There also apparently have been complaints about mobile ice cream vendors in City parks.The complaints largely appear to have involved the length of time vendors stay in one location in City parks while playing music from amplified systems. It should be noted that the Administration is attempting to contact mobile ice cream vending companies and send them copies of the proposed ordinance. According to statistics compiled by the Salt Lake City Police Department,the department's dispatch center has received calls on 87 incidents involving mobile ice cream vendors in the last five years—an average of 17.4 incidents per year.Here is a breakdown of calls to the dispatch center: Suspicious behavior—32. • Ice cream vendor as victim— 19. Loudness— 16. Traffic accident— 10. Miscellaneous offenses—7. Officer traffic stop—3. Notes accompanying the figures indicate that many of the suspicious behavior incidents involved calls reporting ice cream vendors selling controlled substances.However,as of June 27, the research indicates that no criminal cases resulted from the calls.There may be more information available in that category by the City Council briefing on July 2. The incidents involving mobile ice cream vendors as victims involve reports of assaults and robberies of mobile ice cream vendors,vandalism of ice cream vending vehicles and people following ice cream vending vehicles. The incidents involving loudness centered on mobile ice cream vending vehicles playing loud music to attract potential customers. In some cases vendors were reported to have stayed at one location for extended periods of time as the music played and to have refused to turn down the music when residents have asked them to do so. Traffic accident incidents involved vehicles colliding with other vehicles or vehicles colliding with fixed objects. The research notes indicate that there do not appear to be any incidents involving auto-pedestrian accidents directly related to mobile ice cream vendors. Miscellaneous offenses involved incidents such as trespassing,theft of ice cream money and disputes between ice cream vendors over territory.Three ice cream vending vehicles have been stopped by police officers enforcing traffic laws.There do not appear to be any incidents involving sexual assaults on children by operators of mobile ice cream vending vehicles. PROPOSED ORDINANCE Under current ordinances,ice cream truck vendors located in Salt Lake City are required to obtain a City business license.According to the City Attorney's Office,the City acknowledges other cities'business licenses under City Code 5.04.040-C titled Reciprocal Agreements. However,the proposed ordinance would require mobile ice cream vending companies located in other cities to obtain ice cream truck operators' licenses for drivers and have ice cream trucks inspected by Salt Lake City. Besides the$70 business license fee for mobile ice cream vending companies located in Salt Lake City,the proposed ordinance would require that each person who would drive a vending vehicle to obtain an ice cream truck operator's license. The license requires an administrative fee determined by the Mayor or his designee"but not to exceed$80." The ordinance would require each ice cream truck to be inspected"by an authorized representative of the City"every six months.There would be a$25 fee for each inspection. The ordinance also would require a business license applicant to obtain a health permit from the Utah Department of 2 Agriculture.According to the Administration,the Salt Lake Valley Health Department stopped inspecting mobile ice cream vending vehicles two years ago.The Utah Department of Agriculture continues to inspect the refrigerated compartments in the vehicles but nothing else,according to the Administration. Perhaps the most prominent feature of the proposed ordinance is the information required in the operator application form(Section 5.64.600).Information required in the application would include: • An employment history dating back three years from the time the application is filed. • A history dating back five years from the time of the application to indicate whether the applicant has ever had any professional or vocational license or business license or permit"denied,revoked or suspended."The applicant also would have to say why any of those licenses were denied,revoked or suspended and provide a copy of the order from the agency or government that took the action. • A history dating back five years from the time of the application of all criminal convictions or no-contest pleas to criminal complaints. • The names and addresses of three residents of Salt Lake City"who have known the prospective applicant for a period of thirty days and who"will vouch for the sobriety,honesty and general good character of the applicant." • A photograph and two sets of fingerprints taken at the Police Department headquarters. The proposed ordinance would prohibit the following from operating a mobile ice cream vending vehicle: • People under age 21. • Anyone required to register as a sex offender. • Anyone convicted of a crime involving moral turpitude,narcotic or dangerous drugs,and a felony conviction for an offense against a person or property within a five-year period of the time of the permit application._ • Anyone convicted of reckless driving or driving a vehicle while under the influence of alcohol or a controlled substance or convicted of being in or about a vehicle while under the influence of alcohol or a controlled substance with the intent of driving the vehicle within a five-year period of the time of the permit application. • Anyone convicted of three or more felonies. The application requirements and driver's qualifications in the proposed ordinance are almost identical to application requirements and driver's qualifications in the section of the City Code regulating taxicabs.However, Section 5.72.74 titled Application Fee Required sets the cost of the application fee for a taxi driver's license at"no more than$30."(Please see Attachment No. 1.)There is some indication that the Administration is contemplating raising the application fee for taxi drivers' licenses in the future. The proposed ordinance also would enact several requirements(Section 5.64.730)for a mobile ice cream vending vehicle and its operation. Requirements include: 3 • A clearly audible back-up warning device that will activate whenever the vehicle is shifted into reverse. • At least two flashing yellow beacons on the vehicle's roof that will activate"whenever merchandise is being sold,offered for sale or displayed for sale." • An operable swing-ann attached to its left side of"a type,size,and description approved by the City."The arm would be activated whenever the vehicle stops to sell,offer to sell or display merchandise. • A prohibition of selling items on streets where the speed limit is more than 25 miles per hour. Salt Lake City generally has three categories of streets—local,collector,and arterial.The limit generally would confine selling ice cream to local streets. Collector and arterial streets generally have speed limits higher than 25 miles per hour. • A requirement that the vehicle be completely stopped and parked before selling or displaying wares. • A prohibition against moving the vehicle backwards to sell or display merchandise. It should be noted that the insurance requirements in the proposed ordinance(Paragraph 9)are the same general liability requirements as those of sidewalk vendors. Section 5.64.740 of the proposed ordinance requires ice cream vending vehicles to be inspected every six months for compliance with the regulations for back-up warning device, flashing lights,swing-arm and other items.According to the Administration,the Business Licensing Division would conduct the inspections.The proposed fee for the inspections would be $25 per truck"for each inspection."It should be noted that,at this time,the office at the Department of Airports which inspects ground transportation vehicles and taxicabs for inspections required by City ordinances does not charge for the inspections.However,taxicabs and other ground transportation vehicles that routinely operate at the airport pay fees for entering the airport.The fees help defray the cost of inspecting the vehicles. Section 5.64.720 titled Noise Restrictions would limit the use of amplified music or other noises.Limitations include: • No music while an ice cream vehicle is stopped. • No playing of music earlier than 10 a.m. or later than 7 p.m.or a half-hour after sunset, "whichever occurs first." • No playing of-music in a way that the sound can be heard more than 330 feet away. • No playing of music along the same block face traveling in either direction on a street more than once every two consecutive hours. 4 Salt Lake City Code: Taxicabs • Article IIL Driver Licensing 5.72.220 License Required For Operators: It is unlawful for any person to operate a taxicab for hire upon the streets of the city without having first obtained and having then in force a valid taxicab driver's license issued by the police department of the city,under the provisions of this chapter. 5.72.230 Driver's License-Application: An application for a taxicab driver's license shall be filed with the Police Department of the City on forms provided by the City. 5.72.240 Application-Fee Required: At the time the application is filed,the applicant shall pay to the Police Department a fee,in an amount to be determined by the Mayor or his or her designee,but not to exceed thirty dollars ($30.00). 5.72.250 Police Recommendation Form Requirements: The prospective applicant for taxicab driver's license shall be required to complete two(2)police recommendation forms containing the following information: A. The names and addresses of four(4)residents of the City who have known the prospective applicant for a period of thirty(30)days and who will vouch for the sobriety,honesty and general good character of the applicant; B. Experience of the prospective applicant in the transportation of passengers; C. Education background of the prospective applicant; D. A concise history of the applicant's employment. 5.72.255 Photographs Required: The prospective applicant shall be required to have a photograph taken of him at police headquarters;applicants for renewal of taxicab driver's licenses shall furnish an up-to-date photograph or have an additional picture taken at police headquarters,as shall be determined and directed by the Chief of Police. 5.72.260 Fingerprints Required: The prospective applicant shall be required to file with the Chief of Police two(2)sets of fingerprint impressions,which shall be taken under the supervision of the Chief of Police. 