PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
REGULAR/BRIEFING SESSION
TUESDAY, AUGUST 12, 1986
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, AUGUST 12, 1986, AT 5:00 P.M. IN ROOM 211 CITY AND COUNTY BUILDING.
THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: GRANT MABEY ROSELYN N. KIRK EARL F. HARDWICK WILLIE STOLER THOMAS M. GODFREY.
Councilmembers Fonnesbeck and Bittner were absent.
Council Chairperson Hardwick presided at the meeting.
BRIEFING SESSION
Christine Richman briefed the Council on the evening’s agenda including specific information concerning item D-11 regarding the Salt Lake/Jordan Canal. Representatives of Superior Ice Company briefed the Council on the details of their Industrial Revenue Bond request, including the number of jobs to be created arid the amount of business to be generated in Salt Lake City.
Representatives of Tesco American, Inc. briefed the Council on the details of their Industrial Revenue Bond request. They indicated that the facility they would purchase with the funds would prevent a move of their manufacturing division to Idaho or California. Larry Livingston also briefed the Council on stipulations Vern Jorgenson, planning and zoning director, wanted to be included in the motion concerning the two IRB requests including landscape and set-back requirements.
The briefing session adjourned at 5:55 p.m.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, AUGUST 12, 1986, AT 6:00 P.M. iN ROOM 301 CITY AND COUNTY BUILDING.
THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: GRANT MABEY ROSELYN N. KIRK EARL F. HARDWICK WILLIE STOLER THOMAS M. GODFREY.
Councilmembers Fonnesbeck and Bittner were absent.
Mayor Palmer DePaulis, Roger Cutler, city attorney, Doc Kivett and Margaret Mitchell, deputy recorders, were present.
Council Chairperson Hardwick presided at and Councilmember Godfrey conducted the meeting.
Pledge of Allegiance.
Approval of Minutes.
Councilmember Kirk moved and Councilmember Mabey seconded to approve the minutes of the Salt Lake City Council for the regular meetings held Tuesday, August 5, 1986, and Thursday, August 7, 1986, which motion carried, all members present voting aye.
(M 86-1)
Special Presentation
The Council and Mayor presented the Great Salt Lake Country’s “Tourism Ambassador of the Month” award for August to Mr. Dave Fullmer of the Historic Temple Square Public Relations Office. Mayor DePaulis said that Mr. Fullmer was third recipient of this award and was being recognized for his great contribution to the City. Mr. Fullmer said that he was very proud of the City and said that due to efforts such as cleaning and washing the streets after the July 24th parade Salt Lake City was very attractive and easy to sell.
(G 86-22)
PETITIONS
Petition 400-277 of 1985 by the Sugar House Community Council.
RE: Rezoning properties on the north side of Stringham Avenue between 500 East and 600 East from Residential “R-4” to Residential “R-2”.
ACTION: Councilmember Mabey moved and Councilmember Kirk seconded to adopt Ordinance 72 of 1986, which motion carried, all members present voting aye.
(P 86-8)
Petition 400-427 of 1986 submitted by North Salt Lake and Michael T. McCoy.
RE: Requesting Salt Lake City to adjust its corporate boundaries so that eighty acres of property owned by North Salt Lake, which are within Salt Lake City limits, be annexed to North Salt Lake.
ACTION: Councilmember Mabey moved and Councilmember Kirk seconded to set a public hearing date of Tuesday, September 2, 1986, at 6:45 p.m. to obtain public comment concerning this petition, which motion carried, all members present voting aye.
(P 86-204)
DEPARTMENTAL BUSINESS
ATTORNEY’S OFFICE
#1. RE: An ordinance repealing and re-enacting Section 51-6-8 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to public utilities in residential and “P-1” districts; providing for the creation of a telecommunication site and providing for the conditions associated with the use thereof.
ACTION: Councilmember Kirk moved and Councilmember Hardwick seconded to adopt Ordinance 70 of 1986, which motion carried, all members present voting aye.
(O 86-27)
DEVELOPMENT SERVICES
#1. RE: Allocation of $33,500.00 from 12th year (1986-87) Community Development Block Grant contingency funds to initiate a new security lock program to be administered through Neighborhood Housing Services.
