The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, November 17, 1998, at 6:00 p.m. in Room 315, City Council Chambers, 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
Roger Cutler, City Attorney; Cindy Gust-Jenson, Executive Council Director; Kay Christensen, Deputy Mayor; and Scott Crandall, Deputy City Recorder were present.
Councilmember Jolley presided at and Councilmember Milner conducted the meeting.
#1. The Council led the Pledge of Allegiance.
#2. Councilmember K. Christensen moved and Councilmember Jolley seconded to approve the minutes of the Salt Lake City Council meeting held November 10, 1998, which motion carried, all members voted aye, except Councilmember Seed who was absent for the vote.
(M 98-1)
CITIZEN COMMENTS TO THE CITY COUNCIL
Dr. Rowland Nwosu said he was the Pastor of the Central SDA Church located at 460 South 800 East. He said he wanted to invite the Council and others to attend a religious liberty and thanksgiving celebration to be held November 21, 1998.
The following people spoke in opposition to the proposed ordinance prohibiting skateboarders and rollerbladers in the Sugar House Traffic District: Diana Herz, 1273 Kensington Avenue; Melinda McIlwaine, 836 South 1100 East; Todd West, 2325 East Sundown Avenue; John Giles, 1774 East 3990 South and Richard Barnes, 1520 West 800 North. Some comments included safety issues, exercise, transportation, recreation, and skateboard facilities.
Dale Brewster, 1138 South 1300 East, said some restrictions were needed and the main concern was safety.
CONSENT AGENDA
ACTION: Councilmember K. Christensen moved and Councilmember Jolley seconded to approve the Consent Agenda, which motion carried, all members voted aye.
#1. RE: Approving the appointment of Heidi T. Decker to the Land Use Appeals Board for a term extending through December 31, 1999.
(I 98-8)
#2. RE: Approving the reappointment of Michael Allegra to the Transportation Advisory Board for a term extending through September 27, 1999.
(I 98-2)
Approving the reappointment of Jess A. Agraz to the Transportation Advisory Board for a term extending through September 24, 2001.
(I 98-2)
UNFINISHED BUSINESS
#1. RE: Adopting an ordinance enacting Chapter 2.53 of the Salt Lake City Code relating to prohibited employment practices and decisions in Salt Lake City Government's classified career service and civil service.
ACTION: Councilmember Jolley moved and Councilmember C. Christensen seconded to adopt Ordinance 87 of 1998, which motion carried, all members voted aye.
DISCUSSION: Councilmember Jolley said nondiscrimination was a difficult issue. He said a lot of time and input went into drafting the new ordinance. He said the proposed ordinance was not a perfect document and did not satisfy everyone. He said people needed to feel comfortable working for Salt Lake City with the understanding they would be judged based on job related criteria.
Councilmember Seed said the ordinance needed to state the City did not discriminate in hiring based on a person's sexual orientation. She said the proposed ordinance used convoluted language and talked about peoples lifestyle choices. She said she believed sexual orientation was not a lifestyle choice. She said she was reluctant to vote for the ordinance but on the other hand, felt it was important to support an ordinance which protected people in some manner. She said at least this process made people more aware of the importance of this issue.
Councilmember Thompson said the proposed ordinance addressed his concerns and he was comfortable with it. He said the word choice was not in the ordinance. He said the sub-committee was not prepared to make judgments as to whether a particular lifestyle was one of choice or one of genetics. He said he felt some employees were concerned about this issue with respect to their job security. He said he did not believe the City had intentionally discriminated against them.
Councilmember Rogan said he felt the current ordinance was better than it was early in the year. He said most of the attention was focused on the lifestyle and adult relationship provisions but another concept included in various drafts of the ordinance dealt with immutable characteristics. He said he was comfortable with the proposed language and felt this was a step forward.
(O 97-33)
#2. RE: Adopting an ordinance repealing and reenacting Chapter 2.44, Salt Lake City Code, relating to conflicts of interest.
ACTION: Councilmember K. Christensen moved and Councilmember Seed seconded to adopt Ordinance 88 of 1998, which motion carried, all members voted aye.
DISCUSSION: Councilmember Thompson said the original ordinance contained a lot of complex provisions but he supported the current proposal.
