The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, October 20, 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 Deeda Seed Tom Rogan
Joanne Milner Roger Thompson Bryce Jolley
The following Councilmember was absent:
Keith Christensen
Mayor Deedee Corradini; Roger Cutler, City Attorney; Cindy Gust-Jenson, Executive Council Director; and Beverly Jones, Deputy Recorder were present.
Councilmember Jolley presided at and Councilmember C. Christensen conducted the meeting.
#1. The Council led the Pledge of Allegiance.
#2. Consider adopting a resolution focusing on children.
ACTION: Councilmember Jolley moved and Councilmember Thompson seconded to adopt Resolution 67 of 1998, which motion carried, all members present voted aye.
DISCUSSION: Councilmember Jolley read the resolution.
Councilmember Seed said the resolution would only be meaningful if the City took action to implement programs to help children. She said it was the Administration's responsibility to do this.
Councilmember Milner said she concurred with Councilmember Seed. She said she wanted a copy of the resolution available to City departments.
Councilmember Rogan said the resolution was a significant and important policy statement by the City Council.
Councilmember Thompson said as the Council reviewed legislation or action items, there should be a notation made as to how the items would relate with respect to children.
(R 98-1)
QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL.
Councilmember Thompson said he wanted to commend Mayor Corradini and Police Chief Ruben Ortega for the conference of the International Association of Chiefs of Police which was currently being held in Salt Lake City.
Mayor Corradini said she had spent most of the day with Attorney General Janet Reno. She said she started her day at the Boys and Girls Club at Glendale. She said they had met with students in the alternative school. She said they also met at West High School with the entire student body. She said she endorsed the focus on children resolution.
CITIZEN COMMENTS TO THE CITY COUNCIL (ON ANY ITEM NOT SCHEDULED FOR A PUBLIC HEARING, AS WELL AS ON ANY OTHER CITY BUSINESS).
Robert Skrazaa, 1518 South 600 East, said he supported the proposed ordinance on community councils. He said the draft ordinance was not presented to the Community Councils and he wanted to encourage the Council to provide the ordinance to the Community Councils and allow them to discuss the relative issues. He said in terms of voting rights and who was appropriate to vote in a community council, the Liberty Wells Community Council had always provided full voting rights for any member of the community which came to the meeting.
Jeff Raynar, 765 8th Avenue, said he wanted to make Lindsey Gardens a dog off-leash park. He said he used to walk his dogs off-leash in the park. He said one neighbor had called Animal Control who had responded to enforce the law. He said he wanted the Council to approve an off-leash area at Lindsey Gardens for a six month trial period.
Dr. Tom Whelan, 725 East 7th Avenue, said dogs needed to run. He said Memory Grove was nearby, but dogs were not allowed to leave the narrow trail. He said Lindsey Gardens had been effectively leash free for years and it had been an overwhelming success.
Susan Rayner, 765 8th Avenue, said she was in favor of a leash free area in Lindsey Gardens. She said the dogs which played at the park had owners with them and the dogs were more interested in other dogs than people. She said it had been suggested they take their dog to Memory Grove. She said Memory Grove was a long trail which was wooded and secluded. She said she did not feel safe there. She said Lindsey Gardens was now empty because no one could take their dogs for off leash exercise.
Rob Heineman, 323 M Street, said he was in favor of an off-leash dog area in Lindsey Gardens. He said the proposed ordinance allowed only one park per Community Council area. He said Memory Grove was already within the Greater Avenues Community Council area. He said the Lindsey Gardens proposal had been voted on and approved. He said Dave Flager, Director of Animal Control, had conceded that the increase in costs expected in the Avenues had occurred. He said making Lindsey Gardens a leash-fee area would have no impact on current enforcement needs.
Barbara Gilmour, 758 East 4th Avenue, said she was a long time resident of the Avenues. She said she wanted to co exist with children and adults who enjoyed Lindsey Gardens. She said she wanted to be able to play fetch with her dog.
Laurel Palmer, 221 M Street, said she was in favor of the proposed off-leash area at Lindsey Gardens. She said Lindsey Gardens used to be a great community area where neighbors could meet together in the evenings to socialize their dogs. She said now when she walked her dogs she did not see any neighbors in the park. She said citations were being given by Animal Control for dogs off-leash.
