The City Council of Salt Lake City, Utah met in Regular Session on Tuesday, June 11, 1996, at 6:00 p.m., in Room 315, City County Building, 451 South State Street.
The following Council Members were present:
Stuart Reid Deeda Seed Bryce Jolley
Tom Godfrey Keith Christensen
The following Council Members were absent:
Joanne Milner Sam Souvall
Mayor Deedee Corradini; Roger Cutler, City Attorney; Cindy Gust-Jenson, Executive Council Director; and Chris Meeker, Chief Deputy City Recorder were present.
Councilmember Christensen presided at and Councilmember Godfrey conducted the meeting.
#1. The Council led the Pledge of Allegiance.
#2. Councilmember Jolley moved and Councilmember Seed seconded to approve the June 4, 1996 Regular Council meeting minutes, which motion carried, all members present voted aye.
(M 96-1)
#3. Approving a joint resolution with the Mayor for National Night Out against crime, Tuesday August 6, 1996.
Action: Councilmember Seed moved and Councilmember Christensen seconded to approve Resolution 36 of 1996, which motion carried, all members present voted aye.
(R 96-1)
DISCUSSION: Councilmember Seed presented the resolution to Barry Esham, Crime Prevention Specialist.
(R 96-1)
CITIZEN COMMENTS TO CITY COUNCIL.
The following citizens spoke against adopting an ordinance amending Chapter 5.14, Salt Lake City Code, relating to rental dwellings.
Craig Cook, 3645 East 3100 South, Forest Hansen, 1546 South 1600 East, Bob Fizher, 2172 Hannibal Street, Judi Morrell, 4880 Trail Avenue, Blakely Summerfield, 2000 South 2100 East, Elma Bradshaw, 178 North I Street, John Anderson, 758 East 600 South #3, Jo Payne, 984 South 200 East #26, Brad Allen, 2175 Oneido Street, Grayson Wright, 979 2nd Avenue, Christine Cowan, 853 South 900 East #1, Hans Jorgensen, Paxton Avenue, Lee Vincent, 2167 South 300 East, Tilly Garcia, P.O. Box 52158, Deanna Wankieh, 461 2nd Avenue, Garrell Wankier, 461 2nd Avenue, Jon Olson, 1558 Michigan Avenue, Don Stauffer, 32 "H" Street, Gene Baierschmidt, 1398 East Downington, Scott Bradshaw, 6645 South 3040 West, Mike Moore, 1580 South 900 West, Robert Warren, 3907 West Meadowgate Drive, Rainer Huck, 1681 Atkin Avenue, Hans Infewierden, 79 O Street.
The following citizens spoke in favor of adopting an ordinance amending Chapter 5.14, Salt Lake City Code, relating to rental dwellings;
Karen Silver, 7645 South 200 West, Ivanne Salazar, 764 South 200 West,
The following citizens were against adopting an ordinance amending Chapter 5.14, Salt Lake City Code, relating to rental dwellings but did not wish to speak.
Jack Ellefsen, 1834 Independence Boulvard #A, Harold Higley, 3106 South 2700 East, Ranoy Copple, P.O. Box 18084, David Kirz, 1064 Morris Place, Maria Von Vimar, 1679 East 2810 South, John Sulick, 217 Almond, Lynn Jorgensen, 147 Paxton Avenue, Robin Nielsen, 155 Paxton Avenue, Charlotte Maloney, 428 4th Avenue, Mary Maloney, 1064 Morris Place, John Morrell, 4880 West Trail Avenue.
(O 96-28)
CONSENT AGENDA
ACTION: Councilmember Christensen moved and Councilmember Seed seconded to approve the Consent Agenda, which motion carried, all members present voted aye.
#1. RE: Adopting Resolution 29 of 1996, authorizing the approval of an amendment to an interlocal cooperation agreement between Salt Lake City Corporation, and Salt Lake City School district regarding Comprehensive Community Program.
(C 95-360)
#2. RE: Adopting Resolution 30 of 1996, authorizing the approval of an interlocal cooperation agreement between Salt Lake City Corporation and Salt lake County for the construction to the 2100 South stormdrain facilities from 1700 East and Parley's Creek to 2300 East.
