The City Council of Salt Lake City, Utah met in Regular Session on Tuesday, May 21, 1996, at 6:00 p.m. in Room 315, City County Building, 451 South State Street.
The following Council Members were present:
Stuart Reid Joanne Milner Sam Souvall
Deeda Seed Tom Godfrey Bryce Jolley
Keith Christensen
Kay Christensen, Mayor's Chief of Staff; Roger Cutler, City Attorney; Cindy Gust-Jenson, Executive Council Director; and Scott Crandall, Deputy Recorder were present.
Councilmember Christensen presided at and Councilmember Seed conducted the meeting.
#1. The Council led the Pledge of Allegiance.
#2. Councilmember Godfrey moved and Councilmember Souvall seconded to approve the minutes of the Salt Lake City Council meeting held May 14, 1996, which motion carried, all members voted aye.
CONSENT AGENDA
ACTION: Councilmember Godfrey moved and Councilmember Souvall seconded to approve the Consent Agenda, which motion carried, all members voted aye.
#1. RE: Approving the appointment of Genevieve Atwood to the Metropolitan Water District for a term extending through May 15, 2002.
(I 96-10)
#2. RE: Setting the date of June 11, 1996 at 6:00 p.m. to accept public comment and consider adopting an ordinance amending the Fiscal Year 1995-96 Budget.
(B 95-1)
#3. RE: Setting the date of June 11, 1996 at 6:00 p.m. to accept public comment and consider adopting an ordinance vacating and closing portions of the alley between 800 West and Grant Street and between 600 North and 500 North Streets pursuant to Petition No. 400-95-94.
(P 96-49)
#4. RE: Resetting the date from June 4, 1996 to July 2, 1996 at 6:00 p.m. to accept public comment and consider adopting an ordinance amending Section 16.60.110 of the Salt Lake City Code, 1988, as amended, relating to airport ground transportation vehicle fees.
(O 96-29)
PUBLIC HEARINGS
#1. RE: Accept public comment and consider adopting an ordinance amending Section 16.12.190 of the Salt Lake City Code, relating to an increase of fuel and oil royalties.
ACTION: Councilmember Godfrey moved and Councilmember Christensen seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Godfrey moved and Councilmember Reid seconded to adopt Ordinance 28 of 1996, which motion carried, all members voted aye.
(O 96-14)
#2. RE: Accept public comment and consider adopting an ordinance amending the Fiscal Year 1995-96 budget.
ACTION: Councilmember Christensen moved and Councilmember Reid seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Christensen moved and Councilmember Godfrey seconded to adopt Ordinance 29 of 1996, which motion carried, all members voted aye.
(B 95-1)
#3. RE: Accept public comment and consider 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, including:
a. Accept public comment and consider adopting an ordinance 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)
b. Accept public comment and consider adopting an ordinance 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)
c. Accept public comment and consider adopting an ordinance 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)
d. Accept public comment and consider adopting an ordinance appropriating necessary funds to implement for fiscal year 1996-97, the provisions of the Memorandum of Understanding between Salt Lake City Corporation and the Salt Lake Police Associations, Local 75 AFL-CIO representing 500 Series City employees.
(O 96-20)
e. Accept public comment and consider adopting an ordinance approving the Compensation Plan for 300 and 600 series employees of Salt Lake City.
(O 96-15)
f. Accept public comment and consider adopting an ordinance approving the Compensation Plan for 700 series employees of Salt Lake City.
(O 96-16)
g. Accept public comment and consider adopting an ordinance approving the Compensation Plan for 800 series employees of Salt Lake City.
(O 96-17)
h. Accept public comment and consider adopting an ordinance approving the Compensation Plan for exempt Fire Department 900 Series employees of Salt Lake City.
(O 96-18)
i. Accept public comment and consider adopting an ordinance approving the Compensation Plan for executive employees and elected officials of Salt Lake City.
(O 96-19)
j. Accept public comment and consider adopting an ordinance amending Section 12.56.550, Salt Lake City Code, relating to unauthorized use of streets, parking lots, and other areas-penalties.
