August 11, 1987

PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH

REGULAR/BRIEFING SESSION

TUESDAY, AUGUST 11 1987

THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, AUGUST 11, 1987, AT 5:00 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. HAROWICK.

Council Chairperson Kirk presided at the meeting.

BRIEFING SESSION

Linda Hamilton, Executive Director, briefed the Council on the evening’s agenda. Council Member Fonnesbeck said she did not feel that a proposed resolution approving the construction of an aerial walkway over 100 South at Regent Street should be on the consent agenda. She said she would rather vote on the item separately thus allowing Council Members who did not support the resolution to vote against it.

Council Member Stoler asked why an ordinance amending Section 32-2-1 of the Revised - Ordinances of Salt Lake City relating to sexual intercourse for hire and lewd acts for hire was being recommended to Committee of the Whole. Roger Cutler, city Attorney, told the Council that the ordinance was being changed so that it was consistent with recent court rulings. Mr. Cutler indicated that the current ordinance was vague and he recommended that the Council adopt the proposed, better defined ordinance. The Council Members agreed that the ordinance did not need further discussion in a Committee of the Whole meeting.

Council Member Bittner expressed concern with the establishment of the Community Development Advisory Committee. Rosemary Davis, Director of Capital Planning and Programming, said that CDAC had existed for years as an ad hoc committee and the proposed ordinance would recognize CDAC as an official committee. Brian Wilkinson, Council Staff, explained that all other city boards and commissions were recognized by ordinance and the recognition of CDAC was appropriate as the members volunteered much time and effort to the city. Council Member Bittner said the ordinance allowed an individual to be appointed to CDAC if he/she was active in neighborhood organizations.

She told the Council that she felt it would be more appropriate to appoint Individuals who served on community councils to serve on CDAC. Council Member Godfrey said that some people were not involved in community councils, yet they were involved in other ad hoc neighborhood organizations and would be good CDAC members. Council Member Bittner refuted by saying that CDAC members should be ongoing neighborhood activists and therefore involved in community councils. Council Member Godfrey explained that the Council currently had no advisory or consent power on the CDAC board members and if the ordinance passed, the Council would have approval authority on all CDAC board appointments. Council Member Godfrey further said that if the Council felt a prospective appointee to CDAC was not involved enough in his/her neighborhood, then the Council could deny the appointment of such an individual. Council Member Hardwick said he felt comfortable with the ordinance as proposed and believed that it should be discussed and voted upon in the Council meeting.

Jeff Brimhall, representative of Hanifen, Imhoff Inc., briefed the Council on a possible friendly takeover of Utah Power and Light. Mr. Brimhall said that Utah Power and Light was currently entering negotiations with other power companies interested in taking over U.P. & L. operations. Mr. Brimhall suggested that the City Council may want to consider the possibility of entering into a cooperative agreement with other municipalities to accomplish a friendly takeover of Utah Power and Light.

Mr. Brimhall outlined his proposal for the Council and discussed rate differences of different power companies. He added that Utah Power and Light had been facing difficulty for some time and suggested that the Council should not think about “if” a take over would occur, but “when”. Mr. Brimhall expressed his desire to meet with Council Members individually to further discuss the proposal.

The meeting adjourned at 6:30 p.m.

THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, AUGUST 11, 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.

Mayor Palmer DePaulis, Roger Cutler, city attorney, Kathryn Marshall, city recorder, and Lynda Domino, chief deputy city recorder, were present.

Council Chairperson Kirk presided at and Councilmember Bittner conducted the meeting.

The prayer was given by police chaplain John Pentalute.

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, August 4, 1987, which motion carried, all members voted aye except Councilmember Hardwick who was absent for the vote.

(M 87-1)

PETITIONS

Petition 400-510 by James C. Ritchie.

RE: A resolution approving construction of an aerial walkway over 100 South at Regent Street.