ACTION: Councilmember Mabey moved and Councilmember Stoler seconded to table this item until September 2, 1986, which motion carried, all members present voting aye.
DISCUSSION: Mayor DePaulis said that the proposals from NHS, Redevelopment Agency and Assist, Inc. had been reviewed and they recommended that NHS receive the lock program. The administrative cost for the program through NHS would be $5,900.00. He said, however, that Chief Willoughby indicated that if the program stayed with Crime Prevention less money would go for administrative costs and more to the locks than NHS had proposed. Stephanie Loker, capital planning and programming, said that the Council approved the CDBG budget in May and put the $33,500.00 into contingency and directed the administration to get proposals from NHS, Redevelopment and Assist. She said that she had proposals and budgets from the three agencies.
The Council had not requested a proposal and budget from Crime Prevention and had indicated that the program be removed from Crime Prevention. Mayor DePaulis said changes had been made within the Crime Prevention Unit and that the program would be administered differently. Ms. Loker indicated that Crime Prevention would be requested to submit a budget prior to September 2, 1986.
(T 86-22)
#2. RE: An Interlocal Cooperation Agreement with the State of Utah, Department of Social Services Division of Mental Health to provide appropriate treatment of the homeless mentally ill, to carry the task force recommendations to policy and decision makers throughout the state.
ACTION: Councilmember Mabey moved and Councilmember Kirk seconded to adopt Resolution 104 of 1986, authorizing the execution of this agreement, which motion carried, all members present voting aye.
(C 86-446)
#3. RE: An Interlocal Cooperation Agreement with Salt Lake County providing for joint funding of the Salt Lake/Jordan Canal project and Odyssey House Rehabilitation project from Community Development Block Grant Funds.
ACTION: Councilmember Kirk moved and Councilmember Mabey seconded to adopt Resolution 105 of 1986, striking the language “Salt Lake/Jordan Canal project and”, approving joint funding for Odyssey House from CDBG funds, which motion carried, all members present voting aye.
Councilmember Mabey moved and and Councilmember Kirk seconded to direct the administration to resubmit the Interlocal Cooperation Agreement for Salt Lake/Jordan Canal project on September 2nd with CDBG proposals, which motion carried, all members present voting aye.
Councilmember Mabey moved and Councilmember Kirk seconded to reconsider the action taken on this item, which motion carried, all members present voting aye.
Councilmember Kirk moved and Councilmember Mabey seconded to adopt Resolution 105 of 1986, as originally submitted, approving joint funding for the Salt Lake/Jordan Canal project and the Odyssey House Rehabilitation project, which motion carried, all members present voting aye.
DISCUSSION: Stephanie Loker said she had not been in contact with County Community Development. The administration felt the Salt Lake/Jordan Canal project was important and should be constructed. This agreement, for $65,000.00 ($35,000 city funds and $30,000 county funds), would mean that a portion of the project could be constructed. Ms. Loker said that the city engineer felt that it might be possible to have the entire project designed and completed this fall and the City could then request reimbursement from the County for their remaining half of the funding.
Councilmember Godfrey said he had concerns about the City’s liability if only half the project was constructed. Ms. Loker said she could prepare a letter for Council signature to the County CDBG requesting the other half of the funding and request an answer by August 30, 1986. The Council indicated they would like a commitment from the County on the other half of the funding. Mayor DePaulis said that if the Council determined not to do the project unless the entire project was constructed, then the City would lose the County portion for any of the project.
Ms. Loker recommended that the City construct the entire project at this time using the joint $65,000 and the City’s $70,000.00 extra CD money, requesting the County to agree with this for HUD. It was then determined that the Council should go ahead with the first half of the project as presented and request that negotiations continue for the other half of the funds from the County. Ms. Loker explained that the project was along the City boundary and when it floods it affected 40 city and county residents. She also said that this was an area that would probably be annexed to the City in the future. Councilmember Hardwick said that he had a hard time accepting responsibility for the flooding in Salt Lake City when the County and the State were responsible for that area. He said he was not against sharing the cost, he just wanted commitment from the County. Mayor DePaulis explained the water and irrigation rights involved in this area. Ms. Loker explained that the problems stemmed from the fact that County Flood Control money had become tied up with the 1983 flood and bonding issues.
