PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, AUGUST 13, 1985
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, AUGUST 13, 1985, AT 5:00 P.M. IN ROOM 211 CITY AND COUNTY BUILDING.
THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: RONALD WHITEHEAD THOMAS M. GODFREY GRANT MABEY ROSELYN N. KIRK SYDNEY R. FONNESBECK EDWARD W. PARKER EARL F. HARDWICK.
BRIEFING SESSION
#1. Carole Stokes briefed the Council on the evening’s agenda. Doug Carlson gave the Council more specific information concerning the two items on the agenda which dealt with grant applications for the Emergency Shelter and a task force to study the plight of the homeless.
#2. Kevin Keyes of Amtrak briefed the Council on the process Amtrak was initiating to maintain their operations in Salt Lake. The Council discussed the role they would play in the process and suggested some options for the location of Amtrak.
The briefing session adjourned at 5:55 p.m.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, AUGUST 13, 1985, AT 6:00 P.M. IN ROOM 301 CITY AND COUNTY BUILDING.
THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: RONALD WHITEHEAD THOMAS M. GODFREY GRANT MABEY ROSELYN N. KIRK SYDNEY R. FONNESBECK EDWARD W. PARKER EARL F. HARDWICK.
Mayor Palmer DePaulis, Albert Haines, chief administrative officer, Roger Cutler, city attorney, Kathryn Marshall, city recorder, and Lynda Domino, chief deputy recorder, were present.
Councilmember Mabey conducted the meeting and Council Chairperson Fonnesbeck presided at the meeting.
Pledge of Allegiance.
Approval of Minutes.
Councilmember Hardwick moved and Councilmember Whitehead seconded to approve the minutes of the Salt Lake City Council for the regular meeting held Tuesday, August 6, 1985, which motion carried, all members voting aye.
(M 85-1)
Special Recognition
#1. Councilmember Fonnesbeck read a resolution congratulating the Salt Lake Association of Community Councils on its tenth anniversary. She presented the resolution to Barry Esham, chairman of SLACC.
Councilmember Whitehead moved and Councilmember Hardwick seconded to adopt Resolution 91 of 1985, which motion carried, all members voting aye.
(R 85-1)
#2. Robert Springmeyer, Jr., and Joe Azarcon reviewed the Sister Cities Committee trip to the Far East. Mr. Azarcon, teacher at Clayton Jr. High, said the trip was a tremendous success educationally and culturally. Jeannett Madsen reported on her trip to the Philippines, Ann Barrett reported on her trip to Taiwan, and Emily Young reported on her trip to Matsomoto, Japan.
#3. Councilmember Whitehead read and presented a plaque expressing appreciation to Tom Welch for his efforts in organizing the Salt Lake City Olympics Bid Presentation and for his continuing contributions to Salt Lake City. Mr. Welch expressed his appreciation and accepted the plaque on behalf of all those involved with the bid.
PETITIONS
Petition 400-134 of 1983 by Little America Hotel Corp.
RE: An ordinance providing for the closure of Carson Street, which runs south from 400 South and is approximately 148 feet west of Main Street.
ACTION: The Council pulled this item from the agenda.
(P 84-11)
Petition 400-214 of 1984 by Norman and Miriam Hill, et al.
RE: The vacation of an alley which runs east-west between West Temple and Main Street at approximately 1960 South.
ACTION: Councilmember Whitehead moved and Councilmember Kirk seconded to schedule a public hearing for Tuesday, September 10, 1985, at 7:00 p.m. to discuss the petition, which motion carried, all members voting aye.
(P 85-146)
Petition 400-308 of 1985 by Budget Rent-A-Car.
RE: The closure of a portion of an alley located between 736 and 740 South Main Street and 733 and 759 Richards Street.
ACTION: Councilmember Whitehead moved and Councilmember Kirk seconded to schedule a public hearing for Tuesday, September 17, 1985, at 6:30 p.m. to discuss the petition, which motion carried, all members voting aye.
