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05/13/2003 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MAY 13 , 2003 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, May 13, 2003 at 7:00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State. The following Council Members were present: Carlton Christensen Dale Lambert Eric Jergensen Jill Remington Love Dave Buhler Nancy Saxton Van Turner Mayor Ross C. "Rocky" Anderson; Edwin Rutan, City Attorney; Cindy Gust-Jenson, Executive Council Director; and Pam Johnson, Deputy City Recorder were present. Councilmember Christensen presided at and Councilmember Saxton conducted the meeting. #1. The Council led the Pledge of Allegiance. #2. Adopting a resolution expressing the Council's position on the Federal Aviation Administration's proposal to modify air traffic patterns at the Salt Lake International Airport. View Attachment ACTION: Councilmember Buhler moved and Councilmember Love seconded to approve Resolution 18 of 2003, which motion carried, all members voted aye. DISCUSSION: The Resolution was read by Councilmember Buhler. He said Council had been briefed by the Director of Salt Lake City Airports, Tim Campbell. He said Mr. Campbell provided several graphs showing how the proposed flight path changes would affect all valley residents. He said the Federal Aviation Authority's (FAA) proposal established several new flight paths, a major one parallel to 1300 East. He said there were other options the FAA could consider. He said the FAA had not shown why there was a need for any changes with the current service. (R 03-1) #3. Councilmember Lambert moved and Councilmember Jergensen seconded to approve the minutes of the Salt Lake City Council meeting held May 6, 2003, which motion carried, all members voted aye. (M 03-1) PUBLIC HEARINGS #1. RE: Accept public comment and consider adopting a resolution amending Resolution 31 of 2002, (Small Business Revolving Loan Fund) and approve a grant to the Microenterprise Loan Fund. ACTION: Councilmember Lambert moved and Councilmember Love seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Love moved and Councilmember Buhler seconded to refer this item to a future Council meeting, which motion carried, Council Members Turner, Jergensen, Love and Buhler, voted aye and Council Members Christensen, Saxton and Lambert voted nay. DISCUSSION: Kathy Ricci, Kathy Van Orden, Andrew Fletcher, Apryll Killpack, Craig Peterson, Greg Holgerson, Pollyanna Pixton, and Gerry Bacuer spoke regarding the proposed Microenterprise Loan Fund. They said although they supported the City's policy 03 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MAY 13 , 2003 to help businesses on South Temple, they felt the interest rate and collateral issues were too high. They said it was the City, not the businesses that had contracted the construction projects. They said the City needed to be more flexible with loans to small businesses already struggling. Councilmember Love said she did not want to postpone the availability of a loan to these businesses. She said with a few changes most of the concerns heard tonight could be addressed. She said she wanted input from staff to see what impact those changes would make. Councilmember Buhler said consumers avoided areas with construction. He said he felt the City could improve the loan criteria. Councilmember Lambert said time was an issue. He said many of the businesses needed funding now. He said the businesses might not be able to wait for Council to schedule this again. Councilmember Christensen asked how soon Council would be able to address the issue. Cindy Gust- Jenson said the item could be scheduled as soon as the Administration had the requested information. #2. RE: Accept public comment and consider adopting an ordinance enacting Article VII of Chapter 5.64, Salt Lake City Code, relating to mobile ice cream vendors. View Attachment ACTION: Councilmember Turner moved and Councilmember Jergensen seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Lambert moved and Councilmember Jergensen seconded to adopt Ordinance 24 of 2003, with the following amendments: 1) amend the sound portion to 330 feet rather than 50 feet, 2) Paragraph F of Section 5.64. 