(O 96-27)
k. Accept public comment and consider adopting an ordinance amending Chapter 5.14, Salt Lake City Code, relating to rental dwellings.
ACTION: Councilmember Godfrey moved and Councilmember Christensen seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Godfrey moved and Councilmember Christensen seconded to refer Item G-3, a thru k and Item G-4 to June 11, 1996 for formal consideration, which motion carried, all members voted aye.
DISCUSSION: Nina Dougherty, 638 6th Avenue, said she was concerned about the elimination of the Alternative Transportation Coordinator position. She said this position required someone with background and knowledge. She said the focus of the Master Plan was on alternative transportation and this decision was premature. She said she was also concerned about funding for bicycle and pedestrian transportation.
Councilmember Souvall asked Cindy Gust-Jenson if someone could get back with Nina on her concerns and make sure the person who dealt with alternative transportation had expertise in that area. Ms. Gust-Jenson said the Council had not received information on this issue and would be fully briefed during the Public Services briefing next week.
Rainer Huck, 1680 East Atkin Avenue, spoke for the Salt Lake City Rental Property Owners Association. He said the Council needed to extend the public comment period for an additional month. He said no one in his organization was aware of the meeting. He said this ordinance would allow inspectors to enter any housing unit whenever they wanted to. He said the cost incurred would be passed on to renters. He said this ordinance would punish responsible landlords and tenants. He said the annual inspection program should be voluntary. He said the current system of response to complaints was all that was necessary to deal with dangerous and unsafe conditions. He said there was enough government intrusion without passing this ordinance.
Councilmember Souvall said he did not think landlords would police their own units or tenants would have enough confidence to complain. He asked Mr. Huck if his organization policed their members. Mr. Huck said it was in the best interest of the landlord to take care of their property. He said the City's Fit Premise ordinance protected tenants who made complaints against their landlords.
Greg Fredde said he was a research analyst for the Utah Taxpayers Association. He said in addition to concerns expressed by Mr. Funk this proposal punished landlords who owned a small number of rentals. He said because of the inequity of this proposal, the Taxpayers Association could not support this amendment. He said the Association wanted the Council to modify the fee schedule so each unit carried its own weight.
Tim Funk, 347 South 400 East, presented a handout to the Council. He said he supported the Mayor's contribution of $300,000 to the City Housing Trust Fund. He said many things could be done through the Housing Trust Fund and encouraged a more comprehensive housing plan for the City. He said a Housing Board was needed for the Trust. He said the Council needed to address the rental fee inequity.
Cheryl Ek, 1461 South West Temple, said the J.E.D.I. Women supported some of the rental dwelling proposal. She said they were concerned the fees would be passed on to tenants. She said if an apartment was considered nonhabitable, the low income tenants would have no place to live. She said they were also concerned about the repercussions from landlords when their tenants made complaints. She asked the Council to increase protection for the low income families and look at ways for them to find affordable housing.
Sharon Abegglen, 764 South 200 West, said she was with the Salt Lake Community Action Program. She said they were in support of the proposed inspection of all rental units with some exceptions. She said they had questions regarding owner occupied units which were in compliance with safety regulations but not in compliance with other regulations such as parking. She said they were also concerned about increased costs to renters. She said inspections were not as thorough as they should be. She said her agency received 8,000 complaint phone calls per year on rental housing units. She asked the Council to consider safety issues versus full compliance under the program guidelines.
Councilmember Reid said the concerns, which had been expressed, were felt by the Council as well. He said he did not have a solution for renter costs. He said there would be cost impacts from fees and required improvements. He asked Ms. Ebegglen if she had any solutions or recommendations. Ms. Ebegglen said she was working with a number of groups to prepare a proposal for the Council. Councilmember Reid said the Council wanted to make sure the housing stock in Salt Lake was safe and healthy. He said he was interested in any ideas on how the City could lessen the cost impact on renters.
