The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, December 9, 1997, at 6:00 p.m. in Room 325, City Council Office, City County Building, 451 South State.
The following Council Members were present:
Joanne Milner Lee Martinez Mary Mark
Deeda Seed Bryce Jolley Tom Godfrey
Keith Christensen
Cindy Gust-Jenson, Council Executive Director; Roger Cutler, City Attorney; Roger Black, Director of Management Services; and Chris Meeker, Chief Deputy City Recorder were present.
Councilmember Seed presided at and conducted the meeting.
#1. The Council led the Pledge of Allegiance.
#2. Councilmember Godfrey moved and Councilmember Jolley seconded to approve City Council minutes from December 4, 1997, which motion carried, all members voted aye.
(M 97-1)
CONSENT:
ACTION: Councilmember Godfrey moved and Councilmember Mark seconded to approve the Consent Agenda, which motion carried, all members voted aye.
#1. RE: Approving the appointment of Timothy M. Chambless to the Board of Adjustment for a term extending through December 31, 2002.
(I 97-3)
#2. RE: Approving the appointment of Eric Jergensen to the Transportation Advisory Board for a term extending through September 25, 2000.
(I 97-23)
#3. RE: Approving the appointment of Mary Kay Griffin to the Airport Authority Board for a term extending through January 16, 2001.
(I 97-14)
RE: Approving the appointment of Gorden Ottley to the Airport Authority Board for a term extending through January 16, 2002.
(I 97-14)
#4. RE: Setting the date of January 20, 1998 at 6:00 p.m. to accept public comment and consider adopting an ordinance to amend the fiscal year 1997-98 budget.
(B 97-7)
#5. RE: Setting the date of January 20, 1998 at 6:00 p.m. to accept public comment and consider adopting an ordinance to amend the 1998 Salt Lake County Landfill budget.
(B 97-8)
UNFINISHED BUSINESS:
#1. RE: Adopting a resolution authorizing the approval of an interlocal cooperation agreement between Salt Lake City Corporation and Salt Lake County for the County to provide animal control services for the City for up to six months from the date of the agreement.
ACTION: Councilmember Godfrey moved and Councilmember Christensen seconded to adopt Resolution 69 of 1997, which motion carried, all members voted aye.
(C 94-570)
PUBLIC HEARINGS:
#1. RE: Accept public comment and consider adopting an ordinance rezoning properties located between McClelland Street and 1100 East and south of 900 South, pursuant to Petition No. 400-96-110.
ACTION: Councilmember Godfrey moved and Councilmember Jolley seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Godfrey moved and Councilmember Martinez seconded to adopt Ordinance 84 of 1997, changing the zoning from Residential Business to Low-Density Residential with the following amendment; Option 3: The properties fronting 900 South from McClelland Avenue (1040 East) east to 1100 East be rezoned Special Residential, "SR-1" including the corner of 900 South and 1100 East. Properties fronting 1100 East be rezoned Residential "R-1-5000" except for the corner of 900 South and 1100 East and amend the East Central Community small area master plan to conform with the master plan prior to the 1995 zoning rewrite, which motion carried, all members voted aye.
DISCUSSION: Councilmember Godfrey spoke to his motion. He said when the small area master plan was created, and before the zoning rewrite, there was strong commitment on the part of residents and business people to rezone to residential. He said this was assumed to happen in 1995 in the zoning rewrite but did not. He said this was a promise to the neighborhood and asked the Council in fairness to the neighborhood to support the ordinance as amended.
Councilmember Seed said out of fairness to the community regarding promises which were made long ago she supported the ordinance as amended.
The following citizens spoke in favor of the ordinance: Chris Quann, 936 Princeton Avenue, Chair of the East Liberty Park Neighborhood Association. Ron Love, 1073 East 600 South, Treasurer of the East Central Community Council. Steve Heil, 1115 East 900 South, representing the owner of the property. Cindy Cromer, East Central Community Council.
The following citizen spoke in opposition of the ordinance: Greg Berman, 992 South 900 East.
(P 97-42)
#2. RE: Accept public comment and consider adopting an ordinance rezoning properties located at the northeast corner of 700 East and 600 South.