(O 96-323)
#3. RE: Adopting Resolution 31 of 1996, authorizing the approval of an interlocal cooperation agreement between Salt Lake City corporation and Salt Lake County for cost sharing in a 1996 UPDES multi-media campaign.
(C 96-324)
UNFINISHED BUSINESS
#1. RE: Approving a resolution adopting the issuance of approximately $780,000,000 of the City's Adjustable Rate Subordinated Airport Revenue Bonds, Series 1996A.
(Q 96-2)
ACTION: Councilmember Christensen moved and Councilmember Reid seconded to adopt Resolution 32 of 1996, which motion carried, all members present voted aye.
(Q 96-2)
#2. RE: Adopting an ordinance amending Chapter 5.14, Salt Lake City Code, relating to rental dwellings.
ACTION: Councilmember Christensen moved and Councilmember Reid seconded to adopt Ordinance 33 of 1996, funding the rental unit licensing program as of July 1, 1996, establishing the ordinance effective date as October 1, 1996 for apartment buildings containing 3 or 4 units and establishing an effective date of January 2, 1997 for rental units or buildings holding 1 or 2 apartments, which motion carried, all members present voted aye.
Councilmember Jolley moved and Councilmember Seed seconded to amend the motion by adding a legislative intent directive to the Administration that the following items be discussed with City Council Members prior to the implementation on October 1, 1996, which motion carried, all members present voted aye.
A. Specific resources the City has available to assist landlords with upgrading their properties, and a description of how referrals will be made between the divisions of City Government responsible for providing the enforcement, and the assistance.
B. An outline of the various appeals which a landlord may use, including building and housing as well as zoning appeals.
C. What time frame and appeals process will landlords who own non-complying structures have to come into compliance and/or cease operation?
D. A summary of life safety and all other specific issues building inspectors would reference when compiling the final inspection letter/report with Notice and Order.
E. A listing of all ordinances and laws the building inspectors would reference when compiling the final inspection letter/report with Notice and Order.
F. An overview of how the City will identify rental units to be inspected and whether there would be a penalty for landlords who do not seek City licensure in a timely manner.
G. An overview of whether the Administration will link the data gathered through the apartment license program with the City's Comprehensive Housing Study.
H. Effect of ordinance on rental market.
I. The time frame when the Relocation Assistance Program would be functioning to assist displaced renters.
J. Information on when Landlord Grant/Loan Program would be in place to assist landlords who need to make repairs, but cannot afford to do so.
K. Investigate the impact the ordinance would create by exempting the owner of owner occupied single units plus one unit attached.
DISCUSSION: Councilmember Jolley said he had investigated the rental license program. He said he had spoken to many landlords but few tenants had responded. He said he felt the difficulty was the decision being made within the budget process and the impact it would have. He said many questions needed to be answered before the effective date. He said he hoped to have the list of concerns answered before the effective date of the ordinance.
Councilmember Jolley said modification could be made to the ordinance before the effective date. He said he was in favor of inspecting rental units but not in favor of inspecting private homes. He said his goal and the goal of the Council was to have safe dwellings. He said in the future good landlords should be rewarded by waiving the inspections for 3 to 5 year periods or waiving the business license fee. He said the time had not been taken to address all of the options.
Councilmember Christensen said he wanted to speak to the amended motion. He said the entire Council had been concerned with the issue and he said the decision had been made with serious study. He said he personally believed every individual had the right to safe habitability. He said if the ordinance saved one life, he was willing to support it. He said a public hearing had been held at an earlier date, public comment had been accepted this evening and he had personally spoken to the issue on KSL.
Councilmember Christensen said concerning the code issues, not all code had to comply to current requirements. He said the vacancy rate was 3% to 5%. He said given the shortage of rental housing, tenants were not in a position to complain about the condition of many units. He said many tenants were at the mercy of unscrupulous landlords. He said the market did not encourage landlords to keep rental properties in good repair. He said the ordinance was not aimed to discourage good landlords from being good landlords. He said he supported the amendment to his motion which Councilmember Jolley had proposed. He said this amendment to the motion would help the Council understand the implications and the impacts the ordinance would have. He said the Council would reevaluate the ordinance and make any appropriate adjustments.