Cindy Cromer, 816 East 100 South, said eliminating the alternative transportation coordinator position without having a viable alternative concerned her. She said cross loading the duties to traffic was not a viable alternative. She said she was a landlord and her tenants did not want her or the City coming to their residence on a regular basis. She said it was an invasion of their privacy and they deserve the same rights as a property owner.
Linda Lepreau, 252 Douglas Street, said she had the same concerns about the elimination of the Alternative Transportation Coordinator as Ms. Dougherty and Ms. Cromer. She said she was concerned that the duties would be defused throughout the department and eventually no one would be responsible to see that alternative methods of transportation, as outlined in the Master Plan, were implemented.
Roger Borgenicht, 218 East 500 South, said he was the Director of Assist and opposed the elimination of the Alternative Transportation Coordinator. He said the Transportation Master Plan stated that Salt Lake City would create a multi modal transportation system. He said the City needed one person to be responsible to develop and promote new ideas for managing transportation.
Scott Carter, 2084 East Parkway Avenue, said he was a landlord and a number of his rentals were inspected on a periodic basis. He said some duplexes he owned required alterations which would cost thousands of dollars. He said he would have to pass those costs on to his tenants. He said more thought needed to go into the proposal.
Rosemary Quatrale, 713 8th Avenue, said her daughter attended Ensign School. She said the crossing guard was removed in September, 1995. She said this area was a major route for the University and was the only access to the school. She said she organized volunteers to work at the crossing but this was not always reliable. She said approximately 70 students crossed daily and wanted funding for crossing guards.
Councilmember Seed said the Council would be holding a discussion on this issue in a few days and would let Ms. Quatrale know.
Bob Ellefsen, 1809 Rio Way, said he had been a landlord for ten years. He said government was already intrusive enough. He said he tried to keep his rents down, but added costs would be passed on to his tenants. He said more time needed to be spent determining what costs tenants would have to bare and looking at the limited supply of housing available.
Joel Coleman, 1228 Lyman Court, said he was a teacher. He said the only way he could get into a home was to buy a duplex so the rent would offset the mortgage payment. He said this proposal would hurt landlords like himself who only had one unit. He said he would not be able to pass the cost to his tenants. He said, in this case, a $70 business license fee was outrageous. He said he hoped the Council would consider the affect this would have on him and others in the same situation.
Gene Nicolo, 1717 East 1700 South, said his objections had already been presented. He said he wanted to know why the Council wanted to charge a $70 business license as part of the fee. He said he also wanted to know why condominiums were excluded from the fee and why single units and duplexes were being brought into the program.
Councilmember Reid asked the City's Housing staff to meet with Mr. Nicolo after the meeting to answer his questions.
Jon Olson, 1558 East Michigan Avenue, said there were already provisions for inspections when there were problems with a property. He said the license fee was a minor factor. He said the real cost would come from any necessary repairs resulting from code violations. He said rents would go up and apartments would be closed. He said he did not think the ordinance would accomplish anything.
Craig Cook, 3645 East 3100 South, said he was a landlord and an attorney. He said there was not enough notice of the meeting. He said the ordinance discriminated between property owners and renters. He said if fire hazard were a safety concern, every property in the City should be inspected. He said the majority of fires were caused by people. He said the ordinance presented a constitutional problem.
Elena Hachikyan, 860 Parkway, said she agreed with Mr. Cook's comments. She said there was not enough notice prior to the meeting.
Councilmember Godfrey said the budget items on tonight's agenda would not be voted on until the June 11, 1996 Council meeting. He said people still had time to make comments and suggestions to the Council.
Cheri Carleson, 2163 Wellington, said she was concerned about the discharge of untreated storm water being put into urban streams. She said when she asked the Public Utilities Department why this was happening, they told her no money was available to handle that type of treatment facility. She said she obtained a copy of the budget and recommended on Page 70, Section 3, isolating the capital improvement items from the debt service items.
Scott Williams, 319 L Street, said he was a public health official. He said he saw a recent report which showed motor vehicle pedestrian injuries in Utah were among the highest in the country for children. He said work needed to be done to reduce these injuries and deaths. He said he had three children at Ensign School and wanted the Council to fund a crossing guard at 11th Avenue and L Street. He said the volunteer program was some help but was not always reliable. He said this was a local public safety issue and asked the Council to fund the proposed crossings.