5.72.270 Investigation Of Applicant: A. The Police Department shall conduct an investigation of each prospective applicant for each taxicab driver's license,and shall review all of the information filed by the applicant as required by this Article. Upon completion of the investigation,the Chief of Police shall recommend approval or disapproval of the proposed application to the Mayor on the police recommendation form. 5.72.275 Driver's Qualifications: A. Except as hereinafter set forth,no permit or renewal of a permit shall be issued to any of the following persons: 1.Any person under the age of twenty one(21)years; 2.Any person who is currently required to register pursuant to the Utah Penal Code,section 77- 27-21.5,Utah Code Annotated,sex offender registration,or its successor; 3.Any person who has been convicted of a crime involving moral turpitude,narcotic or dangerous drugs,a felony conviction for an offense against a person or property,unless a period of not less than five(5)years shall have elapsed since the date of conviction or the date of release from confinement for such offense,whichever is later; 4.Any person who has been convicted of driving a vehicle recklessly within the five(5)years immediately preceding application for a permit; 5.Any person who has been convicted of driving a vehicle while under the influence of alcohol or a controlled substance,or of being in or about a vehicle while under the influence of alcohol or a controlled substance with the intent of driving such vehicle,within the five(5)years immediately preceding application for a permit; 6.Any person not possessing a valid taxicab endorsement license, issued by the State; 7. Any person who has been convicted of three(3)or more felonies; B. Notwithstanding the provisions of subsection A3 or A7 of this Section,if the Mayor or designated agent receives letters or testimony at a hearing,as provided in Chapter 5.02 of this Title,which proves by a preponderance of the evidence that the applicant has reformed his/her moral character so as to pose no threat to members of the public,the license shall be issued. Part of the letters or testimony used to establish the preponderance shall come from the applicant's parole officer,if the applicant is still on parole. Failure to provide a recommendation from the applicant's parole officer,if the applicant is on parole, shall be grounds to deny the request. j '2. Ij7 OSS C."ROCKY"ANDERSON [[[ i 1 ,t % >1 '� � Gr' MAYOR ,, 1 c.�oRPO ' as, "niOmn'i"vas 10(. SALT LAKE 2002 OFFICE OF THE MAYOR ) COUNCIL TRANSMITTAL VV��TT TO: Rocky J. FluhartU DATE: June 14, 2002 Chief Administrative Officer FROM: Office of the Mayor SUBJECT: Mobile Ice Cream Vendors STAFF CONTACT: Nazar Mohamed DOCUMENT TYPE: Proposed Ordinance BUDGET IMPACT: Business License fee ($70.00), Operator's License fee ($80.00), and Inspection Fee ($25.00). DISCUSSION: Salt Lake City Corporation does not have regulations for mobile ice cream vendors. Currently, a business license is the only requirement for ice cream vendors to operate in our city. Beyond that, the City does not have requirements such as: • Ice cream truck operator's license. • Criminal background check for operators. • Safety requirements for the trucks. • Certificate of insurance. We have received various complaints from residents of our city, summarized as follows: • Business name/license/telephone number not displayed on some vendor trucks. • Loud noise. • Some vendors park improperly, while selling, thereby compromising the safety of our children. • Lack of time frame for vendors to do business in our neighborhoods. RECOMMENDATION: Passage of the proposed ordinance will protect the residents of Salt Lake City, especially children, from unnecessary health and safety risks, as well as preserve the peace. 451 SOUTH STATE STREET,ROOM 306,SALT LAKE CITY,UTAH 84111 TELEPHONE:801-535-7704 FAX:801-535-6331 ® RECYCLED PAPER SALT LAKE CITY ORDINANCE No. of 2002 (Mobile Ice Cream Vendors) AN ORDINANCE ENACTING ARTICLE VII OF CHAPTER 5.64, SALT LAKE CITY CODE, RELATING TO MOBILE ICE CREAM VENDORS. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Article VI of Chapter 5.64, Salt Lake City Code, pertaining to mobile ice cream vendors be, and the same hereby is, enacted to read as follows: Chapter 5.64 Article VII. Mobile Ice Cream Vendors Sec. 5.64.510 Purpose and intent. The city council expressly finds that vehicles in which ice cream, confections and other frozen dessert products are carried for purposes of retail sale on the public streets pose special dangers to the public health, safety and welfare of children and residents in the City of Salt Lake City. It is the purpose and intent of the city council, in enacting this article, to provide responsible companies and individuals who engage in the operation of ice cream trucks with clear and concise regulations to prevent safety, traffic and health hazards, as well as to preserve the peace, safety and welfare of the community. Section 5.64.520 Business License Required. It shall be unlawful for any person to engage in the business of mobile ice cream. confection or other frozen dessert vending unless he/she has first obtained a business license from the Business License Office. All business licenses shall be issued according to regulations established by this ordinance and all other applicable ordinances of the City. In addition to the business license. any person who operates an ice cream truck shall obtain and maintain in full force and effect a valid ice cream truck operator's license issued by the Police Department of the City. The use of the term "ice cream" in this Article shall include confections and other frozen desserts. Section 5.64.53E Application for Business License. The application for a mobile ice cream vending business license shall contain all information relevant and necessary to determine whether a particular license may be issued, including, but not limited to: (1) The full name, current address, telephone number, and proof of identity of the applicant and all persons who will be operating an ice cream truck as a part of the applicant's business; (2) A brief description of the nature, character, and quality of goods, wares, or merchandise to be offered for sale; (3) The specific routes, if any, along which the vendor intends to conduct business; (4) If the applicant is employed by another, the name and address of the person, firm, association, organization, company, or corporation; and (5) A description of all ice cream trucks to be used in the business,together with the motor vehicle registration number and license number. 2 Section 5.64.540 Health Inspection Certificate. Any application for a mobile ice cream vending license shall require a health permit from the Utah Department of Agriculture or its successor aaencv requiring such health permit in addition to the regular business license. The applicant's equipment shall be subject to inspections by the Utah Department of Agriculture or its successor agency requiring such inspections at the time of application and at periodic intervals thereafter. Section 5.64.550 Permitting Unlicensed Operator Unlawful. It is unlawful for any person who owns or controls an ice cream truck to permit it to be driven, and no ice cream truck licensed by the City shall be so driven at any time in the operation of the business, unless the ice cream truck is operated by a driver who has then in force a valid ice cream truck operator's license issued under the provisions of this Article. Section 5.64.560 Driver's License-Application: An application for an ice cream truck operator's license shall be filed with the Business License Office of the City on forms provided by the City. Section 5.64.570 Application-Verification: The application for a mobile ice cream vendor business license and for an ice cream truck operator's license shall be verified by the applicant under oath, and he/she shall be required to swear to the truthfulness of the matters contained upon the application. Section 5.64.580 Application-Fee Required: 3 • At the time the ice cream truck operator's application is filed, the applicant shall pay to the Business License Office a fee. in an amount to be determined by the Mayor or his or her designee. but not to exceed eighty dollars ($80.00). Section 5.64.590 State Motor Vehicle Permit Required: Before any application is finally passed Leon by the City. the applicant shall be required to show that such applicant has a current Utah motor vehicle permit and shall provide a conforming copy of such permit with the operator application referred to in Section 5.64.100 herein. or its successor section. Section 5.64.600 Operator Application Form Requirements: The prospective applicant for an ice cream truck operator's license shall be required to complete an operator application form containing the following information: A. The correct legal name of each applicant; B. For each applicant, the application must also state: 1. Any other names or aliases used by the individual, 2. The age, date and place of birth, 3. Height, 4. Weight, 5. Color of hair. 4 6. Color of eyes, 7. Present business address and telephone number, 8. Present residence and telephone number, 9. Utah drivers license or identification number, and 10. Social security number; C. A statement of the business, occupation or employment history of the applicant for three years immediately preceding the date of the filing of the application; D. A statement detailing the license or permit history of the applicant for the five- year period immediately preceding the date of the filing of the application, including whether such applicant previously operating or seeking to operate, in this or any other county, city, state or territory. has ever had a license, permit or authorization to do business denied, revoked or suspended, or has had any professional or vocational license or permit denied, revoked or suspended. In the event of any such denial, revocation or suspension, state the date, the name of the issuinu or denying jurisdiction, and state in full the reasons for the denial, revocation or suspension. A copy of any order of denial, revocation or suspension shall be attached to the application; E. All criminal convictions or pleas of nolo contendere, except those that have been expunged. and the disposition of all such arrests for the applicant for five years prior to the date of the application. This disclosure shall include identification of all ordinance violations, 5 excepting minor traffic offenses (any traffic offense designated as a felony. a class A misdemeanor. or an alcohol-related offense shall not be construed as a minor traffic offense), stating the date. place. nature of each conviction or plea of nolo contendere and sentence of each conviction or other disposition; identifying the convicting jurisdiction and sentencing court and providing the court identifying case numbers or docket numbers. Application for an ice cream truck operator's license shall constitute a waiver of disclosure of any criminal conviction or plea of nolo contendere for the purposes of any proceeding involving the ice cream truck operator's license; F. The names and addresses of three (3)residents of the City who have known the prospective applicant for a period of thirty (30) days and who will vouch for the sobriety, honesty and general good character of the applicant; G. A written certification from the mobile ice cream vending business by which the applicant operator is employed that the applicant operator has received training from the said ice cream vending business as to operational requirements of this Article. Section 5.64.610 Photographs Required: The applicant for an ice cream truck operator's license shall be required to have a photograph taken of him/her at police headquarters; applicants for renewal of such licenses shall furnish an up-to-date photograph or have an additional picture taken at police headquarters, as shall be determined and directed by the Chief of Police. Section 5.64.620 Fingerprints Required: 6 The prospective applicant for an ice cream truck operator's license shall be required to file with the Chief of Police two (2) sets of fingerprint impressions. which shall be taken under the supervision of the Chief of Police. Section 5.64.630 Investigation Of Applicant: A. The Police Department shall conduct an investigation of each applicant for each ice cream truck operator's license, and shall review all of the information filed by the applicant as required by this Article. Upon completion of the investigation, the Chief of Police shall recommend approval or disapproval of the proposed application to the Business License Administrator on the operator application form. B. It shall be the duty of the Chief of Police to report in writing to the Business License Administrator any misrepresentation or falsification by