SLC Council Minutes January 12, 2002

The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, January 22, 2002 at 6:00 p.m. in Room 315, City Council Office, City County Building, 451 South State.

The following Council Members were present:

Carlton Christensen Van Turner Eric Jergensen

Jill Remington Love Nancy Saxton Dave Buhler

Dale Lambert

Mayor Ross C. “Rocky” Anderson; Roger Cutler, City Attorney; Cindy Gust-Jenson, Executive Council Director; and Beverly Jones, Deputy City Recorder were present.

Councilmember Buhler presided at and conducted the meeting.

#2. Councilmember Saxton moved and Councilmember Turner seconded to approve the minutes of the Salt Lake City Council meeting held January 8, 2002, which motion carried, all members voted aye.

Councilmember Christensen asked about the City’s snow removal budget. Mayor Anderson said reports showed some overtime, but the crews had been doing a good job. He said massive coverage had been budgeted during the Olympics.

Councilmember Turner said he wanted to follow-up on the proclamation he read at the Wonderful Outdoor World (WOW) meeting. He said June 10-16 WOW would be camping in District 2. Mayor Anderson thanked Councilmember Turner for attending the meeting.

Councilmember Saxton asked about a fraternity incident at the University of Utah. Mayor Anderson said good police coverage stopped the incident early on. He said the police identified a number of underage people consuming alcohol at the party. He said this fraternity had caused problems in the past and was on probation with its national organization. He said he felt the problem would be resolved permanently.

Richard Wirick, Public Relations for the Downtown Merchants Association, said three vacancies between his store and the Mikado Restaurant had been leased. He said he wanted to address Olympic traffic. He said blocking off eastbound traffic from West Temple to Main Street on South Temple would block off most of Crossroad Mall’s entrances and exits. He said extra heavy West Temple traffic would be diverted to North Temple. He said traffic turning east would be diverted into 2^nd Avenue’s residential area. He said the City needed to leave one lane of traffic open. Mayor Anderson said he would pass Mr. Wirick’s suggestions on to Transportation.

Sean Diener, Utah Animal Rights Coalition, introduced Mitt the Cow. He said the Coalition had many nonviolent demonstrations planned. He said they understood a proposed ordinance prohibiting people from wearing masks if they were going to commit a felony was being considered. He said he was not sure if a police officer would be able to predict whether Mitt the Cow would commit a crime.

Colleen Gardner said she was a member of Showing Animals Respect and Kindness and the Utah Animal Rights Coalition. She said they were going to demonstrate to make a point that animals were abused in rodeos. She said she wanted to wear warm face gear during the protests.

#1. RE: Accept public comment and consider adopting an ordinance amending Chapter 3.52.050.D of the Salt Lake City Code, authorizing the construction of a temporary parking lot located at approximately 559 West North Temple related to a large-scale special event of national or international significance pursuant to Petition No. 400-01-67.

ACTION: Councilmember Saxton moved and Councilmember Turner seconded to close the public hearing, which motion carried, all members voted aye.

Councilmember Turner moved and Councilmember Saxton seconded to adopt Ordinance 6 of 2002, which motion carried, all members voted aye.

#2. RE: Accept public comment and consider adopting an ordinance amending the Salt Lake City Code to allow house museums as a conditional use of landmark sites in residential districts pursuant to Petition No. 400-01-17.

ACTION: Councilmember Saxton moved and Councilmember Lambert seconded to close the public hearing, which motion carried, all members voted aye.

Councilmember Saxton moved and Councilmember Love seconded to adopt Ordinance 5 of 2002, which motion carried, all members voted aye.

DISCUSSION: Kirk Huffaker, Utah Heritage Foundation, said the proposed zoning amendment accomplished historic preservation and neighborhood vitality. He said when traditional housing situations would not work, the proposed amendment provided an additional low impact option for owners of historic landmark buildings. He urged the Council to support the zoning amendment.

Maren Jeppsen, Salt Lake City, said people loved house museums because they could feel and touch the past. She said it was appropriate for the City to have house museums. She asked the Council to consider the proposed zoning amendment.

Councilmember Lambert asked if there was a clause in the proposed ordinance which addressed parking issues. Elizabeth Giraud, Historic Preservation Planner, said the Planning Commission studied parking issues as part of the conditional use provisions. She said the previous owner of the historic house had written permission from the LDS Church to use a church across the street for parking. She said there was also an alternative parking ordinance.

Councilmember Saxton asked if there was a provision in the proposed ordinance which allowed restaurants. Ms. Giraud said there was no provision for restaurants.

Councilmember Jergensen said he supported the motion. He said District 3 had many historic homes. He said it would be a serious problem and disruption in his neighborhood if parking was not taken into consideration.