ACTION: Councilmember Christensen moved and Councilmember Godfrey seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Godfrey moved and Councilmember Milner seconded to adopt Ordinance 85 of 1997, with the following amendment, rezoning properties located at 563 and 575 South 700 East and 703/705 East 600 South from Residential Multi-Family "RMF-45" zoning to Residential Business "RB" and amend the Central City Community Master Plan, which motion carried, all members voted aye.
DISCUSSION: Councilmember Godfrey spoke to his motion. He said this rezoning had been in the process for a long period of time. He said the community was concerned about business zones moving into the neighborhood. He said the White family had consented to covenants and restrictions for future uses of the property.
Councilmember Jolley asked if the approval would allow the quilting business to occupy the property and proceed with business. Brent Wilde, Deputy Director of Planning, said the restrictive covenant would not allow occupancy until improvements were completed. He said rezoning would not take effect until all the provisions of the covenant were met.
Aline White, 563 South 700 East, petitioner spoke in support of the ordinance and asked for consideration regarding approval to let a quilting business occupy one unit of the property.
Cindy Cromer, East Central Community Council, spoke in favor of the ordinance and asked the Council and Planning staff to draft a zone for low intensity commercial use or a pedestrian oriented business zone.
(P 97-43)
#3. RE: Accept public comment and consider adopting an ordinance adopting the landfill budget, which has been prepared and submitted by the Solid Waste Management Council, for calendar year 1998, subject to specific policy directives.
ACTION: Councilmember Godfrey moved and Councilmember Martinez seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Godfrey moved and Councilmember Jolley seconded to adopt Ordinance 86 of 1997, which motion carried, all members voted aye.
(B 97-8)
#4. RE: Accept public comment and consider adopting an ordinance repealing and re-enacting Chapter 2.44 of the Salt Lake City Code relating to conflicts of interest and municipal ethics.
ACTION: Councilmember Godfrey moved and Councilmember Jolley seconded to close the public hearing, which motion carried, all members voted aye.
DISCUSSION: Councilmember Seed announced that an additional hearing and more discussion would be held at a later date.
(O 97-28)
#5. RE: Accept public comment and consider adopting an ordinance amending the City's business license fees in accordance with Utah House Bill #98 of 1997.
ACTION: Councilmember Mark moved and Councilmember Godfrey seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Christensen moved Councilmember Jolley seconded to adopt Ordinance 88 of 1997 with the exception that any proposed fee which would increase be left as it was until further discussion and fees scheduled to go down went down, which motion carried, all members voted aye.
DISCUSSION: Councilmember Mark said the Council was not properly prepared to make a decision. She said this deserved more careful consideration.
Ms. Gust-Jenson said she was under the impression that the ordinance needed to be adopted in December so the City was in compliance with State law. She said revisions could be made in January.
Councilmember Christensen said citizens were concerned with changed fees. He said the City was concerned with the net change in revenue to the City. He said the ordinance increased fees the City would receive by $14,600. He said the issue was to comply with the law. He said the other issue was the fairness of the ordinance with respect to fees.
Roger Cutler, City Attorney said House Bill 98 mandated cities prepare a cost study and then adopt a cost justified fee schedule. He said the bill set a time limit of December 31, 1997.
Councilmember Seed said the Council could adopt the ordinance and then make adjustments in January. Mr. Cutler said adjustments could be made at a later date but could cause refunds to be made.
Councilmember Martinez said he was concerned with the public being uninformed.
Councilmember Christensen asked why the ordinance had been brought before the Council at the last meeting of the year. He said he was not in favor of voting for fee changes.
Greg A. Fredde spoke representing the Utah Taxpayers Association regarding House Bill 98. He said the ordinance was the City's attempt to comply with House Bill 98. He said the bill did not require any city to raise business license fees. He said the bill was intended to be a cost allocation tool, business causing the cost would pay for the cost. He said the bill failed to consider revenue generated by the business community within the City. He said business within the City paid 61% of all property taxes in Salt Lake City.
The following citizens spoke in opposition to the ordinance: Forest Hansen, 1546 South 1600 East. Melene Rose, 893 South McClelland Avenue. Glen Rust, 252 East 300 South. Richard Smith, 1356 Wilton Way. Mark Hurlock, 1861 South Lake Street. Marvin Hess, 468 "J" Street. Bryant Stringham, Utah Woolen Mills, 59 West So. Temple. Mary Lynn Evans, 1104 E. Ashton Avenue. Charles Cowley, 308 Alta Street. James Hoefer, 768 N. 300 West. Greg Ratliff, 1155 E. 2100 South. Richard Merrill, 2315 So. 500 East. Kent Bangerter, owner of Northern Exposure, 1737 No. Beck Street. Kent Merrit, 2315 South 500 East. Bob Kenner, 1364 Major Street. Andrea Barrows, 2119 So. Lakeline Drive.