the applicant on the police recommendation form which may be uncovered by the police investigation, and any such misrepresentation or falsification will constitute just cause for the Business License Administrator to refuse to issue an ice cream truck operator's license, or to suspend or revoke the same if it has been issued. C. The Police Department's recommendation required by subsection A of this Section shall be based upon: 1. Findings of the criteria specified in Section 5.64.140 of this Article, or its successor: 7 2. The Police Department's recommendation may take into account the length of time between any criminal conviction and the application for the license and may also take into account the applicant's rehabilitation efforts, if any. Section 5.64.640 Driver's Qualifications: A. Except as hereinafter set forth, no permit or renewal of an ice cream truck operator's license shall be issued to any of the following persons: 1. Any person under the age of twenty-one (21) years; 2. Any person who is currently required to register pursuant to the Utah Penal Code, section 77-27-21.5, Utah Code Annotated, sex offender registration, or its successor; 3. Any person who has been convicted of a crime involving moral turpitude, narcotic or dangerous drugs, a felony conviction for an offense against a person or property, unless a period of not less than five (5) years shall have elapsed since the date of conviction or the date of release from confinement for such offense, whichever is later; 4. Any person who has been convicted of driving a vehicle recklessly within the five (5) years immediately preceding application for a permit; 5. Any person who has been convicted of driving a vehicle while under the influence of alcohol or a controlled substance. or of being in or about a vehicle while under the influence of alcohol or a controlled substance with the intent of driving such vehicle, within the five (5) years immediately preceding application for a permit: 8 6. Any person who has been convicted of three (3) or more felonies; 7. Any person who does not comply with the requirements of Section 5.64.600 of this Article, or its successor. B. Notwithstanding, the provisions of subsection A3 or A6 of this Section, if the hearing examiner receives letters or testimony at a hearing, as provided in Chapter 5.02 of this Title, which proves by a preponderance of the evidence that the applicant has reformed his/her moral character so as to pose no threat to members of the public,the license shall be issued. Part of the letters or testimony used to establish the preponderance shall come from the applicant's parole officer, if the applicant is still on parole. Failure to provide a recommendation from the applicant's parole officer, if the applicant is on parole, shall be grounds to deny the request. Section 5.64.650 Hearing Upon Rejection: If the application either for a business license or for an ice cream truck operator license is rejected, the applicant shall be entitled. upon request, to a hearing before a hearing examiner as provided in Chapter 5.02 of this Title. or its successor. Section 5.64.660 Issuance of License. (1) The Business License Administrator shall notify the applicant in writing of the City's decision to issue or deny either the business license or an ice cream truck operator's license, not later than thirty (30) days after the applicant has filed a completed application as provided herein. In the event the city's review of the business license application or the operator application has not been completed within thirty (30) days of the filing of a completed application, the Business 9 License Administrator shall send written notification to the applicant that the review period has been extended to a date no later than forty-five (45) days from the filing of the completed application. If the license has not been denied within forty-five (45) days of the filing of the completed application. the license for which the application was filed shall be deemed to be issued. (2) All licenses, permits, and identification cards issued pursuant to this Article are valid for one year, unless suspended or revoked. and shall be both non-assignable and non-transferable. Section 5.64.67() Business License Fees. Any vendor granted a vending license under this Chapter shall pay the annual business license fee established in Section 5.04.070 or its successor. Section 5.64.680 Display of Identification cards and Other Permits. (1) Any license or permit issued by the Business License Office shall be carried with the licensee whenever he/she is engaged in vending. Identification cards and health permits shall also be properly and conspicuously displayed at all times during the operation of the vending business. (2) An identification card shall be deemed to be properly displayed when it is attached to the outer garment of the vendor and clearly visible to the public and law enforcement officials. A health permit shall be deemed to be properly displayed when attached to the ice cream truck and clearly visible to the public and law enforcement officials. 10 (3) In addition to the foregoing. there shall be printed on both sides of the exterior of the vehicle being used for vending, in letters or numbers at least 3 inches high and 3 inches wide the name and current business telephone number of the mobile ice cream vending business for which said vehicle is operating and the Salt Lake City business license identification number of the business. Section 5.64.690 Notification of Name, Address or Telephone Change. All vendors shall assure that a current and correct name. residence address, mailing address, and business telephone number are on file with the Business License Division. Whenever the name or address provided by a licensed vendor on his/her application for a vending license changes, the licensee shall notify the Business License Administrator in writing within 14 days of such change and provide the same with the name, address, or telephone number change. Section 5.64.700 Exemptions. The provisions of this Article do not apply to: (1) Goods, wares, or merchandise temporarily deposited on the sidewalk in the ordinary course of delivery, shipment, or transfer; (2) The placing and maintenance of unattended stands or sales devices for the sale, display, or offering for sale of newspapers, magazines, periodicals, and paperbound books; or 11 (3) The distribution of free samples of goods, wares, and merchandise by any individual from his/her person. Section 5.64.710 Claims of Exemption. Any person claiming to be legally exempt from the regulations set forth in this Article or from the payment of a license fee shall cite to the Business License Administrator the statute or other legal authority under which exemption is claimed and shall present to the Business License Administrator proof of qualification for such exemption. In the event such claim is asserted, the Business License Administrator shall review the claim with the city attorney's office. Section 5.64.720 Noise restrictions. No person shall use, play or employ any sound, outcry, amplifier, loudspeaker or any other instrument or device for the production of sound from an ice cream truck: A. When the ice cream truck is stationary; 13. Earlier than ten a.m., nor later than seven p.m. or one-half hour after sunset, whichever occurs first. Sunset shall be determined on any particular day by the times listed that day in any newspaper of general circulation in Salt Lake County: C. In such a manner that such sound is plainly audible at more than 330 feet from such vehicle: or D. Along the same block face traveling in either direction on the street more than once every two consecutive hours. Section 5.64.730 Use of Public Streets. 12 • A. Each person or business selling, offering to sell. or displaying for sale ice cream or similar frozen desserts from or on motorized vehicles on public streets shall abide by the following conditions and requirements. Failure to comply may result in the suspension or revocation of a business license or police identification card, and is a Class B misdemeanor: (1) The motorized vehicle shall have a clearly audible backup warning device that activates whenever the vehicle is shifted into reverse gear. (2) The motorized vehicle shall have a convex mirror mounted on the front of the vehicle so that the driver, in a normal driving position. can see the area in front of the vehicle that is obscured by the hood. (3) The motorized vehicle shall have at least two flashing yellow beacons on the roof of the vehicle. one at the front and one at the rear, at least one of which is visible from all sides of the vehicle. These beacons shall be activated whenever merchandise is being sold, offered for sale, or displayed for sale. (4) The motorized vehicle shall have an operable swing-arm attached to its left side. This swing-arm shall be of a type, size, and description approved by the City, and shall be activated whenever the vehicle stops to sell, offer to sell, or display merchandise on a public street. (5) The motorized vehicle shall be prohibited from pulling any type of trailer. 13 (6) Retail merchandise may not be sold. offered for sale. or displayed for sale from or on motorized vehicles on public streets where the speed limit exceeds 25 miles per hour. (7) The operator of the motorized vehicle shall not sell to any person standing in the roadway. (8) The operator of the motorized vehicle shall sell, offer to sell, or display for sale retail merchandise only when the vehicle is completely stopped and lawfully parked, and shall sell only from the rear or side of the vehicle nearest to the curb or edge of the roadway. (9) The motorized vehicle shall not be moved backwards in order to sell, offer to sell, or display for sale retail merchandise. (10) Each applicant for a license or renewal under this section shall submit, with its application, a certificate of insurance executed by an insurance company or association authorized to transact business in this State, approved as to form by the City Attorney, that there is in full force and effect general liability insurance in an amount not less than two hundred fifty thousand dollars ($250.000.00) for one person in any one occurrence, live hundred thousand dollars ($500,000.00) for two (2) or more persons in any one occurrence and one hundred thousand dollars ($100,000.00) for property damage, or such greater amounts as set forth in section 63-30-34, Utah Code Annotated, 1953, as amended, or its successor. Such policy or policies shall include coverage of all motor vehicles used in connection with applicant's business. A current certificate of insurance 14 shall be kept on file with the City Recorder at all times that applicant is licensed by the City verifying such continuing coverage and naming the City as an additional insured. The certificate shall contain a statement that the City will be given written notification at least thirty(30) days prior to cancellation or material change in the coverage without reservation of nonliability for failure to so notify the City. Cancellation shall constitute grounds for revocation of the license issued hereunder unless another insurance policy complying herewith is provided and is in effect at the time of cancellation/termination. (11) All motorized vehicles of the applicant and operators shall comply with all other requirements of this Article and any other requirements of ordinance or statute that may be applicable. B. The prohibitions of this section shall not be construed to prohibit vehicles from carrying business markings or advertising not otherwise prohibited by law. Section 5.64.740 Vehicle Inspection Prior To Licensing - Fee Required: Prior to the use and operation of any vehicle under the provisions of this Chapter, and every six months thereafter while being operated by the business licensee hereunder, the vehicle shall be thoroughly examined and inspected by an authorized representative of the City. and found to comply with the requirements of this chapter. In addition, the vehicle shall at all times in which it is in operation as an ice cream truck within the City be maintained in conformity with the safety inspection requirements of Utah and Federal law. The licensee shall pay to the City an inspection fee of$25.00 per truck for each such inspection. 