Councilmember K. Christensen said the proposed ordinance was tough and fair. He said it was important for the public to have confidence in appointed and elected officials and recommended adoption of the ordinance. Councilmember C. Christensen said he agreed with Councilmember K. Christensen and supported the ordinance.
Councilmember Seed said the effectiveness of the ordinance would be proven over time and the Council needed to be open for future adjustments. She said this was a critical time for government because the integrity of elected officials was being questioned. She said this ordinance was trying to convey the message that public officials needed to use their office to serve the public and not for personal gain.
Councilmember Milner said it was unfortunate that issues regarding ethical conduct needed to be placed in statue. She said the ordinance was not perfect and the Council could make changes when needed.
(O 97-28)
#3. RE: Adopting a legislative action requesting that the Administration amend the Salt Lake Art Design Board ordinance regarding "percent for art fund."
ACTION: Councilmember Jolley moved and Councilmember C. Christensen seconded to adopt the legislative action and refer to the Department of Community and Economic Development and the City Attorney's Office, which motion carried, all members voted aye.
(O 98-33)
#4. RE: Adopting an ordinance prohibiting skateboarding and other similar activities in the Sugar House Traffic District and specifying that such activities are permitted in City bicycle lanes, pursuant to Petition No. 400-98-50.
ACTION: Councilmember K. Christensen moved and Councilmember C. Christensen seconded to adopt Ordinance 89 of 1998, which motion carried, all members voted aye, except Council Members Seed and Milner, who voted nay.
DISCUSSION: Councilmember K. Christensen said this was not a statement against skateboarding, inline skating or the City's youth. He said this was a time and place issue and skating should not take place in the high pedestrian traffic areas of the Sugar House Business District. He said the City's long range goal was to make streets and sidewalks friendly so people could feel safe and comfortable. He said a similar ordinance had been in place for some time in the Central Business District.
Councilmember K. Christensen said the Capital Improvement Process (CIP) could be used to advance the development of areas where this type of activity could be pursued safely. He said he hoped the Council would be supportive and wanted the Administration to include this in next year's CIP.
Councilmember Seed said the public policy objective concerning this issue was not clear. She said after some research, no substantive evidence existed on the occurrence of skateboarder/pedestrian accidents in the Sugar House Business District. She said ordinances were already in place which gave police the necessary tools to prohibit skating activities. She said the ordinance was amended to allow the use of bike lanes but to her knowledge bike lanes did not exist in the area. She said some adults used inline skates and skateboards for transportation purposes. She said the City did not have enough recreational facilities for the youth and hoped the Council and Administration were committed to making skate parks a realty. She said she was opposed to the ordinance.
Councilmember C. Christensen said there was a time and place for skating activities. He said more than one facility was needed and also wanted this issue addressed in the upcoming CIP process.
Councilmember Milner said she was concerned that the ordinance prohibited toy wagons. She said this was self defeating when talking about creating a family friendly environment. She said the issue of providing recreational facilities should have been addressed prior to prohibition and was opposed to the ordinance.
(O 98-23)
PUBLIC HEARINGS
#1. RE: Accept public comment and consider adopting an ordinance amending the fiscal year 1998-99 budget.
ACTION: Councilmember Thompson moved and Councilmember K. Christensen seconded to close the public hearing, which motion carried, all members voted aye, except Councilmember Seed who was absent for the vote.
Councilmember Jolley moved and Councilmember C. Christensen seconded to adopt Ordinance 90 of 1998, which motion carried, all members voted aye, except Councilmember Seed who was absent for the vote.
(B 98-7)
#2. RE: Accept public comment and consider adopting an ordinance amending the 1998 Salt Lake City/Salt Lake County Landfill budget.
ACTION: Councilmember K. Christensen moved and Councilmember Jolley seconded to close the public hearing, which motion carried, all members voted aye, except Councilmember Seed who was absent for the vote.
Councilmember Thompson moved and Councilmember C. Christensen seconded to adopt Ordinance 91 of 1998, which motion carried, all members voted aye, except Councilmember Seed who was absent for the vote.
(B 97-8)
#3. RE: Accept public comment and consider adopting an ordinance adopting the 1999 Salt Lake City/Salt Lake County Landfill budget.