Councilmember Seed said she had concerns with the ordinance from the beginning. She said she had been opposed to the inspection of all units because she felt the City was not doing an adequate job inspecting units already needing to be inspected. She said she felt the City needed to do a better job inspecting the 5 or more units which were currently in the ordinance for inspection. She said she felt the enforcement was hit and miss. She said she was concerned the ordinance added too much. She said she it was with great concern that she was voting on the ordinance because she wished that the questions had been answered before taking action.
Councilmember Seed said her other concern was the tight housing market. She said this was a dilemma and not an easy issue to deal with. She said the impact of the ordinance needed to be watched closely.
Councilmember Reid said Salt Lake City was not the first City to pass an ordinance like this. He said this was not creating a new bureaucratic agency. He said the inspection division was in place. He said privacy was not being invaded. He said discussions regarding the housing market, specifically in low income areas had taken place months ago. Councilmember Reid said the ordinance was not a tool to raise revenue. He said the concern was the habitability of dwellings. He said in all businesses, a level of regulation was needed to insure that clients were provided with a certain level of service and protection. He said rental units were a business. He said the Council would implement and review the ordinance for impacts over the next year.
Councilmember Godfrey said many of the citizens who called him said they resented having to purchase a business license. He said he did not understand this. He said people who were in the rental business were truly in the rental business. He said most business's had standards. He said over the last two years as the Housing Code had been reviewed the Council had concluded that the City was not inspecting to the degree which it should be. He said the Council also concluded if the Housing Code was to be re-written it should be applied to all rental properties. He said he would do what was right for his district and for Salt Lake City. He said he would support the ordinance.
(o 96-28)
#3. RE: Adopting an ordinance amending Section 12.56.550 Salt Lake City Code, relating to unauthorized use of streets, parking lots and other areas/penalties.
ACTION: Councilmember Seed moved and Councilmember Jolley seconded to approve Ordinance 34 of 1996, which motion carried, all members present voted aye.
(O 96-27)
#4. RE: Adopting an ordinance adopting the final budget, excluding the budget for the Library Fund which is separately adopted, and the employment staffing document of Salt Lake City, Utah for the fiscal year beginning July 1, 1996 and ending June 30, 1997.
ACTION: Councilmember Christensen moved and Councilmember Jolley seconded to approve Ordinance 35 of 1996, approving Salt Lake City's final budget for the fiscal year beginning July 1, 1996 and ending June 30, 1997, including the staffing document, as presented by the Mayor and modified by the Council as reflected in attachments to the ordinance of $387,516,623 with $114,549,525 being allocated to the City's general fund, which motion carried, all members present voted aye.
(B 96-1)
#5. RE: Adopting an ordinance establishing Salt Lake City's certified tax rate of 0.004662 upon all real and personal property within Salt Lake City, made taxable by law for the fiscal year commencing July 1, 1996 and ending June 30, 1997.(General fund = 0.003854;
Library fund = 0.000808).
ACTION: Councilmember Reid moved and Councilmember Jolley seconded to approve Ordinance 36 of 1996, which motion carried, all members present voted aye.
(O 96-31)
ACTION: Councilmember Reid moved and Councilmember Jolley seconded to adopt Items F-6 through F-14, Ordinance 36 through 45 of 1996, which motion carried, all members present voted aye.
#6. RE: Adopting Ordinance 37 of 1996 approving a Memorandum of Understanding between Salt Lake City Corporation and Local 1004 of the American Federation of State, County and Municipal Employees (AFSCME) representing the "100 Series" City employees.
(O 96-23)
#7. RE: Adopting Ordinance 38 of 1996 approving a Memorandum of Understanding between Salt Lake City Corporation and Local 1004 of the American Federation of State, County and Municipal Employees (AFSCME) representing the "200 Series" City employees.
(O 96-22)
#8. RE: Adopting Ordinance 39 of 1996 approving a Memorandum of Understanding between Salt Lake City Corporation and Local 1645 of the International Association of Firefighters representing the "400 Series" City employees.
