SLC Council Minutes October 1, 2002

The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, October 1, 2002 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 Van Turner Eric Jergensen

Jill Remington Love Nancy Saxton Dave Buhler

Dale Lambert

Mayor Ross C. “Rocky” Anderson; Steven Allred, Acting 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. The Council will consider a joint resolution with the Mayor establishing April 30, 2003 as “El Dia de Los Ninos”.

ACTION: Councilmember Jergensen moved and Councilmember Lambert seconded to adopt Resolution 55 of 2002, which motion carried, all members voted aye.

DISCUSSION: Councilmember Buhler and Mayor Anderson presented the resolution to Barbara Lovejoy. Ms. Lovejoy thanked the Council for their support.

#3. Councilmember Christensen moved and Councilmember Saxton seconded to approve the minutes of the Salt Lake City Council meeting held September 17, 2002 , which motion carried, all members voted aye.

Ben Ocon, Day-Riverside Library Branch Manager, and Rebecca Chavez-Houck, Salt Lake City , said they supported the “El Dia de Los Ninos” resolution to honor children.

Steven White, Salt Lake City , said he supported the resolution. He said one-time Olympic money should be given to the City’s Youth Programs.

#1. RE: Accept public comment and consider adopting an ordinance amending the Salt Lake City Code regarding sidewalk vending carts pursuant to Petition No. 400-00-41.

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

Councilmember Jergensen moved and Councilmember Turner seconded to adopt Ordinance 64 of 2002 with the following addition to Section 5.65.170.A.2, titled Operational Regulations: that the works “on the sidewalk” be deleted from the section and the words “50-foot radius” replace the words “25-feet and “25-foot area” so that the section reads in part: all persons operating under a sidewalk vendor regulatory permit issued by the City shall comply with the following regulations: pick up any paper, cardboard, wood or plastic containers, wrappers, or any litter in any form which is deposited by any person within a 50-foot radius of the place of conducting business; and clean up all residue from any liquids spilled upon the sidewalk within said 50-foot radius; and amend the ordinance so that distance from corners shall be 50-feet rather than 10-feet, which motion carried, all members voted aye.

DISCUSSION: The following people spoke in opposition of vending carts: Jay Ingleby, Glendale Community Council Vice-Chair, Jena Burt, Poplar Grove Community Council member, Paula Keirnan, Salt Lake City , Kevin and Joy Gingrich, Salt Lake City , Sean Harris, Harris Imports, Michael Holt, Western Wholesale Flooring, and Crystal Gage, Sears Hogi Yogi employee.

The following people spoke in support of vending carts: J. Michael Clara, Salt Lake City, Samantha Francis, People’s Freeway Community Council Chair, wanted carts spaced 300 feet apart with no regard for block facings, Lee Estep, Salt Lake City, Ana Archuleta, Central City Community Council Chair, John Renteria, Salt Lake City, Rebecca Chavez-Houck, Salt Lake City, Javier Sanchez, Salt Lake City, James Yapias, Salt Lake City, Robert Gallegos, West Valley City, Elias McGraw, Salt Lake City, Rogelia Robles and Chad Killian, Salt Lake City, Jaime Rosas, Tacos Don Rafa, Araceli Rivera, Salt Lake City, Ralph Hatton, Salt Lake County, Nelly Sanchez, Salt Lake City, Lenny Smith, consumer, Maria Gonzales, Salt Lake City, Johnathan Dewegeli, vending cart builder, Steve Foearty, Salt Lake County, Steven Shammee, Salt Lake County, Anastecio Castillo, Salt Lake City, and John Gwynn, Salt Lake City.

The following people submitted cards but did not wish to speak: Jori McGraw, Salt Lake City , and Nina Toledo, Salt Lake County supported vending carts.

Councilmember Jergensen said he was concerned about racism and discrimination. He said the City needed to treat businesses fairly. He said everyone needed an opportunity to compete. He said the Council should not have adopted an ordinance amending boundaries for vending carts. He said he supported the proposed ordinance change.

Councilmember Lambert said people needed an opportunity to earn a living. He said society believed in competition and free enterprise. He said venders paid sales taxes, fees for use of sidewalks, and were inspected by health inspectors. He said they were subjected to the same rules and regulations as larger property owners. He said the City had encouraged enforcement agencies to be more vigilant. He said he would vote in favor of the ordinance.

Councilmember Turner said vending carts would not run larger businesses out of business. He said cart owners needed bright and cheerful awnings. He said attractive advertising signs were also needed. He said everyone needed to be good neighbors and get involved in the community and with community councils. He said he would vote in favor of the ordinance.

Councilmember Christensen said the proposed ordinance would not resolve all of the issues. He said most issues could be resolved by businesses stepping forward and being good corporate citizens.

Councilmember Saxton said she was concerned about how vendors kept track of their income because after purchasing food from a cart, she was not given a receipt. She said she would vote in favor of the motion.

Councilmember Love said the City’s goal was to create a more vibrant community. She said location was critical to vendors because they had built up a specific clientele. She said she would support the motion. She said some concerns dealt with enforcement. She said the City needed to do their part so carts could be successful.

Councilmember Buhler said the proposed ordinance included the area between West Temple to 200 East and 600 South to 900 South. He said two months ago an ordinance was adopted which expanded vending cart areas to the parks and the Gateway. He said that same ordinance restricted carts between 600 South and 900 South. He said the proposed ordinance required that carts be 50-feet from intersections. He said it also expanded the area a vendor was responsible to keep clean from 25-feet to 50-feet. He said the Council acted too quickly and they needed to revisit the issue.

#2. RE: Accept public comment and consider adopting an ordinance requesting to close a portion of March Street (2955 West) between 500 South and the railroad at approximately 570 South pursuant to Petition No. 400-01-04.

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

Councilmember Turner moved and Councilmember Christensen seconded to adopt Ordinance 63 of 2002, which motion carried, all members voted aye.

DISCUSSION: Ryan Williams, Petitioner, said March Street was originally closed in 1996. He said since that time, the alleyway had become a dumping ground for garbage. He said vandals and vagrants were always in the alley. He said he supported the closure.

Samantha Francis, People’s Freeway Community Council Chair, said the community was in favor of turning alleyways into private ownership. She said currently the alley was not being policed and was causing a problem for the community.

Councilmember Saxton said she would vote in favor of the motion but expressed her concern with closing public streets. She said if the City could find public use for property which eliminated vandalism, then the City should not close alleys. She said the City should look at alleys as public assets.

Councilmember Christensen said public use of the street was gone. He said it made sense to close the street and he felt there would be no adverse affects by the closure.

Councilmember Turner said the closure would benefit property owners and clean up the alley.

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

#1. RE: Approving the appointment of Shelley Larsen-Mahina to the Community Development Advisory Committee for a term extending through July 7, 2003 .

#2. RE: Approving the appointment of Jennifer Seelig to the Planning Commission for a term extending through July 1, 2006 .

#3. RE: Setting the date of October 8, 2002 at 7:00 p.m. to accept public comment and consider adopting an ordinance amending Salt Lake City Ordinance 32 of 2001 which approved, ratified and finalized the biennial budget of Salt Lake City, Utah, including the Employment Staffing Document, for the fiscal years beginning July 1, 2001 and ending June 30, 2002 and beginning July 1, 2002 and ending June 30, 2003. (Budget Amendment No. 10)