15 Section 5.64.750 Suspension and Revocation of License. (1) In addition to any penalties that may be imposed. any license issued under this Chapter may be suspended or revoked for any of the following reasons: (a) Fraud, misrepresentation, or knowingly false statement contained in the application for the license: (b) Fraud, misrepresentation. or knowingly false statement in the course of carrying on the business of vending; (c) Conducting the business of vending in any manner contrary to the conditions of the license; (d) Conducting the business of vending in such a manner as to create a public nuisance; cause a breach of the peace; constitute a danger to the public health, safety, welfare, or morals; or interfere with the rights of property owners; or (e) Cancellation of Utah Department of Agriculture authorization. or of the required authorization of any successor agency. for a food or beverage vending unit due to uncorrected health or sanitation violations. (2) The Business License Administrator shall provide written notice of the suspension or revocation in a brief statement setting forth the complaint, the grounds for suspension or revocation, and notifying the licensee or permittee of the appeal procedure. Such notice shall be 16 mailed to the address shown on the license holder's application by certified mail. return receipt requested. (3) If the City revokes a vending license or permit. the fee already paid for the license or permit shall be forfeited. A person whose license or permit has been revoked under this section may not apply for a new license for a period of one year from the date that the revocation took effect. Section 5.64.760 Appeals. If the Business License Administrator denies the issuance of a license or permit, suspends or revokes a license or permit, or orders the cessation of any part of the business operation conducted under the license or permit, the aggrieved party may appeal the Administrator's decision in accordance with Sections 5.02.260, 5.02.280, and 5.02.290 of the City Code. Section 5.64.770 Renewals. A mobile ice cream vending license may be renewed, provided an application for renewal and license fees are received by the City no later than the expiration date of the current license. Any application received after that date shall be processed as a new application. SECTION 2. This ordinance shall take effect immediately upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah this day of 2002. 17 CHAIRPERSON ATTEST: CHIEF DEPUTY CITY RECORDER Transmitted to Mayor on Mayor's Action: Approved. Vetoed. MAYOR CHIEF DEPUTY CITY RECORDER (SEAL) Bill No. of 2002. Published: G\ordina02\Mobile Ice Cream Vendors—6-14-02 diaft.doc 18 SALT LAKE CITY COUNCIL STAFF REPORT DATE: June 28,2002 SUBJECT: TAX AND REVENUE ANTICIPATION NOTES STAFF REPORT BY: Gary Mumford Document Type Budget-Related Facts Policy-Related Facts Miscellaneous Facts _ Resolution The proposal has a The proposal is It appears that adopting budget impact consistent with Council the proposal is in the action of prior years _best interests of the City Every year in July, Salt Lake City issues Tax and Revenue Anticipation Notes to assist with cash flow needs of the General Fund. Property taxes, one of the City's major sources of revenue, are primarily received in December. The City normally borrows funds for General Fund operations in anticipation of receiving property taxes. The federal government restricts the amount of borrowing (at the lower tax- exempt rates) to actual needs as determined by a formula. The City generally borrows close to the maximum allowed because of the advantage of earning greater interest revenue than the interest expense. The notes are issued and funds borrowed for slightly less than a one-year period. For fiscal year 2001-2002, the City borrowed $25 million. The Administration is proposing to issue $25 million again for fiscal year 2002-2003. Bids from potential buyers of the tax and revenue anticipation notes are scheduled to be opened on July 9, 2002. That evening, the Administration will ask the Council to authorize the award of the sale of the notes to the lowest bidder. The City Treasurer will provide the Council with a summary of the results of the sale including the number of bids received and the net effective interest rate of the low bid. The actual closing and receipt of funds is scheduled to take place on July 16, 2002. The Notes mature and will be repaid on June 30, 2003. MATTERS AT ISSUE: By issuing Tax and Revenue Anticipation Notes, the City earns a significant amount of additional interest revenue. The City Treasurer indicates that during most of the year, the City can typically earn an extra 75 to 100 basis points (0.75% to 1%) on the amount borrowed over the amount of interest that it pays. However, the overall interest rate environment during the period that the notes are outstanding is a key factor in determining the effectiveness of the borrowing. The City should earn at least$160,000 in net interest after paying costs of issuing the notes. — Page 1 OPTIONS: • The Council may wish to schedule award of the sale to the lowest bidder on the Council's agenda for July 9, 2002. • The Council may wish to request additional written information. ANALYSIS: Based on interest rates from approximately two weeks ago, the City's financial advisor estimates that the net effective interest rate should be about 1.6% to 1.65%. An analysis of the cash flows forecasted by month for next fiscal year (July 2002 through June 2003) shows that the General Fund anticipates incurring a maximum deficit of$24,449,000 without considering the planned $25,000,000 borrowing. During the 2001-2002 fiscal year, the City met the following federal spend-down requirements to allow the City to keep excess interest earned over interest expense: • 90% of the proceeds plus interest on the tax and revenue anticipation notes must be spent within six months; or • At some point within the first six months, the actual cash flow ending balance must be less than or equal to 5% of the prior year's actual disbursements. cc: Rocky Fluhart,David Nimkin,Dan Mule,DJ Baxter Page 2 n 9 la. lE�l� :d9rs�� SALT'LAI E3 CITY;CORPORA TION= DANIEL A. MULE' S - � — �—�-� — _ _ ROSS C. "ROCKY" ANDERSON CITY TREASURER DEPARTMENT OF MANAGEMENT SERVICES MAYOR TREASURER TO: Rocky J. Fluhart, Chief Administrative Officer DATE: June 19, 2002 FROM: Daniel A. Mule, City Treasurer 1) SUBJECT: Tax and Revenue Anticipation Notes, Series 2002 (TRAN's Series 2002) STAFF CONTACT: Daniel A. Mule, City Treasurer TELEPHONE NUMBER: 535-6411 RECOMMENDATION: That the City Council hold a discussion and schedule the adoption of a resolution authorizing the issuance and confirming the sale of$25 million in Tax and Revenue Anticipation Notes for fiscal year 2003. DOCUMENT TYPE: Briefing/Discussion BUDGET IMPACT: Approximately $625,000 (based on an estimated coupon of 2.5%) in interest expense in the General Fund during fiscal year 2003 and a correspondingly higher amount in interest income, depending on the level of interest rates throughout the fiscal year. DISCUSSION: TRAN's are short term borrowing instruments (debt) issued for one year or less in anticipation of future tax collections. The purpose of the borrowing is to provide financial assistance to the City's General Fund during its "cash-poor" period until the major portion of property taxes are received, usually in December. The exact amount to be budgeted for interest expense will not be known until the Notes are sold on July 9, 2002 at which time the actual coupon will be determined. To assure compliance with applicable federal and state regulations, sizing restrictions are adhered to when determining an allowable principal amount, and actual cash flows relative to spend down requirements are regularly monitored to avoid rebate. H:\Treas\DansDocs\council cover letter 451 SOUTH STATE STREET, ROOM 228, SALT LAKE CITY, UTAH 841 1 1 TELEPHONE: BO1-535-7946 FAX: 801-535-6082 Rccvceo PnPew MEMORANDUM DATE: June 26, 2002 TO: Council Members SUBJECT: Proposed Ordinance to enact a Temporary Moratorium staying the enforcement of the Zoning Ordinance Park Strip Landscaping requirements FROM: Janne Nielson, Constituent Liaison/Research and Policy Analyst Janice Jardine, Planning and Policy Analyst cc: Rocky Fluhart, David Nimkin, Roger Cutler, Lynn Pace, Margaret Hunt, LeRoy Hooton, Jeff Niermeyer, David Dobbins, Stephen Goldsmith,Tim Harpst, Max Peterson, Roger Evans, Brent Wilde, Harvey Boyd, Kevin Young, Rick Johnston Craig Spangenberg, Larry Butcher, Stephanie Duer OPTIONS AND MOTIONS: Th Council may identify additional options during the Work Session on July 2,2002. 1. ["I move that the Council"] Adopt an ordinance enacting a Temporary Moratorium staying enforcement of the Zoning Ordinance Park Strip Landscaping requirements. 2. ["I move that the Council"] Not adopt an ordinance enacting a Temporary Moratorium staying enforcement the Zoning Ordinance Park Strip Landscaping requirements. 3. ["I move that the Council"] Not adopt an ordinance enacting a Temporary Moratorium staying enforcement of the Zoning Ordinance Park Strip Landscaping requirements. I further move that the Administration return to the Council in six-months with any options or amendments to the Zoning Ordinance relative to issues of compelling public interest. KEY ELEMENTS: The Administration proposes a six-month moratorium on the enforcement of the park-strip landscaping section of the Zoning Ordinance in order to reevaluate and potentially reformulate the City policy. The Administration proposes to suspend enforcement of the regulations pertaining to park strip landscaping and utilize the six-month period to further study specific issues of public interest relating to approved materials and water use. It is anticipated that the Administration would return to the Council at the end of this time with amendments to the Zoning Ordinance for the Council's consideration.The Utah Code allows the City to impose a moratorium for a time period not to exceed six months without a public hearing if the public interest is compelling. If approved, enforcement on non-compliant property owners would be suspended for the duration of the moratorium. The Park Strip Landscaping section of the Zoning Ordinance was most recently amended in April 2000. The existing requirements reflect an effort by the previous Council to encourage water conservation and accommodate differing aesthetic perspectives. On its adoption, the revised ordinance: A. Required that 33%or more of the park strip surface be covered with vegetation within three years of planting or when the planting reached maturity, whichever came first, B. Required park strips to be maintained for vacant lots, C. Removed the prohibition on use of gravel, rocks and boulders, and _ D. Changed the mandatory requirement for irrigation to advisory. Specific requirements can be found in the City's Zoning Ordinance Landscape Chapter 21A.48, Section 060, and includes provisions for: A. The use of gravel, rocks and boulders, organic mulch such as bark, shredded plant material and compost that may be used to cover the rest of the park strip area in addition to the 33% greenery B. The use of paving