The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, January 13, 1998, 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 Joanne Milner Tom Rogan
Deeda Seed Roger Thompson Bryce Jolley
Keith Christensen
Mayor Deedee Corradini; Roger Cutler, City Attorney; Cindy Gust-Jenson, Executive Council Director; and Beverly Jones, Deputy City Recorder were present.
Councilmember Jolley presided at and conducted the meeting.
#1. The Council led the Pledge of Allegiance.
#2. Councilmember K. Christensen moved and Councilmember Seed seconded to approve the minutes of the Salt Lake City Council meeting held January 6, 1998, which motion carried, all members voted aye.
(M 98-1)
#3. Adopting a resolution in remembrance and in honor of Battalion Chief Timothy Hynes and expressing the City Council's sincere sympathy to his family, friends, and associates.
ACTION: Councilmember Milner moved and Councilmember K. Christensen seconded to adopt Resolution 5 of 1998, which motion carried, all members voted aye.
DISCUSSION: Councilmember Milner read the resolution. Mayor Corradini and Councilmember Jolley presented the resolution to the Timothy Hynes family.
(R 98-1)
CITIZEN COMMENTS TO THE CITY COUNCIL
Bob Fisher, 2172 Hannibal Street, said he was a member of a park watch and he formed the groups Save Sugarhouse Park and Friends of Sugarhouse Park. He said he was upset to find out that Liberty Park was being used to house the overflow homeless people. He said he was worried the homeless people would be moved to Sugarhouse Park. He said the City needed to find a permanent place to house the homeless.
Mayor Corradini said several people were concerned about the homeless overflow at the Boxing Center in Liberty Park. She said it had been used very few nights and was the absolute last line of emergency shelter. She said the City was making sure the homeless were taken to and from the center by van. She said there were security guards at the center.
Councilmember Thompson said last week he had received several calls from constituents in the Liberty Park area. He said they were concerned about the homeless being housed at the Boxing Center. He said with information from the Mayor's Office and the Police Department in terms of explaining how often the center was used, that the homeless were there under guard between the hours of 10:00 p.m. and 7:00 a.m. in the morning the constituents were no longer concerned.
Mary Ann Cervantis, 4009 South 4000 West, said she wanted to address the Virgin Mary tree. She said she had a possible solution for handicapped people to get up the tree. She said recycled PVC product would be an ideal solution for a deck for the tree. She said there could be a handicapped ramp on both sides.
Fred Mauney, 235 South Rio Grande Street, said with all of the controversy going on in the City, he was concerned about the word "fidelity" in the Oath of Office. He said he did not feel the word "fidelity" had been upheld by a certain public official during a term of office. He said that should make the official's term void.
CONSENT AGENDA
ACTION: Councilmember K. Christensen moved and Councilmember Seed seconded to approve the Consent Agenda, which motion carried, all members voted aye except Councilmember Rogan who voted nay.
DISCUSSION: Councilmember Rogan said there were four reappointments on the Consent Agenda. He said the policy of the past City Council had been when individuals were reappointed to boards, they were not asked to reappear before the City Council prior to their reappointment. He said he felt the Council was missing an opportunity to meet individuals which the Council had not met before. He said the Council needed to exercise statutory responsibility in appropriately overseeing the administration of the City government and its boards. He said the Council was missing an opportunity to obtain feedback from individuals who had volunteered their time. He said he would be voting against acting on the Consent Agenda and asked the Council to consider reviewing the policy with regard to reappointments of individuals to City boards.
#1. RE: Approving the reappointment of E. J. "Jake" Garn to the Airport Authority Board for a term extending through January 21, 2002.
(I 98-7)
#2. RE: Approving the reappointment of Gretchen A. Wuerch to the Recreation Advisory Board for a term extending through January 15, 2002.
(I 98-5)
#3. RE: Confirming the re-election of Clark R. Nielsen to the Sugar House Park Authority Board for a term extending through November 1, 2002.
(I 98-9)
#4. RE: Approving the reappointment of Michael F. Jones to the Board of Adjustment for a term extending through December 31, 2002.
(I 98-4)
Approving the reappointment of Marion A. Willey to the Board of Adjustment for a term extending through December 31, 2002.
(I 98-4)
#5. RE: Setting the date of February 10, 1998 at 6:00 p.m. to accept public comment and consider adopting an ordinance rezoning property located at the northwest corner of 500 East and 100 South from Residential Office (RO) to Residential Mixed Use (RMU) pursuant to Petition No. 400-97-65.
(P 98-2)
#6. RE: Setting the date of February 10, 1998 at 6:00 p.m. to accept public comment and consider adopting an ordinance closing a portion of an alley located between Folsom Avenue and 100 South at 900 West pursuant to Petition No. 400-97-11.
