The City Council of Salt Lake City, Utah met in Regular Session on Tuesday, September 3, 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
Joanne Milner Tom Godfrey Keith Christensen
Sam Souvall
Mayor Deedee Corradini; Roger Cutler, City Attorney; Cindy Gust-Jenson, Executive Council Director; and Beverly Jones, Deputy City Recorder were present.
Councilmember Christensen presided at and Councilmember Reid conducted the meeting.
#1. The Council led the Pledge of Allegiance.
#2. Councilmember Godfrey moved and Councilmember Jolley seconded to approve the August 8, 1996 and August 13, 1996 Regular Council meeting minutes, which motion carried, all members voted aye.
(M 96-1)
CITIZEN COMMENTS TO THE CITY COUNCIL
Jonathan Hurd, 742 North 300 West, said for 3 1/2 years the group Food Not Bombs had served food in Pioneer Park. He said for the last two Fridays they had not been allowed to serve food in the park. He said the Farmer's Market had been allowed to continue selling in the park.
Mr. Hurd said Food Not Bombs intended to serve food in Pioneer Park for the next two Fridays and they wanted to have permission to do this. He said they did not want to have to worry about what the Police Department would say.
Councilmember Reid referred Mr. Hurd to the Mayor and her staff for a response.
CONSENT AGENDA
ACTION: Councilmember Godfrey moved and Councilmember Christensen seconded to approve the Consent Agenda, which motion carried, all members voted aye.
#1. RE: Approving the appointment of Thomas A. Buese to the Historic Landmark Commission for a term extending through July 14, 1999.
(I 96-16)
#2. RE: Approving the appointment of Cynthia K. Moelder to the Community Development Advisory Committee for a term extending through July 1, 1999.
(I 96-13)
#3. RE: Approving the reappointment of Susan Makov to the Salt Lake City Arts Council for a term extending through July 1, 1999.
(I 96-7)
#4. RE: Setting the date of September 17, 1996 at 6:00 p.m. to accept public comment and consider adopting an ordinance amending the Fiscal Year 1996-97 budget.
(B 96-1)
#5. RE: Setting the date of September 10, 1996 at 6:10 p.m. for the City Council to consider an appeal by Mr. Stephen Harmsen, the Oquirrh Associates, of Planning Commission decision for conditional use, Petition No. 410-96-224, submitted by Salt Lake City Housing Services for a residential planned development located at approximately 322 East 300 South.
(H 96-14)
#6. RE: Setting the date of September 17, 1996 at 6:00 p.m. to accept public comment and consider adopting an ordinance amending Chapter 21A.34.020E of the Salt Lake City Zoning Ordinance clarifying that the Historic Landmark Commission has the authority to review awnings on buildings in designated historic districts and on the Salt Lake City Register of Cultural Resources pursuant to Petition No. 400-96-27.
(P 96-352)
#7. RE: Setting the date of October 1, 1996 at 6:00 p.m. to accept public comment and consider adopting an ordinance vacating and closing the northern 143 feet of an alley running north/south between 1300 East and View Street and between Westminster Avenue and 2100 South pursuant to Petition No. 400-96-32.
(P 96-347)
#8. RE: Setting the date of October 1, 1996 at 6:00 p.m. to accept public comment and consider adopting an ordinance rezoning properties located at 1796 and 1820 North Redwood Road from Open Space to Residential pursuant to Petition No. 400-96-42.
(P 96-348)
#9. RE: Setting the date of October 1, 1996 at 6:00 p.m. to accept public comment and consider adopting an ordinance vacating an alley located between Columbus Street and DeSoto Street and south of 700 North pursuant to Petition No. 400-95-61.
(P 96-349)
#10. RE: Setting the date of October 1, 1996 at 6:00 p.m. to accept public comment and consider adopting an ordinance renaming a portion of 200 South to Pierpont Avenue pursuant to Petition No. 400-96-23.
(P 96-350)
#11. RE: Setting the date of October 1, 1996 at 6:00 p.m. to accept public comment and consider adopting an ordinance vacating two separate portions of an alley located between 400 East and 500 East and between 1300 South and Sherman Street pursuant to Petition No. 400-95-23.
