PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
REGULAR/BRIEFING SESSION
TUESDAY, OCTOBER 4, 1988
The City Council of Salt Lake City, Utah, met as the Committee of the Whole on Tuesday, October 4, 1988, at 5:00 p.m. in Suite 300, City Hall, 324 South State Street.
The following Council Members were present: Florence Bittner Tom Godfrey Wayne Horrocks Alan Hardman Sydney Fonnesbeck Willie Stoler Roselyn Kirk.
Council Chairperson Godfrey presided at the meeting.
BRIEFING SESSION
Executive Director Linda Hamilton reviewed the agenda, then the Council agreed that Councilmember Kirk would read the resolution of appreciation for Deputy Fire Chief Marvin C. Kimball; Councilmember Godfrey would read the “Salt Lake City Parts and Humanities Month” resolution; and Councilmember Stoler would read the resolution congratulating the Sugar House Community Council.
Ms. Hamilton said that Judy Wardle would be addressing the Council during citizens comments and that she had been asked to limit her comments to 5 minutes. Councilmember Hardman asked if the Zaccheo petition was for a vacation of the alley or for a closure, and Ms. Hamilton said it was for a vacation but it would be recommended that the Council close the alley and sell it at fair market value.
Ms. Hamilton said that Ford, Bacon and Davis, Inc. had agreed to three conditions for a franchise agreement: 1) getting all the proper permits, 2) using an approved barricade plan, and 3) using the proper trenching techniques. Ms. Hamilton said the administration wanted another week to work on the compensation plan before the Council took action on it. Council Members Stoler and Bittner said they had questions about the plan and wanted it on the Committee of the Whole agenda. It was agreed that the item be pilled from the agenda.
Ms. Hamilton said the area affected by Mr. Stoler’s legislative action was currently zoned C-1, but the Master Plan for the area recommended an R-5 zoning. Mr. Stoler said businesses were already moving into the area and the zoning change would start the trend back toward a residential area. Councilmember Fonnesbeck asked what the impact of the rezoning would be, and Mr. Stoler said it would not be immediate but as properties were sold in the area the new zoning would be enforced.
Cindy Gust-Jenson handed out a new version of the ordinance waiving or deferring fees for low income-assistance programs (attachment 1), and new suggested motions (attachment 2). She said the fees for single, double, and triple residency units could have the fees waived but not the inspections, while projects of four units or more could have the fees deferred but not waived. She said the issue was complicated because many of the different assistance programs had different concerns. She said that some groups didn’t mind the fees but wanted no inspections, while others couldn’t afford the fees but didn’t mind the inspections. She said it was impossible to please both sides completely. Councilmember Horrocks said many of the low income residents were afraid of the inspections because of code violations that were not related to the improvements.
He said the assistance agencies could go to the State Appeals Board to obtain exemptions under the existing code, but that exemptions were across-the-board and would exempt all contractors from inspection. Councilmember Hardman said the Council should pass the ordinance now, but set up a six-month evaluation period after which the issue should be re-examined.
Ms. Bittner asked what the current policy was, and Ms. Gust-Jenson said the city charged the fees and inspected all work except weatherization. Ms. Bittner said she had trouble with the idea of the city subsidizing other agencies. Ms. Hamilton said the ordinance reflected Ms. Gust-Jenson’s staff recommendation. Ms. Gust-Jenson said Joe Reno would be at the meeting to briefly explain the changes.
The meeting adjourned at 5:45 p.m.
The City Council of Salt Lake City, Utah, met in regular session on Tuesday, October 4, 1988, at 6:00 p.m. in the City Council Chambers, City Hall, 324 South State Street.
The following Council Members were present: Florence Bittner Alan Hardman Wayne Horrocks Tom Godfrey Sydney Fonnesbeck Willie Stoler Roselyn Kirk.
Mayor Palmer DePaulis was absent.
Roger Cutler, city attorney, Kathryn Marshall, city recorder, and LaNita Brown, deputy city recorder, were present.
Council Chairperson Godfrey presided at and Councilmember Kirk conducted the meeting.
The invocation was given by Chaplain W. C. Rounds.
The Council led the Pledge of Allegiance.
Approval of Minutes.