(P 98-3)
NEW BUSINESS
#1.RE: Adopting an ordinance enacting Section 21A.34.200 providing a temporary moratorium prohibiting the issuance of building permits for developments within certain described blocks in the area of North Redwood Road pursuant to Petition No. 400-97-16.
ACTION: Councilmember C. Christensen moved and Councilmember K. Christensen seconded to suspend the rules and adopt Ordinance 2 of 1998, which motion carried, all members voted aye.
(P 98-4)
PUBLIC HEARING
#1. RE: Accept public comment and consider adopting an ordinance repealing Section 2.52.255, of the Salt Lake City Code, relating to nondiscrimination in employment.
ACTION: Councilmember K. Christensen moved and Councilmember Seed seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember K. Christensen moved and Councilmember C. Christensen seconded to adopt Ordinance 3 of 1998 repealing Section 2.52.255 and refer to the Administration the drafting of an anti discrimination ordinance which protects all equally without the creation of any class that might afford greater or lesser rights or privileges to any person in this City's workforce. As part of this motion I ask that a reasonable consideration be given to exempting at will employees of the City, which motion carried, Council Members C. Christensen, Thompson, Jolley and K. Christensen voted aye and Council Members Milner, Seed and Rogan voted nay.
Councilmember K. Christensen moved and Councilmember C. Christensen seconded to adjourn the meeting because the Council was completed with the agendaed items, which motion carried, Council Members C. Christensen, Thompson, Jolley and K. Christensen voted aye and Council Members Milner, Rogan and Seed voted nay.
DISCUSSION: The following citizens spoke in opposition to rescinding the ordinance:
Mary Mark, 88 G Street, Guy Beaudoin, 1154 East Whitlock Avenue, L. Dale McPherson, 1136 East 100 South, Dr. Robert Steffensen, 2500 Promontory Drive, Calvin J. Noyce, 160 South 600 East #405, Dee Bradshaw, 215 Kelsey Avenue, Jeff Lund, 1049 Harvard Avenue, Karen Engle, 924 Second Avenue, Mary Westby, 446 South 1100 East, Gena Edvalson, 268 C Street #5, Deana M. Holmes, 1857 South 500 East #A, Lynne McCue-Hamilton, 1384 South 1400 East, Jeff Carter, 935 East 600 South, #22, Marlin G. Criddle, 386 12th Avenue, Mark Swanson, 5506 West Lilac Avenue, Holly Peterson, 457 Emerson Avenue, Stephanie Turpin, 1126 East Harrison Avenue, Cindy Havlicek, 946 South 1500 East, Dianna Cannon, 1154 East 500 South, Richard Bickmore, 118 South 1200 East, Rachel White, 144 2nd Avenue #7, Luci Malin, 140 South Gary Way, Jay Bell, 1323 East 4500 South #36, Nicholas Nero, 157 East Coatsville Avenue, Ben Deterly, 1127 East Harrison Avenue, Doug Wortham, 157 East Coatsville Avenue, Kathy Worthington, 1911 Lake Street, Mark Chambers, no address given, Alison Friedkin, 1283 East Hudson Avenue, Terry Kogan, 1018 Third Avenue, Don Austin, 1390 South 1100 East #101, Stephanie Dennis, 4109 South Clubhouse Drive #4903, Erin Wiser, 811 West 100 South, Robert Moody, 812 South 500 East, Toni Marie Sutliff, 1631 South 800 East, Janie Bennett, 1170 East Harrison Avenue, Dr. Rex Christensen, 48 West Broadway, Arik Herman, 408 East Woodlake Drive #42, Leon Johnson, 212 South 1400 West, Kyle Treadway, 350 East Edith Avenue, Greg Pedroza, 350 East Edith Avenue, Lara Haehle, 851 South Washington Street, Ivy Fox, 149 Windsor Street, Robert Austin, 2562 South Highland Drive, Ed Firmage, 2354 Silver Spring Lane, Geoff Fattah, 1082 South 800 East, Jill Alger James, 1769 Logan Avenue, Bob Palais, 2148 South Wyoming Street, Jeff Bone, 215 East Kelsey Avenue, Boyer Jarvis, 2357 Blaine Avenue, Jackie Biskupski, 753 East Roosevelt Avenue, Reverend Silvia Behrend, 569 South 1300 East, Jessica Engar, 6824 South Luna Way, Erik Strindberg, 525 East 100 South, Gayle Ruzicka, 5882 West 9600 North, Boyd Nyborg, 225 West Broadway #A102, David Kerr, 69 T Street #5, Dorothy Owen, 793 North Sir Patrick Drive, David Jorgensen, 516 New Star Drive, Stephanie N. Jarvis, 351 East 6310 South, Blaine Anderson, 208 South 800 East, Todd Randall, 16 Haxton Place, Bruce Newman, 459 North 600 West, Michael Chase, 29 South State Street, Christina Athas, 1230 11th Avenue, Charles Black, 1200 South 800 East, John Renteria, 358 North 300 West, Ronda Chapman, 28 East 300 North, Randall Lake, 1140 East Bueno Avenue, Dee Peterson, 457 Emerson Avenue, Brett Knight, 1227 South 1000 East, Jim Dabakis, 1455 Tomahawk Drive, Camille Lee, 323 East Milton Avenue, Scott McCusker, 1420 East Sigsbee Avenue, Derrick Yee, 2336 Lakeline Drive, Christopher Quann, 936 Princeton Avenue, Danielle Holt, no address given, Duff Dazley, 118 South 1200 East, Steven Peterson, 509 West 400 North #1, Luke Schlele, 6827 Luna Way, Daren Olsen, 2521 South 300 West, Elizabeth Paige, 1138 East Sherman Avenue, and Lynette Malmstrem, 1624 South 1500 East.