(P 96-351)
#12. RE: Setting the date of September 17, 1996 at 6:00 p.m. to accept public comment and consider adopting an ordinance amending the fiscal year 1996-97 budget for the Municipal Building Authority of Salt Lake City.
(B 96-2)
#13. RE: Adopting Resolution 56 of 1996 authorizing the approval of an interlocal cooperation agreement between Salt Lake City Corporation and Access Utah regarding Access Utah Kiosk Membership.
(C 96-552)
#14. RE: Adopting Resolution 57 of 1996 authorizing the approval of an interlocal cooperation agreement between Salt Lake City Corporation and Utah Department of Transportation regarding street lighting installation at North Temple and 1950 West.
(C 96-553)
#15. RE: Adopting Resolution 58 of 1996 authorizing the approval of an amendment to an interlocal cooperation agreement between Salt Lake City Corporation and the University of Utah for City Project No. 1-C-22 for pavement management system survey services.
(C 93-298)
#16. RE: Adopting Resolution 59 of 1996 authorizing the approval of an interlocal cooperation agreement between Salt Lake City Corporation and Salt Lake County regarding Tracy Aviary support.
(C 96-554)
#17. RE: Adopting Resolution 60 of 1996 authorizing the approval of an interlocal cooperation agreement between Salt Lake City Corporation and Central Utah Water Conservancy District for cost sharing of the Wing Pointe Golf Course project, to use well water instead of culinary water for irrigation purposes.
(C 96-555)
#18. RE: Adopting a motion approving the following decision made by the Planning Director: Petition No. 400-96-24, subdivision plat amendment for the Cannon Farms Subdivision No. 2 located at 1400 South Riverside Drive. Planning Director's decision: to approve with departmental conditions. A final plat meeting City specifications must be recorded.
(P 96-353)
#19. RE: Adopting Resolution 61 of 1996 accepting an annexation petition for approximately 8.48 acres of land located at 1863 West 1700 North pursuant to Petition No. 400-96-35 for purposes of Council review.
(P 96-354)(P 96-444)(P 97-7)
NEW BUSINESS
#1. RE: Adopting an ordinance amending Section 3.50.240 of the Salt Lake City Code, replacing the phrase "seeing eye dogs" with the phrase "service animals" and defining the term "service animals."
ACTION: Councilmember Milner moved and Councilmember Jolley seconded to consider adopting Ordinance 63 of 1996 amending Section 3.50.240 Salt Lake City Code, replacing the phrase "seeing eye dogs" with the phrase "service animals" and defining the term "service animals" and in compliance with the current State statute with specific language, which motion carried, all members voted aye.
(O 96-39)
#2. RE: Adopting an ordinance indicating that the City Council must vote on any park closures that exceed seven days.
ACTION: Councilmember Christensen moved and Councilmember Seed seconded to refer this item to a Committee of the Whole for further discussion, which motion carried, all members voted aye.
(O 96-41)
UNFINISHED BUSINESS
#1. RE: Adopting an ordinance closing a portion and vacating a portion of an alley located between Paxton Avenue and Lucy Avenue and between 300 and 400 West pursuant to Petition No. 400-96-26.
ACTION: Councilmember Jolley moved and Councilmember Souvall seconded to adopt Ordinance 65 of 1996, which motion carried, all members voted aye.
(P 96-291)
#2. RE: Adopting an ordinance amending Title 18, Chapter 50, Salt Lake City Code, relating to existing residential housing (the City's Housing Code).
ACTION: Councilmember Jolley moved and Councilmember Christensen seconded to adopt Ordinance 68 of 1996 and add to the ordinance the amendments as prepared by staff in the proposed motion sheet handout, which motion carried, all members voted aye. (See file)
(O 94-2)
#3. RE: Adopting an ordinance amending Section 17.12.030 of the Salt Lake City Code, relating to the appointment of directors to the board of directors of the Metropolitan Water District of Salt Lake City.
ACTION: Councilmember Christensen moved and Councilmember Seed seconded to adopt Ordinance 66 of 1996, which motion carried, all members voted aye.
(O 96-40)
PUBLIC HEARINGS
#1. RE: Accept public comment and consider adopting an ordinance amending the Landfill budget for calendar year 1996.