materials such as poured concrete, brick or natural stone pavers that may be used in portions of the park strip, subject to certain limitations: 1. Poured concrete may be used in 100%of the park strip area if the park strip is less than 24 inches wide. 2. Brick,concrete or natural stone pavers may be used in 100% of the park strip area if the park strip is less than 36 inches wide C. "Carriage walks"or walkways between the curb and sidewalk through planted areas are encouraged. Materials that may be used include poured concrete (no more than 4 feet wide), concrete, brick, or flat, natural stone pavers. Plants, boulders, monuments, other types of objects are restricted to a maximum height of 18 inches to limit visual and structural barriers for pedestrian and traffic safety reasons. MATTERS AT ISSUE: The Administration has cited current drought conditions and a subsequent call by local water specialists and authorities to conserve water as key to this request. Potentially, the Administration would reshape the City's current policy into one that further encourages water conservation. In addition to the inquiries reported by the Administration, the Council Office has also received inquiries from constituents who express concern about the City's park strip landscaping policy and its appropriateness relative to the valley's drought conditions and local water supply. In response to these inquiries, and in anticipation of the Administration's advancement of this ordinance to enact a stay of enforcement, Council staff has conducted some preliminary research, which indicates like concern for some vital, related issues. While water supply and usage is in sharp focus, local, state and national authorities also advocate the consideration of such systemic issues as the impact of increasing the amount of impervious surface, quality and volume of run-off, reduced cooling effect, storm drain availability and capacity, and aquifer replenishment. Further, previous Council discussions have included concerns relative to child and community safety, and aesthetics. The moratorium could in itself be problematic if the public perceives the suspension of enforcement as permission to alter park strip designs that ultimately would not conform to current or future standards. Numerous occurrences of such"creative licensure"could pose a post-moratoria enforcement challenge for the City with non-compliant property owners,and contribute to any public perception of enforcement inequity. 2 SALT' r A\ 1�; MIT j f CORN RATI.OI 1 MARGARET HUNT —� � � - � -�.• � � �� ROSS C. "ROCKY" ANDERSON DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT MAYOR COUNCIL TRANSMITTAL TO: Rocky Fluhart, Chief Administrative Officer's DATE: May 14, 2002 FROM: Margaret Hunt, CED Director / 1 ,4 ,, - RE: A moratorium on enforcement of the City's current park strip landscaping requirements. STAFF CONTACT: Melissa Anderson, Principal Planner RECOMMENDATION: The City Council initiate a six-month moratorium on the enforcement of the park strip landscaping ordinance. DOCUMENT TYPE: Ordinance DISCUSSION: The Administration is requesting a six-month moratorium on the enforcement of the park strip ordinance in order to reevaluate the amount of vegetation required within the park strip. There has been ongoing debate regarding the appropriate landscaping for park strips given the current draught and the need to conserve water. The Administration would like to identify the regulatory options available for reducing the amount of landscaping that is currently required in the park strip. These options, with recommendations, will be presented to the City Council for consideration within the next six months. 451 SOUTH STATE STREET, ROOM 404, SALT LAKE CITY, UTAH B41 1 1 TELEPHONE: 801-535-6230 FAX: B01-535-6005 is `J wecvceo PaPER SALT LAKE CITY ORDINANCE No. of 2002 (Enacting a Temporary Moratorium Staying the Enforcement of Park Strip Landscaping Requirements) AN ORDINANCE ENACTING A TEMPORARY MORATORIUM STAYING THE ENFORCEMENT OF THE CITY'S PARK STRIP LANDSCAPING REQUIREMENTS. WHEREAS, Section 10-9-404 of the U.C.A. allows cities, without a public hearing, to enact ordinances establishing temporary zoning regulations for any part or all of the City if the City Council makes a finding of compelling, countervailing public interest; and WHEREAS, the City's current park strip landscaping ordinance requires that 33 percent or more of the park strip surface be covered with vegetation within three years of planting or when the planting has reached maturity,whichever comes first; and WHEREAS, the State of Utah is currently experiencing its third consecutive year of low precipitation and drought conditions; and WHEREAS, the City Council has now determined that, in light of the existing drought conditions, the City's park strip landscaping regulations should be reviewed in order to explore methods of encouraging greater water conservation efforts by the public; and WHEREAS, the City Council finds that staying the enforcement of the City's current park strip landscaping requirements, in light of existing drought conditions, constitutes a compelling, countervailing public interest which justifies a temporary moratorium; and WHEREAS, the City Council finds that the City's interest in adopting this temporary moratorium outweighs any private interest in the immediate enforcement of the City's existing ordinances; NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. The City shall and hereby does enact the following: Temporary Stay on Enforcement of the City's Park Strip Landscaping Requirements: A. Finding of Compelling, Countervailing Public Interest. Pursuant to Section 10-9-404,U.C.A., the City Council finds that the adverse affects of continuing to enforce the City's current park strip landscaping requirements, which may require the unnecessary use of scarce water supplies to maintain park strip landscaping, at a time when serious drought conditions exist in the State of Utah, and during the time that the City is reviewing and considering revisions to its existing park strip landscaping requirements, is not in the best interest of the City, and constitutes a compelling, countervailing public interest sufficient to justify a six month stay of enforcement. B. Balancing of Public v. Private Interests. The City Council further finds that any harm to private interests in the enforcement of the City's current park strip landscaping requirements is diminimus and is outweighed by the City's interest in reviewing its existing ordinances to provide for greater water conservation, and to avoid imposing unnecessary hardship on property owners which might result from the enforcement of current regulations. C. Prohibitions. During the period of this ordinance, the City shall not enforce any violation of the City's existing park strip landscaping ordinances, located in Section 21A.48.060 of the Salt Lake City Code, which currently require a minimum of 33 percent vegetation in park strip areas. D. Length or Prohibition. This prohibition shall remain in effect for a period of six months from the effective date of this ordinance, or until the effective date of any ordinance passed by the City Council which may amend the City's park strip landscaping requirement, whichever occurs first. SECTION 2. Effective Date. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 2002. CHAIRPERSON ATTEST AND COUNTERSIGN: CHIEF DEPUTY CITY RECORDER Transmitted to Mayor on Mayor's Action: Approved. Vetoed. MAYOR CHIEF DEPUTY CITY RECORDER (SEAL) Bill No. of 2002. Published: . G:\Ordinance 02\Park Strip Landscaping Requirements-May 13,2002.doc MEMORANDUM DATE: June 28, 2002 TO: Council Members FROM: Gary Mumford RE: List of Possible Outsourced Internal Audit Assignment With the adoption of the biennial budget in June 2001;the Council decided to outsource the internal audit function. The Council eliminated two vacant positions in the Office of Internal Audit and funded the other two positions until December 2001. The Council created a new revenue auditor position within the Department of Management Services for conducting audits of City revenue. With approval of the Council, the contract with the Council's financial auditors,Deloitte& Touche, included the option of additional studies or internal audits at predetermined hourly rates with written approval of the Council containing a specific not-to-exceed dollar amount for each audit. This CPA firm has a separate division that specializes in providing internal audit services. The Council Office encumbered$100,000 under the Deloitte&Touche contract for special studies and audits. The Council's budget for fiscal year 2002-2003 included an additional $200,000 for outsourced internal audits. Individual Council Members have expressed interest in conducting independent assessments relative to the performance of particular programs. Some issues of concern were noted during consideration of the budget. To the end, Council staff prepared the attached list of possible audit assignments along with a brief scope description. In addition to the performance audits, the list also includes some areas of general high-risk areas that are traditionally audited by internal auditors. The list includes approximate cost estimates, but the Council may wish to request that the auditors complete an audit survey($1000 per survey)prior to the Council subcommittee's actions to finalize the scope, audit objectives, and set a maximum not-to-exceed cost. Council staff also attached a list of legislative intent statements and legislative action items since any of these items could also be considered for audit. The Council may wish to designate some audit assignments from these lists or from other items that may be suggested during the Council's discussion. The Council may also wish to designate a subcommittee to oversee audit assignments. The primary functions of the Council's audit subcommittee could include: Recommend audit priorities to the full Council Set the scope for each audit Establish a budget for each audit Review draft reports of audits and provide critical input before the final report and recommendations are issued Receive follow-up reports on audit recommendations to determine whether appropriate action has been taken List of Possible Internal Audit Assignments The following audit possibilities were compiled from suggestions by one or more Council Members, issues of concern during consideration of the budget amendment,or areas of high risk that are traditionally audited by internal auditors. The Council may wish to also consider other audit assignments. mg. R i A" :n .�''„ a�`�3: °„'' -�h- Cz'99 l',�F `'Z'^ r, s .r''' a.,: �' :. 2 • L " e'7/�' a @ f 1 3 s fi as c r3z a `, `€'qe � 1 F ,',`s.; s h 3i a`3z... &f s 3 ' a, ma`2a )E R vk .�\ ♦ � e "�Mi5{�Ab �✓ ><• s 2 d V 1^' W• '�re3aa�w'�:aw'aa.��aa ,<a"s�. L� �,.