The following citizens spoke in support of rescinding the ordinance:
Glen W. Haner, 1521 South West Temple, Michael Martin, 417 North M Street, Nuchargad Martin, 417 North M Street, Harold Ranquist, 40 North State Street #6C, Kent Jackson Fetzer, 763 East 500 South, Jennifer Weldon, 9750 North 6000 West, Hyland, Utah, Bob Evershed, 69 South University Street, Kathy Baer, 863 East 600 South, Machelle Haner, 1521 South West Temple, Ken Fletcher, 943 South 900 West, Sandra Richter, 1420 South 900 West, Greg Sipple, 125 East 4th Avenue #2, James Gonzales, 2561 South Highland Drive, Linda Solie, 46 Chicago Street, Diane Lavender, 4248 West Benview Drive, John Sellers, 1258 Illinois Avenue, Jon Rogers, 123 Second Avenue, Cindy Griffin, 4049 South Market Street, and D. Costa, 531 South 1535 West.
The following people were not in favor of rescinding the ordinance, but did not wish to speak:
Carol Gnade, 355 North 300 West, Camille Lee, 323 East Milton Avenue, Burke Burr, 1869 South 1100 East, Joe Pitti, 325 North Quince Street, Jeff Sewell, 279 East 5th Avenue #1, Peggi Hathaway, 193 Canyon Road, Ella Jarvis, 351 East 6310 South, Ron Barness, 470 G Street, Erie Liebelt, 1041 Rambler Drive, Tiffany Ranculp, 1172 East Emerson Avenue, Andrew Quintana, 530 Oquirrh Avenue, Oliver White, 1327 Edison Street, Tamera Baggett, 840 Fairmont Circle #3, Jed Clark, 1469 Lincoln Street #B, Jimmie Miller, 990 Yale Avenue, Glenn Sorensen, 81 O Street, Tracy Vandeventer, 1482 South Lincoln Street, Carrie Cox, 1332 East Atkin Avenue, James Viney, 652 Aloha Road, Maureen Davies, 3539 Westwood Drive, Todd Mangum, 1384 South 500 East, Louise Krauer, 662 North Cortez Street, Bill Sutton, 1384 South 500 East, Leanne Eakland, 1637 East Emerson Avenue, Susan Lyons, 711 Second Avenue, Randall Shirley, 40 South 900 East, Jonathan Stoners, 3950 South 4800 West, Sarah Livsey, no address given, La Donna Moore, 1624 South 1500 East, Cindy Bateman, 508 East South Temple #300, Sara Jordan, 630 South Park Street #9, Morgan R. Smith, 826 West Ouray Avenue, John Davenport, 990 Yale Avenue, Elizabeth Paige, 1138 East Sherman Avenue, Mary Lassalee, 5474 Hew Wood Drive, Barbara Rufenacht, 444 Goshen Street, Judi Wiley, 5245 Spring Gate Drive, and Michelle Turpin, 265 East 100 South #300.
The following people were in support of repealing the ordinance, but did not wish to speak:
Jay Christensen, 249 Silver Star Drive, Samantha Francis, no address given, Elizabeth Whitney, 7988 South Sedgemoore, Leon Femino, 427 K Street, and Janet M. Ericson, 4498 West 4695 South.
Councilmember K. Christensen said many people had addressed the issue of sexual orientation and a few had asked that the Council draft a fair and equal ordinance. He said his motion spoke for itself in asking that the Administration draft and present to the Council an anti discrimination ordinance which would protect everyone equally and without the creation of a class for anyone. He said he agreed that no individual should be treated differently. He said he believed it was the consensus of the Council that the issue of discrimination be addressed. He said he felt the Council could agree on the issue of anti discrimination.
