PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, APRIL 8, 1986
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, APRIL 8, 1986, AT 5:00 P.M. IN ROOM 211 CITY AND COUNTY BUILDING.
THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: FLORENCE BITTNER THOMAS M. GODFREY SYDNEY R. FONNESBECK ROSELYN N. KIRK EARL F. HARDWICK WILLIE STOLER.
Councilmember Mabey was absent. Council Chairperson Hardwick presided at the meeting.
BRIEFING SESSION
Carole Stokes, council executive director, briefed the Council on the evening’s agenda.
The briefing session adjourned at 5:55 p.m.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, APRIL 8, 1986, AT 6:00 P.M. IN ROOM 301 CITY AND COUNTY BUILDING.
THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: FLORENCE BITTNER, THOMAS M. GODFREY, SYDNEY R. FONNESBECK, ROSELYN N. KIRK, EARL F. HARDWICK, AND WILLIE STOLER.
Councilmember Mabey was absent. Mayor Palmer DePaulis, Roger Cutler, city attorney, Kathryn Marshall, city recorder, and Lynda Domino, chief deputy recorder, were present.
Council Chairperson Hardwick presided at and Councilmember Bittner conducted the meeting.
The invocation was given by Police Chaplain Randall Sawyer.
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 1, 1986, which motion carried, all members present voting aye.
(M 86-1)
Special Presentation
#1. The City Council and Mayor recognized ICI Dinkie T. Carnley of the U.S.S. Salt Lake City, SSN, as the 1985 “Sailor of the Year”. Judge David Dee introduced Petty Officer Carnley and said that he had been selected by the skipper of the ship as “Sailor of the Year”. Judge Dee indicated that this was the first year for this recognition and he hoped this would become a tradition in order to maintain contact with the U.S.S. Salt Lake City. Petty Officer Carnley thanked the Council and Mayor for this recognition and privilege. Mayor DePaulis presented a plaque to Petty Officer Carnley and indicated his appreciation for this opportunity.
(G 86-13)
PETITIONS
Petition 400-306 of 1985 by Hooper Knowlton.
RE: The annexation of a portion of the proposed Devonshire Place Subdivision at approximately 1750 South and 3000 East.
ACTION: Councilmember Kirk moved and Councilmember Stoler seconded to adopt Ordinance 31 of 1986 recognizing the adoption of Amendment 14-A to the Master Annexation Policy Declaration; extending the limits of Salt Lake City to include the Devonshire Annex; zoning the same Foothill Preservation “P-l”, by amending the Use District Map as adopted by Section 51-12-2 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended; amending Salt Lake City Council District and School Precinct Boundary Maps; and specifying conditions subsequent to said annexation, which motion carried, all members present voting aye.
DISCUSSION: Councilmember Kirk asked if any protests had been received about this annexation. Craig Peterson, director of development services, indicated that there had not.
(P 86-19)
Petition 400-318 of 1985 by Jim Jensen and Ed McKay.
RE: The vacation of an alley between Lincoln Street and 1000 East and Ramona and Hollywood Avenues.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Ordinance 29 of 1986 vacating an alley between Lincoln Street and 1000 East and Ramona and Hollywood Avenues, which motion carried, all members present voting aye.
(P 85-256)
DEPARTMENTAL BUSINESS
CITY ATTORNEY
#1. RE: An ordinance relating to dating and escort services.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Ordinance 30 of 1986 amending Sections 20-37-4 and 20-37-6 of the Revised Ordinances of Salt Lake City, Utah 1965, relating to dating and escort services, which motion carried, all members present voting aye.
(O 86-9)
CITY COUNCIL
#1. RE: The General Obligation Bond election.
ACTION: Councilmember Kirk moved and Councilmember Hardwick seconded to adopt Resolution 44 of 1986 supporting the issuance of General Obligation Bonds to fund the renovation of the Salt Lake City and County Building, and urging Salt Lake City residents to vote, which motion carried, all members present voting aye.
(R 86-1)
DEVELOPMENT SERVICES
#1. RE: The deletion of the CDBG Community Development Action Loan Project.
