CITY OF SOUTH SALT LAKE

CITY COUNCIL MEETING

 

 

COUNCIL MEETING                                                Wednesday October 22, 2008

7:00 p.m.

 

CITY OFFICES                                                          220 East Morris Avenue

South Salt Lake, Utah 84115

 

PRESIDING                                                                Council  Chair LeRoyTurner

CONDUCTING                                                          Council Member Shane Siwik

 

PLEDGE OF ALLEGIANCE/

SERIOUS MOMENT OF REFLECTION                  Council Member LeRoy Turner

 

SERGEANT-AT-ARMS                                             John Ferguson

 

COUNCIL MEMBERS PRESENT:

            Marilyn Brusch, Casey Fitts, Rea Goddard, Michael Rutter,

            Shane Siwik, LeRoy Turner and John Weaver

 

STAFF PRESENT:

Mayor Robert D. Gray

David Carlson, City Attorney

Janice Frost, Deputy City Attorney

Larry Gardner, Director, Community/Economic Development

Dennis Pay, Public Works Director

Craig D. Burton, City Recorder

Karen Rynearson, Deputy City Recorder

 

OTHERS PRESENT:

See Attached List

 

Council Member Siwik moved that the Council go into Executive Session to discuss the sale, purchase, exchange or lease of real property pursuant to Utah Code Annotated, 1953, as amended, Sec. 52-4-204 and Sec. 52-4-205(1)(d) and (e). 

 

MOTION:                   Shane Siwik

SECOND:                   John Weaver

 

 

 

 

 

 

Roll Call Vote:

Brusch              Aye

Fitts                              Aye

Goddard                      Aye

Rutter                           Aye

Siwik                            Aye

Turner                          Aye

Weaver                        Aye

 

The Council recessed at 7:02 p.m. and adjourned to Executive Session.

 

In accordance with U.C.A. Section 52-4-206, 1953, as amended by Chapter 180, Laws of Utah, 1987, as amended, written minutes were made of the Executive Session held to discuss the sale, purchase, exchange or lease of real property.  Such minutes are protected records under Title 63, Chapter 2, Government Records Access and Management Act. 

 

Executive Session ended at 7:25 p.m.  Council Members reconvened to Council Chambers.

 

Mr. Carlson left the meeting at the conclusion of the Executive Session at 7:25 p.m.

 

NO ACTION ITEMS

 

1. SCHEDULING.  City Recorder Craig Burton informed those at the meeting of upcoming events, meetings, activities, etc.

 

2. MAYOR COMMENTS.  Mayor Gray informed the Council that the recycle cans started going out to residents on October 20.  The City offices have received about eight complaints or questions about it.  Instructions about the program also went out with the cans.

 

3. CITY COUNCIL COMMENTS.   Council Member Rutter asked if the City was having flu shots this year.  Karen Rynearson answered yes, on December 3.

 

Council Member Fitts commented that he had received a recycling can and instructions.  The instructions did a good job of answering all the questions. 

 

Council Member Brusch asked the status of the General Plan and what they could expect in the next couple of months.

 

Larry Gardner answered that he had a significant amount of information for the joint meeting with the Planning Commission scheduled for November 19.  The public hearing for the adoption of the Plan should be in January.

 

Council Member Siwik reported a couple buying a home in the development on 300 East behind Lincoln Elementary has asked if about one third of the green area there could be made into a small dog park.  Mayor Gray said he didn’t have a problem with that and he would get with Mr. Pay and see what they can do.

 

4. CITIZEN COMMENTS/QUESTIONS. Tera Rollings, Utah Housing Coalition, 1700 South 202 East.  South Salt Lake was awarded “Member of the Year” along with the other members who collaborated on the Grace Mary Manor project.

 

 

ACTION ITEMS

 

UNFINISHED COUNCIL BUSINESS

 

  1. A RESOLUTION OF THE CITY OF SOUTH SALT LAKE CITY COUNCIL AMENDING THE CONSOLIDATED FEE SCHEDULE TO INCLUDE FEES FOR THE APPLICATION AND RENEWAL PERMITS FOR SECURING OF BUILDINGS AND PROPERTY AS PER ORDINANCE 8.44 “SECURING OF BUILDING AND PROPERTY.”  Mr. Gardner explained that the ordinance was passed at the previous meeting and this resolution is to amend the fee schedule to include a $700 initial application fee, a $1,200 renewal fee and a $3 per day, late fee.  This is geared toward the buildings that are running down neighborhoods and property values.  They become havens for vagrants.

 

Council Member Weaver moved to approve the resolution.