The following citizens were opposed to the ordinance but did not wish to speak: Jane Marshall, 1935 So. Main #406. Lee Brinton, 4765 Meadowview Road. Stephen G. Roper, 2958 Orchard Drive. J.L. Chandler, 1767 Nevada Street.
( O 97-32)
#6. RE: Accept public comment and consider adopting an ordinance enacting Section 2.52.255, of the Salt Lake City Code, relating to nondiscrimination in employment.
Councilmember Seed as presiding officer called the senior member of the Council, Councilmember Godfrey, to preside over the remainder of the meeting.
ACTION: Councilmember Seed moved and Councilmember Martinez seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Jolley moved and Councilmember Christensen seconded to submit the following as a substitute ordinance: The purpose of this ordinance is to affirm the City's policy that all practices and decisions effecting City employment status rights and privileges shall be instituted and administered using only legally validated job related criteria. Job Readiness. All practices and decisions effecting City employment status rights and privileges including hiring, promotions, compensations, benefits and discipline shall be instituted and administered using only legally valid job related criteria and standards such as experience, training, education, skills and job performance, employment practices and decisions based on all non-job related criteria are prohibited. Anyone found guilty of an illegal act will not be protected by this ordinance, which all Council Members voted nay except Councilmember Jolley and Councilmember Christensen who voted aye.
Councilmember Seed moved and Councilmember Mark seconded to adopt Ordinance 89 of 1997, which motion carried, all members voted aye except Councilmember Jolley and Council Members Christensen who voted nay.
DISCUSSION: Councilmember Seed spoke to her motion. She said she felt this was an issue of basic human rights which was an issue she had campaigned on. She said it was an important issue because society could be bigoted and hateful. She asked City Council Members to support the ordinance.
Councilmember Jolley asked City Attorney Roger Cutler for a clarification regarding Paragraph B, Permitted Practices. He asked if the City was discouraging or encouraging the benefit package for people of different sexual orientation than the standard husband, wife family relationship. Mr. Cutler said the answer was neither. He said current health insurance and other insurance programs provided for heterosexual relationships. He said the ordinance in question was neutral and did not require that insurance plans be altered to provide benefits based on a homosexual relationship. He said in the future insurance plans could be altered and would not effect the ordinance.
Councilmember Jolley said his opposition to the ordinance had been characterized by the media as if he was anti gay or pro-discrimination. He said that was far from the truth. He said he was opposed to the ordinance for many reasons. He said he felt the Council should make sure no one was discriminated against for any reason be it sexual orientation, race, being a single parent, obesity, etc. He said any sort of discrimination was wrong. He said the City needed an ordinance which protected people in the work place so no one could be discriminated against for anything other than work related issues. He said private life should have nothing to do with the work place.
Councilmember Jolley said he would propose an ordinance which would amend Salt Lake City's law to state that Salt Lake City does not discriminate for any reason and all hiring practice done within the City be done with job related criteria. He said he had not heard from anyone that discrimination had occurred within City government. He said a letter written by the Director of Human Resources stated no cases of sexual discrimination based on orientation had been received. He said in the past he had been encouraged by all City Council Members to investigate all avenues for every issues, yet Council Members felt this issue was clear and did not need investigation. He said he did not believe the issue to be clear. He said the issue needed a great deal of thought, discussion, evaluation and refining before passing.
Councilmember Christensen spoke to Councilmember Jolley's motion. He said he concurred with both sides of the issue. He said the City Council should strive not to discriminate against a class. He said the Country had a history of discrimination. He said he could not justify creating a class and protecting them differently than anyone else. He said the City Council should take the time to craft an ordinance which would be directed at discrimination where ever it be found. He said creating an ordinance with a list of classes, whether the classes be sexual orientation or some other class could be unfair. He asked that the Council not make sexual orientation an issue and an ordinance which could be defended and fair to all be adopted.