ACTION: Councilmember Godfrey moved and Councilmember Jolley seconded to close the hearing, which motion carried, all members voted aye.
Councilmember Godfrey moved and Councilmember Jolley seconded to adopt Ordinance 67 of 1996, which motion carried, all members voted aye.
(B 95-4)
#2. RE: Accept public comment and consider adopting an ordinance amending Section 15, Salt Lake City Code, relating to parks, changing the name and designation of Pioneer Park to Pioneer Square.
ACTION: Councilmember Jolley moved and Councilmember Souvall seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Souvall moved and Councilmember Seed seconded to postpone the issue for review and a report by the Administration to be presented to the Council in February of 1997. As part of the motion the City Council reaffirm their support for providers of services for the homeless in the area around Pioneer Park, which motion carried, all members voted aye except Councilmember Godfrey who voted nay.
DISCUSSION: The following people spoke in opposition of the name change of Pioneer Park:
Ed Spurgiesz, 1355 East South Temple.
Cristine Hopkins, 805 East Simpson Avenue.
Richard Franklin, President of Franklin Company, located at 340 West 500 South.
Robert Fisher, 2172 South Hannibal Street.
Louise Green, 7260 South 1035 East.
Pat Slaughter, 373 East Roosevelt Avenue.
Fae Nichols, 120 MacArthur Avenue.
Bob Koenig, 1522 South 500 East.
Jeff Edwards, 975 Military Drive and Chairman of the Board of Trustees of the Children's Museum of Utah.
Bob Miner, 814 Emerson Avenue.
Jonathon Hurd said he was a volunteer of the group Food Not Bombs and resided at 742 North 300 West.
Paul Crockett, 615 K Street.
Vernon Johnson, 376 East 300 South.
Darrin Snider, 515 East Hawthorne Avenue.
Reinard Knutsen, 742 West 300 North.
Diana Hirschi, 1434 East 1700 South.
Delbert Rushton, 18 West Hartwell Avenue.
David Tucker 742 North 300 West.
Dan Hunt, 535 South 200 East.
Kenneth Luker, 1391 South 900 East.
James Bliss, 840 East Fairmont Circle #4.
Michael Garcia, 612 East Sego Avenue.
Talmadge Robinson, 661 Post Street.
Steven Hunt, 1713 South 500 East.
Bob West, 171 3rd Avenue #103.
Jeff Swinton, 1211 East 100 South.
Gerhard Ackermann, 828 East Browning Avenue.
Eldon Marshall, 624 Camarilla Circle.
Daniel Day, 1736 South Lake Street.
Joan Evans, 1873 South West Temple.
Elwood Bozzor, 445 East 700 South.
Donald Clark, 976 South 200 East.
Willy Littig, 121 D Street, said he had a business at 333 West Pierpont Avenue.
Scott Fife, 317 East Sherman Avenue.
Bob Farrington, 1216 4th Avenue, said he represented the Downtown Alliance.
Rob Sloat, 807 South 500 East.
Verlyn Thomas, 60 Van Buren Avenue.
Randall Dixon, 726 Wall Street.
Russell Potter, 616 South 1400 West.
Sharlene Revie, 1411 South 500 East.
Jayne Brown, 817 East 17th Avenue.
Michael Horrocks, 126 East 1st Avenue #3.
Rey Miles, 635 Camarilla Circle.
Carlton Christensen, 830 North 1500 West.
John Anderson, 629 Lake Street.
Joe McClellan, 353 West 700 North.
Drew Chamberlain, 1980 South Richards Street.
Lois Brown, 756 South Roberta Street.
George Haycock, 475 East 600 South #4B.
Bruce Middleton, 843 South 600 East.
Lewis Wilson, 824 Hilltop Road.
Roy Swenson, 1133 East 200 South.
Joseph McPhie, 45 West Grove Avenue.
William Seth Hooker, 348 East 100 South.
Wesley Sine, 880 18th Avenue.
Dru White, 992 McClelland Street.
Gus Sotiriou, 266 4th Avenue and owner of the Broadway Pharmacy.
Ilasue Jensen, 172 Harvard Avenue.