#1. RE: Adopting an ordinance amending Chapter 3.50 of the Salt Lake City Code, relating to commercially related special events and free expression activities.

ACTION: Councilmember Christensen moved and Councilmember Jergensen seconded to adopt Ordinance 7 of 2002, which motion carried, all members voted aye.

DISCUSSION: Councilmember Christensen said the proposed ordinance would enable the Administration to be more effective in working with free speech groups.

Councilmember Saxton said there were groups which taught nonviolence training. She said the City had an opportunity to educate demonstrators. She said the City could contact training groups and write a fact sheet dealing with nonviolent demonstrations. She said the fact sheet could be handed out to groups when they applied for a permit.

Councilmember Buhler said at first he had concerns about lowering the fee from $100 to $5. He said he learned that people who obtained a permit on a shorter notice got the permit for free. He said he supported the ordinance.

#2. RE: Adopting an ordinance enacting new Chapter 11.12.110 of the Salt Lake City Code to prohibit wearing masks with the intent to perform or while performing specified criminal activities.

ACTION: Councilmember Christensen moved and Councilmember Saxton seconded to adopt Ordinance 8 of 2002, which motion carried, all members voted aye.

DISCUSSION: Councilmember Christensen said a police officer had to make discretionary judgment calls as they performed their responsibilities. He said he did not see officers using undue discretion as they took care of events which got out of control.

Councilmember Lambert said he understood the ordinance prohibited the wearing of masks with the intent to avoid identification while engaged in conduct prohibited by law. He said constituents who had addressed concerns about the ability to determine intent had a valid point. He said the important language was “while engaged in conduct prohibited by law”. He said as long as demonstrators or those exercising free speech were not engaged in illegal conduct, the proposed ordinance did not relate to them. Roger Cutler, City Attorney, said that was correct.

Councilmember Lambert asked if any consideration had been given to issuing a permit for demonstrators to wear a mask. Mr. Cutler said the constitution protected the right of people to have symbolic speech such as wearing a costume. He said to issue regulations would be content based discrimination. He said he recommended that the City not give permits to wear masks to protestors. He said the proposed ordinance did not state that protestors could not wear a mask, a costume or engage in symbolic speech.

Chief of Police Charles Dinse said the police could work with and support the proposed ordinance. He said he wanted to assure the Council and the public that as long as gas masks were not worn, they would be no problems. He said police experiences with demonstrations reflected that there were individuals within legal demonstrations that conducted themselves in a fashion which caused damage and violence.

Councilmember Jergensen asked Chief Dinse what his interpretation of “intent” was. Chief Dinse said Mitt the Cow would not fall under the proposed ordinance. Councilmember Jergensen said he was in favor of the ordinance.

#3. RE: Adopting an ordinance amending Section 5.72.130 of the Salt Lake City Code, relating to certificate of a public convenience and necessity being required for operation of a taxicab within the City.

ACTION: Councilmember Jergensen moved and Councilmember Turner seconded to adopt Ordinance 9 of 2002, which motion carried, all members voted aye except Council Members Saxton and Lambert who voted nay.

DISCUSSION: Councilmember Christensen said his concern was that taxicabs stayed busy. He said he hoped they did not lose out due to an over supply of taxis.

Councilmember Saxton said she did not support the proposed ordinance. She said there was a lot of public transportation being offered. She said she was concerned about cutting into the profit margin of those who had already paid their dues.

Councilmember Lambert asked if the proposed ordinance had provisions which allowed the Mayor to rescind the ordinance if more taxis were not needed during the Olympics. Mr. Cutler said that clause had been deleted. He said the proposed ordinance stated that if a company had existing certificates of convenience and necessity, for the two month period, they could place as many cabs as they could without having to obtain additional certificates.

#4. RE: Adopting an ordinance amending Salt Lake City Ordinance 32 of 2001, which adopted the final biennial budget of Salt Lake City, including the employment staffing document, for Fiscal Years 2001-2002 and 2002-2003. (Budget Amendment No. 4)

ACTION: Councilmember Christensen moved and Councilmember Saxton seconded to table the issue until Thursday, January 24, 2002, which motion carried, all members voted aye.

DISCUSSION: See Work Session minutes for Tuesday, January 22, 2002 for discussion.

ACTION: Councilmember Turner moved and Councilmember Saxton seconded to approve the Consent Agenda, which motion carried, all members voted aye.

#1. RE: Setting the date of February 5, 2002 at 5:00 p.m. to accept public comment and consider adopting an ordinance amending Chapter 3.52.050.D of the Salt Lake City Code, authorizing the construction of a temporary parking lot located at approximately 404 West 400 South related to a large-scale special event of national or international significance pursuant to Petition No. 400-02-15.