PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
REGULAR/BRIEFING SESSION
TUESDAY, APRIL 12, 1988
The City Council of Salt Lake City, Utah, met as the Committee of the Whole on Tuesday, April 12, 1988, at 5:00 p.m. in Suite 300, City Hall, 324 South State.
The following Council Members were present: Florence Bittner Thomas Godfrey Wayne Horrocks Roselyn Kirk Sydney Fonnesbeck Willie Stoler Alan Hardman.
Council Chairperson Godfrey presided at the meeting.
BRIEFING SESSION
The City Council interviewed Elaine Weiss prior to her reappointment to the Airport Authority Board. Ms. Weiss told the Council that she had resided in Salt Lake City for several years and had been very active in the community. She said she had enjoyed her years of service on the Airport Authority Board and looked forward to her continued association with Board Members and City Officials.
The City Council interviewed Curtis Ackerlind prior to his appointment to the Airport Authority Board. Mr. Ackerlind told the Council that he had been interested in airplanes and aviation since 1951. He said he was a pilot and therefore could convey concerns of private pilots to other members of the Airport Authority Board.
Councilmember Kirk asked Mr. Ackerlind if he would be able to commit the time necessary to fulfill the duties of the Airport Authority Board. Mr. Ackerlind said the time commitment was no problem for him. Linda Hamilton, Executive Director, briefed the Council on the evening’s agenda. She told Council Members that they should consider adopting an ordinance re-codifying City ordinances. She told the Council that Council Staff had read the revisions three times and they appeared to be fine.
She added that the purpose of the re-codification was to change City ordinances which referred to the “City Commission” so they referred to the “City Council” or “Mayor”, whichever was appropriate. Councilmember Bittner asked if the Council could adopt the re-codification during the Council meeting. Ms. Hamilton said she had scheduled Larry Spendlove, Assistant City Attorney, to brief the Council on the re-codification.
Councilmember Bittner said she felt the Council had received enough briefings on the re-codification and that it should just be adopted as is. Dick Fox, Bond Counsel to the City Council, briefed the Council on a resolution approving amendments to the $14,900,000 Housing Authority adjustable/fixed rate housing revenue bonds for the Housing Development Corporation, Housing for the Elderly Project. Mr. Fox told the Council he recommended that, in spite of the amendment to the bonds, the City begin lease-up procedures on the Riverside Apartments. Dan Franks, Housing Development Corporation Director, said that lease-up proceedings hadn’t been started because a lien was placed against the property. He added that leases which would be offered to residents would be limited to one year terms. He said that the lease limitation would make the property more attractive to potential purchasers if the Housing Corporation decided to liquidate.
Councilmember Horrocks asked what would happen to the tenant at the end of the lease term. Mr. Franks responded that the original rate of rent could only be guaranteed for the term of the lease; however, a new lease could be signed with amended provisions. Councilmember Bittner said that the one-year limitation on leases would create an undesirable situation for elderly tenants. She said that elderly tenants would not move in if they faced the possibility of having to move again after a year.
Mr. Franks said the tenants would not be forced to move. He said, however, that if one year limitations were not placed on the leases the building probably would not attract buyers. Mr. Franks said that the potential tenants ware made fully aware that the building was in the process of being sold. He added that the lease provisions were being fully explained to elderly residents so that there was no misunderstanding
The meeting adjourned at 6:00 p.m.
The City Council of Salt Lake City, Utah, met in regular session on Tuesday, April 12, 1988, at 6:00 p.m. in the City Council Chambers, City Hall, 324 South State Street.
The following Council Members were present: Florence Bittner Thomas Godfrey Wayne Horrocks Roselyn Kirk Sydney Fonnesbeck Willie Stoler Alan Hardman.
Mayor Palmer DePaulis, Steven Allred, assistant city attorney, Kathryn Marshall, city recorder, Lynda Domino, chief deputy city recorder, were present.
Councilmember Godfrey presided at and Councilmember Stoler conducted the meeting.
Approval of Minutes
Councilmember Godfrey moved and Councilmember Kirk seconded to approve the minutes of the Salt Lake City Council for the regular meeting held Tuesday, April 5, 1988, which motion carried, all members voted aye.
(M 88-1)
Special Recognition
The City Council presented Tom Greenwood with a resolution of appreciation for his years of service with the Police Athletic League. Councilmember Horrocks read the resolution which stated that Mr. Greenwood had created many worthwhile programs for low income children and had provided programs during the summer to keep the neighborhood children busy in a positive manner.
Mayor DePaulis said the city was trying to strengthen this program so Mr. Greenwood’s efforts would continue. He also appreciated the support Mr. Greenwood gave the program and the base he established. Mr. Greenwood said he appreciated this resolution and had enjoyed working with PAL. He said a lot of kids needed the extra help and push. He thanked the other people who had been involved in this program.