Councilmember Godfrey moved and Councilmember Stoler seconded to approve the minutes of the Salt Lake City Council for the regular meeting held Tuesday, September 20, 1988, which motion carried, all members voted aye except Councilmembers Bittner and Horrocks who were absent for the vote
(M 88-1)
Special Recognition
Deputy Fire Chief Marvin C. Kimball was presented a joint resolution of appreciation by the Council for his 38 years of dedicated service to Salt Lake City Corporation. He began his career on April 1, 1950, as a fire fighter and worked up through the ranks, achieving the position of Deputy Chief in November, 1981.
Councilmember Fonnesbeck moved and Councilmember Godfrey seconded to adopt Resolution 125 of 1988, commending Deputy Fire Chief Marvin C. Kimball for his 38 years of service to Salt Lake City, which motion carried, all members voted aye.
(R 88-1)
Councilmember Godfrey read a joint resolution declaring the month of November, 1988, as Salt Lake City Arts and Humanities Month, and called upon all citizens to observe the month with appropriate programs and activities. He said the arts and humanities were central to human expression, and a congressionally declared National Arts Week in November had provided a focal point to celebrate the diverse cultural heritage of the United States and the vitality of writers, visual artists and performers.
Councilmember Godfrey moved and Councilmember Hardman seconded to adopt Resolution 124 of 1988, declaring the month of November, 1988, as Salt Lake City Arts and Humanities Month, which motion carried, all members voted aye.
(R 88-1)
The Council presented a resolution congratulating the Sugar House Community Council (SHCC) for their work in their neighborhood and the city, and for their receipt of the Utah League of Cities and Towns “Utah Community Progress Award”. Councilmember Stoler read the resolution and it was presented to Ruth Robbins, Hope Hilton, Diana Smoot, Dee Painter, Gayen Wharton, and Rawlins Young of the SHCC.
Councilmember Stoler said the SHCC had done a great deal of work and spent many hours to enhance their neighborhood and the city as a whole, and they had recently prepared a scrapbook documenting the projects initiated by the council from 1986-1988, including the Westminster Mini-Park, a commemorative monument at Sugar House Park, the covering of the Salt Lake Jordan Canal, the landscaping of Interstate 80, the establishment of the Elizabeth Sherman pedestrian mall, and other projects.
Councilmember Stoler moved and Councilmember Godfrey seconded to adopt Resolution 126 of 1988, congratulating the Sugar House Community Council (SHCC) for their work in their neighborhood and the city, and for their receipt of the Utah League of Cities and Towns “Utah Community Progress Award”, which motion carried, all members voted aye.
(R 88-1)
PETITIONS
Petition 400-627 John Zaccheo.
RE: Consider setting a date for a non-advertised public hearing to be held Tuesday, October 18, 1988, at 6:20 p.m., to obtain comment concerning the request that the city vacate an alley located adjacent to Zaccheo’s Restaurant at 280 East 800 South.
ACTION: Councilmember Godfrey moved and Councilmember Stoler seconded to set the public hearing date for Tuesday, October 18, 1988, at 6:20 p.m., which motion carried, all members voted aye.
(P 88-294)
Petition 400-577 Ralph Gisseman.
RE: Adopt an ordinance closing a portion of Arapahoe Avenue adjacent to 644 Camarilla Circle, and repealing Bill No. 47 of 1988.
ACTION: Councilmember Godfrey moved and Councilmember Stoler seconded to adopt Ordinance 65 of 1988, closing a portion of Arapahoe Avenue adjacent to 644 Camarilla Circle, and repealing Bill No. 47 of 1988, which motion carried, all members voted aye.
(P 88-76)
Petition W. M. “Willie” Stoler.
RE: Adopt an ordinance rezoning the property located between 500 and 600 East and Stringham and Wilmington Avenues from a Commercial “C-1” to a Residential “R-5” classification.
ACTION: Councilmember Stoler moved and Councilmember Bittner seconded to adopt a motion referring the ordinance to the City Attorney for preparation of the document, and to the Planning and Zoning Commission for recommendation, which motion carried, all members voted aye.
(P 88-346)
DEPARTMENTAL BUSINESS
DEVELOPMENT SERVICES
RE: Consider setting a date for a joint public hearing with the Planning and Zoning Commission for Tuesday, October 11, 1988, at 6:20 p.m., to obtain comment concerning the proposed Downtown Master Plan.
ACTION: Councilmember Godfrey moved and Councilmember Stoler seconded to set the date for a joint public hearing with the Planning and Zoning Commission for Tuesday, October 11, 1988, at 6:20 p.m., which motion carried, all members voted aye.