ACTION: Councilmember Kirk moved and Councilmember Mabey seconded to adopt Resolution 110 of 1987 approving a skywalk over 100 South at Regent Street, which motion carried, all members voted aye except Councilmembers Fonnesbeck and Godfrey who voted nay and Councilmember Hardwick who was absent for the vote.

(P 87-177)

Petition 400-516 by Gene Rose/Loftus Inc.

RE: Rezoning property at 865 South 200 East from “C-3” to “C-1”.

ACTION: Councilmember Fonnesbeck moved and Councilmember Kirk seconded to adopt Ordinance 58 of 1987 amending Section 51-12-2 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to zoning and fixing of boundaries of use districts by rezoning certain property at approximately 865 South 200 East from Commercial “C-3” to Commercial “C-l”, which motion carried, all members voted aye except Councilmember Hardwick who was absent for the vote.

(P 87-131)

Legislative Action Councilmember Bittner.

RE: The request that certain properties between 1200 West Street and the Jordan River, and between the Rose Park Golf Course (approximately 1400 North), and 300 North Street and the Jordan River be rezoned from Residential “R-2” to Residential “R-1”.

ACTION: Councilmember Fonnesbeck moved and Councilmember Mabey seconded to refer this to planning and zoning for preparation of a land use data map, which motion carried, all members voted aye except Councilmember Hardwick who was absent for the vote.

(P 87-221)

DEPARTMENTAL BUSINESS

AIRPORT AUTHORITY

#1. RE: An interlocal agreement with the United States of America allowing the Air National Guard use of hangar and airport.

ACTION: Councilmember Fonnesbeck moved and Councilmember Kirk seconded to adopt Resolution 107 of 1987 authorizing the execution of an Interlocal cooperation agreement between Salt Lake City Corporation and the United States of America allowing the Air National Guard use of hangar and airport, which motion carried, all members voted aye except Councilmember Hardwick who was absent for the vote.

(C 87-447)

DEVELOPMENT SERVICES

#1. RE: A proposed ordinance relating to conditional uses in accessory buildings.

ACTION: Councilmember Fonnesbeck moved and Councilmember Kirk seconded to set a date for a public hearing to be held Tuesday, September 1, 1987, at 6:20 p.m., which motion carried, all members voted aye except Councilmember Hardwick who was absent for the vote.

(O 87-23)

FINANCE DEPARTMENT

#1. RE: The proposed increase from $2 million to $3.5 million of the authorized maximum size of the issue of Industrial Revenue Bonds for the Huish Chemical Company Manufacturing Plant project.

ACTION: Councilmember Fonnesbeck moved and Councilmember Kirk seconded to set a date for a public hearing to be held Tuesday, September 1, 1987, at 6:00 p.m., which motion carried all members voted aye except Councilmember Hardwick who was absent for the vote.

(Q 87-8)

MAYOR’S OFFICE

#1. RE: The reappointment of Stephanie Cannon to the Salt Lake City Library Board.

ACTION: Councilmember Fonnesbeck moved and Councilmember Kirk seconded to approve this reappointment, which motion carried, all members voted aye except Councilmember Hardwick who was absent for the vote.

(I 87-12)

#2. RE: The reappointment of Ralph Nielsen to the Planning and Zoning Commission.

(I 87-8)

#3. RE: The appointment of George Allen III to the Tracy Aviary Board.

ACTION: Councilmember Fonnesbeck moved and Councilmember Kirk seconded to approve this appointment, which motion carried, all members voted aye except Councilmember Hardwick who was absent for the vote.

(I 87-13)

#4. RE: The reappointments of Lloyd Siegendorf and Orson Gibb to the Urban Forestry Board.

ACTION: Councilmember Fonnesbeck moved and Councilmember Kirk seconded to approve these reappointments, which motion carried, all members voted aye except Councilmember Hardwick who was absent for the vote.

(I 87-15)

#5. RE: The appointments of Barbara Jean Ray and Ester Truitt to the Urban Forestry Board.