 

MOTION:                   John Weaver

SECOND:                   LeRoy Turner

Roll Call Vote:

Brusch              Aye

Fitts                              Aye

Goddard                      Aye

Rutter                           Aye

Siwik                            Aye

Turner                          Aye

Weaver                        Aye

 

  1. AN ORDINANCE OF THE CITY OF SOUTH SALT LAKE CITY COUNCIL REGULATING PICKETING OF A PRIVATE RESIDENCE IN RESIDENTIAL ZONED DISTRICTS BY CREATING A NEW CHAPTER 12.54 OF THE CITY OF SOUTH SALT LAKE MUNICIPAL CODE.  Ms. Frost explained that a month ago there was a situation where a citizen got in a dispute with a resident and was picketing the home which was creating some issues for the police department.  The City didn’t have anything to address that.  Obviously this implicates first amendment rights issues.  Mr. Carlson did some research with the International Municipal Lawyer’s Association.  They had a model ordinance that had been well researched according to federal law with regards to protecting first amendment rights, but also imposing some restrictions similar to a time, place and manner restrictions.  They have talked it over with Chief Snyder, reviewed the ordinance and the supporting case law which supports the ordinance, and they recommend adoption.

 

Council Member Weaver believes this puts into place some safeguards in residential areas, where both first amendment rights are respected and honored as is also the peace and tranquility of the residential neighborhood, where someone could come and go to their own home without being harassed or harangued.  He believes it’s worthy of pursuing.

 

Ms. Frost explained that Mr. Carlson did a pretty extensive review of the federal cases that were supportive of this law and felt comfortable that they met constitutional muster.  She further explained that under this ordinance a person could not locate themselves for all the allowed hours of picketing in one place in front of the one address.  You can’t prevent people from exercising their first amendment rights to protest and picket.  This is an attempt to impose a reasonable time, place and manner restriction so that the people who reside there, or whose business it is, have some protection, but we recognize the rights of people to express their unhappiness.

 

Council Member Fitts believes it not only protects first amendment rights, but all rights of individuals.  It is protecting the right of an individual to the sanctity of their private property.  It is focusing on the rights of both parties.

 

Council Member Rutter asked if the ordinance protects private citizens like “Joe Plumber” from media blitzes.  Do they need to?  For example, if something controversial happened that caused news crews from all over the country to come to the Mayor’s house and want an answer, it would cause traffic jams and problems.  He suggests they take a look at that.

 

Council Member Weaver moved to adopt the ordinance regulating picketing of a private residence in residential zoned districts by creating a new Chapter 12.54 of the City of South Salt Lake Municipal code with the expectation of a follow through and inquiry on the second issue that Council Member Rutter raised.  So, this ordinance will stand as written and if there are amendments that could address the other issue, the Council would entertain those when they are brought back.

 

MOTION:                   John Weaver

SECOND:                   Michael Rutter

 

 

 

 

 

Roll Call Vote:

Brusch              Aye

Fitts                              Aye

Goddard                      Aye

Rutter                           Aye

Siwik                            Aye

Turner                          Aye

Weaver                        Aye

 

  1. AN ORDINANCE OF THE CITY OF SOUTH SALT LAKE CITY COUNCIL MAKING CERTAIN CLARIFYING AMENDMENTS TO CHAPTER 74 OF TITLE 13 OF THE CITY OF SOUTH SALT LAKE MUNICIPAL CODE REGARDING RULES THAT REGULATE HOW THE CITY DEALS WITH UTILITY CUSTOMERS.  Ms. Frost explained that the remaining ordinances on the agenda were discussed in regards to the garbage ordinance that says people receiving garbage services need to be current on their bills.  This is an attempt to bring into line other ordinances that do not have that same restriction.  It seems silly that the City would have one ordinance that would say if you haven’t paid your garbage fee you can’t get this other service without proposing that on other ordinances.  So the following ordinances are simply an attempt to get some cohesion to the City code and make them all the same.

 

Council Chair Turner moved to approve the ordinance making certain clarifying amendments to Chapter 74 of Title 13 of the City of South Salt Lake Municipal Code regarding rules that regulate how the City deals with utility customers.

 

MOTION:                   LeRoy Turner

SECOND:                   Casey Fitts

Roll Call Vote:

Brusch              Aye

Fitts                              Aye

Goddard                      Aye

Rutter                           Aye

Siwik                            Aye

Turner                          Aye

Weaver                        Aye

 

 

  1. AN ORDINANCE OF THE CITY OF SOUTH SALT LAKE CITY COUNCIL MAKING CLARIFYING AMENDMENTS TO CHAPTER 2 OF TITLE 5 OF THE CITY OF SOUTH SALT LAKE MUNICIPAL CODE REGARDING BUSINESS LICENSE REGULATION.  Ms. Frost explained that this ordinance does the same thing as the last with a couple of other things.  Recently the City suspended an individual’s business license who was hosting massive after hour parties with lots of intoxicated young people.  They were serving alcohol after hours and there were lots of fights, with the police responding, that went on the entire summer.  The problem the City had was the ordinance says that the revocation doesn’t go into effect until ten days after you have received notice.  So, they could continue to operate in violation of the law.  This ordinance would give the City some options.  First, it has been changed to read that the revocation is effective as soon as it is received.  Second, it also proposes an option of some graduated sanctions before a business immediately loses their license because many of the cases aren’t as extreme as the one cited here.  A business can still appeal the decision.  That hasn’t changed.