(T 88-26)
FINANCE
#1. RE: A proposed ordinance granting to Ford, Bacon, & Davis, Inc. the right and privilege to construct, erect, operate, and maintain over and under Wakara Way in Research Park, wires, cables, and underground conduits, in connection with its business.
ACTION: Councilmember Godfrey moved and Councilmember Fonnesbeck seconded to suspend the rules and adopt on a first reading, Ordinance 67 of 1988, granting the right to construct to Ford, Bacon & Davis, Inc., which motion carried, all members voted aye.
(O 88-34)
#2. RE: An ordinance amending Section 2.52.010 of the Salt Lake City Code, as last amended by Bill No. 44 of 1988, relating to compensation of Salt Lake City Corporation officers and employees.
ACTION: Without objection, Council pulled this item from the agenda.
(O 88-10)
PUBLIC WORKS
#1. RE: A resolution authorizing the execution of an interlocal agreement between the city and the Utah Department of Transportation, for installation of a street light on the northeast corner of Redwood Road and California Avenue.
ACTION: Councilmember Godfrey moved and Councilmember Stoler seconded to adopt Resolution 123 of 1988, authorizing execution of the agreement, which motion carried, all members voted aye.
(C 88-578)
#2. RE: A resolution authorizing the execution of an interlocal agreement between the city and the Utah Department of Transportation, for removal of two street lights, one at 500 South and 300 West, and the other at 600 South and 200 West.
ACTION: Councilmember Fonnesbeck moved and Councilmember Horrocks seconded to adopt Resolution 122 of 1988, authorizing execution of the agreement, which motion carried, all members voted aye.
(C 88-579)
PUBLIC HEARINGS
Garbage Collection Ordinance.
RE: A public hearing at 6:20 p.m. to obtain comment and to consider adopting an ordinance relating to garbage collection and collection fees.
ACTION: Councilmember Godfrey moved and Councilmember Fonnesbeck seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Hardman moved and Councilmember Fonnesbeck seconded to table the ordinance until the November 10, 1988, Committee of the Whole meeting.
DISCUSSION: Duane Fuller, Superintendent of Streets, addressed the Council and said they were proposing to change the garbage ordinance in the following three ways: 1) changing an outdated reference made to the state code, 2) eliminating that portion of the ordinance that pertains to the manual collection (since they were now fully automated), and 3) providing for a $2 rebate to property owners of duplexes and triplexes who did not need the additional cans and wished to return them. He said the Mayor’s Office maintained a record of all persons who had complaints regarding the garbage fees and they would be notified of the ordinance change and given the opportunity to participate.
Councilmember Hardman questioned whether the garbage service would automatically be terminated if someone’s water was turned off and Mr. Fuller answered yes. Mr. Cutler read from the new ordinance which said that garbage service would not automatically be terminated, but the home owner had to make a request for termination.
The following people spoke in opposition to the ordinance: Carol Maul, 612 East 700 South; Ronald F. Simmons, 1082 4th Avenue; Allen Yorgason, avenues.
Those in opposition of the ordinance felt the fees were not fair to everyone, that the burden of the high cost of the new system had been put on duplex and triplex owners, and they questioned why charges for garbage service were not assessed more evenly. Ms. Maul said she was forced to have three garbage cans for her triplex and pay for three, when only one can was necessary. Mr. Simmons said he would have to pay $10 to maintain two cans in his triplex while his neighbor in a single family dwelling would only have to pay $6 for two cans.
Mr. Yorgason said they should be billed for usage only and anything else was beyond logic. Councilmember Fonnesbeck asked why they couldn’t charge on a per can basis, and Mr. Fuller said that when the ordinance was first initiated it was set up to bill for service and be billed by unit. He said they had looked at billing per can, but they felt it was restricting the amount of garbage people could throw away or putting a price on it, so the idea was rejected. Councilmember Hardman said he felt the new garbage collection system was sold to the public on the idea that it was a user fee, but they were now seeing that it was not a user fee. He said it was hurting the low-income housing by having the owners subsidize the garbage program. The Council felt they would like to look at different fee options before adopting the ordinance.
(O 88-28)
Waiver of Building Fees for Low-Income Assistance.
RE: A public hearing at 6:30 p.m. to obtain comment and consider adopting an ordinance creating Section 18.20.220 of the Salt Lake City Code providing for waiver of building fees for low-income assistance.