ACTION: Councilmember Kirk moved and Councilmember Hardwick seconded to suspend the rules and on first reading approve the deletion of the 11th Year (1985-86) CDBG Community Development Action Loan Project and the creation of a new project to continue implementation of the city’s economic development strategies, which motion carried, all members present voting aye.
DISCUSSION: John Hiskey, economic development director, indicated that initially they were considering developing a loan-type program which would be in conjunction with the SBA 503 program. He said because of federal government reductions this would not be feasible and he requested that the money be transferred so it could be used for consultant services in economic development. He indicated that the money would be used to retire the present contract with the SRI firm and then proceed with Phase II of the strategic planning effort if the Council and Mayor decided to do so.
(T 86-8)
FINANCE DEPARTMENT
#1. RE: Industrial Development Revenue Bonds for Trolley Square.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to schedule a public hearing for Tuesday, April 15, 1986, at 7:00 p.m. to obtain public Comment concerning the issuance of Industrial Development Revenue Bonds in an amount not to exceed $9,500,000 for the renovation of the 224,129 square foot ‘Trolley Barn’ and the 39,926 square foot ‘Theater Building’, plus certain parking facilities, which motion carried, all members present voting aye.
Councilmember Godfrey moved and Councilmember Kirk seconded to schedule a public hearing for Tuesday, April 15, 1986, at 7:00 p.m. to obtain public comment concerning the issuance of Industrial Development Revenue Bonds in an amount not to exceed $9,500,000 for the renovation of the 38,713 square foot ‘North Building’ and the three-level parking structure to its west, which motion carried, all members present voting aye.
Councilmember Godfrey moved and Councilmember Kirk seconded to schedule a public hearing for Tuesday, April 15, 1986, at 7:00 p.m. to obtain public comment concerning the issuance of Industrial Development Revenue Bonds in an amount not to exceed $5,500,000 for the renovation of the 4,151 square foot ‘Sand House’ and an underground parking structure, which motion carried, all members present voting aye.
(Q 86-8, Q 86-9, Q 86-10)
#2. RE: The reclassification of transportation division employees from pay class 222 to 315, 221 to 219, and 314 to 315, resulting in an estimated net increase in the base cost to the city of $3,423.00 for Fiscal Year 1986-87, and an increase of approximately $855.00 for FY 1985-86.
ACTION: This item was reviewed by the Council, no action was required.
(B 86-6)
#3. RE: The reclassification of the SID clerk in the Treasurer’s Office from pay class 211 to pay class 214, resulting in a base cost to the city of $1,184.00 for Fiscal Year 1986-87 and an increase of approximately $297.00 for FY 1985-86.
ACTION: This item was reviewed by the Council, no action was required.
(B 86-7)
#4. RE: A franchise agreement between U.S. Telecom and Salt Lake City Corporation allowing for the use of certain streets in Salt Lake City for the purpose of laying equipment to be used for telecommunications purposes.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to suspend the rules and approve the agreement on first reading, which motion failed due to a tie vote. Councilmembers Hardwick, Godfrey, and Kirk voted aye and Councilmembers Bittner, Fonnesbeck and Stoler voted nay.
Councilmember Stoler moved and Councilmember Godfrey seconded to reschedule this agreement for a Council meeting on Thursday, April 10, 1986, which motion carried, all members present voting aye.
DISCUSSION: Roger Cutler, city attorney, said that this franchise would allow U.S. Telecom, which would be in competition with Mountain Bell, to use streets to lay wires in order to complete a communication link. He said that as they negotiated this agreement the concern was that there be the same economic formula as is imposed on the telephone company. He said a formula was devised which would accommodate U.S. Telecom since they would not be billing local residences right now. He said the same percentage was devised but with a minimum fee based on a reasonable rental value of the street. He said the company would pay the higher of the sums and would provide the city with an accounting. Mr. Cutler said they would pay at least equal to Mountain Bell. Councilmember Bittner expressed concern that she had not had a chance to read this agreement and since this would impact her district, she requested time to read the agreement before it was approved. Councilmember Fonnesbeck concurred.
(C 86-154)
MAYOR’S OFFICE
#1. RE: $794,000 in general revenue sharing funds to be allocated to Salt Lake City for the 1986-87 fiscal year.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to schedule a public hearing for Tuesday, April 15, 1986, at 6:30 p.m., which motion carried, all members present voting aye.