(C 86-447)
FIRE DEPARTMENT
#1. RE: An Interlocal Cooperation Agreement with West Valley City to allow Salt Lake City Fire Central Dispatch to provide dispatch services for West Valley City Fire.
ACTION: Councilmember Mabey moved and Councilmember Kirk seconded to adopt Resolution 106 of 1986, authorizing the execution of this agreement, which motion carried, all members present voting aye.
(C 84-517)
#2. RE: An Interlocal Cooperation Agreement with Midvale City Fire Department amending the previously executed Interlocal Cooperation Agreement providing fire and rescue dispatch services between Salt Lake City and Midvale City.
ACTION: Councilmember Mabey moved and Councilmember Kirk seconded to adopt Resolution 107 of 1986, authorizing the execution if this agreement, which motion carried, all members present voting aye.
(C 85-25)
#3. RE: An Interlocal Cooperation Agreement with Riverton City Fire Department amending the previously executed Interlocal Cooperation Agreement providing fire and rescue dispatch services between Salt Lake City and Riverton City.
ACTION: Councilmember Mabey moved and Councilmember Kirk seconded to adopt Resolution 108 of 1986, authorizing the execution of this agreement, which motion carried, all members present voting aye.
(C 86-448)
MAYOR’S OFFICE
#1. RE: The reappointment of John Gisler to the Civil Service Commission Board.
ACTION: Councilmember Mabey moved and Councilmember Kirk seconded to approve the reappointment of John Gisler to the Civil Service Commission Board, which motion carried, all members present voting aye.
(I 86-9)
#2. RE: The appointment of Lois Brown to the Housing Advisory and Appeals Board.
ACTION: Councilmember Mabey moved and Councilmember Kirk seconded to approve the appointment of Lois Brown to the Housing Advisory and Appeals Board, which motion carried, all members present voting aye.
(I 86-17)
#3. RE: The appointments of Kip Harris and Stephen Goldsmith to the Art Design Board.
ACTION: Councilmember Mabey moved and Councilmember Kirk seconded to approve the appointments of Kip Harris and Stephen Goldsmith to the Art Design Board, which motion carried, all members present voting aye.
(I 86-20)
#4. RE: Community Development Block Grant additional funds.
ACTION: Councilmember Mabey moved and Councilmember Kirk seconded to set a date for a public hearing to be held on Tuesday, September 2, 1986, at 7:00 p.m. to obtain public comment concerning the appropriation of an additional $656,000 to Salt Lake City from the U.S. Department of Housing and Urban Development for Salt Lake City’s 12th year Community Development Block Grant entitlement thereby increasing the grant by 20% for a total of $3,845,000, which motion carried, all members present voting aye.
(T 86-9)
PUBLIC HEARINGS
Superior Ice.
RE: A public hearing at 6:00 p.m. concerning the issuance of Industrial Revenue Bonds for Superior Ice - Hygia Project.
ACTION: Councilmember Mabey moved and Councilmember Stoler seconded to close the public hearing, which motion carried, all members present voting aye.
Councilmember Mabey moved and Councilmember Hardwick seconded to adopt Resolution 109 of 1986, authorizing and inducing the execution of a memorandum of agreement with Superior Ice Company, a Utah Corporation, or its designee, in connection with the issuance of Industrial Development Revenue Bonds in an amount not to exceed $850,000 for a commercial project and related matters, subject to city attorney approval and the conditions outlined in the letter submitted by planning and zoning, which motion carried, all members present voting aye.
DISCUSSION: Lance Bateman, finance director, said that the administration considered this a very good project and said it was the kind of project and in an area the city wanted improved. Councilmember Kirk asked how much money was still available from the State and was told that there was a $40 million balance for IRB5. No one from the audience addressed this issue.
(Q 86-15)
Tesco American IRB.
RE: A public hearing at 6:00 p.m. concerning the issuance of Industrial Revenue Bonds for Tesco American.