ACTION: Councilmember Godfrey moved and Councilmember Bittner seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Godfrey moved and Councilmember Horrocks seconded to adopt Ordinance 66 of 1988, creating Section 18.20.220 of the Salt Lake City Code providing for waiver of building fees for low-income assistance, which motion carried. Councilmembers Godfrey, Fonnesbeck, Horrocks, and Hardman voted aye. Councilmembers Bittner, Kirk, and Stoler voted nay.
Councilmember Hardman moved and Councilmember Fonnesbeck seconded to request administration by April 1, 1989, to evaluate the weatherization inspection system and identify opportunities to develop mutual agreements or any arrangements that would serve to decrease the city’s administrative burden in inspecting weatherization projects, and to report to the City Council, which motion carried. Councilmembers Horrocks, Fonnesbeck, Hardman, Godfrey, Kirk, and Stoler voted aye. Councilmember Bittner voted nay.
Councilmember Hardman moved and Councilmember Godfrey seconded to request administration to submit a CDBG application for funds to pay for building permit fees for improvements by nonprofit organizations to low- income housing, in cases where such housing meets the city’s low-income housing goals, which motion carried, all members voted aye.
DISCUSSION: Harvey Boyd, Building and Housing, briefed the Council saying that the petitioners for this ordinance were the Community Action Program, Neighborhood Housing Services, Habitat for Humanity, and Assist, Inc., and the two issues included the inspection of insulation and other building related issues and the waiver of fees. He said the state had adopted the Uniform Building Code and it mandated that the inspections be made, therefore any changes to the code would require going through legislation to the state.
He said that Building and Housing was in favor of waiving the fee, and they would submit an application for CDBG funds in the amount of $21,000 to pay for the cost of the permits. He said the city did about 1,100 inspections for various nonprofit organizations annually making a total of 689 permits issued to them. He said they recommended waiving the fee but felt the waiver of inspections should not be considered. He said the Housing Advisory and Appeals Board met on September 28, 1988, to discuss the issue and they had made the following recommendation which stated, “Everyone deserves the protection of inspection.
The purpose of the inspection is to insure that the quality of work meets minimum standards and safety of the resident, and the quality of the city’s environment is maintained. Inspections should be enforced uniformly. As for the issue of the fee, the issue of waiving the permit fee is not a matter for the Housing Advisory and Appeals Board, but is a matter best addressed by public officials”.
The following people spoke in support of the issue: Roland Allen, 1617 Kings Row Drive; Robert Gerdes, 3203 Upland Drive; Hal Schultz, 764 South 200 West; Curtis Nielsen, 821 South 300 West; Toby Guerrero, 3475 West 4650 South.
Mr. Allen, said the World Wide Habitat for Humanity had housed 3,500 families world wide, and were currently building in 330 locations. He said their funding was strictly from donations and the waiver of building fees would provide them with more money to build homes for low-income families. Mr. Gerdes said the local Habitat for Humanity was currently building two homes in the valley, one of which could be seen at 1440 West 948 South.
Mr. Schultz said the Community Action Program was interested in having permits and inspections waived for their weatherization program. He said he had contacted six major cities in the west, as well as the government in Washington D. C., and found that cities do not require permits and inspections for the Department of Energy of Weatherization Assistance Program.
He said the federal government prescribed the terms for which they received money for their program, then the State of Utah contracted with them for the funds, including their acceptance of the state’s inspections and their using some of the funds to train and employ inspectors. He said every job that included weatherization was inspected by their staff, then 12% of those were inspected by the state, and no cases of inadequate work had been found in their program. He felt it was redundant to have another inspection when they already had two.
Mr. Nielson said to use city time and money for an inspection program that was working fine the way it was, didn’t make sense. Councilmember Horrocks asked what kind of quality controls were put on the work they did and if the inspectors were certified, and Mr. Schultz said that federal regulations guided the quality of work and that inspectors were trained. Mr. Guerrero said he was a certified inspector through the state and that all the inspectors for the weatherization program had certificates and were very thorough with their inspections. Councilmember Bittner expressed concern over who would be subsidizing the cost of the inspection fee, since she did not want to see the city taxpayers subsidizing an agency that received its money from the federal government. Roger Evans, Building and Housing, said that current statute allowed them to waive the building permit fee for low-income elderly, but requests from other nonprofit groups asking for waiver of the fees had been directed to the City Council for consideration. He said in the proposed ordinance, those organizations would have to make an appeal application to the Housing Advisory and Appeals Board and decisions would be made on a case by case basis or group basis based upon its merits.
(P 88-291)
Housing Assistance Plan.