Councilmember Mark spoke to Councilmember Seed's motion. She said what had been described as "no discrimination to anyone" was a perfect world scenario. She said protection was needed. She said the Council had reports of employees who had felt concern with sexual orientation discrimination. She said City employees were not willing to come forward because they feared discrimination. She said the ordinance was needed.
Councilmember Martinez spoke to Councilmember Seed's motion. He said this was a difficult issue. He said this was not an affirmative action ordinance for gays and lesbians. He said it did not give special rights. He said the intention was for gays and lesbians not to suffer in silence. He said as an Hispanic Councilmember he knew what discrimination was like. He said he strongly supported the ordinance.
Councilmember Milner spoke to Councilmember Seed's motion. She said the Council should not endorse discrimination of any kind. She said the ordinance was very narrowly defined and expressed employment discrimination. She said she supported the ordinance.
Councilmember Jolley stated for the record that because of his feelings regarding the ordinance he felt the issue had not been given proper time or adequate discussion. He said he would vote against the ordinance and would bring the issue back for reconsideration at the first available time in January of 1998. He said if the Council wished to adopt the ordinance it would only be in effect for a few weeks and then would be repealed. He said he felt comfortable that new Council Members shared the same concerns as he did. He said if the ordinance were adopted now it would be symbolic.
Councilmember Christensen said he did not know what the rush to adopt the ordinance was. He said those who had asked for the ordinance had asked for equal protection. He said the ordinance granted unequal protection. He asked the Council to exercise restraint and table the issue.
Councilmember Mark said she, Councilmember Martinez, and Councilmember Godfrey had been voting on issues for the last two months. She said if it was not appropriate for out-going Council Members to vote then changing the induction policy would be necessary. She said 37 citizens had addressed the Council on this issue. She of the 37 people 24 spoke for the ordinance and 13 were in opposition. She said that spoke of what the citizens wanted and how they wanted to be governed.
The following citizens spoke in favor of the ordinance: Tom Rogan, 1112 "3rd Avenue and Councilmember elect for District No. 3. Boyer Jarvis, 2357 Blaine Avenue. Kathy Baer, 863 East 600 South. Doug Wortham, 157 East Coatsville. Rick Bickmore, 118 South 1200 East. David Turner, 386 12th Avenue, Employee of Salt Lake County and spokesperson for the Gay and Lesbian Employee Association of Salt Lake County. Marlin Cridole, 386 12th Avenue. Tracy Vandeventer, 1482 South Lincoln Street. Terry Kogan, 1018 3rd Avenue. Greg Pedoroza, 350 Edith Avenue. Kyle Treadway, 350 Edith Avenue. Jay Bell, 1323 East 4500 South. Erik Strindberg, 525 East 100 South. Richard Cottino, 1762 West Crystal Rock Avenue. Jackie Biskupski, 753 East Roosevelt Avenue. Laura Gray, 1387 South 1000 East. David Ferguson, 746 South 1200 East. Kevin Knowlenberg, 517 South 800 East. Ron Love, 1075 East 600 South. Darren Engleman, 960 South Lake Street. Scott Fairbourne, 960 Lake Street. Mark Swonson, 5560 West Lilac Avenue. Mary Lassalle, P.O. Box 57752. Matt Clark, 780 Kensington Avenue. Stan Penfold, 1070 East 300 South.
The following citizens opposed the ordinance: Leo Jardine,835 Grandridge Court. Richard Bigelow, 238 South 1200 East. Gifford Price, 786 Northpoint Drive. William Plastou, 1625 South West Temple. Glen Haner, 1521 South West Temple. Sandra Richter, 1420 South 900 West. Jennifer Weldon, 975 North 6000 West. Brian Fetzer, 975 North 6000 West. Kent Fetzer, 763 East 500 South. Linda Solie, 46 Chicago Street. Gayle Ruzicka, 5882 West 9600 South, Highland, Utah.
The following citizens were in support of the ordinance but did not wish to speak: Harold Carlson, 3363 Enchanted Hills Drive. Shaun Dalton, 802 Northcliffe Dr. Dennis Earhart, 802 Northcliffe Drive. Mack Lawson, 277 N. "K" Street. Don Rondihelli, 1419 East Westminster Avenue. Carrie Cox, 1332 East Atkin Avenue.
The following citizen asked the Council to postpone the decision: Michael Hainer, 1521 South West Temple.
(O 97-33)