(P 85-147)
DEPARTMENTAL BUSINESS
ATTORNEY’S OFFICE
#1. RE: An ordinance relating to loitering.
ACTION: Councilmember Kirk moved and Councilmember Whitehead seconded to adopt Ordinance 64 of 1985 amending Section 32-1-17 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to loitering, by adding Subsection (11), which motion carried, all members voting aye.
DISCUSSION: Councilmember Fonnesbeck expressed concern because she felt the ordinance was very broad and contained abstract terminology. She said that if the ordinance was used to harass people she would bring this issue up for reconsideration. She requested that there be a report on the effectiveness of the ordinance if it was adopted. Councilmember Kirk said she had seen problems caused by loiterers at shopping malls and some shoppers were intimidated so they would not go into stores. She supported the ordinance. Councilmember Godfrey suggested that since the ordinance was broad it would be applicable to various problems.
Councilmember Hardwick said he did not feel that the intention was to use the ordinance to harass a particular segment of the community. He said that he thought there was a problem and there needed to be a vehicle to keep people moving. Councilmember Whitehead said that Salt Lake City cannot become a negative place to shop. Roger Cutler, city attorney, outlined preconditions in the ordinance which must be satisfied to establish loitering before an officer can approach a person. He indicated that this ordinance would he applicable to a person’s behavior and not their appearance.
Mayor DePaulis explained that police officers are trained on how to use ordinances and he indicated that his office would follow this ordinance through the system to ensure that it was appropriately handled. The following citizens spoke: Joseph Dillon, 369 E. 900 So., opposed the ordinance and said he did not think it would stop youths from gathering. Brian Barnard, attorney, opposed the ordinance and suggested that current laws could solve the problem. He also suggested that too much discretion would be left to police officers. Asher Atkinson, 439 E. 300 So., opposed the ordinance and suggested that it needed to be more specific. Seanvrae Robinson, 1063 N. Topaz Dr., opposed the ordinance and suggested that current laws be enforced. Bernice Cook, 1746 So. West Temple, supported the ordinance. (O 85-29)
CITY COUNCIL
#1. RE: An ordinance amending Title 25 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, by adding a new Chapter 29 to be entitled “Salt Lake City Urban Environment Board”.
ACTION: Without objection, Councilmember Mabey referred this ordinance to the Committee of the Whole for August 15, 1985.
DISCUSSION: Carole Stokes, council executive director, said that the ordinance is broad enough to allow for an urban forester and a board to be created. Mayor DePaulis mentioned that he had not had a chance to review the ordinance and wanted an opportunity to do so before it is adopted. Councilmember Fonnesbeck said she wanted to know the issues which are suggested in the SLACC ordinance. Councilmember Godfrey wanted to change any reference in the ordinance from “Urban Environment Board” to “Urban Forestry Board”. Councilmember Fonnesbeck wanted the following changes: page 2, #3, delete reference to decorative rocks; page 3, 25-29-10, remove reference to 18 years of age; page 7, #12, change to read: Whenever a vacancy occurs in the position of urban forester, the Urban Forestry Board shall designate one of its members to sit on a selection committee.
(O 85-3)
DEVELOPMENT SERVICES
#1. RE: The appropriation of $12,400 from the 11th Year Community Development Block Grant Contingency Fund for the Westside Senior Center’s Landscaping Project.
ACTION: Councilmember Whitehead moved and Councilmember Kirk seconded to approve the appropriation, which motion carried, all members voting aye.
(T 85-19)
#2. RE: A motion to authorize the Mayor to pursue a state grant to partially fund a task force to study appropriate treatment of the homeless mentally ill.
ACTION: Councilmember Parker moved and Councilmember Kirk seconded to suspend the rules and on first reading authorize the Mayor to pursue this grant, which motion carried, all members voting aye except Councilmembers Whitehead and Fonnesbeck who were absent when the vote was taken.