600 be deleted. The words "thirty (30) days" in Paragraph 1 of Section 5.64.660 be replaced with the words "five (5) working days." And 3) , Section 5.64.730 titled Use of Public Streets include a requirement that ice cream vending vehicles have signs or decals on the vehicles' front and rear identifying the vehicle as an ice cream truck and containing the words "Children Crossing" in letters at least six inches high and visible at 200 feet on a level, straight highway", which motion carried, all members voted aye. DISCUSSION: The following people spoke or submitted a comment card in favor of allowing the ice cream vending trucks to continue to play their music in City neighborhoods: Mark Nichols, Don Gansen, Joe Brennan, Greg McCarty, Mike Wells, Carl Long, Dale Morey, Brackton Davis, Jamie Dixon, Chad Hales, Peter Onuoha, Mary Corporon, Emmanuel Eke-Ukoh, Barry Crawford, Steven Anderton, Joe Brennan, Delander Singh, Tom Guinney, Robert Neal, James Branch, James Gansen, Felipe Velasquez, Tilakraj Jassal, Dipan Barua, Sean Dixon, Milkit Singh, Jim Olsen, Dan Niitsuma, and Helge Moulding. The following people spoke or submitted a comment card in opposition of allowing the ice cream vending trucks to continue playing their music in City neighborhoods: Jim Anderson, Orvill Paller, Nathan Larsen, Mary Orme, Mary Elizabeth Williamson, Gary Colby and Tammy Colby. Councilmember Lambert asked those representing several national ice cream vendors to offer other suggestions to the Council. Mark Nichols with Nichols Electronics of Bloomington Minnesota, said his company was the largest distributor of motorized music boxes and safety swing arms. He said demonstrations could be set up for the public to help determine expectable decibel levels. He said the proposed ordinance suggested limiting the sound to 75 decibels at 50 feet. He said that would be equivalent of a standard lawnmower. He said music advertised the vendor's presence and 50 feet would not be effective. He said the music boxes had internal controls which could be set to an approved level and the drivers 03 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MAY 13, 2003 could not adjust them. He said safety arms could be manufactured to meet the ordinance requirements as well. Mike Wells with Wells' Dairy, Inc. of LeMars, Indiana, said the ordinance requirements would benefit both the City and the vendors. He said licensing fees increased the investment. He said only serious vendors would want to continue. He said background checks would eliminate unlicensed operators or those with other objectives. He said vendors wanted an opportunity to make a living. He said they supported the proposed ordinance with the exception of limiting their ability to advertise. Councilmember Lambert said the ice cream industry supported the increased safety measures. He said the ordinance would regulate when music could be played to help those who slept during the day or were disturbed by loud noise. He said he agreed limiting the distance the music could be played would hurt the success of the business. Councilmember Christensen said most of the complaints from his district were about noise and the frequency of ice cream trucks. He said the issue was not only about selling ice cream or running a small business, but about quality of life in a neighborhood. Councilmember Turner said safety issues were the main concern and he felt those issues had been addressed. Councilmember Jergensen said the subcommittee looked at all aspects and reviewed police reports from concerned citizens. He said he would support the ordinance. Councilmember Love said the sound of ice cream trucks was nostalgic and brought about a community feeling. She said most complaints had come from the same area. She said it was up to ice cream vendors to police themselves and limit the time they went to those neighborhoods. She said then the Council would not need to adopt stricter rules. Councilmember Buhler said he wanted to clarify why the proposed ordinance had been rewritten. He said the Salt Lake County Health Department, who enforced noise violations, had the 50-foot requirement. He said the Council had ruled in favor of small business operators by extending it. (0 02-30) #3. RE: Accept public comment and consider adopting an ordinance amending certain sections of Chapter 18.98 of the Salt Lake City Code, relating to impact fees. View Attachment ACTION: Councilmember Turner moved and Councilmember Love seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Christensen moved and Councilmember Jergensen seconded to adopt Ordinance 25 of 2003, which motion carried, all Council Members voted aye, except Councilmember Buhler who voted nay. (0 99-32) UNFINISHED BUSINESS #1. RE: Adopting an ordinance enacting temporary zoning regulations for portable signs in certain zoning districts. 03 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MAY 13 , 2003 Action: Councilmember Buhler moved and Councilmember Jergensen seconded to adopt Ordinance 26 of 2003, with the following changes: Paragraph (No. 2) , addressing location, deleting the verbiage "sidewalk or park strip" that was located immediately adjacent to the applicant's place of business. And paragraph (No. 4) , addressing permits, deleting the entire section, which reads: "Any individual who seeks to display a portable sign pursuant to this ordinance on more than six days in any consecutive six month period must obtain a permit from the City to display such sign. In order to obtain a permit, the applicant must: a. provide the name, address and telephone number of the applicant, the business establishment, and a responsible person whom the City