(O 96-21)
#9. RE: Adopting Ordinance 40 of 1996 appropriating necessary funds to implement, for fiscal year 1996-97, the provisions of the Memorandum of Understanding between Salt Lake City Corporation and Salt Lake Police Association, Local 75 AFL-CIO, representing "500 Series" City employees.
(O 96-20)
#10. RE: Adopting Ordinance 41 of 1996 approving the Compensation Plan for "300 and 600 Series" employees of Salt Lake City.
(O 96-15)
#11. RE: Adopting Ordinance 42 of 1996 approving the Compensation Plan for "700 Series" employees of Salt Lake City.
(O 96-16)
#12. RE: Adopting Ordinance 43 of 1996 approving the Compensation Plan for Police Department "800 Series" employees of Salt Lake City.
(O 96-17)
#13. RE: Adopting Ordinance 44 of 1996 approving the Compensation Plan for exempt Fire Department employees of Salt Lake City.
(O 96-18)
#14. RE: Adopting Ordinance 45 of 1996 approving the Compensation Plan for executive employees and elected officials of Salt Lake City.
(O 96-19)
#15. RE: Adopting an ordinance adopting the final budget for the Library Fund of Salt lake City, Utah for the fiscal Year beginning July 1, 1996 and ending June 30, 1997. The budget totals $9,251,783.
ACTION: Councilmember Jolley moved and Councilmember Christensen seconded to adopt Ordinance 46 of 1996, which motion carried, all members present voted aye.
(B 96-1)
#16. RE: Adopting a resolution adopting the budget of the Municipal Building Authority of Salt Lake City for fiscal year 1996-97.
ACTION: Councilmember Christensen moved and Councilmember Jolley seconded to recess as City Council, which motion carried, all members present voted aye.
Councilmember Christensen moved and Councilmember Jolley seconded to convene as the Municipal Building Authority, which motion carried, all members present voted aye.
Councilmember Christensen moved and Councilmember Reid seconded to adopt Resolution 35 of 1996, which motion carried, all members present voted aye.
Councilmember Christensen moved and Councilmember Jolley seconded to recess as the Municipal Building Authority, which motion carried, all members present voted aye.
Councilmember Christensen moved and Councilmember Jolley seconded to reconvene as the City Council, which motion carried, all members present voted aye.
(B 96-2)
#17. RE: Adopting a motion approving the City Council's Legislative Intent Statements for fiscal year 1996-97. (See attached)
ACTION: Councilmember Reid moved and Councilmember Christensen seconded to approve the City Council's Legislative Intent Statements for fiscal year 1996-97 with the exclusion of the intent of City Council to conduct a management and performance review of the Police Department during fiscal year 1996-97, which motion carried, all members present voted aye except Councilmember Seed who voted nay.
Councilmember Seed moved and Councilmember Jolley seconded to approve the City Council's Legislative Intent Statement language to conduct a management and performance review of the Police Department during fiscal year 1996-97. Further, it is the Council's intent that the review focus on the effectiveness of specific programs in the department, such as the resource officer program, the DARE program etc., which motion carried, all members present voted aye except Council Members Reid and Christensen who voted nay.
(G 96-13)
• That the Administration present a draft Open Space Ordinance to the City Council for consideration by October 1, 1996. The draft agreement should be sensitive to the community's concerns as well as the Council's desire to develop public/private partnerships with respect to open space issues.
•
• That data be collected, maintained, and analyzed with regard to the apartment licensing program to specifically track the number of life/safety violations occurring in owner occupied rental units versus non owner occupied rental units.
•
• That prior to expending Housing Trust funds for a housing demonstration project, the Administration forward to the City Council a policy paper describing the Administration's application and review process for the program, including a detailed description of community participation in the process.
• Based upon recent housing discussion with the Council, the Redevelopment Agency Board and local non-profit organization, it is the intent of the City Council to request that the Administration update and revise the City's 1989 Housing Policy Plan to provide a comprehensive housing policy plan that (1) addresses a board and complete examination of housing from high-end expensive homes to providing for the homeless and special needs populations; (2) includes an in-depth, current housing opportunities assessment; (3) provides current housing data, statistics and mapping; and (4) establish a process for maintaining current housing information.