�zir 1. City Attorney's Option A: Department-wide audit $19,000 Office including (all items including those listed under Option B) to Prosecutor's • Analyze range of services provided and measures $29,000 Office • Determine amount of services provided to enterprise funds and non-general fund divisions and agencies • Evaluate workloads compared to other cities and best practices • Report on advantages and disadvantages of attorney's being centrally located vs. located in departments and reporting to departments • Determine whether the current organization structure within the City Attorney's Office(including the Prosecutor's Office)is effective and functional Option B: Audit of Prosecutor's Office $15,000 • Analyze the efficiency and effectiveness of the allocation of staff in the Prosecutor's Office and identify to improvements,enhancements,or alternatives. Focus on $18,000 staffing levels compared to other prosecutors'offices in jurisdictions of similar size and characteristics. • Evaluate the Prosecutor's Office implementation of restorative justice compared to other jurisdictions and best practices. Quantify the additional budged cost involved with the restorative justice model. • Analyze the Prosecutor's policy of"prosecuting all cases"compared to screening cases based on severity of the crime or the existence of prior convictions. Compare the City Prosecutor's"zero tolerance"philosophy with other jurisdictions and best practices. Determine the budget impact of this philosophy. • Evaluate the office structure as it relates to non- prosecution-related office functions to determine whether more administrative functions can be performed by support staff to free up attorneys for prosecution • Provide a summary of services and programs currently funded in the office and whether some of these services fall outside of the strict interpretation of the City's role Page 1 of 8 6/28/2002 2. Appraisals and • Evaluate appraisal practices of the Property Management $7,000 Disposition of function relating to surplus right-of-way compared to to City Property other cities and as compared to best practices $11,000 • Analyze appraisal practices relating to surplus marketable/developable properties compared to other cities and as compared to best practices 3. Planning Option A: Including Planning Commision $19,000 Division & (all items including those listed under Option B) to Planning • Evaluate the extent of the Planning Division's $29,000 Commission effectiveness compared to other cities and as compared to best practices • Determine whether current staffing is appropriate in comparison to other comparable cities • Identify opportunities to achieve more effective utilization of staff through changes in organization, management,or operating techniques • Determine whether the current organization structure is effective and whether there are alternative organization structures that would enhance the planning function • Evaluate whether master plan development/update and other long-term projects are completed on a timely basis. Identify any opportunities for improvement. • Review systems for work priority management,including responses to citizen petitions,Council legislative actions, Administrative initiatives Option B: Separate Review of the Planning Commission $15,000 • Compare the role of the Planning Commission,scope of duties,duties that have been delegated to the Commission to by the City Council,processes,rules of procedure,and $18,000 policies to other cities and to best practices • Determine whether adequate and complete information is available to Commissioners • Determine whether procedures allow for adequate public input • Determine whether procedures allow for Commissioners to have a firm understanding of the issues before voting • Evaluate and make recommendations regarding orientation and training for new commission members Page 2 of 8 6/28/2002 4. Special Events • Determine the extent to which fees are charged to special $11,000 events to reimburse for City services to • Determine whether there are deviations from the $15,000 application of the City's current special events ordinance • Explore the feasibility of charging reimbursement fees to additional groups for the use of police officers or other City services at special events where a fee is being charged to participants and in other circumstances as appropriate • Review the approach taken with City-sponsored events with regard to licensing and ordinance compliance • Determine whether escorts for some parades or events could be provided by crossing guards or private security company rather than police officers at overtime rates • Evaluate staffing and organizational structure • Review approach the City is taking relating to concessionaires for special events and in City parks • Provide policy options from other cities or best practices 5. Engineering • Evaluate the Engineering Division's method for $15,000 Allocation of allocating costs(engineers,architects and overhead)to to Costs capital projects $18,000 • Compare the City's allocation of engineering costs with other cities or best practices • Report on the degree to which applicable costs are properly allocated. 6. Community • Compare the role of Salt Lake City's community action $11,000 Action Teams team with approaches taken by other cities and best to practices $15,000 • Evaluate the efficiency of the City's community action ' teams and the consistency among Council districts • Analyze the data gathered by the community action teams to determine if it is sufficient and consistent • Evaluate the success of the community action teams(Are there measures of success?) 7. Youth • Evaluate the effectiveness of the City youth programs $7,000 Programs • Determine the number of individuals served to • Determine the extent of any duplication of services $11,000 • Analyze services provided by the school district and the extent of coordination with the district • Analyze opportunities to maximize services through enabling outside groups vs. creating internal structure. • Page 3 of 8 6/28/2002 8. Animal Control • Analyze service array provided $11,000 • Evaluate scope of duties outlined in contract to • Determine response time or other measures as applicable $15,000 • Evaluate policies and approaches to providing general services and to addressing chronic problems compared to other animal control agencies and as compared to best practices 9. Building Code • Evaluate Salt Lake City's building code requirements and $7,000 Requirements enforcement practices compared to other cities and as to compared to best practices $11,000 • Evaluate seismic requirements 10. Grant Funds • Recap grants that the City has applied for and those that $15,000 the City has received to • Analyze how the grant funds have been spent in $18 000 comparison to the Council's approval and/or grant award ' • Determine the extent to which the grant applications are consistent with City policy as it exists at the time of application(are grants an impetus for policy shifts?) • Measure the success of Salt Lake City in obtaining and using grant funds compared to other cities and best practices 11. Victim Salt Lake City's Victim Advocate Program was established $15,000 Advocate under a federal grant to address the immediate needs of to Program victims of crime,to assist in the process of recovery from $18,000 crime and to provide information and services,which may prevent re-victimization. Property taxes and other general fund revenue now fund the program. • Evaluate the Police Department's Victim Advocate Program compared to other jurisdictions and best practices • Determine the need and degree to which the Victim Advocate Program provides services • Determine whether current staffing is appropriate in comparison to victim advocate programs in jurisdictions of similar size and characteristics • Identify the degree to which victim advocate services are also provided by the City Prosecutor's Office and determine the extent of coordination between providers of services • Identify other options for providing services to victims including the use of trained volunteer victim advocates. Page 4 of 8 6/28/2002 12. Administrative • Identify whether the Administration has systems in place $7,000 Interpretations to ensure consistent interpretation of City Ordinances to of City • Compare the City's approach with that of other cities and $11,000 Ordinances best practices • Identify options for establishing a system whereby changes in interpretation can be made available to personnel,the general public and the City Council 13. Economic • Compare the City's economic development staffing level, $11,000 Development tools and resources with other cities of comparable size to and identify best practices $15 000 • Compare the City's economic development public and ' private partnerships,such as EDCU and the Downtown Alliance,with those of other cities of comparable size and identify best practices • Compare the City's special events staffing level,tools and resources with those of other cities of comparable size and identify best practices • Identify the extent to which special events can/do contribute to economic development • Evaluate the City's organizational structure of economic development staffing 14. Encroachments • To what extent does the City have written policies that $7,000 in the Public govern encroachments in the public way for new to Way construction and for existing buildings $11,000 • Are the policies adequate to ensure that handicapped individuals and the general public has necessary and appropriate access • How do Salt Lake City's polices compare with other cities and best practices 15. Public Transit • Evaluate the extent to which public transit,including $7,000 Availability in busses,is available to bring citizens to the downtown to Salt Lake City • Determine the extent to which changes in routes over the $11,000 past two years has impacted the opportunity for residents of Salt Lake City to use the bus system 16. Business • Evaluate the efficiencies of the City's Business License $7,000 Licensing Office compared to other cities and identify best practices to • Evaluate current staffing for appropriateness $11,000 • Identify opportunities to maximize efficiencies through technology enhancements • Page 5 of 8 6/28/2002 17. Youth & The Youth and Family program began under a federal grant to $15,000 Family help combat the potential for at-risk youth to become involved to Specialists in criminal activity. The program is now funded by property $18,000 taxes and other general fund revenue. • Identify similar services that are provided by agencies and the level of services provided • Determine the response time in responding to referrals from various agencies including the City's Police Department and from concerned individuals within the community • Evaluate the extent to which cases are monitored to determine the family's progress and to determine compliance with referrals to other agencies • Evaluate the degree of success that the intervention program achievers with juveniles who have committed a legal offense in the community(Parental Accountability Ordinance) Note: The goal of the program is to reduce recidivism,provide resources to families,and protect the community by improving parental skills and supervision. • Determine the degree to which the State's Division of Child and Family Services(DCFS)is also involved in prevention and the coordination between the two programs • Identify any overlap among services and any overlap with the statutory responsibilities of DCFS • Determine what services are available through the Salt Lake City School District to assist families with similar situations • Identify advantages and drawbacks of other options such as the use of trained volunteers or relying on police officers who work with the Community Action Teams • Page 6 of 8 6/28/2002 The following are areas of general high risk that are traditionally audited by internal auditors Tt �i$i: izY n ss a £ 5 �� E s ,{ # , s , • � as` ���&73 fs :'ri. (� E z.^ ."..''' ..