ACTION: Councilmember Fonnesbeck moved and Councilmember Godfrey seconded to pull these appointments from the agenda, which motion carried, all members voted aye except Councilmember Hardwick who was absent for the vote.

(I 87-15)

#6. RE: The reappointment of Edith Roberson to the Salt Lake Art Design Board.

(I 87-4)

#7. RE: An ordinance relating to the establishment of the Community Development Advisory Committee.

ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to suspend the rules and on first reading adopt Ordinance 61 of 1987 amending Title 25 of the Revised Ordinances of Salt Lake City, Utah, 1965, by adding a new Chapter 30 relating to establishment of the Community Development Advisory Committee; and on page 4 section 25-30-4, paragraph 2, delete the last sentence which says, “Using these guidelines, neighborhood groups and community-based organizations will be solicited to suggest potential appointees for each vacancy to ensure proper representation”, which motion carried, all members voted aye, except Councilmember Stoler who voted nay.

DISCUSSION: Councilmember Bittner instructed the administrative staff and the Council staff to actively pursue the Issue regarding the neighborhood council representation on this board.

(O 87-25)

#8. RE: An interlocal agreement allowing the Human Resource Management Department of Salt Lake City to provide limited personnel services to the Housing Authority of Salt Lake City.

ACTION: Councilmember Fonnesbeck moved and Councilmember Kirk seconded to adopt Resolution 109 of 1987 authorizing the execution of an Interlocal cooperation agreement allowing the Human Resource Management Department of Salt Lake City Corporation to provide, to the Housing Authority of Salt Lake City, limited personnel services including performing job recruitment; certifying job applicants; assisting in processing hiring, merit increases and benefit documents and processing payroll information concerning hours, longevity, sick leave and vacation, which motion carried, all members voted aye except Councilmember Hardwick who was absent for the vote.

(C 87-449)

POLICE DEPARTMENT

#1. RE: An ordinance relating to sexual intercourse for hire and lewd acts for hire.

ACTION: Councilmember Mabey moved and Councilmember Godfrey seconded to suspend the rules and on first reading adopt Ordinance 60 of 1987 amending Section 32-2-1 of the Revised Ordinances of Salt Lake City relating to sexual intercourse for hire and lewd acts for hire, which motion carried, all members voted aye.

(O 87-24)

PUBLIC UTILITIES

#1. RE: An interlocal agreement with Salt Lake County allowing the Salt Lake County Sheriff’s Office to provide law enforcement services for watershed areas.

ACTION: Councilmember Fonnesbeck moved and Councilmember Kirk seconded to adopt Resolution 108 of 1987 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and Salt Lake County allowing the Salt Lake County Sheriff’s Office to provide law enforcement services for watershed areas, which motion carried, all members voted aye except Councilmember Hardwick who was absent for the vote.

(C 87-448)

#2. RE: Awarding the bid and authorizing the issuance for Special Improvement District 50-1313.

ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Resolution 103 of 1987 accepting bids and adopt Resolution 105 of 1987 authorizing the issuance of $344,000 Special Assessment Bonds, Series 1987 for Salt Lake City, Salt Lake County, Utah, Special Improvement District, Public Utilities Water and Sewer No. 50-1313 dated September 1, 1987, fixing the interest rates to be borne thereby, which motion carried, all members voted aye.

(Q 86-5)

#3. RE: An ordinance relating to mandatory connections to a city sewer pipeline, refund of expenses in Salt Lake City, and return of City’s expenses.

ACTION: Councilmember Godfrey moved and Councilmember Mabey seconded to suspend the rules and on first reading adopt Ordinance 59 of 1987 amending Chapter 2 and Chapter 4 of Title 37 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, by amending Sections 37-2-12 and 37-4-20, and adding Section 37-4-21 relating respectively to mandatory connections, refund of expenses in Salt Lake City and return of City’s expenses, which motion carried, all members voted aye.

(O 87-22)

#4. RE: An ordinance relating to refund of expenses in Salt Lake City and return of City’s expenses for installation costs associated with water mains.