Johnny Menendez, 508 Cheyenne Street.
Michael Place, 434 South 300 West, said he represented the Western Nut Company.
The following people spoke in favor of the name change of Pioneer Park:
Brandy Snow, business owner in the Rio Grande design district at 331 South Rio Grande Avenue #101.
Jack Plum, 3123 Skycrest Lane.
Milt Taylor, 275 11th Avenue.
Matt Potter, 825 Juniper Point Court.
Ralph Claussen, 181 North H Street.
Michelle Decol said she worked at a business at 262 South 200 West.
Andre Van Diggelen, 12th Avenue and D Street.
Jewel Benson, 1631 Ivy Circle #2.
Chris Eaves, 905 East 800 South.
Ken Millo, 366 South 500 East, said he was the developer of Tire Town.
Mark Chambers said he had a small business at 353 West 200 South.
Joe Pith, said he owned a small business at 353 West 200 South.
Jeff Polychronis, 787 3rd Avenue.
Ken Holman, 331 South 300 West, said he was a developer adjacent to Pioneer Park.
Ted Lewis, 1155 West 400 North.
Jeffrey Woodbury, 2240 South 2300 East, said he was one of the owners of the Hampton Inn on 300 West by Pioneer Park.
James Snow, 331 South Rio Grande #101.
Amber Allen, 353 West 200 South #401.
Susan Markus, 348 East 100 South.
Sunni Rose, 2245 South Windsor Street.
Councilmember Souvall said the City had a job to do which included the City Council, the Administration and the citizens in the community who had invested themselves in the Gateway area. He said the City had a strong economy, the momentum of the 2002 Olympic deadline, the rail consolidation which had been proposed, elimination of the overpasses down to 500 West, and people who through vision and risk had already begun to make a positive impact in the area. He said these things needed to be used to build a livable community where commercial, residential, open space, human service providers and others could coexist and thrive.
He said he was neutral by choice on the name change of Pioneer Park because he wanted to see the whole picture. He said the area could be revitalized and made a livable community. He said everyone needed to work together. He said if the motion was approved, it would reaffirm the City Council's commitment to homeless providers. He said homeless people were the City's responsibility because they belonged to the community.
Councilmember Christensen said his focus was the problem in Pioneer Park. He said the park harbored the worst kind of criminal activity. He said those activities included the abuse of alcohol, prostitution, assaults, and murders. He said there were problems with the dissemination of heroin, cocaine and all other manners of disturbing activity. He said it was not his thought that the City should affect the moral fiber of the community. He said he was convinced that redevelopment in this area would help the problem.
Councilmember Christensen said they had heard much this evening about the high standards of the community. He said he endorsed those comments and believed this City to be the finest in the country. He asked everyone to help fix the embarrassment that this park had become to the community. He said he hoped the focus and the attention this evening would be on the park and not on other things. He asked the community to stay at the problem and focus on the problem in and around the park. He said the problems in the park were worse than any legal establishment he had ever frequented in this State or the community which sold alcohol in a controlled and responsible environment.
Councilmember Christensen said he wanted to see improvement. He said no one should walk away saying that they stamped out the proliferation of alcohol abuse unless they stayed with the City and helped to improve the park. He said the Council had discussed the homeless issue and it was not an easy issue.
Councilmember Milner said earlier when this item was on the agenda, there was not opportunity for a discussion. She said at that time there was little if any concern regarding public input on the process. She said a motion had been made to slow down the proposal and provide ample opportunity for additional information from interested parties. She said this item had not gone through the proper process because it was expedited.
Councilmember Milner said Pioneer Park was in her district and was a public park for everyone's use. She said the real problem was the dereliction, the flagrant lawlessness, and the homeless population which needed the City's help. She said those parties should have been brought to the table first. She said this neighborhood had been neglected for a period of time. She said there was State statute which prohibited the sale of alcohol adjacent to a public park. She said this was a public park. She said the City needed to unify efforts now to address this area. She said all of the players needed to be brought to the table.