ACTION: Councilmember Jolley moved and Councilmember C. Christensen seconded to close the public hearing, which motion carried, all members voted aye, except Councilmember Seed who was absent for the vote.
Councilmember Jolley moved and Councilmember Thompson seconded to adopt Ordinance 92 of 1998, which motion carried, all members voted aye, except Councilmember Seed who was absent for the vote.
(B 98-8)
#4. RE: Accept public comment and consider adopting an ordinance rezoning property located at 828 East Stratford Avenue from R-1-7000 Single Family to RMF-30 Residential Multi-family, pursuant to Petition No. 400-98-35.
ACTION: Councilmember K. Christensen moved and Councilmember Jolley seconded to close the public hearing, which motion carried, all members voted aye, except Councilmember Seed who was absent for the vote.
Councilmember K. Christensen moved and Councilmember Jolley seconded to adopt Ordinance 93 of 1998, which motion carried, all members voted aye, except Councilmember Seed who was absent for the vote.
DISCUSSION: Jay Thornton, 2591 South Park Street, said he owned the property at 825 Stratford Avenue which was located next to the subject property. He said he had not seen the plans and was concerned about the proposed 25 or 30 unit complex being built. He said he was concerned about additional automobile and pedestrian traffic which would be generated by the project. He said he would oppose the project until he was able to see the proposed plans.
Everett Joyce, Sugar House Planner, said the proposal allowed a permitted use which was the same zoning as the remainder of the street. He said the 25 unit complex was a residential health care facility for the elderly. He said when the Planning Commission addressed this issue there was concern about parking and traffic. He said a traffic and parking study was provided by a professional transportation engineer. He said the study showed the off street parking requirement of seven parking stalls was adequate and consistent with the expected demand for this type of facility. Councilmember C. Christensen asked if the zoning was conditional upon the issuance of the building permit. Mr. Joyce said a condition in the ordinance required the building permit be taken out for the facility before the zoning took place.
(P 98-74)
#5. RE: Accept public comment and consider adopting an ordinance enacting Sections 20.08.135, 20.08.265 and 20.24.052 and amending Sections 20.08.300, 20.24.040, 20.24.050, 20.24.055, and 20.24.110 of the Salt Lake City Code, relating to bond and security requirements for subdivisions. (This amendment is to guarantee the proper installation of required street and utility infrastructure improvements within new subdivisions.
ACTION: Councilmember Jolley moved and Councilmember K. Christensen seconded to close the public hearing, which motion carried, all members voted aye, except Councilmember Seed who was absent for the vote.
Councilmember C. Christensen moved and Councilmember Jolley seconded to adopt Ordinance 94 of 1998, which motion carried, all members voted aye, except Councilmember Seed who was absent for the vote.
(O 98-27)
#6. RE: Accept public comment and consider adopting an ordinance amending Sections 5.04.070, 5.64.130, 5.72.240, 12.56.330, and Schedule 1 to Title 5, Salt Lake City Code, pertaining to business license fees.
ACTION: Councilmember K. Christensen moved and Councilmember Jolley seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember K. Christensen moved and Councilmember Seed seconded to refer the item to the Administration for further review, which motion carried, all members voted aye.
DISCUSSION: Stephen Cook, 336 South 300 East, Suite 200, said he opposed the fee increase for sexually oriented outcall employees. He said the Council needed to consider the burden created by the increase.
Paul Markosian, 3581 Warr Road, said he opposed the fee increase for rental dwellings. He said the Salt Lake Apartment Association and the Apartment Association of Utah wanted to analyze any supporting documentation the City intended to use in support of proposed fee increases. He said if increases were not supported by facts the issue would be litigated.
Elwood Powell, 60 East South Temple, Suite 1100, said he represented Crossroads of the West Gun Show. He said more information was needed so complete analysis could be performed on disproportionate services.
Cindy Gust-Jenson, Executive Council Director, said comments had been made concerning disproportionate fees for police and fire calls. She said she wanted to clarify that the proposal did not address disproportionate service fees. She said the fees forwarded to the Council were regulatory fees only.
Marvin Duke, 2020 Roberta Street, said he owned a music store located at 659 South State Street. He said he was not a pawnshop and was not involved in criminal activity. He said he did not understand the proposal and was opposed to the increase relating to compact disk exchange.