 

Council Member Siwik clarified that if the City revokes a license they can’t do any business even if they’re on appeal.  They are closed.  Ms. Frost concurred.

 

Council Member Rutter moved to approve the ordinance making clarifying amendments to Chapter 2 of Title 5 of the City of South Salt Lake Municipal Code regarding business license regulation.

 

MOTION:                   Michael Rutter

SECOND:                   LeRoy Turner

Roll Call Vote:

Brusch              Aye

Fitts                              Aye

Goddard                      Aye

Rutter                           Aye

Siwik                            Aye

Turner                          Aye

Weaver                        Aye

 

  1. AN ORDINANCE OF THE CITY OF SOUTH SALT LAKE CITY COUNCIL AMENDING VARIOUS TITLES AND CHAPTERS OF THE CITY OF SOUTH SALT LAKE MUNICIPAL CODE REGARDING THE APPROPRIATE PROCEDURE FOR APPEALS FROM ADMINISTRATIVE DECISIONS.  Ms. Frost explained that this is a clean up of the Code ordinance.  The City Code currently has a host of ways in which various entities appeal decisions.  Now the City has changed to the administrative law judge.  Mr. Carlson has gone through the City Code and attempted to eliminate all the various boards and ad hoc committees and put all of the appeals or challenges to decisions before the administrative law judge.  Appeals of the decisions of the administrative law judge go to the State court.  The advantage of having the appeals go to the administrative law judge, rather than various boards, is that if someone appeals to the State court, all the State court determines is whether or not they received due process.  You don’t re-litigate every issue.  With the boards you have to re-litigate every issue.

 

Council Member Weaver moved to adopt the ordinance of the City of South Salt Lake amending various titles and chapters of the City of South Salt Lake Municipal Code regarding the appropriate procedure for appeals from administrative decisions.

 

Council Member Brusch pointed out on page 3 that the language under the letter “C” has been eliminated and therefore the lettering is out of order.

 

Council Member Siwik seconded the motion with the lettering changes mentioned by Council Member Brusch.

 

MOTION:                   John Weaver

SECOND:                   Shane Siwik

Roll Call Vote:

Brusch              Aye

Fitts                              Aye

Goddard                      Aye

Rutter                           Aye

Siwik                            Aye

Turner                          Aye

Weaver                        Aye

 

NEW COUNCIL BUSINESS

 

1.      AN ORDINANCE OF THE CITY OF SOUTH SALT LAKE CITY COUNCIL MAKING CLARIFYING AMENDMENTS TO CHAPTER 58 OF TITLE 5 OF THE CITY OF SOUTH SALT LAKE MINICIPAL CODE ALLOWING THE CITY TO DENY A BUSINESS LICENSE TO AN APARTMENT DWELLING UNTIL ALL OTHER FEES AND FINES OWED TO THE CITY ARE PAID.  Ms. Frost explained that this is the same thing as the ordinance regarding utility customers and business licensing.  The reason that they are doing this is that most people wouldn’t naturally think to look in the business licensing section of the code if they have an apartment. This way everything apartment owners need to do is in one place.

 

Council Member Siwik moved to suspend the rules.

 

MOTION:                   Shane Siwik

SECOND:                   Michael Rutter

Voice Vote:

Brusch              Aye

Fitts                              Nay

Goddard                      Aye

Rutter                           Aye

Siwik                            Aye

Turner                          Aye

Weaver                        Aye

            Council Member Siwik moved to approve the ordinance.

 

MOTION:                   Shane Siwik

SECOND:                   John Weaver

Voice Vote:

Brusch              Aye

Fitts                              Aye

Goddard                      Aye

Rutter                           Aye

Siwik                            Aye

Turner                          Aye

Weaver                        Aye

 

Council Member Siwik moved to adjourn.

 

MOTION:                   Shane Siwik

SECOND:                   Casey Fitts

Voice Vote:

Brusch              Aye

Fitts                              Aye

Goddard                      Aye

Rutter                           Aye

Siwik                            Aye

Turner                          Aye

Weaver                        Aye

 

Council Meeting adjourned at 8:05 p.m.

 

 

 

 

                                                                        ____________________________________

                                                                        LeRoy Turner, Council Chair

 

 

 

 

__________________________________

Craig D. Burton, City Recorder