ACTION: Councilmember Fonnesbeck moved and Councilmember Kirk seconded to adopt Ordinance 56 of 1987 enacting Chapter 6 of Title 49 of the Revised Ordinances of Salt Lake City, 1965, by enacting Sections 49-6-76 and 49-6-76.1, relating to refund of expenses in Salt Lake City and return of City’s expenses for installation costs associated with water mains, which motion carried, all members voted aye except Councilmember Hardwick who was absent for the vote.

(O 87-21)

PUBLIC WORKS

#1. RE: Awarding the bid and authorizing the issuance for Special Improvement District 40-R-10.

ACTION: Councilmember Godfrey moved and Councilmember Mabey seconded to adopt Resolution 106 of 1987 accepting bids and adopt Resolution 104 of 1987 authorizing the issuance of $143,000 Special Assessment Bonds, Series 1987 for Salt Lake City, Salt Lake County, Utah, Special Improvement District, Concrete Replacement No. 40-R-10 dated September 1, 1987, fixing the interest rates to be borne thereby, which motion carried, all members voted aye.

(Q 86-3)

Petition 400-514 by Bruce Bell.

RE: A public hearing at 6:30 p.m. to obtain public comment concerning the request that property located at 661 East 2700 South be rezoned from Residential “R-2” to a Business “B-3” classification.

ACTION: Councilmember Mabey moved and Councilmember Godfrey seconded to close the public hearing, which motion carried, all members voted aye.

Councilmember Stoler moved and Councilmember Hardwick seconded to deny the petition, which motion carried, all members voted aye.

DISCUSSION: Vernon Jorgensen, planning director, outlined the area on a map, which is located across from Nibley Park, and said this was a request to enlarge the business zone to include the lot to the west of the existing business area. He said the property was being occupied by an advertising business which was established there in July of 1986 and said their last business license was at 1174 East 2700 South, there was no approval for a license at the new address, and there were also no permits for any remodeling which may have been done inside the building.

He said this rezoning request was opposed by the Planning Commission in keeping with the adopted Sugar House plan which called for not enlarging these types of areas. He also mentioned that the area had been recently down zoned and this change would lead to strip zoning along 2700 South. He said the petitioner raised a question about the uncertainty of the current zoning and had noted that an error was made in a legal description. He said a clerical error was detected but the legal descriptions clearly indicated the boundaries of the business zoning, which did not include the property In question.

Councilmember Godfrey asked if the petitioner would have been notified about the zoning had they taken out a permit. Mr. Jorgensen said this situation would have been caught if they had gotten a license or permit. Judy Bell, petitioner, said they bought the property through a realtor with the understanding that it was zoned “C-l”. She said they were unaware that the property was not zoned properly. She said they had a business license at their previous address and when they sent in the renewal, for their new address, they were informed about the zoning.

She said they didn’t make any structural changes to the home but put up wall paper, painted the outside, replaced the front door, and improved the landscaping. She said this was a shabby rental property and they improved it. She said the people in the apartment unit behind them were happy with the condition of the property. She said their business was small and had little traffic and said this was a noisy corner and thought it would be difficult to rent this home as a residence.

Marjorie Taylor, Eager Realty, said this property was listed as “C-l” and she sold it as it was listed. She said the property was in beautiful condition now and she didn’t think it would ever be anything but a rental property. She said the Bell’s business was small with little traffic and thought it would be less of a disturbance than a family. She also said they paid a higher price for the property because of the commercial zoning. Ken Eltinge, Sugar House Community Council, supported denial of the petition. Victor Dover, 2644 Lake Street, opposed the rezoning request and said he was concerned that changing the zoning would cause the commercial zone to spread. Councilmember Stoler said he checked with the City Attorney to find out if the Council could grant a conditional use for the Bells but found out they couldn’t.

He felt the petitioners were the victim in this case and said he would have sponsored a conditional use for the Bells but said he supported the master plan. Councilmember Fonnesbeck said the real question was whether or not the use of this property should be commercial or residential. She said the history of this area was residential but when 700 East was expanded some homes were demolished.

