PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, AUGUST 6, 1985
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, AUGUST 6, 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 reviewed the evening’s agenda with the Council, indicating the items expected to inspire discussion. Councilmember Fonnesbeck indicated that as the Council is currently issuing a number of Industrial Development Revenue Bonds, she wanted the list of criteria prepared by Alice Shearer, Palmer DePaulis and herself while acting as the Financial Review Committee to be redistributed to the members.
#2. LeRoy Hooton and Wendell Evenson of the Public Utilities Department presented the Council with a slide show on Xeriscaping, a landscaping concept in which native plants are used in order to reduce water consumption.
#3. Carol Stokes and Brian Wilkinson reviewed the Council’s upcoming schedule with the members.
The briefing session adjourned at 6:00 p.m.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, AUGUST 6, 1985, AT 6:00 P.M. IN ROOM 404 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 Margaret Mitchell, deputy recorder, were present.
Councilmember Mabey conducted the meeting and Council Chairperson Fonnesbeck presided at the meeting.
Police Chaplain Clarence Fields gave the invocation.
Pledge of Allegiance.
Approval of Minutes.
Councilmember Parker moved and Councilmember Kirk seconded to approve the minutes of the Salt Lake City Council for the regular meeting held Tuesday, July 16, 1985, and the special meeting held Friday, July 26, 1985, which motion carried, all members voting aye.
(M 85-1)
Special Recognition
#1. Mayor DePaulis presented Mr. Haines and the Finance Department with the Government Finance Officers Association Certificate of Conformance in Financial Reporting. This is the fourth consecutive year that Salt Lake City has received this award. The Council recognized Gary Mumford, Dan Mule, and Elwin Neuman who prepared the report; Lance Bateman and Lupe Gibb of the Finance Department and David Lamb of Arthur Young and Company who assisted in the preparation of the report.
#2. Mayor DePaulis presented a plaque which is a replica of the plaque inside the Boeing 737 airliner that Western Airlines dedicated to Salt Lake City. This is the first airplane to be dedicated to a city.
PETITIONS
Petition 400-281 of 1985 Northwest Quadrant Phase 2 Rezoning Condas Property.
RE: The rezoning of the Condas property located at 700 South 1300 South and 4400 West to 4800 West from A-1 to M-1A.
ACTION: Councilmember Parker moved and Councilmember Godfrey seconded to change the date for a public hearing from August 13, 1985 to Tuesday, September 10, 1985 at 7:15 p.m. to discuss this petition, which motion carried, all members voting aye.
(P 85-141)
Petition 400-287 of 1985 Ellen Forney.
RE: The vacation of a right-of-way on the east side of 337 Laker Court.
ACTION: Councilmember Parker moved and Councilmember Godfrey seconded to change the date for a public hearing from August 13, 1985 to Tuesday, September 10, 1985 at 7:30 p.m. to discuss this petition, which motion carried, all members voting aye.
(P 85-142)
Petition 400-316 of 1985 by R. L. Wood.
RE: The rezoning of property located at 2016 and 2022 South 2100 East from Residential “R-2” to Residential R-4 and Business “B-3”.
ACTION: Councilmember Parker moved and Councilmember Godfrey seconded to set a date for a public hearing on Tuesday, September 10, 1985 at 6:30 p.m. to discuss this petition, which motion carried, all members voting aye.
(P 85-144)
Petition 400-322 of 1985 by Hakon Lovestad and Grant Griffins.
RE: The vacation of an alley north of Stratford Avenue and between Douglas and 1300 East Streets.
ACTION: Councilmember Parker moved and Councilmember Godfrey seconded to set a date for a public hearing on Tuesday, August 13, 1985 to discuss this petition, which motion carried, all members voting aye.
(P 85-145)
DEPARTMENTAL BUSINESS
ADMINISTRATIVE SERVICES
#1. RE: interlocal Cooperation Agreement with Salt Lake County for County to obtain a terminal and access to Circuit Court date files.
ACTION: Councilmember Parker moved and Councilmember Godfrey seconded to adopt Resolution 99 of 1985 authorizing the execution of interlocal agreement, which motion carried, all members voting aye.