(T 85-21)
#3. RE: A motion allowing the Mayor to pursue a state grant to partially fund the purchase of a permanent Emergency Shelter facility.
ACTION: Councilmember Godfrey moved and Councilmember Parker seconded to suspend the rules and on first reading authorize the Mayor to pursue this grant, which motion carried, all members voting aye except Councilmembers Whitehead and Fonnesbeck who were absent when the vote was taken.
(T 85-20)
FINANCE DEPARTMENT
#1. RE: An inducement resolution for Intermountain Milk Producers Association, Industrial Revenue Bond.
ACTION: Councilmember Kirk moved and Councilmember Godfrey seconded to adopt Resolution 106 of 1985 authorizing and inducing the execution of a Memorandum of Agreement with the Intermountain Milk Producers Association regarding the issuance of Industrial Development Revenue Bonds not to exceed $8.2 million for the financing, equipping and construction of a milk processing plant with distribution facilities to be located at approximately 4370 West 1658 South and set a date for a public hearing on Tuesday, October 1, 1985, at 6:30 p.m. to discuss the issuance of said bonds, subject to the City Attorney’s review, which motion carried, all members voting aye except Councilmembers Whitehead and Fonnesbeck who were absent when the vote was taken.
DISCUSSION: Lance Bateman, finance director, said that he reviewed and approved this request but it still needs to be reviewed by the City Attorney.
(Q 85-10)
#2. RE: An inducement resolution for Commercial Club Project, Industrial Revenue Bond.
ACTION: Without objection, Councilmember Mabey referred this to the Committee of the Whole and set the date for a public hearing on Tuesday, October 1, 1985, at 6:30 p.m.
DISCUSSION: Lance Bateman, finance director, said that the full review has not been done but they wanted this on the Council agenda so that it can be approved before the state committee meets regarding allocation of funds. He said that they will review this issue and it will be ready for the committee meeting.
(Q 85-11)
MAYOR’S OFFICE
#1. RE: The Housing Advisory and Appeals Board appointments.
ACTION: Councilmember Whitehead moved and Councilmember Kirk seconded to approve the appointments of Michael Aldrich and Robert Springmeyer, Sr., which motion carried, all members voting aye.
(I 85-12)
#2. RE: The transfer of $35,000 from the General Fund Contingency to the Department of Parks and Recreation to fund the recruitment and hiring of an urban forester. Also an amendment to the city staffing document creating a new position of urban forester.
ACTION: Councilmember Parker moved and Councilmember Godfrey seconded to suspend the rules and on first reading approve the transfer of $35,000, and amend the staffing document, which motion carried, all members voting aye except Councilmember Whitehead who was absent when the vote was taken.
DISCUSSION: Albert Haines, chief administrative officer, indicated that this action would address concerns relating to the management of the shade tree program and would enhance the City’s current program. He said this would be a new program, with an impact to the budget, which would be considered a Council-approved program. Mr. Haines indicated that this action would probably not satisfy demands regarding current programs although it would provide planning and coordination. Councilmember Kirk suggested that this action may cause the current program to become more efficient thereby reducing the cost.
Carole Stokes, council executive director, said that a lot of money is currently being spent on shade trees and there needs to be assurance that the money is being spent wisely. She did not consider this a new program and said that any further appropriation would have to be approved by the Council. Mayor DePaulis said the urban forester proposal was a focal point where policy could be administered in a prudent and wise manner. Lloyd Seigendorf, 728 South 10th East, said that technical expertise is needed and he supported hiring an urban forester.
(B 85-10, O 85-15)
POLICE DEPARTMENT
#1. RE: An ordinance repealing and re-enacting Schedule 1 referred to in Section 8 of the Traffic Code of Salt Lake City, Utah, relating to the extension of the boundaries of the Central Traffic District.