Councilmember Kirk moved and Councilmember Godfrey seconded to adopt Resolution 32 of 1988 recognizing Tom Greenwood, which motion carried, all members voted aye.
(R 88-1)
PETITIONS
Petitions 400-349 and 351 by Harold Wilkinson.
RE: Annexing portions of Elgin and Austin Avenues to Salt Lake City and establishing an “R-2” zoning classification (Brickyard area west of 1100 East).
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Ordinance 22 of 1988 recognizing the adoption of Amendment 5C to the Master Annexation Policy Declarations; extending the limits of Salt Lake City to include the “Wilkinson Annexation”; and zoning the same Residential “R-2” by amending the use district map as adopted by Section 51-12-1 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, which motion carried, all members voted aye.
(P 88-27 & P 88-28)
Petition 400-586 by Rainbo Oil.
RE: A request for Salt Lake City to rezone the north 57 feet of three lots located on the northeast corner of Commonwealth Avenue and 500 East Street from Residential “R-2” to Commercial “C-1” in order to develop the southeast corner of 2100 South and 500 East as a convenience store, gas pump islands and a detached car wash.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to set a date for a public hearing on Tuesday, June 14, 1988, at 6:30 p.m., which motion carried, all members voted aye.
(P 88-71)
DEPARTMENTAL BUSINESS
AIRPORT AUTHORITY
#1. RE: An interlocal cooperation agreement between Salt Lake City Corporation and the State of Utah Department of Public Safety to provide defensive driving training to certain airport personnel and others at the airport in exchange for the use of an abandoned portion of North Temple.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Resolution 30 of 1988 authorizing the execution of the interlocal agreement, which motion carried, all members voted aye.
(C 88-142)
CITY ATTORNEY
#1. RE: An ordinance adopting a codification of the permanent and general ordinances of Salt Lake City, Utah, as compiled, edited and published by Book Publishing Company, Seattle, Washington, to be known as the “Salt Lake City Code”, three copies of which are now and shall remain on file in the Office of the City Recorder for public inspection, and which shall include but not be limited to amendments and repealers to specific titles, chapters and sections of the former Revised Ordinances of Salt Lake City, Utah, 1965, as set forth in attachment “A” to the ordinance.
ACTION: Councilmember Fonnesbeck moved and Councilmember Bittner seconded to suspend the rules and on first reading adopt Ordinance 24 of 1988 adopting the new “Salt Lake City Code”, which motion carried, all members voted aye.
(O 88-9)
DEVELOPMENT SERVICES
#1. RE: An ordinance amending 51-13-1(12) permitting the installation of 220 volt, 40 ampere single phase electrical service for accessory buildings.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to set a date for a public hearing on Tuesday, May 3, 1988, at 6:20 p.m., which motion carried, all members voted aye.
(O 88-8)
HOUSING AUTHORITY
#1. RE: A resolution approving the form of a disclosure memorandum to bond holders and an amendment of documents pertaining to the $14,900,000 Housing Authority of Salt Lake City adjustable/fixed rate housing revenue bonds for the Housing Development Corporation of Salt Lake City, Housing for the Elderly project, for the purpose of modifying the project definition, for alternative uses of bond proceeds, authorizing the initiation of marketing efforts for sale of prospective project sites and the Parkview facility plus the lease upon a pilot study basis of the Riverside facility.
ACTION: Councilmember Fonnesbeck moved and Councilmember Kirk seconded to suspend the rules and on first reading adopt Resolution 31 of 1988 subject to approval by the Salt Lake City attorney, which motion carried, all members voted aye.
DISCUSSION: Councilmember Stoler asked Mayor DePaulis if there was an investigation proceeding on this issue with regards to the possibility of anything that may have been misleading such as the advice that the City Council was given. Mayor DePaulis said the Housing Development Corporation Board would have to initiate that kind of action and the city would join with them. He indicated that the city attorney expressed interest in pursuing an investigation but the Housing Development Corporation would initiate it. Councilmember Stoler said he wanted this issue explored and was suspicious of malfeasance.
Mayor DePaulis said the Council needed to pursue their interest for an investigation with the Housing Development Corporation and said he would appreciate some intent language to them so the city could follow up. He said at this time the Housing Development Corporation was only keeping their notes and all documents and being very careful but he had heard no information from them that they were discussing whether they should pursue this issue legally.
(C 85-564)
MAYOR’S OFFICE
#1. RE: The appointment of Laird Snelgrove to the Sugar House Park Authority Board.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to approve the appointment, which motion carried, all members voted aye.
(I 88-13)
#2. RE: The reappointment of Virginia Lee-Curtis to the Public Utilities Advisory Committee.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to approve the reappointment, which motion carried, all members voted aye.
(I 88-6)
#3. RE: The appointment of Curtis E. Ackerlind, Jr. and the reappointment of Elaine Weiss to the Airport Authority Board.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to approve the appointment and reappointment, which motion carried, all members voted aye.