✓ fy3i s x 18. Accounts • Build upon work conducted by the financial auditors $7,000 Payable • Review the City's automated accounts payable system for to efficiency and best practices $11,000 • Determine that the City's controls will detect errors, duplicate payments,And unauthorized payments • Establish that exception reports are being produced and disseminated to department personnel that process payment requests • Use search techniques to scan for the unusual(such as incomplete payments,overdue invoices,encumbrances remaining for several years,fake payables) 19. Treasurer's • Build upon work conducted by the financial auditors $15,000 Office • Review the organization of the Treasurer's Office for best to practices and staffing requirements $18,000 • Review investment policies,procedures and actual practices • Determine if investment strategies could expand the City's revenues while keeping within the conservative requirements of the State Money Management Act • Review the cash management functions for proper controls and best practices 20. Purchasing • Build upon work conducted by the financial auditors $11,000 and Contract • Review purchasing policies and procedures compared to Management to other cities and best practices. $15,000 • Analyze bid procedure for large purchases and the City's methods to handle small purchases and make recommendations for improvement if applicable. • Evaluate internal controls and compliance with polices and procedures • Review contract procurement procedures and contract management compared to other cities and best practices 21. Facilities • Review the organization, staffing, responsibilities, and $7,000 Management procedures of the Facilities Management Division to compared to best practices. $11,000 • Review vendor relationships for appropriateness. • Review expenses for appropriateness. Page 7 of 8 6/28/2002 22. Human • Review the staffing and organization compared to $11,000 Resource other comparable cities and to best practices to Services • Evaluate training provided by the Human Resource $15,000 (payroll, Division compared to other cities and best practices benefits, • Make comparisons of Salt Lake City's employee training, & compensation and average pay rates for benchmark retirement positions with the local market by measuring total payouts) compensation including salaries, wages, bonuses, paid leave, group insurance plans, retirement, and all other benefits • Evaluate the City's method of granting general pay increases to professional employees(300 and 600 series)contrasted with comparable cities and with best practices •. Compare the City's benefit package to the local market and to best practices • Analyze the City's practices for evaluating reclassification requests • Evaluate the City's current practice and method of accounting for cash payouts upon retirement. Compare the City's budget practices for accounting for cash payout at retirement or layoff with comparable cities and best practices • Recommend whether the City should begin to fund the accumulated liability for cash payouts upon retirement(expensed in the years accrued and recorded as fund liabilities) • Review access controls and verify pay rates and benefit hire dates, etc. for those with access to the HR systems 23. Information • Build upon work conducted by the financial auditors $24,000 Management • Review operations, organization, and staffing for best to Services practices $29,000 • Review data security and safeguardig of Internet transaction-information • Evaluate policies, procedures and service performance • Review application management and contingency plans Page 8 of 8 6/28/2002 Legislative Intent Statements Statements Carried Over (with minor updates) from Biennial Budget Adoption on June 14, 2001: 1. Funding of Governmental Immunity Reserves - It is the intent of the City Council to support the Administration's proposal to accumulate a reserve in the Governmental Immunity Fund equal to three times the rolling average claim payout. (Attorney) 2. Encourage Safety and Accountability - It is the intent of the City Council that the Administration considers adding more departmental accountability to the City's loss control program that encourages and promotes safety. It is also the intent of the City Council that the Council be provided with periodic reports on losses by departments. (Attorney) 3. Home-Buyer Incentive Program - It is the intent of the City Council that a proposal be prepared and submitted to the Council for consideration regarding the development and implementation of a home-buyer incentive program for City employees based on programs offered by other cities and organizations, in collaboration with and in addition to Federal programs or opportunities. (Management Services) 4. Constituent Tracking System - It is the intent of the City Council that the Administration investigates the feasibility of a customer service/work order tracking system. (Management Services) 5. National League of Cities Conference - It is the intent of the City Council that the Administration develops a budget and staffing plan to address the impact of the National League of Cities conference to be held in Salt Lake City. The plan should be presented to the Council no later than October 2, 2001 and include the City's host duties, anticipated staffing, benefits associated with hosting the conference, estimated expenses to be incurred by Salt Lake City, a proposal to fund the expenses, and a comparison of anticipated expenses in respect to anticipated revenues. 6. Channel 71 - It is the intent of the City Council that the Administration uses Channel 71 to promote City programs and functions including those events sponsored by other organizations that receive City financial support. More emphasis should be placed on making the promotional segments more dynamic and interesting. Further, it is the intent of the City Council that the Administration explore opportunities for partnering with schools in this endeavor. (Management Services) • • 7. Water Fund - It is the intent of the City Council that the Department of Public Utilities continues developing secondary water systems for parks and golf courses and considers including a secondary parallel water system in new developments within the Northwest Quadrant. (Public Utilities) 8: Street Reconstruction - It is the intent of the City Council that local street reconstruction be funded within the Capital Improvement Program on an annual basis in accordance with the Council's adopted Five-Year CIP Plan. (Management Services) 9. Set Aside Money for Severance Pay - It is the intent of the City Council that the Administration sets aside a portion of severance pay that is estimated to eventually be paid on historical experience or other factors. These moneys should be expensed in the years accrued and recorded as fund liabilities. (Management Services) 10. Biennial Budget Submission - It is the intent of the City Council that the Administration presents a biennial budget that is balanced in both fiscal years using one-time funds for one-time expenses, with no less than nine percent of ongoing General Fund revenues invested annually in the Capital Improvement Program fund. It is further the intent of the City Council to maintain a healthy fund balance of at least 10% of General Fund revenue. Finally, it is the intent of the City Council that the Administration presents comprehensive budget information to the City Council by the first Tuesday in May of the current fiscal year regarding the second fiscal year of a biennial budget. (Management Services) 11. Fiscal Note on Proposed CIP Projects - It is the intent of the City Council that the Administration provides the Council with a fiscal note on proposed capital improvement projects that require additional ongoing operations and maintenance (new parks, additional buildings, etc.). (Management Services) 12. Submission Format for Proposed CIP Projects - It is the intent of the City Council that information relating to proposed Capital Improvement Program projects be submitted in a format similar to that of the comprehensive CDBG reports, including all applications, CIP Citizen Board recommendations, and the Mayor's final UP recommendations. (Management Services) 13. CIP Budaet - It is the intent of the City Council that the Administration submits the Capital Improvement Program budget at least thirty days in advance of the General Fund budget to allow ample time for review, and to ensure that the Council's policy of 9% of ongoing revenue is followed. (Management Services) 2 • 14. Street Lighting District - It is the intent of the City Council that the Administration briefs the Council regarding the possibility of using accumulated reserves in the street lighting districts for converting assessment districts to the privately-owned streetlight program (at the option of the neighborhood), for upgrading streetlights to more decorative residential oriented lighting, or for • reducing assessments to property owners. (Community & Economic Development) 15. Radio-Reading Water Meter Pilot Program - It is the intent of the City Council that the Administration briefs the Council on the effectiveness of the radio-reading water meter pilot program after approximately 4,000 hard-to-read meters are replaced with radio reading devices and the Administration calculates the cost versus the benefits of the program including long-term benefits. (Public Utilities) 16. Grant Writing Team - It is the intent of the City Council that the Administration evaluates creating a centralized grant writing function that includes all General Fund employees who perform grant writing duties. (Management Services) 17. Community Education in the Fire Department - It is the intent of the City Council that the Administration explores the feasibility of training non-sworn civilian staff or volunteers to perform community education services to Salt Lake City schools. (Fire Department) 18. Economic Development Corporation of Utah - It is the intent of the City Council that the Administration coordinates with the Economic Development Corporation of Utah to provide semiannual written information to the Council regarding the accomplishments of EDCU that benefits to Salt Lake City. (Community & Economic Development) 19. Impacts of Special Events - It is the intent of the City Council that the Administration explores the feasibility of charging reimbursement fees for the use of police officers or other City services at special events where a fee is being charged to participants, and in other circumstances as appropriate. (Management Services) 20. Golf Program - It is the intent of the City Council that the Administration briefs the Council during a Work Session meeting in September on the marketing plans for the golf program, induding the new incentives created during the fiscal year 2001-02 budget process. (Public Services) 21. Emergency Response Employees - It is the intent of the City Council that the Administration present options to the Council regarding a requirement that, as a condition of employment, any emergency-response personnel hired after August 31, 2001 be required to live within a 10 mile radius of the City &County Building. (Management Services) 3 22. Semiannual Resorts on the Status of Legislative Intent Statements and Action Items - It is the intent of the City Council that the Administration provides semiannual reports regarding the status of all active legislative intent statements (including unresolved statements from previous years and statements • adopted outside of the official budget process) and all active legislative action items. New Statements Adopted June 18, 2002: 23. Funding of Compensation Liability - It is the intent of the City Council that the Administration work with the Council to begin to accumulate a reserve in a separate fund or account to fund the City's accrued compensation liability for vacation and other payments that employees may receive upon retirement. Further, it is the Council's intent that the Administration provide estimates on the potential annual financial impact for the next ten or more years. 24. Retirement Payouts - It is the intent of the City Council that the Administration consistently budget for payments of vacation leave and other retirement payouts. The Administration should consider budgeting for these payments in a separate fund or account rather than requiring departments to leave positions vacant or otherwise make cuts in operations to finance these payments. 