•
• That the Administration examine the benefits and costs of establishing a Housing Trust Board including analysis of using an established group such as the Housing Advisory and Appeals Board, the Redevelopment Advisor Committee or the Futures Commission Neighborhoods Sub-Committee.
•
• Because housing is a high priority of the City Council, it is the intention of the City Council to request that the Administration provide quarterly reports updating the Council regarding current housing information and progress on the City's housing initiatives. (Including the Comprehensive Housing Policy Plan)
•
• Inasmuch as the City's commitment for each sworn position at the Police Department includes not only costs associated with compensation, but significant equipment and vehicle costs as well, it is the intent of the City council to be notified of each sworn position change to civilian throughout the fiscal year.
•
• To conduct a management and performance review of the Police Department during fiscal year 1996-97. Further, it is the Council's intent that the review focus on the effectiveness of specific programs in the department, such as the resource officer program, the DARE program, etc.
•
• That an ordinance be presented to the Council formally re-establishing the Golf Advisory Board. It is the Council's intent that the ordinance be presented for consideration by July 9, 1996.
•
• To hold a policy discussion with the Administration during the first quarter of fiscal year 1996-97 to discuss the overall capital needs of the City, including the needs of the general fund, water fund, sewer fund, stormwater fund, and refuse fund. Further, it is the Council's intent that the discussion focus on alternative funding strategies to ensure that the long-term capital and program needs of the City are met.
•
• To hold policy discussions relative to the Refuse Fund's service level, fee structure, and capital needs in the second quarter of fiscal year 1996-97 with objectives ready for implementation by January, 1997.
•
• To monitor funds expended City-wide (including enterprise funds) for contractual consultants to assist with human resource related functions.
•
• That the Administration develop performance criteria for the park security program in the Public Services Department and monitor the program throughout the fiscal year to determine its effectiveness.
•
• To hold a major policy and issue discussion with the Fire Department to discuss the Department's goals and strategies for the future in October, 1996.
#18. RE: Adopting a resolution authorizing the issuance of approximately $6,955,000 of the City's Water and Sewer Revenue Refunding Bonds, Series 1996.
ACTION: Councilmember Christensen moved and Councilmember Jolley seconded, to adopt Resolution 33 of 1996, which motion carried, all members present voted aye.
(Q 96-3)
#19. RE: Adopting a resolution authorizing the issuance of approximately $15,000,000 of the City's Tax and Revenue Anticipation Notes, Series 1996.
ACTION: Councilmember Jolley moved and Councilmember Seed seconded to adopt Resolution 34 of 1996, which motion carried, all members present voted aye.
(Q 96-4)
PUBLIC HEARINGS
#1. RE: Accept public comment and consider adopting an ordinance amending the Fiscal Year 1995-96 Budget. (Amendment #10).
ACTION: Councilmember Reid moved and Councilmember Jolley seconded to close the hearing, which motion carried, all members present voted aye.
Councilmember Reid moved and Councilmember Jolley seconded, to adopt Ordinance 47 of 1996, which would include and be limited to Option No. 3, found on the staff report, which motion carried, all members present voted aye.
(B 95-1)
#2. RE: Accept public comment and consider adopting an ordinance vacating and closing portions of the alley located between 800 West and Grant Street and between 600 North and 500 North Streets, pursuant to Petition No. 400-95-94.
ACTION: Councilmember Reid moved and Councilmember Seed seconded to close the hearing, which motion carried, all members present voted aye.
Councilmember Reid moved and Councilmember Seed seconded to adopt Ordinance 48 of 1996, which motion carried, all members present voted aye.
DISCUSSION: William Skuppin, 532 North 800 West, said he lived on the south end of the alley proposed to be closed. He said he wanted the alley closed. He said the alley needed to be cleaned. He said an unwanted element used the alley for contraband and he was tired of cleaning the alley. He said the alley was a burden to the City.
(P 96-49)
MEETING ADJOURNED