Gaylen Palmer, 221 M Street, said up until several months ago, the corner of Lindsey Gardens had been a leash free environment. He asked the Council to act upon the Community Council's recommendations.
Sharon Decker, 454 F Street, said she was in favor of the dog park at Lindsey Gardens. She said she had taken her dog there for exercise since he was three months old. She said they had stopped going to the park. She said a dog owner had the responsibility to exercise and take care of their dogs.
Frank Lepreau, 767 7th Avenue, said he was 12 years old. He said he had lived by the park for eight years. He said for several months now he had not been able to walk his dog off-leash in Lindsey Gardens. He said all the dogs in the park were friendly. He said it was inconvenient for him to take his dog to Memory Grove because he lived one house away from Lindsey Gardens.
Jay Lepreau, 767 7th Avenue, said Dave Flagler, Director of Animal Control, had said the trial period had showed that off-leash areas worked. He said dog bites were down in the area. He said for seven months there had been zero tolerance enforcement. He asked that an off-leash area be tried in one quarter of Lindsey Gardens.
Renee Lepreau, 767 7th Avenue, said she lived by the park. She said in the afternoons she used to take her dog to the park and do her homework. She said no one was in the park anymore.
Craig Sentker, 736 9th Avenue, said he had lived at that address for 56 years. He said he had always had pets. He said there was never any problems with dogs at Lindsey Gardens. He said now Animal Control was in the neighborhood constantly. He said his dog had been picked up and taken to the animal shelter.
Lesa Manuel, 623 5th Avenue, said she was speaking on behalf of the League of Women Voters of Salt Lake. She said she wanted the Council to include two provisions in the proposed campaign finance reform ordinance. She said there should also be a provision that there be no expenditure of funds until January 1st of the election year. She said there should also be a provision which stated that the Campaign Committee and the campaign funds be dispersed in March following an election. She said constitutionality could be interpreted differently based on the burden involved for a City candidate and for a State level candidate. She said the case log in the various Federal districts could be interpreted as contradictory. She said there were eight to ten cities which had a black-out provision on mandatory disbursements of campaign funds.
Bertha Millett, 933 West 700 South, said she attended and worked at the Westside Senior Center. She distributed a letter to each Councilmember. She asked the City to take care of the potholes and the trees which hung over the driveway and blocked the entrance and exit from the center.
Fae Nichols, 120 MacArthur Avenue, said there was a neighbor in her neighborhood who owned a large travel trailer. She said in 1997 that person had parked the trailer on the street. She said he had put the canopy over the sidewalk. She said another time he parked the trailer on his front lawn. She said last year zoning enforcement gave this person 30 days to move the trailer. She said someone else came out and gave him another 30 days to move the trailer. She said the trailer was there almost all summer.
Ms. Nichols said this year the trailer was parked across the owner's front lawn again. She said she had called zoning enforcement. She said it took zoning five or six days to process the paperwork. She said the neighbor was given 35 to 40 days to move the trailer. She said zoning had told her the ordinance needed to be changed so that if a person had violated the ordinance more than once, they would not get an additional 30 days. She asked the Council to review the ordinance and make it more restrictive.
Jessica Gilmour, 758 4th Avenue, said she had a dog and she liked to let her dog play in the park. She said she could not go to Lindsey Gardens alone for safety reasons. She said her dog did not want to walk on a leash. She asked that one quarter of Lindsey Gardens be made into an off-leash area.
CONSENT AGENDA
ACTION: Councilmember Jolley moved and Councilmember Seed seconded to approve the Consent Agenda, which motion carried, all members present voted aye.
#1. RE: Approving the reappointment of Katherine (Kathy) Warner Black to the Transportation Advisory Board for a term extending through September 27, 1999.
(I 98-2)
#2. RE: Approving the reappointment of Jeanette D. Watkins to the Housing Authority for a term extending through October 27, 2003.
(I 98-14)
#3. RE: Setting the date of November 17, 1998 at 6:00 p.m. to 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.
(P 98-74)
#4. RE: Setting the date of November 17, 1998 at 6:00 p.m. to 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.