Councilmember Seed said she was impressed with the diversity of the opinions expressed. She said this issue had reaffirmed many of her beliefs about local government. She said that as elected officials they should not act without consulting people. She said she clearly did not have all of the answers to the problems and the challenges in Pioneer Park. She said together some answers might be found. She said the best people to consider all the questions were the business owners, the people who live in the community, and those people who had resources to bring to the area.
Councilmember Seed said everyone needed to sit down and spend time looking at each problem separately. She said the process could be started in the next six months.
Councilmember Jolley said he was interested in watching the dynamics of not only the Council but of the community. He said he was highly in favor of development in the Pioneer Park area. He said businesses needed to be supported and encouraged to build in the area. He said it was idealistic to think that by changing the name of the park, the City could solve the problem. He said not even one restaurant could solve the problem. He said the laws were established by the State and the State mandated when they would give a liquor license.
Councilmember Jolley said he supported the current motion to take time to bring in all interested parties. He said there had been much said about the LDS churches influence in this process. He said he did not agree because church members were part of the community as well as any other religion or groups. He said these groups had the right to speak. He said he would encourage the same organizations to rally the same support in ridding the park of the unwanted element.
The following people submitted cards in opposition but did not wish to speak:
Art Geurts, 1057 East 200 South.
M. Taylor Abegg, 794 16th Avenue.
Capitol Industries by Sam Gustafson, 2880 South Main Street #100.
George Paxton, 643 Washington Street.
Merla Swenson, 1133 East 200 South.
Elizabeth Bowden, 422 South 200 West.
England Merritt, 821 South 200 West.
Wm. F. McDermott, 1389 South 1000 West.
George Robinson, 123 2nd Avenue #1107.
David Jackson, 2575 Laguna Canyon Road.
Mary Reissen, 227 E Street #2.
Michael Arts, 1408 South 400 East #1.
Sarah Hadfield, 531 14th Avenue.
Rafael Labrera, 613 South 500 East.
Terasa Perry, 538 North Colorado #2.
Sandra Richter, 1420 South 900 West.
John Nash, 1236 Kensington Avenue.
Richard Hale, 1819 McClelland Street.
Sheila Reese, 1158 Herbert Avenue.
Leora Thomas, 60 Van Buren Avenue.
Darla Jones, 153 East Herbert Avenue.
John Tanner, no address given.
William H. Call, 185 North West Temple #304.
James Gee, 1117 McClelland Street.
Fay Robinson, 123 2nd Avenue #806.
Marlene Little, 1533 South 900 West.
Margot Butler, 1165 Herbert Avenue.
Judy Lord, 1520 Westminster Avenue.
Mandy Kivowitz, no address given.
Naomi Currie, 742 North 300 West.
Alan A. Rogers, 831 Talisman Drive.
Louise Day, 523 East 700 South.
Kristina Katinka, 858 East 200 South.
Kenneth Gustafsson, 250 South 900 East.
Don Maxfield, 126 McClelland Street.
Lurlene LeFevre, 611 Navajo Street.
Steven Christopher, 180 I Street #4.
Mrs. W. E. Hess, 533 11th Avenue.
Art LeFevre, 611 Navajo Street.
Gerald W. Sharp, 141 Edgecombe Drive.
Robert K. Wells, 1025 Garfield Avenue.
Steven Bain, 1163 Harrison Avenue.
Richard Whipple, 444 Oakley Street.
James M. Cope, 819 Emerson Avenue.
Mark Unruh, 958 East Wilson Avenue.
Brian Martin, 718 East 300 South #1.
Maxine Hoyt, 233 Williams Avenue.
Richard Chase, 459 North Chicago Street.
Barbara Crockett, 615 K Street.
Jennifer McLing, 793 North Oakley Street.
Mary Rushton, 18 West Hartwell Avenue.
Cheryl Saldivar, 603 South 800 East.
Beverly T. Trabanino, 339 East 600 South #1102.
Joel Jones, 153 East Herbert Avenue.
Diane Paxton, 643 Washington Street.
Russ Marcroft, 813 North 1200 West.
Karen Marcroft, 813 North 1200 West.
Lynn and Joie Tucker, 953 South 900 East.
Ren Richardson, 548 East 700 South.
Jay Davis, 320 South 800 East.
Grant S. Stensrud, 570 South 900 East.
