September 2, 2003 City Council minutes

The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, September 2, 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 Van Turner Eric Jergensen

Nancy Saxton Dave Buhler Jill Remington Love Dale Lambert

Mayor Ross C. “Rocky” Anderson; Cindy Gust-Jenson, Executive Council Director; Edwin Rutan, City Attorney; and Scott Crandall, Deputy City Recorder were present.

Councilmember Christensen presided at and conducted the meeting.

#2. Councilmember Jergensen moved and Councilmember Turner seconded to approve the minutes of the Salt Lake City Council meetings held August 7 and August 12, 2003 , which motion carried, all members voted aye.

#1. RE: Accept public comment and consider adopting an ordinance amending the Salt Lake City Code relating to the temporary use ordinance to allow for seasonal item sales pursuant to Petition No. 400-02-17.

DISCUSSION: Councilmember Buhler said he felt the issue was not controversial and the Council had generally agreed the neighborhood commercial zone could be included in the ordinance. He said he spoke with neighborhood businesses who felt the proposal was appropriate. Councilmember Christensen asked about other temporary uses permitted by the proposed zoning. Doug Dansie, Downtown/Special Projects Planner, said the proposal was written to clarify the section dealing with snow cone huts. He said the temporary use definition was modified to reduce misinterpretation.

Councilmember Saxton said originally there was concern that expanding the zone to include neighborhood businesses might create congestion and competition. She said she was not aware of many commercial businesses which had these types of facilities. She said she did not feel there would be direct competition. She said she felt the proposal would enhance neighborhoods. Councilmember Buhler said the proposal allowed interested merchants to use private property to provide this service.

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

Councilmember Buhler moved and Councilmember Saxton seconded to adopt Ordinance 61 of 2003 with the provision the Neighborhood Commercial Zone be included, 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 for the installation of outdoor television monitors in certain downtown zoning districts pursuant to Petition No. 400-03-09.

DISCUSSION: Douglas Cotant said he was concerned television monitors would be used to see if people were obeying the law. He asked about the proposal. Councilmember Christensen said the term monitor meant a display screen which would primarily be used by television stations. Councilmember Jergensen said television monitors would be used for external broadcasting not monitoring activity.

Tony Bereshnyi asked if the monitoring system complied with the 1972 privacy act. Councilmember Lambert said an understanding was reached with KUTV which allowed them to display news programming on a television monitor or screen after they moved to their new downtown location. He said television cameras would not be used to observe citizens. Councilmember Saxton said she was concerned about making an ordinance which dealt specifically with one business. She said she was also concerned about taking this out of context with other policies and felt it needed to be looked at globally. She said the sign ordinance was outdated and needed to be revised. Councilmember Turner said he felt Channel 2 would bring a fresh perspective to downtown. He said live broadcasts could be observed from the street and would create more activity.

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

Councilmember Lambert moved and Councilmember Buhler seconded to adopt Ordinance 62 of 2003, which motion carried, all members voted aye.

#3. RE: Accept public comment and consider adopting an ordinance amending the Salt Lake City Code providing legal conforming status for the single family detached dwellings, two-family dwellings and twin homes pursuant to Petition No. 400-02-23.

ACTION: Councilmember Lambert moved and Councilmember Jergensen seconded to continue the public hearing to September 9, 2003 , which motion carried, all members voted aye.

Councilmember Christensen said the City’s water fund was struggling because water conservation efforts were so effective. He asked about the status of the fund. Mayor Anderson said he would receive a report from Public Utilities (PU) showing the details through the first season. He said people had voluntarily cut water usage by approximately 20% and mandatory actions were not needed.

Mayor Anderson said even though revenues were down, he felt there would be long-term benefits from continued conservation. He said PU was a self-supporting enterprise fund which required revenue to maintain infrastructure needs.

Councilmember Lambert said media reports suggested PU wanted people to use more water to recapture revenue. Mayor Anderson said the City was not encouraging people to use more water. He said conservation was needed on a long-term basis, not just during drought years. He said water rates needed to be adjusted to maintain a balance.

Councilmember Jergensen asked if the Administration anticipated a rate change in the spring. Mayor Anderson said after PU prepared a status report, recommendations would be prepared for the Council’s consideration.

Councilmember Turner asked for feedback on a new park/playground created in his district. Mayor Anderson said Kaboom partnered with Home Depot, Bank One, and 80 to 90 volunteers to convert a field near the Jordan River into a beautiful play park. He said the project was completed in one day and was only one phase of a series of improvements planned along the Jordan River .

The following people spoke or submitted written comments in opposition to the Patriot Act: Barbara Jean Whitelley, Tony Bereshnyi, Phillip Montano, Joe Koncurat, Kyle Kingler, Judy Twede, Howard Hoffman, John Delaplaine, Eugenia Bereshnni, Merrill Cook, Richard Mack, Christopher Davenport, Aaron Turpen, Raye Nielsen, Tom Draschil, Mike Lund, Kitty Burton, Chuck Rivington, Greg Lewis, Jim Dexter, Wendy Godlewski, Reinard Knutsen, Robert Whalon, Ken Bowers, Roben Schafer, Greg Lunt, John Curtis, Les Curtis, Randy Nielsen, Warren Kenffel, Cynthia Lund, Sue Wilcox, and Ray Pugsley.

Comments included protecting the Bill of Rights, unreasonable search/seizure, constitutional rights, Homeland Security Agency, adopting a resolution showing Salt Lake City as a Patriot Act free zone, protecting freedom, misleading document, preserving liberty, improper legislation, abusive laws, violation, tyranny, wars, unlawful surveillance, national encroachments, terrorism, foreign involvement, illegal immigration, treason, repealing the Patriot Act, government responsibility to protect citizens, foreign trade, and personal safeties.

Douglas Cotant said he was concerned about vacant stores along Main Street .

Helen Peters and Cindy Cromer spoke concerning a proposed property conveyance relating to the Gilmore property in the Northwest Quadrant. They said there were concerns about open space loss, public input, and long-range planning issues.

#1. RE: Confirm the date of September 9, 2003 at 7:00 p.m. to accept public comment regarding the Salt Lake City Traffic Calming program.

#2. RE: Confirm the date of September 9, 2003 at 7:00 p.m. to accept public comment and consider adopting an ordinance extending the corporate limits of Salt Lake City to include the Mountair area, consisting of approximately 155 acres of property located generally between 3000 South and 3300 South and between 1100 East and 1700 East pursuant to Petition No. 400-01-07; amending the Sugar House Master Plan; and amending the Salt Lake City zoning map to zone and designate the properties within that area upon annexation to the City.

#3. RE: Approving the reappointment of Marilyn Pearson to the Capital Improvement Program for a term extending through June 5, 2006 .

#4. RE: Approving the appointment of Peggy Lander to the Business Advisory Board for a term extending through December 25, 2006 .

#5. RE: Approving the reappointment of Paul Dalrymple to the Library Board for a term extending through June 30, 2006 .

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