(O 98-27)
UNFINISHED BUSINESS
#1. RE: Adopting a motion requesting (See September 16, 1997 Regular City Council minutes) to withdraw with no further action, the Legislative Action initiated by Councilmember Deeda Seed requesting amortization of a non-conforming use to rent rooms to six individuals in an existing single family dwelling at 1403 Butler Avenue, in an R-1-5000 Zoning District, and provide a review and analysis to the City's ordinance on the amortization of non-conforming uses.
ACTION: Councilmember Rogan moved and Councilmember Milner seconded to adopt a motion withdrawing with no further action the Legislative Action initiated by Councilmember Seed requesting amortization of a non-conforming use to rent rooms to six individuals in an existing single family dwelling at 1403 Butler Avenue, in an R-1/5000 Zoning District, and withdraw with no further action the request that the Administration provide a review and analysis of the City's ordinance for amortization of non-conforming uses, which motion carried, all members present voted aye.
(P 97-35)
#2. RE: Adopting an ordinance amending Sections 8.04.390 and 15.08.070, Salt Lake City Code, relating to animals running at large.
ACTION: Councilmember Rogan moved and Councilmember Seed seconded to adopt Ordinance 67 of 1998, which motion carried, all members present voted aye.
DISCUSSION: Councilmember Jolley said he had received calls and comments from individuals concerned about what was happening to Memory Grove and City Creek Canyon. He said a gentleman who had jogged in the area for 10 years was looking for someplace else to jog because he was being inundated with dogs. He said the jogger did not know if the dogs were friendly and the dogs were coming at him in packs. Councilmember Jolley said he felt Memory Grove required additional study. He said there were issues which needed to be resolved with regard to the off-leash ordinance. He said he supported the motion but he had concerns about Memory Grove.
Councilmember Seed said it was unfortunate the Council had tried to create off-leash areas and instead stricter animal control had been established. She said she wanted Lindsey Gardens to have an off-leash test area. She said this issue needed to be worked on. She said it was a tragedy when a park was empty of people and dogs because of excessive enforcement.
Councilmember Rogan said there was no question there were abuses on the Freedom Trail in Memory Grove. He said abuse which did exist does not justify restricting the opportunity people had to utilize the park for off-leash purposes.
Councilmember Thompson said he hoped the Lindsey Gardens issue could be addressed.
Councilmember Milner said she supported the ordinance even though it was more restrictive than she wanted it to be. She said she wanted the off-leash program initiated in designated areas in every park in the City. She said families and individuals needed to have the opportunity to exercise their dogs. She said she wanted animal control efforts to be focused on animals which were being abused.
(O 97-5)
#3. RE: Adopting an ordinance amending the Salt Lake City Housing Code.
ACTION: Councilmember Jolley moved and Councilmember Seed seconded to adopt Ordinance 74 of 1998, which motion carried, all members present voted aye.
(O 96-30)
#4. RE: Adopting a resolution authorizing the approval of two interlocal cooperation agreements between Salt Lake City Corporation and Utah Department of Transportation for the reconstruction of South Temple from Main Street to Virginia Avenue; a cooperative agreement between the Utah Department of Transportation and Salt Lake City relating to RB&G Engineering, Inc. for consulting services in connection with the reconstruction of South Temple from Main Street to Virginia Avenue.
ACTION: Councilmember Jolley moved and Councilmember Rogan seconded to table this issue until the first Tuesday of November, which motion carried, all members present voted aye.
DISCUSSION: Councilmember Rogan said he wanted to amend the resolution with the following language added as an amendment: in authorizing the interlocal cooperation agreement and contract it was the City Council's understanding that due to significant concerns about traffic management in the Greater Avenues, the design phase of the project would include a very specific review and identification of where traffic would flow and how that traffic would be managed. He said further it was the Council's intent that any associated costs be identified. He said there would be an impact on the Avenues when South Temple was torn up and rebuilt. He said the amended language would provide that during the design phase of the project, the concerns of the community would be addressed and the cost identified.
Councilmember Thompson asked Mayor Corradini why South Temple was selected for federal funding. Mayor Corradini said it was a major reconstruction project and it was a project which qualified for federal funds. She said the City had been on the list for years. She said she did not want to be in the middle of construction when the Olympics came to Salt Lake. She said this project was planned to be completed by the year 2001.
