PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
REGULAR/BRIEFING SESSION
TUESDAY, APRIL 14 1987
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, APRIL 14, 1987, AT 5:10 P.M. IN SUITE 300 CITY HALL, 324 SOUTH STATE.
THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: FLORENCE BITTNER THOMAS M. GODFREY GRANT MABEY ROSELYN N. KIRK SYDNEY R. FONNESBECK WILLIE STOLER EARL F. HARDWICK.
Council Chairperson Kirk presided at the meeting.
BRIEFING SESSION
Linda Hamilton, Executive Director, briefed the Council on the evening’s agenda. Ms. Hamilton introduced D’Arcy Ann Dixon and Chris Montague to the Council Members. Ms. Dixon and Mr. Montague were to be appointed to the Salt Lake City Arts Council in the regular meeting.
The meeting adjourned at 5:20 p.m.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, APRIL 14, 1987, AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS, SUITE 300, CITY HALL, 324 SOUTH STATE.
THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: FLORENCE BITTNER THOMAS M. GODFREY GRANT MABEY ROSELYN N. KIRK SYDNEY R. FONNESBECK WILLIE STOLER EARL F. HARDWICK.
Mike Zuhl, Chief of Staff, Roger Cutler, city attorney, Kathryn Marshall, city recorder, and Lynda Domino, chief deputy recorder, were present.
Mayor Palmer DePaulis was absent.
Council Chairperson Kirk presided at and Councilmember Hardwick conducted the meeting.
The Council led the Pledge of Allegiance.
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 7, 1987, which motion carried, all members voting aye.
(M 87-1)
PETITIONS
Petition 400-460 by Salt Lake City Corporation.
RE: An ordinance closing two streets located at 600 South and 700 West.
ACTION: Councilmember Godfrey moved and Councilmember Mabey seconded to adopt Ordinance 21 of 1987 closing two streets located at 600 South and 700 West, which motion carried, all members voting aye.
(P 86-302)
DEPARTMENTAL BUSINESS
FINANCE
#1. RE: TEFRA hearing to obtain public comment on the issuance by Salt Lake City Corporation of Tax Exempt Revenue Refunding Bonds for IHC, Hospitals, Inc.
ACTION: Councilmember Godfrey moved and Councilmember Fonnesbeck seconded to set a date for Tuesday, May 19, 1987, at 6:30 p.m., and authorize and direct the publication of the notice, which motion carried, all members voting aye.
(Q 85-20)
#2. RE: An interlocal agreement providing for the refinancing of certain health care facilities both inside and outside the boundaries of Salt Lake City (IHC Hospitals, Inc. refunding).
ACTION: Councilmember Fonnesbeck moved and Councilmember Kirk seconded to adopt Resolution 33 of 1987 approving the form of, and authorizing and directing the execution of an interlocal cooperation agreement by and among Salt Lake City Corporation, Sandy City, City of Orem, Mt. Pleasant City, American Fork City, Washington County and Sevier County, providing for the refinancing of certain health care facilities located both inside and outside the boundaries of Salt Lake City Corporation, and refunding bonds by Salt Lake City Corporation, and directing the publication of the resolution and the form of interlocal cooperation agreement, which motion carried, all members voting aye.
(Q 85-20)
#3. RE: An Initial Resolution for tax-exempt revenue refunding bonds for IHC Hospitals, Inc.
ACTION: Councilmember Fonnesbeck moved and Councilmember Godfrey seconded to adopt Resolution 34 of 1987, an Initial Resolution, authorizing the issuance of tax-exempt revenue refunding bonds by Salt Lake City Corporation, in an aggregate principal amount not to exceed $110,000,000 for the purpose of refinancing certain health care facilities located both inside and outside the boundaries of Salt Lake City Corporation, and owned and operated by IHC Hospitals, Inc., and authorizing and directing the publication of a Notice of Bonds to be Issued with respect thereto, which motion carried, all members voting aye.
(Q 85-20)
MAYOR’S OFFICE
#1. RE: The reappointment of William A. Lewis and the appointments of Chris Montague and D’Arcy Ann Dixon to the Salt Lake City Arts Council.
ACTION: Councilmember Godfrey moved and Councilmember Mabey seconded to approve the appointments and reappointment, which motion carried, all members voting aye.
(I 87-14)
#2. RE: The reappointment of Marvin Tuddenham to the Public Utilities Advisory Board.
ACTION: Councilmember Godfrey moved and Councilmember Mabey seconded to approve the reappointment, which motion carried, all members voting aye.
(I 87-9)
PUBLIC WORKS
#1. RE: The assessment ordinance for Special Improvement District 38-750.
ACTION: Councilmember Fonnesbeck moved and Councilmember Godfrey seconded to adopt Ordinance 22 of 1987 confirming the equalized assessment rolls and levying a tax in the aggregate amount of $389,037.00 providing for the assessment of property in Salt Lake City, Curb and Gutter Extension No. 38-750 for a new drainage system, curb and gutter and sidewalk and all other miscellaneous work necessary to complete the improvements; reaffirming the establishment of a Special Improvement Guaranty Fund; and establishing the effective date of the ordinance, which motion carried, all members voting aye.
(Q 84-1)
#2. RE: The assessment ordinance for Special Improvement District 38-800.