(B 86-5)
#2. RE: Appointments to the Urban Forestry Board.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to approve the appointments of Mary Patrice Matheson, Robert Burke, Kathie Anderson, Joanne Milner, Jennifer Harrington, Peter Lassig, Orson Gibb, Milton Fullmer, and Michael Bird to the Urban Forestry Board, which motion carried, all members present voting aye.
(I 86-7)
#3. RE: Appointments to the Public Utilities Advisory Committee.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to approve the appointments of Richard Chong and Vaughn Wonnacott to the Public Utilities Advisory Committee, which motion carried, all members present voting aye.
Councilmember Godfrey moved and Councilmember Hardwick seconded to suspend the rules and on first reading approve the appointment of Paul Keyser to the Public Utilities Advisory Committee, which motion carried, all members present voting aye.
(I 86-8)
PUBLIC WORKS
#1. RE: An Interlocal agreement with the Utah Department of Transportation regarding the East Jordan Canal.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Resolution 43 of 1986 authorizing the execution of an interlocal cooperation agreement between Sal t Lake City Corporation and the Utah Department of Transportation to allow moving the East Jordan Canal to accommodate the street construction of I-215-9, which motion carried, all members present voting aye.
(C 86-153)
PUBLIC HEARINGS
Special Improvement District 1313.
RE: A public hearing at 6:00 p.m. to obtain public protests and comment arising from the Notice of Intention to create Special Improvement District No. 1313 and assessments for improvements at an estimated cost of $414,550 to construct within the district 12-inch and 7-inch main sewer pipelines and 8-inch and 6-inch water pipelines and all other miscellaneous work necessary to complete the improvements in a proper workmanlike manner.
ACTION: Councilmember Kirk moved and Councilmember Godfrey seconded to close the public hearing, which motion carried, all members present voting aye.
Councilmember Godfrey moved and Councilmember Kirk seconded to refer this to the public utilities department for tabulation of protests, which motion carried, all members present voting aye.
DISCUSSION: Bradley Vernon, Tesco American Inc., said that the terms of their lease would require them to pay the total amount of this assessment and he asked that the assessment be changed. He said that a 12-inch pipeline was going to be installed which was more than sufficient to meet their needs and he felt there were other adjacent properties which would benefit. He asked that the costs be allocated based on an assessment of all the properties that may hook up to the sewer line. He felt that for their company to pay the entire $85,200 would be an unfair burden.
Tim Doxey, public utilities, indicated that initially the area was going to require an 18-inch pipe but the size of the zone was reduced so a 12-Inch pipeline would be sufficient. Mr. Doxey said they would review this area again and he indicated that properties adjacent to Mr. Vernon had the possibility of connecting to other sewers. He said the pipeline in question would basically serve an area 300 feet north and south of Indiana Avenue but they would reconsider the flows to determine if a smaller pipe would be sufficient. Mr. Doxey said it was department policy that if a pipeline over 8 inches was required for a sewer project and would benefit properties outside the district then the public utilities department would participate in the cost. Mr. Vernon said there was a difference in cost in linear feet between a 12-inch and a 6-inch pipeline and he said if the 12-inch pipeline would not benefit any other properties then he did not feel more than a 6-inch pipeline would be required. He said he did not want to pay for a 12-inch pipeline if it wasn’t necessary. Councilmember Fonnesbeck suggested that further consideration be given to Mr. Vernon’s concerns.
(Q 86-5)
Special Improvement District 40-R-l0
RE: A public hearing at 6:00 p.m. to obtain public protests and comments arising from the Notice of Intention to create Special Improvement District No. 40-R-10 and assessments for improvements for an estimated $2,371,524 to be constructed within the district consisting of the removal and reconstruction of deteriorated curb and gutter, sidewalk and driveways and appurtenances; the removal of illegal or non-standard driveways and paved surfaces in the park strip; the replacement of asphalt surfaces outside of the traveled way with concrete surfaces; the construction of minor drainage facilities; the construction of sidewalk ramps for the handicapped; the placement of top soil and/or sod; the removal of cutback (recessed) parking area; the addition of property drains; the construction of a new curb, gutter and sidewalk where non previously existed and all other miscellaneous work necessary to complete the improvement in a proper workmanlike manner.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to close the public hearing, which motion carried, all members present voting aye.