ACTION: Without objection, Councilmember Mabey referred this ordinance to the consent agenda for September 10, 1985.
(O 85-32)
#2. RE: An ordinance amending Section 46-3-78 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to the use of coasters, roller skates, skateboards, etc., on public streets and sidewalks.
ACTION: Without objection, Councilmember Mabey referred this ordinance to the Committee of the Whole.
(O 85-33)
PUBLIC UTILITIES
#1. RE: A resolution authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and Utah State University to allow Utah State University laboratory to perform certain soil and plant tests and analysis on property owned by the city which is located adjacent to the city’s airport and known as the Hinckley Farm.
ACTION: Councilmember Whitehead moved and Councilmember Kirk seconded to adopt Resolution 101 of 1985 authorizing the execution of the interlocal agreement, which motion carried, all members voting aye.
(C 85-360)
#2. RE: A resolution authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and the University of Utah for the construction of a reservoir east of the University of Utah campus to service the University’s culinary water needs; and the construction of an underground water distribution system to deliver water to various distribution points on the University campus.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Resolution 103 of 1985 authorizing the execution of the interlocal agreement, which motion carried, all members voting aye except Councilmember Whitehead who was absent when the vote was taken.
(C 85-357)
PUBLIC WORKS
#1. RE: A resolution authorizing the execution of an interlocal cooperation agreement between the Utah Department of Transportation and Salt Lake City Corporation to calibrate concrete compression machine, Marshall Stability Machine and CBR Press and perform various bituminous material tests as requested, i.e., viscosity, ductility, bituminous additive, emersion and compression and perform various materials tests as requested.
ACTION: Councilmember Whitehead moved and Councilmember Kirk seconded to adopt Resolution 102 of 1985 authorizing the execution of the interlocal agreement, which motion carried, all members voting aye.
(C 85-361)
#2. RE: A resolution authorizing the execution of an amendment to the interlocal cooperation agreement between Salt Lake City Corporation and Salt Lake County for cost sharing for construction of the 1700 South Storm Drain System.
ACTION: Councilmember Whitehead moved and Councilmember Kirk seconded to adopt Resolution 104 of 1985 authorizing execution of the interlocal agreement, which motion carried, all members voting aye.
(C 84-427)
#3. RE: A resolution authorizing the execution of an amendment to the interlocal cooperation agreement between Salt Lake City Corporation and Salt Lake County for cost sharing for construction of the 2700 South Storm Drain System.
ACTION: Councilmember Whitehead moved and Councilmember Kirk seconded to adopt Resolution 105 of 1985 authorizing the execution of the interlocal agreement, which motion carried, all members voting aye.
(C 84-428)
#4. RE: A motion changing the bond sale date of Salt Lake City Special Improvement Districts 38-686, 38-723 and 38-728 from Tuesday, September 3, 1985, to Tuesday, September 10, 1985, and maintaining all other terms and conditions of the printing of the Official Statement and advertising the sale of the Special Improvement Districts as provided in the previous resolution.
ACTION: Councilmember Whitehead moved and Councilmember Kirk seconded to change the bond sale date, which motion carried, all members voting aye.
(Q 82-35, Q 82-32, Q 84-2)
PUBLIC HEARINGS
Petition 400-277-A of 1985 by Sugar House Community Council.
RE: A public hearing held at 6:30 p.m. to consider the rezoning of property located between 1300 South and 1700 South and between 700 East and 1100 East (Emerson rezoning) from various residential and business classifications to more restrictive residential classification.
ACTION: Councilmember Whitehead moved and Councilmember Kirk seconded to close the public hearing which motion carried, all members voting aye except Councilmember Fonnesbeck who was absent when the vote was taken.
Councilmember Godfrey moved and Councilmember Whitehead seconded to approve the rezoning as recommended by the Planning Commission with the exception of Price Cleaners (1617 South 900 East) which should remain “B-3”; and direct the City Attorney to prepare the necessary ordinance, which motion carried, all members voting aye.