Councilmember Thompson asked Roger Cutler, City Attorney, if the Council passed a resolution accepting the interlocal agreement with an amendment, did the amendment have to come back to the City Council. Mr. Cutler said he did not think the Council wanted to amend the agreement. He said he understood the amendment to be a restatement of what was already in the contract and a clarification of the intent. He said if the Council considered an amendment, it would have to be agreed to by the other parties and brought back to the Council. Councilmember Thompson asked if the amendment was in the agreement.
Cindy Gust-Jenson said staff had checked the contract and there was language in the contract which related specifically to this issue. She said all Councilmember Rogan was doing was specifying the Council's understanding that the contract specifically did these things. She said Administration had assured staff that the contract did include these issues. She said there should be no reason for the contract to come back to the Council.
Mr. Cutler said the Council was not the signatory, the Administration was. He said the Council was granting their approval of the contract as drafted and the Administration would execute the contract and administer it. He said the statement of intent was not going to affect the contract term. He said the Administration would enforce the terms as to their understanding of the contract.
Councilmember Jolley said South Temple and 400 South were the two main arteries into downtown. He asked if these two streets would be under construction at the same time assuming east/west light rail was adopted and under construction as well. Mayor Corradini said the intent was to have both of these projects done before the Olympics. Councilmember Jolley asked if there was a way to maintain the funding and possibly delay the project until after 2002. Mayor Corradini said it would be a mistake to turn down federal money because there was a lot of demand for those dollars. She said she would work in every way possible to mitigate impacts.
Councilmember Rogan said if he was confident the contract clearly stated what he had stated more explicitly in the amendment he proposed, he would not be amending the resolution. He said if the amendatory language was not followed literally and explicitly by the Administration's implementation of the contract, then the Council should not be chasing federal dollars to rebuild a street. He said he did not want to subject businesses and surrounding neighborhoods to the overwhelming inconvenience and hardship which they would have to undergo. He said if the language was merely advisory, he wanted to have the contract amended to deal with these issues.
Councilmember Seed said she agreed. She said South Temple represented a border of council districts between Districts 3 and 4. She said her constituents would feel the impact of the construction. She said she was worried the Council did not have this issue in perspective. She said when 400 South and South Temple were under construction simultaneously it would send traffic into the neighborhoods. She said her constituents were not happy with the pace of construction in the City.
Mr. Cutler said the question asked by Councilmember Thompson was whether the City was amending the contract. He said the Council could not amend the contract. He said he understood Councilmember Rogan's statement to be a statement of intent. He said he had asked Assistant City Attorney Boyd Ferguson to review the language in the context of Mr. Rogan's statement of intent. He said Mr. Ferguson would be prepared in a few minutes to give the Council an opinion on whether that language was in the contract.
Rick Johnston, Deputy City Engineer, said this issue would come back to Council before construction began. He said the agreement before the Council now was for the design of the project. He said prior to entering into an agreement with Utah Department of Transportation (UDOT) for the construction of the project another interlocal agreement would need to be passed. He said Council would have the opportunity to review and approve the contract prior to construction. He said South Temple was one of the oldest streets in the City. He said the condition of the pavement was at failure.
Ms. Gust-Jenson said Council staff had recommended that Councilmember Rogan take this approach because it looked as though there was language in the contract which related specifically to this issue, but it was not as clear as Councilmember Rogan had stated it. She said in conversations with the Administration, it was clear that Councilmember Rogan's intent was shared by the Administration. She said it seemed a wise choice to clarify the record.
Councilmember Thompson asked how much the reconstruction of South Temple would cost. Mr. Johnston said the cost was approximately $10 million. He said federal funding was approximately $9.5 million. He said there was a 7% local match which the City would come up with. Councilmember Thompson said it sounded like the City was getting a deal. He said no matter when street construction was done, it presented problems. He said it would reduce the City's inventory of streets and roads which needed to be reconstructed.
Councilmember Rogan said it was not right to wait until construction started to deal with these issues. He said the contract did not include the language which he had stated. He said it had been suggested that the City Council had nothing to say about what was in the contract. He said there would be no contract unless the Council approved the resolution.