ACTION: Councilmember Kirk moved and Councilmember Mabey seconded to close the public hearing, which motion carried, all members present voting aye.
Councilmember Mabey moved and Councilmember Stoler seconded to adopt Resolution 110 of 1986, authorizing and inducing the execution of a memorandum of agreement with Tesco American, Inc., a Utah Corporation, or its designee, in connection with the issuance of Industrial Development Revenue Bonds in an amount not to exceed $1,500,000 for acquiring, renovating and refurbishing a manufacturing and production facility, and related matters, subject to city attorney approval and the conditions outlined in the letter submitted by planning and zoning, which motion carried, all members present voting aye.
DISCUSSION: Lance Bateman, finance director, said that this was an existing company wishing to expand and the administration recommended approval.
(Q 86-16)
Petition 400-399 of 1986 submitted by Robert Willoughby.
RE: A public hearing held at 6:30 p.m. to obtain public comment concerning vacation of a portion of an alley located adjacent to Robert Willoughby’s home at 759 Jeremy Street.
ACTION: Councilmember Mabey moved and Councilmember Stoler seconded to close the public hearing, which motion carried, all members present voting aye.
Councilmember Mabey moved and Councilmember Stoler seconded to approve the vacation of the west half of an alley running from Jeremy Street east to 8th West, and direct the city engineer and city attorney to generate quit claim deeds granting mutual easements for abutting owners on the vacated alley to retain the right to travel the alley, and the property owners to pay the cost of quit claim deed, which motion carried, all members present voting aye.
DISCUSSION: Larry Livingston, council office staff member, pointed out the alley on a map and explained that 4 of the 5 abutting property owners had signed the petition. He said three were not owners-of-record, but may be contract buyers. He said that planning and zoning had recommended vacation subject to the standard easements.
Robert Willoughby, petitioner, said that people who use the alley cause a disturbance because of drugs, fights, peeping toms, etc. and the property owners would like the alley closed. Councilmember Godfrey asked if the alley was necessary for access to the property of anyone abutting the alley. Mr. Willoughby pointed out his property and said that he would use the alley for access. He said that the property owners wanted to put a fence at the back end of the alley, on the “T”.
Roger Cutler, city attorney, explained private third party easements and indicated that if the neighbors were not all in agreement this could cause a neighborhood dispute, however, abutting property owners would still have the right to traverse the alley. He said that this would not be recorded and the neighbors should get a deeded easement among themselves to avoid problems.
Mr. Cutler said that it would be possible to close the alley and sell the property to Mr. Willoughby, however, the Mayor would have to review this. He said that the neighbors may object and may want their portions of the alley. He said another option would be to close the alley and generate quitclaim deeds to the abutting property owners subject to the easement in favor of the two properties at the end of the alley. Mr. Cutler said that his office would generate the deeds if the city engineer would provide the legal descriptions.
Mr. Cutler said that the property owners should pay out-of-pocket costs to generate the deeds. He also said that should the neighbors not agree or should they object to the conditions, the issue should be brought back to the Council to determine if the alley should be closed to public use or remain open as a public alley.
Councilmember Godfrey pointed out that development services recommended approval upon the condition that high-back curb and gutter be installed. The property owners indicated that they would need the alley for access whether or not the City closed the alley for public use. The Council indicated that the highback curb recommended by development services would not be required since access into the alley by property owners would still exist.
Francis Proctor said that he was the owner of the property at 759 Jeremy Street and was in favor of the alley being closed to the public. He said that this property and his aunt’s property at the end of the alley would require access. He said he wanted the fence at the back of the alley to block off the public, however, wanted the alley open at the Street for use as a driveway by the abutting property owners to get to their garages. Floyd and Diane Nash, 262 Browning, indicated that they own property at the other end of the block and asked if the entire alley through the block would be closed. They were told that only a portion of the alley was being considered at this time. Mr. David Allen, 739 Jeremy Street said that he had no objection to this, however, if the other end of the alley was to be closed he would have no access to his garage.
(P 86-168)
The meeting adjourned at 7:10 p.m.