ACTION: Councilmember Fonnesbeck moved and Councilmember Godfrey seconded to adopt Ordinance 23 of 1987 confirming the equalized assessment rolls and levying a tax in the aggregate amount of $231,324.00 providing for the assessment of property in Salt Lake City, 200 South Street Beautification Curb and Gutter Extension No. 38-800 for construction of decorative sidewalks, new curbs and gutters, street landscaping, sprinkling systems, planters, improved street lighting and new storm drain facilities and all other miscellaneous work; reaffirming the establishment of a Special Improvement Guaranty Fund; and establishing the effective date of the ordinance, which motion carried, all members voting aye.
(Q 86-4)
PUBLIC HEARINGS
Special Improvement District 40-R-l3.
RE: A public hearing at 6:00 p.m. to obtain public protest concerning Salt Lake City Special Improvement District 40-R-l3, concrete replacement involving State and Main Streets from 900 South to 2100 South along with the connecting streets between them and an area in the Avenues from “A” Street to “E” Street between 4th Avenue and 7th Avenue.
ACTION: Councilmember Mabey moved and Councilmember Kirk seconded to close the public hearing, which motion carried, all members voting aye.
Councilmember Godfrey moved and Councilmember Bittner seconded to direct the City Engineer to tabulate the results, which motion carried, all members voting aye.
DISCUSSION: John Naser, city engineering, said the preliminary protest rate for this district was 3%. No one from the audience spoke.
(Q 87-3)
Special Improvement District 38-813.
RE: A public hearing at 6:00 p.m. to obtain public protest concerning Salt Lake City Special Improvement District 38-813, curb and gutter extension, noncontiguous streets.
ACTION: Councilmember Godfrey moved and Councilmember Mabey seconded to close the public hearing, which motion carried, all members voting aye.
Councilmember Fonnesbeck moved and Councilmember Mabey seconded to direct the City Engineer to tabulate the results, which motion carried, all members voting aye.
DISCUSSION: Mark Morrison, city engineering, said the preliminary protest rate for the district was 38% and the following streets exceeded 50%: 4th Avenue, California Avenue, Van Buren, Paramount, and Berkley. Councilmember Godfrey asked if these streets would stay in the district and Mr. Morrison replied that historically the Council deleted streets with over a 50% protest rate but it was the Council’s option. Dave Johnson, contract purchaser of a home on 4th Avenue, said he wanted to stay out of the district and felt his area did not need the improvements. Councilmember Kirk asked if the streets with the 50% protest rate were non-contiguous to which Mr. Morrison said that the whole district was non-contiguous. Councilmember Kirk asked how many properties were along Berkley and Mr. Morrison said two. Councilmember Mabey asked which part of California Avenue protested so high and Mr. Morrison said the area between 2nd and 3rd West. Councilmember Fonnesbeck said before the final decision was made regarding the district she wanted engineering to meet with the Council.
(Q 87-4)
COMMENTS
#1. Mark Finlinson addressed the Council concerning the effective date for the rezoning of the block between 500 and 600 South and 900 and 1000 East, the site of the Dresden Place housing project. He first briefly outlined the history of the project. He explained that he acquired the property in this area three years ago and said about a year after that the City started to talk about down-zoning the area. He said he discussed preserving the “R-6” zone with building and housing and said he was encouraged to submit his plans before the down-zoning.
After he turned in the plans he found out the property was on a fault line and he had to do more studies. He said the Council gave him an extension on the rezoning ordinance postponing the downzoning of his area so he could have the faultline studied and purchase some City property as required. As a result of the fault line study he said they found out a large portion of the property was not buildable. He showed a picture of how the fault line affected his property and said his land value dropped dramatically and the fault line changed his whole project.
He requested another continuance on the downzoning ordinance for a year so he could get new plans. He said the “R-6” zone was necessary in order to fit in more units since so much of his property was lost because of the fault line. He also mentioned that a great deal of money had been spent on this project already. Councilmember Fonnesbeck said the Council would be unable to take action on this item since it was not listed on the agenda as an action item.
Larry Livingston, Council Staff, said the downzoning ordinance would take effect on April 15 and the property would automatically be rezoned to “R-5”. He said in order to extend the deadline again the Council would have to have an ordinance. He said the Council’s intent with the last extension was that there would be no more extensions. Mr. Finlinson said he had understood that he would have a chance to extend this and said he made his intentions known in the Council Office that he wanted to extend this and felt he had been misled.
He said he was trying to minimize his loss and had tried to work with the City to resolve this situation but felt there had been little cooperation and misinformation on the part of the City in his recent attempt to postpone the downzoning. Councilmember Fonnesbeck said the difference between the number of units allowed in an “R-6” zone was not that great from the number allowed in an “R-5” zone. Councilmember Bittner expressed her concern about the damage that would be done to Mr. Finlinson if he had been misinformed by the City and thought he should have every opportunity to present his intentions. Councilmember Hardwick said the Council’s intent was clear when the last extension ordinance was passed. Mr. Finlinson said he thought there were extenuating circumstances. Councilmember Fonnesbeck mentioned that an extension had been granted twice and she said in the past when an issue had been extended for a long period of time and there was little action, the Council usually referred it back through the process.
Roger Cutler, city attorney, said this item had not been noticed properly for Council action but pointed out that Mr. Finlinson might have vested rights if a substantial amount of work had been done on the project. He said Mr. Finlinson could meet with him in order to review this situation. Councilmember Stoler expressed concern about Mr. Finlinson’s position and the possibility of his vested rights. Councilmember Kirk suggested that Mr. Finlinson meet with Mr. Cutler to discuss this situation.
(P 85-242)
The meeting adjourned at 6:45 p.m.