Councilmember Seed said this had always been an issue of basic human rights and it would continue to be just that. She said she wished the Council was not considering the repeal of the ordinance which provided basic human rights to a group of people who had faced profound, cruel, and historic discrimination. She said the nondiscrimination ordinance passed in December provided a framework for tolerance within the City. She said the City would be sending the wrong message.
She said she hoped those people who took the time to come to the meeting and share their personal stories would not give up the fight. She said it was a struggle for justice and the fight could not be given up.
Councilmember Milner said she opposed discrimination of any kind. She said there were some classes of people which needed protection. She said she opposed the proposed ordinance.
Councilmember Jolley said it was wrong for any individual to be discriminated against because of who they were, what they believed, and what they felt and did. He said a good government should enact laws which protected everyone. He said he wanted to make sure the City put something in place which protected all people and did not create a special class. He said that would allow human beings to look at one another equally.
Councilmember Jolley said he realized there was discrimination in the gay and lesbian community. He said there was also discrimination which went on in the religious community. He said everyone needed to learn to love and respect all people for the qualities which they had.
Councilmember Thompson said the debate had been focused on the issue of whether or not the City should protect the gay and lesbian community from discrimination. He said not one Council Member felt anyone should be discriminated against. He said the issue was whether or not there was a way to fix the ordinance to make it work better. He said he would not agree to the ordinance unless he was satisfied there was a process involved to make this go forward. He said he wanted to establish an acceptable ordinance. He said the ordinance needed specific language to say that certain characteristics were not taken into account in job practices. He said he hoped the Council could work towards this. He said he wanted to represent to everyone that it was his commitment to come up with an ordinance which had protections in place for all City employees. He said there would be another ordinance within 60 days for the Council to consider.
Councilmember Rogan read policies from the Salt Lake City Council Office Policy Manual and from the Salt Lake City Personnel Management. He said the previous Council in December adopted an ordinance which reflected what was stated in the two policies he had read with one exception. He said there had been no mention of sexual orientation in the policies.
Councilmember Rogan said the motion approved by the Council directed the Administration to consider drafting an ordinance which identified no class of individuals. He said the ordinance adopted by the Council undermined the existing policies of both the City Council and the City Administration. He said he wanted to make a motion on a policy statement which would provide direction and guidance to the administration and to the Council which would reflect the desire that there be no discrimination.
Councilmember Rogan made the following policy statement motion with regard to nondiscrimination in the employment practices of Salt Lake City Corporation: It is the policy and intent of Salt Lake City Corporation that it will not discriminate in the hiring, firing, or compensating of individuals on the basis of race, creed, color, religion, national origin, sex, age, mental disability, physical disability, or sexual orientation.
Councilmember K. Christensen said this motion was not on the agenda and was not an appropriate motion.
Cindy Gust-Jenson, Council Executive Director, said Council rules did state that one should make the motion prior to speaking. She said that rule had not been followed strictly in the past.
Roger Cutler, City Attorney, said the Council could suspend the rules and were not bound by Robert's Rules of Order. He said the more significant issue was that this appeared to be a substitute motion. He said the notice was to repeal the ordinance and request Administration to draft another ordinance. He said if this was intended to be a substitute direction for the City, it was not on the agenda and could not be acted upon without proper notice under the Open Meetings Act.
Councilmember Thompson said the City was sending out a message that suddenly gay and lesbian individuals were not welcome in City government. He said he would support Councilmember Rogan's motion to have a statement of policy. He said the policy could be in place until such time as the Council affected another ordinance.
Mr. Cutler said nondiscrimination was protected by State and Federal law and the action tonight did not suspend the application of the civil rights laws in the State.
Councilmember Rogan said the suggested statement of policy was completely within the power of the Council to adopt and would respond to the misguided direction which was contained in the motion which had passed.
Councilmember K. Christensen said he had a problem with the whole process. He said they were talking about a Council policy and never before had policy been created without it being agendaed for the Council's deliberation and discussion. He said he had a problem putting the language back in because the Council had requested the language be studied. He said the policy should be put on an agenda for committee discussion. He said he would not support the motion.
Councilmember Jolley said one of the objections he had with the ordinance adopted in December was that sexual orientation was added. He said he was concerned the ordinance did not cover all types of people. He said he had a problem with protection of a class whether it was an ordinance or a policy. He said the Council should not create additional special classes. He said all people needed to be protected.
Councilmember Rogan said the motion was intended to reflect the intent of the Council with regard to policy. He said it was not an ordinance and it did not bind anyone. He said the policy would give direction.
(O 97-33)
The meeting adjourned at 10:47 p.m.