Councilmember Kirk moved and Councilmember Godfrey seconded to refer this to city engineering for tabulation of the protests and a recommendation about restructuring the district, which motion carried, all members present voting aye.
DISCUSSION: Jerry Lyon, deputy city engineer, said that in the preliminary tabulation there was a 61% protest rate for the downtown area, a 1% protest rate for the Sherwood Drive area, a 7% protest rate for the St. Mary’s area, and a 55% protest rate for the 20th East area. Mr. Lyon said that several people in the 20th East area rescinded their protests and the current rate was 26%. Councilmember Fonnesbeck asked why the protests had been rescinded and Councilmember Kirk Indicated that initially the people did not understand about the district but after further discussion they decided it would be beneficial.
The following people spoke about this district. They generally agreed the improvements would be good but voiced specific concerns. Eric Ensign, property manager for Rick Warner, said they felt a need to control access to the dealership and were concerned about the confusion which would be caused during the construction period and the perception by the public that their property was difficult to access. He also expressed concern about the assessment which would be about $120,000 and said he didn’t know if this amount of work needed to be done at their property. Mr. Ensign also expressed concern because this proposal would eliminate the angle parking in front of the dealership which they use. Lisa Church, representing Little America, concurred with Mr. Ensign and said they felt strongly that they needed to have control over the schedule and the disruption to their business. She indicated that they did not agree with the district as proposed and said if they were considered on an individual basis it would cost less money.
Dennis Morse, Sears, Roebuck and Co., concurred with the previous comments and did not think the schedule was well conceived. He referred to the proposed removal of diagonal parking because it was considered unsafe and he indicated that he did not want to be assessed for removal of the diagonal parking around his property since it was not used. Dwayne Harris, owner of property at 8th South and Main, concurred with previous comments and opposed removal of the diagonal parking. He did not think that parallel parking was safer. He said that part of the problem with the curb and gutter was due to a leaking fire hydrant.
Blake Strong, Dave Strong Volkswagon, opposed the elimination of their diagonal parking since customers depend on this parking. He said that parallel parking would eliminate most of their parking in front of the dealership and he did not agree that parallel parking was safer since people open their car doors into the traffic. Steve Harris, Steve Harris Imports, expressed his concern about the removal of the diagonal parking. Councilmember Kirk asked if it was possible to restructure the district since the residential areas have a low protest rate and to consider the comments expressed.
Mr. Lyon said they planned to consider the overall situation and present alternatives to the Council. Councilmember Stoler expressed concern about removing all the diagonal parking which would eliminate parking for some of the businesses. Councilmember Hardwick agreed. Carole Stokes, council executive director, suggested that the engineering department provide the Council with a summary about how many diagonal parking places would be removed and how many parallel parking places would be installed. She also said that the engineering department wanted to tabulate the protests and then they would make recommendations about the district.
(Q 86-3)
Special Improvement District 38-800.
RE: A public hearing at 6:00 p.m. to obtain public protests and comments arising from the Notice of Intention to create Special Improvement District No. 38-800 and assessments for improvements for an estimated $391,800 to be constructed within the district consisting 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 necessary to complete the improvements in a proper workmanlike manner.
ACTION: Councilmember Kirk moved and Councilmember Godfrey seconded to close the public hearing, which motion carried, all members present voting aye.
Councilmember Godfrey moved and Councilmember Kirk seconded to refer this to city engineering for the tabulation of protests, which motion carried, all members present voting aye.
DISCUSSION: Jerry Lyon, deputy city attorney, said that in the preliminary tabulation there was a 14.5% protest rate. He also said there was a request from two businesses on 300 West to be included in the district. Howard Clark, Clark Learning, and Richard Gordon, Westgate Business Center, strongly supported the special improvement district. Councilmember Bittner commended these business owners for the Improvements which had been made to this area of the city. Councilmember Godfrey asked what would have to be done in order to include 300 West in the district. Roger Cutler, city attorney, said the district would have to be amended.
(Q 86-4)
The meeting adjourned at 7:20 p.m.