Mr. Cutler said the language which Councilmember Rogan had suggested appeared to be significant additional verbiage and clarification which did not appear to be in the contract. He said from an interpretation point, the Council could not approve the interlocal agreement with an understanding which would in substance amend the contract because the parties were going to sign the contract based on the advise and consent power of the Council. He said if the Council was not satisfied and did not want to proceed, the contract would have to be renegotiated with the parties and then resigned.
Councilmember Jolley asked if the Council was to table the issue until the first Tuesday in November, would there be a problem with timing. Stuart Reid, Director of Community and Economic Development, said the contracts could be tabled until the first Tuesday in November.
(C 98-758 and C 98-759)
#5. RE: Adopting an ordinance amending Chapter 2.46 of the Salt Lake City Code relating to campaign finance disclosure.
ACTION: Councilmember Jolley moved and Councilmember Thompson seconded to adopt Ordinance 77 of 1998, which motion carried, all members present voted aye.
DISCUSSION: Councilmember Rogan said he was not completely satisfied with the ordinance as it existed. He said he was satisfied with the process which the ordinance had gone through.
Councilmember Seed said she was not completely satisfied with the ordinance. She said she was concerned the Council had not pushed this issue as far as they could have. She said it was hard to take that step when legal counsel had suggested it would be unconstitutional. She said the Council had taken a step forward in terms of defining how campaigns could be run in the City. She said as these provisions went into affect in the next election cycle, the Council could watch and see what the results were. She said if there was evidence the Council needed to tighten up the ordinance, hopefully the Council would be willing to take those steps.
Councilmember Thompson said there was a section entitled "reversal of decision" which would enable a candidate to void the contract after he had signed it. He said in the section there were three reasons why the candidate could void the contract. He asked if these were the only conditions someone could use to void the contract. Councilmember Seed said a person could just choose to opt out of the contract.
Councilmember Milner said it was appalling that the Council had agreed to cap expenditures of the mayoral race at $375,000. She said the public had recommended a level of $250,000. She said the Council was not listening to the public.
Councilmember Jolley said this had been a difficult issue. He said this was a good first attempt at campaign finance reform. He said he hoped it would improve the situation, level the playing field and allow the Council the flexibility to come back and amend the ordinance.
(O 98-26)
PUBLIC HEARINGS
#1. RE: Accept public comment and consider adopting an ordinance closing a portion of Major Street between Harvard and Kelsey Avenues and between Main and State Streets pursuant to Petition No. 400-96-68, and an ordinance vacating the southern portion of the Main Street Subdivision pursuant to Petition No. 400-98-17.
ACTION: Councilmember Jolley moved and Councilmember Seed seconded to close the public hearing, which motion carried, all members present voted aye.
Councilmember Jolley moved and Councilmember Thompson seconded to adopt Ordinance 78 of 1998, closing a portion of Major Street between Harvard and Kelsey Avenues and between Main and State Street and Ordinance 79 of 1998, vacating the southern portion of the Main Street Subdivision, which motion carried, all members present voted aye.
(P 98-71)
#2. RE: Accept public comment and consider adopting an ordinance extending the corporate limits of Salt Lake City to include a 52 acre parcel located north of 1700 North at 1850 West, and amending the Salt Lake City Zoning Map to zone and designate the area as Residential R-1-7000 upon its annexation to the City pursuant to Petition No. 400-98-08.
ACTION: Councilmember Seed moved and Councilmember Rogan seconded to close the public hearing, which motion carried, all members present voted aye.
Councilmember Jolley moved and Councilmember Seed seconded to adopt Ordinance 80 of 1998 including the seven day waiting period for publishing, which motion carried, all members present voted aye.
(P 98-12)
The meeting adjourned at 7:45 p.m.
Councilmember Jolley moved and Councilmember Thompson seconded to reconvene as the City Council, which motion carried, all members present voted aye.
Councilmember Jolley moved and Councilmember Thompson seconded to amend the campaign finance reform ordinance to include the date effective on the first publication date of the ordinance as standard procedure, which motion carried, all members present voted aye.
Mr. Cutler said the effective date was left blank on the campaign finance reform ordinance. He asked the Council when they wanted the ordinance to go into effect. Councilmember Jolley asked to have the ordinance go into affect on the date of its first publication.
Councilmember C. Christensen said it was his understanding the ordinance would take affect immediately.