Adam C. Leffler, 1280 East Yale Avenue.
Merle Keller, Jr., 575 Morton Drive.
Renee Dale, 1446 South 900 West.
James Mathis, 419 South 1200 East.
Donna Madsen, 1096 Sterling Drive.
Darryl High, 980 South Lincoln Street.
James Lawrence, 344 South 1300 East.
Carol West, 171 3rd Avenue #103.
Coral Clifford, 266 4th Avenue #604.
Bonnie P. Christensen, 249 Silver Star Drive.
Jay V. Christensen, 249 Silver Star Drive.
Scott Covington, 270 East Williams Avenue.
Bryon Carpenter, 600 South 600 East.
Mikki Cabrera, 613 South 500 East.
Ted Adams, 1237 East 100 South.
Richard Terry, 218 E Street.
Lynn Ames, 459 6th Avenue.
Brad Voss, 748 Green Street.
Barr M. Christensen, 945 Princeton Avenue.
Robert Gowans, 1158 Simondi Avenue.
C. C. C. Lark, 366 West 500 South.
Rocky Fellows, 2880 South Main Street.
James D. Alvey, 286 New Star Drive.
Sue Alvey, 286 New Star Drive.
Brent Day, 523 East 700 South.
Bill Grant, 123 2nd Avenue #806.
Helen Grant, 3661 Spruce Drive.
Jesus Terrapin, 718 East 300 South #1.
Alice Hoffman, 248 Hubbard Avenue.
John E. Pectol, 604 East 800 South.
Suzana Li, 240 New Star Drive.
Clyde Latta, 715 South 1100 East.
Paul Smith, 573 South 1200 East.
Russ Jacobsen, 851 Ouray Avenue.
Richard Smiley, 816 16th Avenue.
John W. Clifford, 266 4th Avenue #604.
Vera Bethers, 182 Herbert Avenue.
Max L. Bromall, 1202 McClelland Street.
Norma Bromall, 1202 McClelland Street.
Ann Snider, 515 East Hawthorne Avenue.
Norma Amodt, 950 Jefferson Street.
Russell Alley, 141 2nd Avenue #805.
Jena L. Burt, 653 Post Street.
Marcella Marshall, 624 Camarilla Circle.
Ronald Rosenlund, 756 Cheyenne Street.
Elmer Bullock, 625 Camarilla Circle.
L. Flint Tuitavuki, 138 Williams Avenue.
M. Thomas, 1966 South 200 East #407.
John D. Hopkins, 805 East Simpson Avenue.
Steven E. Gull, 634 North 800 West #1.
Lehua Malungahu, 664 South West Temple #8.
Stephen Goldsmith, 325 West Pierpont Avenue.
Merle Keller III, 575 Morton Drive.
Kent J. Fetzer, 763 East 500 South.
David Brenchley, 808 East 500 South.
Neils Little, 1533 South 900 West.
Colleen Dority, 1150 East 300 South.
Zeke Post, 534 East 800 South.
Eileen G. Greene, no address given.
Dale Madsen, 1096 Sterling Drive.
Leon Pedersen, 1620 West 800 North.
Thurston Hovey, 1494 South 1000 West.
Phyllis Geurts, 1057 East 200 South.
The following people submitted cards in support of the name change:
Kent Carpenter, 1450 East Roosevelt Avenue.
James Derrick, 784 Northview Drive.
Shelley DeProto, 175 East Edith Avenue.
Duane Bush, 79 North Laurel Street.
Toni Tietjen, 434 E Street.
Ed HerrNeckar, 2283 East Lorita Way.
A. Barrutia, 1531 South West Temple.
Karen Silver, 764 South 200 West.
Michael Nook, 537 West 600 South.
Nancy L. Rogers, 57 East Hillside Avenue.
Clara Maxwell, 122 South Main Street.
Kermit Johnson, 40 Dorchester Drive.
Boone Speed, 2245 South Windsor Street.
Kristin Hopfenbeck, 380 West Pierpont Avenue.
Debra Wrathall, 327 South 800 East.
Susan Kay Land, 123 2nd Avenue #610.
(O 96-36)
The meeting adjourned at 9:40 p.m.
bj