DISCUSSION: Vernon Jorgensen, planning director, said that several years ago this area was zoned R-4 in an effort to increase housing but since that time the R-4 zoning has seemed to work against the best interests of the neighborhood. He said the Planning Commission recommended that the R-4 zoning be changed to R-2 which would permit one and two-family dwellings, but existing three and four-family dwellings would have a nonconforming status. He said that the B-3 zoning on 1100 East will not be affected but it was recommended to change the zoning of the property where Price Cleaners is located, and the adjacent property, from B-3 to R-2. The Planning Commission also recommended that a small parcel south of 1300 South on 900 East (east side) be rezoned from B-3 to R-2 and property on the northwest corner of 900 East and Logan Avenue be changed from R-4 to R-3A which is in keeping with the existing land use.
The following citizens supported the zoning change: Gene Davis, 865 Parkway Avenue, Linda Hull, 1327 South 900 East, Gayen Wharton, 1024 Ramona Avenue, Rawlins Young, 2135 South 1900 East.
The following citiznes opposed the zoning change: Bob Shiba, 902 Logan Avenue, Kenneth Dyer, 2486 East 1300 South, Gary York, 1604 South 1100 East, Joe Sagers, 2513 Dearborn Street, Roger van Frank, 1549 South 1100 East.
Councilmember Hardwick said he felt an R-2 zoning for the entire area would be in order and expressed concern about spot zoning. Councilmember Godfrey expressed his preference to keep the business area zoned B-3 and not make it nonconforming. Councilmember Whitehead expressed his concern about too many apartments disrupting a solid neighborhood.
(P 85-138)
Petition 400-217 of 1984 by George Halles.
RE: A public hearing held at 7:00 p.m. to consider the vacation of the south half of an alley located between Harrison Avenue and Cleveland Avenue and between 300 East and Blair Street.
ACTION: Councilmember Whitehead moved and Councilmember Parker seconded to close the public hearing, which motion carried, all members voting aye except Councilmember Kirk who was absent when the vote was taken.
Councilmember Whitehead moved and Councilmember Godfrey seconded to vacate the southern portion of the alley as described in the petition, which motion carried, all members voting aye.
DISCUSSION: Vernon Jorgensen, planning director, outlined the area on a map and said the Planning Commission recommended that the entire alley be vacated as long as the people on the north end are assured an access. He said that access is essential to the four-plexes at the north end. He mentioned that one owner on the south end needs access.
The following citizens spoke: George Halles, petitioner, only requested vacation of the south portion. Robert Evans, owner of 1389 South 300 East, objected to the vacation of any portion of the alley. Jolene Wayman, Harrison Avenue, objected to partial vacation and expressed concern about an increase in traffic at the north end of the alley. Albert Carr, owner of 1390 South Blair, supported the vacation. Marleau Quick, 1423 South 300 East, supported vacation of the south end of the alley. Councilmember Fonnesbeck asked if the traffic pattern would differ if the south end is closed. Mr. Jorgensen indicated that he did not think there would be an impact to the current traffic pattern.
(P 85-139)
Petition 400-322 of 1985 by Hakon Lovestad/Grant Griffin.
RE: A public hearing held at 7:15 p.m. to consider the vacation of an alley located just north of Stratford Avenue and between Douglas and 1300 East.
ACTION: Councilmember Whitehead moved and Councilmember Godfrey seconded to close the public hearing, which motion carried, all members voting aye.
Councilmember Godfrey moved and Councilmember Fonnesbeck seconded to adopt Ordinance 65 of 1985 vacating an alley between Stratford and Parkway Avenues and Douglas Street and 1300 East, which motion carried, all members voting aye.
DISCUSSION: Vernon Jorgensen, planning director, outlined the area on a map and said that all abutting property owners signed the petition.
(P 85-145)
The meeting adjourned at 9:30 p.m.