may contact concerning the sign; b. a written description of the sign to be displayed; c. provide a site plan that identifies the location of the sign in relation to the building face, the sidewalk, and the street curb; d. pay a $5 permit fee; and e. provide 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, demonstrating that there is in full force and effect public liability and property damage insurance with minimum limits of $250,000/$500,000 for personal injury and $100,000 for property damage or such greater amounts as set forth in Section 63-30-34, Utah Code Annotated 1953, as amended, or its successor. A current certificate of insurance shall be kept on file with the City Recorder at all times that permit is held verifying such continual 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 30 days prior to cancellation or material change in the coverage without reservation of non-liability for failure to so notify the City. Cancellation shall constitute grounds for revocation of the permit issued hereunder unless another insurance policy complying herewith is provided and is in effect at the time of the cancellation/termination." Councilmember Love added a friendly amendment, which Councilmember Buhler accepted, adding the verbiage "prohibiting illumination and other attached decorations or objects on these signs", which motion carried, Council Members Jergensen, Buhler, Love and Saxton voted aye and Council Members Christensen, Lambert and Turner voted nay. DISCUSSION: The following people spoke or submitted comments in favor of allowing A-frame or portable signs in the downtown area: Mary Corporon, Reuel Ware, Tony Weller, Bob Farrington, Pamela O'Mara, Carol Dibble, and Richard Wirick. Refer to Work Session minutes of May 13, 2003 for additional Council discussion. (0 03-8) #2. RE: Setting the date of June 3, 2003 at 6:00 p.m. to accept public comment and consider adopting ordinances, resolutions and/or motions relating to the Main Street Plaza issues, including but not limited to closing, vacating, and abandoning a pedestrian access and passage easement located on the former Main Street right-of-way between North and South Temple Streets pursuant to Petition No. 400-03-01, and related matters. View Attachment ACTION: Councilmember Buhler moved and Councilmember Jergensen seconded to set the date, which motion carried, all members voted aye. (P 99-14) #3. RE: Adopting a resolution, amending Resolution 4 of 2003, authorizing a loan from Salt Lake City to KUTV Holdings, Inc. for the relocation of KUTV's television studio to downtown's Main Street. ACTION: Councilmember Christensen moved and Councilmember Turner seconded to adopt Resolution 19 of 2003, which motion carried, all members voted aye. (C 03-269) 03 - 4 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MAY 13, 2003 #4. RE: Approving the appointment of Lisa Flores to the Civil Service Commission for a term extending through June 30, 2004. ACTION: Councilmember Love moved and Councilmember Turner seconded to approve the appointment, which motion carried, Council Members Lambert, Love, Saxton, Jergensen and Turner voted aye, and Council Members Buhler and Christensen voted nay. DISCUSSION: Councilmember Christensen said his vote was prompted to keep in compliance with the Utah State Code, which stated members serving on committees be of different political parties. He said Ms. Flores stated her political affiliation was the same as another member of the same committee. Councilmember Buhler said he voted nay for the same reason. (I 03-23) CONSENT AGENDA ACTION: Councilmember Jergensen moved and Councilmember Turner seconded to approve the Consent Agenda, which motion carried, all members voted aye. #1. RE: Adopting legislative action requesting the Administration to review Salt Lake City's approach to historic preservation. (G 03-12) #2. RE: Approving the appointment of Mary Lee Anderton to the Community Development Advisory Committee for a term extending through July 4, 2005. (I 03-21) #3. RE: Referring the following items back to the Planning Division for additional review: View Attachment a. Petition No. 400-01-66, Larry H. Miller Management Company request to amend the Zoning Ordinance relating to temporary uses. (temporary tents) (P 03-11) b. Petition Nos. 400-01-32 and 400-02-08, zoning and master plan amendments relating to the Sugar House Business District. (P 03-12) c. Petition No. 400-00-52, amending zoning regulations to locate parking lots behind buildings (Walkable Communities) (P 02-13) d. Petition No. 400-01-48 and 400-01-12, creating transit-oriented zoning regulations and rezoning a portion of 400 South. (P 02-14) #4. RE: Adopting Resolution 20 of 2003 authorizing the approval of a 2003 Financial Plan for the interlocal cooperation agreement between Salt Lake City Corporation and the USDA Forest Service Wasatch-Cache Forest. View Attachment (C 02-313) The meeting adjourned at 10:39 p.m. pi 03 - 5