Michael Martin, 417 "M" Street, said he had worked as a solicitor for the past five years. He said he wanted the Council to give consideration to merchants who followed the law.
Don Winder, 175 West 200 South, Suite 4000, submitted a letter to the Council. He said taxicab rates had not been increased since 1985. He said before license fees were raised, rate increases needed to be addressed.
Don Barron, 435 South 600 West, said the proposed license fee for taxi drivers was excessive. He asked the Council to consider a smaller increase.
Richard Smith, 1356 Wilton Way, said he had a real estate brokerage in his home and did not receive City services. He said the Council needed to investigate administrative costs relating to the Business License Department.
David Witzel, 1274 Lilly Circle, said he owned a pawnshop in Salt Lake City. He said compared to other businesses, the proposed fees were unjust.
George Sutton, 170 South Main, said he represented the Pawnbrokers Association. He said more information was needed concerning the proposal. He said pawnshops provided a valuable service to the community and any cost increases would be passed on to those who could least afford them.
Carlos Sosa, 1522 South State Street, said he owned a pawnshop located on State Street and was opposed to the excessive increase.
Glenn Gonzoles, 132 South 600 East, said he owned housing which was built specifically for people with limited incomes. He said if the Council approved the proposed fee increase on apartments, he would be unable to provide affordable housing. He asked the Council to strike, amend, or place a cap on the proposed increase.
Dee Oakeson, 7130 South 700 East, said he was the operational manager for Rhinehart Oil located at 1700 South 785 West. He said he contacted the City requesting information regarding the proposed increase on gas and oil fees. He said the proposed increase was high and asked how he could get more information on the proposal. Councilmember Milner asked the Administration to assist Mr. Oakeson.
Richard Forsyth, 150 South 600 East, Suite K, said the proposed ordinance referred to a written analysis and asked if it was available for public review. City staff said it was. He said he was a realtor and was concerned about the proposed apartment fee increase.
Joseph Ramsey, 552 South Windsor Street, said he was a cab driver for seven years. He said the proposed fee increase was substantial and the adoption of the ordinance would greatly impact the City.
Ralph Elnes, 1423 East 3150 South, said he was a taxicab owner/operator. He said he was concerned about ordinances regulating the taxicab industry and the amount of money drivers had to pay to cab companies.
Richard Barnes, 1520 West 800 North, said he was in favor of reducing home business license fees even further than currently proposed. He said the whole issue needed to be reviewed and the requirement for a post office box removed.
Gary Paul, 5946 South Blue Stone Circle, said he was a pawnshop owner. He said he did not understand why the proposed increase was so large. He said he wanted to see the fee reduced.
Renee Chitty, 10314 South Michaun Court, said she owned Hy and Mike's Pawn located at 505 South Redwood Road. She said she did not understand the justification for such a large regulatory increase. She said she felt pawnshop owners were being discriminated against and wanted the Council to re-consider the proposed fees.
Written comments were submitted by Jerry Panus, 955 South 1100 East; John Giles, 1774 East 3990 South; Allan Andrews, 3440 South 500 East; and Jim Wetherbee, 2120 South 700 East.
Councilmember K. Christensen said he was concerned by comments given during the public hearing. He said he did not understand the nexus between current and proposed rates in relation to pawn brokers. He said his concern was not exclusive to the pawn business and thought there were other fees which he could take issue with. He said he met with several pawn brokers and felt they provided a service to the City by helping the police locate criminals. He said the proposed increase was not due to crime problems. He said some businesses had met with the Administration concerning proposed fees and the Council would be briefed on the outcome.
Councilmember Thompson said he supported a motion to have the issue reviewed further. He said he felt this issue was being driven by State statue which required cities to look at actual regulation costs. He said he was concerned about the notice mailed to the public and felt the Council should have been briefed prior to the mailing. He said there was misunderstanding concerning the proposed fee increases and more thought needed to go into the process. He said if the numbers were justified maybe the City needed to consider a phasing process, so the increase did not hit all at once.
Councilmember Seed said she was concerned about the notice mailed to business owners. She said there were problems with the proposed fees and the Council needed to look at the issues more carefully.
(O 98-29)
The meeting adjourned at 7:55 p.m.