RE: A public hearing at 6:40 p.m. to obtain comment and consider adopting an ordinance concerning the city’s proposed Three Year Housing Assistance Plan.
ACTION: Councilmember Godfrey moved and Councilmember Horrocks seconded to close the public hearing, which motion carried, all members voted aye.
DISCUSSION: Laura Landikusic, Building and Housing, briefed the Council on the issue, saying that the Housing Assistance Program (HAP) was a document required by HUD to show the needs of the low-income citizens of Salt Lake City for assisted housing, and the city’s plans for providing for a portion of those needs. She said the plan was important to the city because HUD measured the city’s request for allocations against the plan to make sure that the allocations they were asking for were included in the plan and that their allocations were consistent with the plan.
She said some of the agencies that had received copies of the plan were Utah Legal Services, Citizen’s Congress, Community Action Program, and Utah Issues. She said the plan had been presented to the Community Development Advisory Committee (CDAC), the Planning Commission, and the Housing Appeals and Advisory Board (HAAB). She said HAAB had questioned the 100 units of new construction by the Housing Authority and the large amount of units for small families and the too few units for large families. She said there would be a number of editorial changes to the plan that they had already identified.
The following people spoke in support of the issue: Steve Erickson, Utah Issues; Mark Smith, Utah Independent Living Center; Richard Winters, Community Services Council (CSC); Roger Borgenicht, 20 South 1200 East. Mr. Erickson said he felt they did not have clear information and one of their concerns in preserving neighborhoods was that they needed to grant fewer variances through the zoning process as they had seen many variances that had resulted in demolitions, clearances of property, and intrusion of businesses into neighborhoods which hurt the neighborhoods. Mr. Smith, said his job was finding wheelchair accessible units for persons in wheelchairs and the majority of them were low-income. He said he would like to see some kind of transitional emergency housing that would assist individuals coming in from out of state, until they could obtain other low- income housing. Mr. Winters said that Lowell Bennion, former director of CSC had what he felt was a great idea. He said many of the city’s low- income individuals lived in homes that were much too big for them but they didn’t want to leave the home, and these homes could be remodeled to accommodate other persons to live in and help with the maintenance of the home, provide companionship, etc.
Mr. Borgenicht said he felt the Housing Assistance Program would solve some of the problems concerned with low and moderate-income housing and some of the neighborhood related problems, and that permanently affordable housing must be a priority in the city. He said we also needed to address boarded-up homes in the city and find a solution of some kind.
(T 88-24)
COMMENTS
Judy Wardle, 826 Emeril Avenue, addressed the Council and asked why she and her neighbors had to put up with the problems they have with transients and street people who come into their yards, break into their homes, harassed their children, and stole from their yard and clotheslines. She said there was a blood donor center, a liquor store, and a homeless shelter all in her neighborhood and it was too much for one area. Patrick Sorensen, Mayor’s Office, said he had been working with Ms. Wardle for about a week to try and alleviate the situation.
He said there was a vacant lot next to Ms. Wardle’s residence containing many weeds, a storage shed, and an abandoned semi-truck trailer, and there were also some vacant homes across the street, and transients were using these structures to frequent and sleep in. He said the transients would go to the plasma center and sell their blood, use the money received to go to the liquor store and purchase liquor, then they would sleep in the abandoned structures or the weeds, or would create other problems.
He said he had contacted the code enforcement officers of Building and Housing and the weeds had been removed, the owners of the vacant lot had been contacted and had removed the shed and truck-trailer. He said they were dealing with the vacant homes to have them boarded up and were trying to locate owners. Councilmember Bittner said they were addressing the problems in the immediate area of Ms. Wardle’s home but the problems in the area needed to be addressed.
She said when the plasma center first wanted to come into the neighborhood there had been a lot of neighborhood meetings and the operators of the blood donor center had assured the neighbors that they would not buy blood from transients. She felt this should be checked into, possibly by the Police Department. Mr. Sorensen said they were putting together a group involving Building and Housing Services, the Police Department, and the City County Health Department, who would survey the neighborhoods where these types of problems were being encountered. Councilmember Horrocks asked if the liquor store was selling fortified wine and Mr. Sorensen said he had talked with the owners and they said they were not, but Ms. Wardle said she had talked with the owners and they had informed her that they had been selling fortified wine until they ran out and they were expecting a new shipment. Councilmember Kirk asked Ms. Wardle if she would continue working with Mr. Sorensen to alleviate the problem and she replied yes.
The meeting adjourned at 8:10 p.m.