She was concerned that rezoning the property would continue the problem created by the expansion of 700 East. She said there were a lot of businesses that would like to be on this street because of the golf course but the land use issue was whether or not the Council wanted any business use further down the Street. She said the master plan and the recent down zoning indicated that they did not.

(P 87-148)

Petition 400-487 by Melvin Simon and Associates.

RE: A public hearing at 6:40 p.m. to obtain public comment concerning the request to lease property directly south of Trolley Square’s main building to provide access to a new service area and to purchase additional property 7 feet wide and 665 feet long along the south building line paralleling 600 South; and to consider adopting an ordinance closing a portion of the City’s right of way north of the sidewalk along 600 South Street bordering Trolley Square.

ACTION: Councilmember Mabey moved and Councilmember Hardwick seconded to close the public hearing, which motion carried, all members voted aye.

Councilmember Hardwick moved and Councilmember Mabey seconded to adopt Ordinance 57 of 1987 closing a portion of the City’s right of way north of the sidewalk on 600 South bordering Trolley Square, which motion carried, all members voted aye.

DISCUSSION: Larry Livingston, Council Staff, explained that Trolley Square developers wanted to place stair cases up from the sidewalk on 600 South into the second floor of the building as well as add display windows that would project from the building. He said in order to meet the zoning these additions needed to be on their own property so Trolley Square was proposing to purchase the seven-foot strip along the building. He said this property had been appraised by the city for $49,000 and the proposal was to sell it at market value.

Councilmember Fonnesbeck asked if the additions would interfere with the use of the sidewalk. Mr. Livingston said there was seven feet between the sidewalk and the building which was plenty of room for the display windows and he understood that the sidewalk would not be replaced and the stairways would be between the building and the sidewalk. Mr. Livingston explained that there would be six display windows on the southeast corner and on the southwest corner there would be two stair cases that would go to the upper level.

Councilmembers Hardwick and Godfrey expressed concern about the dwindling landscaping. Kenneth Rudy, petitioner, said he understood the Council’s concern about landscaping and said their landscaping department was looking at the entire center and trying to make a master plan. He explained that at the new entrance between the proposed doors would be a large planter area and in the seven-foot strip they had full intention of maintaining and maximizing the landscaping. He said they wanted to emphasize the south entrance to the building as the main entrance since three quarters of the parking was across the street.

He said landscaping was a high priority. He explained the proposed changes to the south side of the building which included two exit stair cases from the center portion of the building to the west, improvements to an existing entrance to the boiler room, and the addition of a ramp to an existing stairway to the tenants in the sub-basement in order to make it handicap accessible.

Councilmember Fonnesbeck asked where the two proposed stair cases exited from. Mr. Rudy said they would exit from cinemas. She asked if they would look like exit stairs or would this side of the building look better. Mr. Rudy said they wanted to use the typical Trolley railing to tie in but wanted the stairways to fade away and let the landscaping and the bay windows emphasize the building. He said they took this proposal to the Landmarks Committee which seemed to be excited about the changes.

Councilmember Hardwick asked if the landscape master plan would consider the entire project because he was concerned about 700 East and Mr. Rudy said it would because they were spending a lot of money on the interior and they needed to draw people in by having a nice exterior. Councilmember Hardwick said he felt good about the changes along 600 South. Councilmember Godfrey said there would still be large sections of landscaped area between the sidewalk and the building along 600 South and Mr. Rudy said most of it would be landscaped.

He said Landmarks had the same concern and they wanted landscaping around and under the stair cases. No one from the audience opposed this request. Councilmember Stoler indicated his surprise that no one from the neighborhood was at the meeting to speak against this request and Councilmember Hardwick said he had no negative feedback from the community. Councilmember Fonnesbeck said this project went through the Landmarks Committee and Planning and Zoning.

(P 87-202)

The meeting adjourned at 7:10