Bob Fisher, 2172 Hannibal, said he was a landlord and was opposed to the rental dwelling amendment.
Jack Ellefsen, 1834 Independence Boulevard, said he had constructed and managed rental units for the past 30 years. He said was opposed to the amendment. He said he the City already had an ordinance regulating housing and there were also national codes. He said if this amendment passed, property owners might withdraw rental properties from the market. He said the amendment would cause increased costs, which would increase rents. He said the current ordinance needed to be enforced rather than adding more regulations.
Tom Darais, 326 K Street, submitted written comment requesting a crossing guard at Ensign School.
Councilmember Souvall said the Council wanted citizens comments and suggestions. He said he wanted renters to have safe dwellings and asked Roger Evans, Director of Building Services and Licensing, if any renters associations regulated their members. Mr. Evans said he was not aware of any that were self regulated.
Councilmember Godfrey said Council directed staff to develop the housing code with flexibility. He said the Council was concerned about having adequate housing and did not want to create a burden for property owners. He said the Council was also concerned about the number of people who had died due to unsafe circumstances. He said there seemed to be a reluctance to have inspections because people might have to put money into their dwellings. He said inspections could not be done on a complaint only basis because some tenants were afraid to complain because their landlords might evict them. He said the Council did not want properties to be closed or people to be thrown out of habitable dwellings. He said there were sources of help for those who needed to make their properties habitable.
Councilmember Christensen said he agreed with Councilmember Godfrey's comments. He said problems like these were difficult to solve because of the lack of funding and manpower. He said the real issue was cost versus benefit analysis. He said the Council wanted suggestions and ideas from citizens and asked them to keep in mind there was limited funding.
Councilmember Jolley said landlords and tenants needed to be educated concerning their rights and responsibilities toward each other. He said this could be part of the inspection process. He said the Council wanted suggestions, solutions, and creative involvement from the community.
Councilmember Reid said there were vulnerable people in the community who lived in substandard housing and government had the responsibility to protect the public. He said this amendment required balance.
Councilmember Milner said the intent of the ordinance was to address landlords who negatively impact the community. She said it was difficult to find the proper balance between landlord and tenant responsibility. She said the Council welcomed insightful recommendations.
Councilmember Seed said she did not think the City was doing enough to inspect the current housing stock. She said she was concerned about adding more when the City could not handle what was currently in place. She said another issue was habitability. She said the Council was concerned that citizens had safe, affordable housing. She said there were issues of esthetics versus serious safety hazards. She said this ordinance could further restrict the affordability of housing. She said maybe the Council needed to see how the program worked before including landlords with one or two units. She said there were a number of issues and questions which needed to be answered and asked the community to present creative solutions to the Council. She said when making suggestions, keep in mind the City needed to balance housing demand, habitability, and safe living conditions.
(O 96-28)
#4. RE: Accept public comment and consider 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.
ACTION: Councilmember Godfrey moved and Councilmember Christensen seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Godfrey moved and Councilmember Christensen seconded to refer Item G-3, a thru k and Item G-4 to June 11, 1996 for formal consideration, which motion carried, all members voted aye.
(B 96-1)
#5. RE: Accept public comment and consider approving a resolution adopting the budget of the Municipal Building Authority of Salt Lake City for fiscal year 1996-97.
ACTION: Councilmember Godfrey moved and Councilmember Reid seconded to recess as City Council and convene as the Municipal Building Authority, which motion carried, all members voted aye.
Councilmember Reid moved and Councilmember Godfrey seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Godfrey moved and Councilmember Christensen seconded to refer this item to June 11, 1996, for formal consideration, which motion carried, all members voted aye.
Councilmember Godfrey moved and Councilmember Souvall seconded to adjourn as the Municipal Building Authority and reconvene as the City Council, which motion carried, all members voted aye.
(B 96-2)
The meeting adjourned at 7:17 p.m.
sc