(I 88-8)
PUBLIC UTILITIES
#1. RE: An interlocal cooperation agreement between Salt Lake City Corporation and the United States Army Corps of Engineers to allow the United States Army Corps of Engineers right of entry onto city property located near the Little Dell Dam site.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Resolution 29 of 1988 authorizing execution of the agreement, which motion carried, all members voted aye.
(C 88-141)
PUBLIC HEARING
Petition 400-578 by Evans Automotive.
RE: A public hearing at 6:40 p.m. to obtain comment concerning the request that Salt Lake City close and sell Gillespie Avenue between Fulton and March Streets.
ACTION: Councilmember Fonnesbeck moved and Councilmember Kirk seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Bittner moved and Councilmember Horrocks seconded to adopt Ordinance 23 of 1988 closing Gillespie Avenue between Fulton and March Streets, which motion carried, all members voted aye.
DISCUSSION: Janice Jardine, planning and zoning, outlined the area on a map and said both abutting property owners were in favor of closing the road. She said all the necessary departments had reviewed this request and no department objected; also the Planning Commission recommended approval. She said this street was not paved or used. Steven Evans, petitioner, asked that when the city was considering fair market value of the property to please remember that the city would benefit from this closure since he would be paying taxes on the property and using it for an impound lot, which would generate money to the city from sales tax. Gary Brockbank concurred with the street closure. No one objected to this request.
(P 88-58)
COMMENTS
#1. Steve Green said he had a mobile emission testing vehicle and had applied for a business license in order to do business at 900 West and North Temple at an abandoned gas station but was denied a business license under the ordinance dealing with relocated office buildings. He said he didn’t think this ordinance applied to his business since he didn’t need utility services. He said he had the property owner’s permission to use the gas station until it was sold but said he was denied the business license because he was told Salt Lake City didn’t allow mobile businesses. He said there was a person doing the same type of business at the parking lot on State Street and 900 South who had a business license that apparently had been issued by mistake but had not been revoked. Mayor DePaulis said transient business did violate the ordinance but said he wanted to work with Mr. Green and the attorney’s office to investigate this situation. He asked Mr. Green to give him the necessary information.
#2. Janet Brennan, realtor associate with Mansell, complained that one of her open house signs had been picked up by city zoning officers. She said the use of open house signs was very important to a realtor’s business and she didn’t think the city sign ordinance (regarding signs on city property, i.e. parking strips) should apply to open house signs since they were temporary, only four to six hours on an open-house day. She said if this ordinance was strictly enforced it would handicap a great selling resource for realtors. She requested that these signs be exempted from the ordinance.
Mayor DePaulis said this was the first time he heard of this happening but Councilmember Godfrey said he knew this had happened before and Councilmember Kirk said she had received numerous complaints. Mayor DePaulis said if the Council wanted to amend the ordinance then they needed to direct the administration to do so. Councilmember Fonnesbeck said if they amended this they needed to consider a broad range of signs and not just realtors signs. She said the problem with some temporary signs, such as “garage sale” signs was that they created a litter.
Steven Allred, assistant city attorney, said there were legal questions regarding this issue such as free speech. Councilmember Hardman said he wanted the Council to review this ordinance. Councilmember Godfrey said the purpose of the ordinance was to try and keep Salt Lake City attractive by restricting signs and he said the question was where to draw the line. Councilmember Kirk asked how cumbersome it would be to investigate this issue and Mr. Allred said that would depend on how far the Council wanted to go with the issue of allowing city property to be used for this purpose.
Councilmember Fonnesbeck said she didn’t mind considering this issue but didn’t want to create a big problem. She said the possibility of putting time restrictions on such signs was a good line to draw. Councilmember Stoler indicated that he didn’t mind discussing this issue if it was something the Board of Realtors wanted to pursue and not just one individual. Mayor DePaulis suggested that the administration put together a proposal for the Council which would go through planning and zoning before it came before the Council.
#3. Sam Taylor asked the Council to consider the idea of “home confinement” for some law offenders instead of jail since the cost of jails was so expensive. He said home confinement had been tried all over the country and he referred specifically to Florida where this practice seemed to be working. He said because of Florida’s program they saved the cost of having to build two additional prisons. He outlined the program by saying that offenders had to work (they couldn’t be on welfare) and pay supervision costs to the state. A probation officer was required to check on the person every day either by visiting or calling. Mr. Taylor also talked about the UTA and complained about subsidies they received. He didn’t think their service was as good as it should be and suggested that since they received subsidies they should offer free bus services to people like the jobless and elderly.
He also said few people used UTA yet UTA wanted 300 additional buses. He suggested that before Salt Lake City considered a light rail system they should consider options to alleviate commuter traffic such as a four-day work week, flexible working hours, and one-way streets. He said UTA needed maximum utilization of the buses they presently had operating.
The meeting adjourned at 7:25 p.m.