25. Overtime within the Police Desartment - It is the intent of the City Council that the Police Department make every effort to keep within its overtime budget ($716,000 for fiscal year 2002-2003) and submit a written report to the Council quarterly on actual overtime incurred and steps taken to reduce reliance on overtime. Specifically, the Council requests that the Administration complete a detailed analysis on approaches to reduce overtime. This analysis should include but not be limited to: a. All options to reduce the number of vacant positions (i.e. hiring officers more frequently; b. All options of workforce scheduling; c. Opportunities to anticipate and accommodate the natural and consistent level of turnover that occurs in the initial months after hiring (including the potential to train more officers than the actual number.of positions available); d. Ways in which the Legislative Branch could help address the issue, including the potential of adding positions to allow the Police Department to take approaches as outlined in item "c" above. e. The extent to which the Police Department believes it is beneficial to use overtime in place of regular full time — employees in order to manage costs (expenses for cars, equipment, benefits vs. overtime pay) 4 f. The extent to which holding positions open and using overtime could have a service level impact or policy impact. 26. Overtime within the Fire Deaartment - It is the intent of the City Council that Fire Department continue to take measures to reduce the reliance on • overtime and submit quarterly reports to the Council outlining total amount spent for constant staffing at a straight-time rate and amount spent at an overtime rate. 27. Parkins Meter Collection - It is the intent of the City Council that the Administration consider collecting parking meter revenue using bonded agencies or employees rather than paying overtime rates. 28. Volunteers - It is the intent of the City Council that the Administration investigates ways to expand the use of volunteers and/or retired personnel for providing City services. 29. Process Service - It is the intent of the City Council that the Department of Management Services investigates or tests the service of documents using mail similar to the success reported by the City Prosecutor. 30. Grant Writina Team —It is the intent of the City Council that the Administration complete the centralization of the grant writing function by transferring any remaining grant writer positions to the central team in the Department of Management Services. Further, it is the Council's intent that the Administration provide a quarterly report on the grants submitted and grants received. 31. Grant Monitoring—It is the intent of the Council that the Administration confirm that the grant application and the grant monitoring / management function are appropriately separated in different divisions, to ensure that the grant monitoring and management is conducted by individuals other than those submitting the grants. Further, it is the Council's intent that all grants and requests for funding be tracked in a central location to ensure that the requests are consistent with the aty's policies, and to ensure that the applications are submitted in a manner that leaves the City maximum flexibility in determining how the grants will be used. Further, it is the Council's intent that the Administration provide a quarterly accounting of grant monies received and the specific manner in which they were spent. 5 32. Economic Development Promotion - It is the intent of the City Council that the Administration coordinate economic promotion with other entities that provide these services. The Council requests a written report on the overall economic development activities including the Economic Development Corporation of Utah (EDCU), the State Department of Community and Economic Development, the Salt Lake Chamber of Commerce, the Downtown Alliance and the City's Department of Community and Economic Development. The Council urges the Administration to review the funding formula and staffing needs of the EDCU and report the findings to the Council. 33. Impacts of Special Events - It is the intent of the City Council that the Administration continue to explore the feasibility of charging reimbursement fees for the use of police officers or other City services at special events where a fee is being charged to participants and in other circumstances as appropriate. The Council requests a quarterly report listing special events approved by the City, including police and other City services that are provided. The listing should include: a. Services provided for which a fee was charged, and the amount of the fee; b. The actual cost of the service to the City; c. Services provided for which no fee was charged; d. Other relevant information. Further, the Council requests a listing of special City services provided for events that do not require a permit, including large gatherings at established venues. In approving this Legislative Intent the Council is not expressing opposition to special events, but is seeking more information with which to consider policy options. 34. Speed Boards — It is the intent of the City Council that all seven speed boards be placed on City street at least five days per week from 6:30 a.m. to 7:30 p.m. (except when boards are out of service waiting for parts or otherwise not available). It is the intent of the Council that the Administration consider contracting for this service. 35. Privatization of the Citv's Impound Lot Operations- It is the intent of the City Council that the request for proposals to privatize the impound lot operations be broad enough to allow the existing employees to bid as a group, if they so desire. 36. Enciineerino Costs —It is the intent of the City Council the cost of engineers and architects within the Department of Public Services be more fully allocated to capital improvement projects. The Council requests that the Administration provide a quarterly report to the Council regarding the costs that were allocated compared to total costs. — 6 Legislative Action Items (Adopted since Budget adoption in June, 2001) 1. Sidewalk Use Restrictions —Ask the Administration to draft an amendment to existing ordinance regarding sidewalk use restrictions. (Council Member Roger Thompson, adopted September 20, 2001) 2. Update the Oven Space Master Plan —Ask the Administration to update the Open Space Master Plan. (Council Member Keith Christensen, adopted November 13, 2001 as a motion adopting the Sugar House Master Plan) 3. Update the City Bicycle Master Plan —Ask the Administration to update the City Bicycle Master Plan. (Council Member Keith Christensen, adopted November 13, 2001 as a motion adopting the Sugar House Master Plan) 4. Bike Helmets—Ask the Administration to draft an ordinance mandating the use of helmets by children when riding a bicycle. (Council Members Roger Thompson and Nancy Saxton, adopted November 27, 2001) Cound/Status:A sample ordinance was received on April 11, 2002 and has been forwarded to Youth City Government for review. 5. Cat Licensing —Ask the Administration to draft an ordinance requiring that pet owners provide licensing for cats that dwell in or on properties in Salt Lake City. (Council Member Carlton Christensen, adopted December 11, 2001) 6. Curfew Enforcement— Ask the Administration to amend Chapter 9.04, Dancehalls, Restaurants, Taverns and Private Clubs, and Section 11.44.707, Curfew for Minors. (Council Members Roger Thompson, David Buhler and Tom Rogan, adopted December 11, 2001) Cound/Status: The Youth City Government provided their feedback to the proposed amendments, and the ordinance has been forwarded back to the Attorney's office for further revision. 7. Commercial Neighborhood zoning district— Ask the Administration to reevaluate the Zoning Ordinance relating to use definitions, standards and parking requirements in the Commercial Neighborhood (CN) zoning districts. (Council Member Jill Remington Love, adopted May 14, 2002.) Possible Internal Audit Assignments Ballot ..:...::: . Prior •> ;.:::Item :.: :.; :: :.::.:. :. p ...:.:::.: 1(a) City Attorney's Office including Prosecutor's Office $24,000 1(b) City Prosecutor's Office (option—without Attorney's Office) $16,500 2 Appraisals and Disposition of City Property $ 9,000 3(a) Planning Division & Planning Commission $25,000 3(b) Planning Commission (option-without Planning Division) $16,500 4 Special Events $13,000 5 Engineering Allocation of Costs $16,500 6 Community Action Teams $13,000 7 Youth Programs $ 9,000 8 Animal Control $13,000 9 Building Code Requirements $ 9,000 10 Grant Funds $16,500 11 Victim Advocate Program $16,500 12 Administrative Interpretations of City Ordinances $ 9,000 13 Economic Development $13,000 14 Encroachments in the Public Way $ 9,000 15 Public Transit Availability in Salt Lake City $ 9,000 16 Business Licensing $ 9,000 17 Youth & Family Specialists $16,500 18 Accounts Payable $ 9,000 19 Treasurer's Office $16,500 20 Purchasing and Contract Management $13,000 21 Facilities Management $ 9,000 22 Human Resource Management $13,000 (salaries,benefits,training,retirement payouts) 23 Information Management Services $26,500 Total—All audits $317,000 Past City Council Legislative Audits 2002 Fleet Management 2000 SL Grand Mall Feasibility Study 2000 Annexation Feasibility Study 1999 Impact Fees 1999 Capital Improvement Program 1999 City Council Office 1998 Police Department 1997 Library 1997 Airport 1996 Prosecutor's Office 1996 Capital Improvement Program 1996 Emergency Medical Transport Services 1995 Golf Program 1994 Water Rate Structure 1994 Public Utilities Department 1994 Planning Division 1994 Crime Prevention Program 1993 Materials Only Concrete Program/Asphalt Overlay Process 1992 Public Works Department 1990 Consolidated Dispatch 1990 Human Resource Management and Administrative Services Department 1989 Payment in Lieu of Taxation from City enterprise funds 1989 Information Management Services 1989 Parks Department 1989 Finance Department 1988 Housing Authority 1988 Fire Department 1987 Development Services Department 1986 Police Department 1985 Personnel Division Int rnal Audits Salt Lak City Offic of Internal Audit Fiscal Year 2001-02 Operation/revenue audits Letter reports • Airport Concessions • Fire Department Follow Up • Leases • Paramedic Fee Follow Up • Innkeepers tax • City Revenue Forecasting • Refuse and Landfill • police Cash Receipts Follow Up • Airport Miscellaneous Revenues • Quarterly-Tracy Aviary • Administrative Law Court Fiscal Year 1998-99 Fiscal Year 2000-01 Audit reports Operational audit reports • Impound Lot • Fleet Management • Paramedic Fees • Business Licensing • Fire Department Cash Handling • Golf • Telecommunication Fees • Permits • Police Department Cash Compliance audit Operations • Take Home Vehicles • Fines and Forfeitures Letter reports • Questar Franchise Tax • Accounts Payable Follow Up Special project reports • Fleet Management Follow Up • City Contributions to SLOC • Quarterly-Tracy Aviary • Tracy Aviary Cash Operations Miscellaneous reports • Public Way Ordinance • Fleet Safety Issues • CAMP/AR System Review • Subpoena • Year 2000 Evaluation • Witness Fee Procedures Letter reports • Alternative Fuel Study • Engineering Cash Operations Follow Up Fiscal Year 1999-00 • Parks Cash Operations Follow Operation/revenue audit reports Up • Sales Tax • Workers Compensation • PacifiCorp Franchise Fees • Citizens Police Complaints • Accounts Payable • Parking Ticket Function Follow • Property Tax Up • Sorenson Multi-Cultural Center • Impound Lot Follow Up • Public Utilities Cash Operation Follow Up Miscellaneous report • Electronic Check Printing Controls