(C 85-358)
CITY ATTORNEY
#1. RE: An amendment to ordinance Mo. 17A of Title 20 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to charitable and religious solicitations.
ACTION: Councilmember Parker moved and Councilmember Godfrey seconded to change the date for a public hearing from August 6, 1985 to Tuesday, September 10, 1985 at 6:45 p.m. to discuss this amendment, which motion carried, all members voting aye.
(O 85-26)
#2. RE: An amendment to Section 32-1-17 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to loitering, by adding subsection (11).
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to refer this amendment to the consent agenda for Tuesday, August, 13, 1985, which motion carried, all members voting aye.
DISCUSSION: Councilmember Mabey read a letter from the Chamber of Commerce endorsing the ordinance. Councilmember Parker said he was concerned about enforcement. Councilmember Mabey indicated that he had spoken with Chief Willoughby and the police feel this ordinance will be beneficial towards enforcement of loitering problems. Councilmember Fonnesbeck said that she was concerned with the ordinance expanding once the problem is solved. Councilmember Godfrey said that this will be beneficial in other areas of the City, such as Liberty Park. Sergeant Jim Bell, police department, said that the ordinance will assist in prosecution. Mayor DePaulis said that the ordinance will give the City the control it needs. Roger Cutler, city attorney, said that a lot of research was done and this was adapted from a circuit court example and carefully drafted so as not to be arbitrary or capricious.
(O 85-29)
CITY COUNCIL
#1. RE: Rezoning the property owned by the Ambassador Club at 145 South 500 East from its present Commercial “C-3A to a Residential “R-7”.
ACTION: Councilmember Fonnesbeck moved and Councilmember Kirk seconded to refer this issue to the Planning Commission and City Attorney for recommendation on whether “C3A” or “R-7” is the appropriate zoning in context of the master plan and zoning on the entire block, which motion carried, all members voting aye.
DISCUSSION: Councilmember Fonnesbeck said that the Council is anxious to have this block and this piece of property zoned as it should be. She said that when the original rezoning occurred it was with the idea that the primary use would be the same. Councilmember Fonnesbeck requested that the zoning of the Ambassador Club property be reviewed by the Planning Commission in context with the entire block.
Roger Cutler, city attorney, indicated that a petition must be filed in order for the Planning Commission to take any action. He said that if this is just a request for a study, then in order for the Planning Commission to act they would have to go through the whole process again. Councilmember Fonnesbeck said that they will contact the attorney’s office regarding the wording and a letter will be sent to the Planning Commission to consider appropriate zoning in context with the entire block.
(G 85-20)
DEVELOPMENT SERVICES
#1. RE: Seventh year capital improvements program for 1985-86 projects.
ACTION: Councilmember Parker moved and Councilmember Whitehead seconded to add the Warnock Avenue Park to the list for consideration at a later date, which motion carried, all members voting aye.
Councilmember Kirk moved and Councilmember Whitehead seconded to adopt the 7th year capital Improvements program, which motion carried, all members voting aye.
Councilmember Godfrey moved and Councilmember Whitehead seconded to adopt the following legislative intent, which motion carried, all members voting aye: “It is the intent of the City Council that the funds allocated for the capital improvements projects shall be reserved for such projects as specifically listed without invasion or reallocation of the funds for other purposes or needs, including but not limited to enterprise funds.
DISCUSSION: Councilmember Parker wanted the Warnock Avenue Park included on the list for capital improvements projects. He said that this has been on the list for five or six years and wanted it put on the list as an “additional need”. Arlo Nelson, Capital Planning and Programming, said that this could be put on the need list to be included in the process next year, however, no immediate action would be taken. This would keep the park on the list for consideration from year to year.
(B 85-9)
#2. RE: Allocation of CDBG contingency funds for the Westside Senior Citizens Center Landscaping Project.
ACTION: Without objection, Councilmember Mabey referred the appropriation of $12,400.00 11th year CDBG funds to the consent agenda for Tuesday, August 13, 1985.
(T 85-19)
FINANCE DEPARTMENT
#1. RE: Inducement Resolution for William K. Reagan IRB.
ACTION: Councilmember Parker moved and Councilmember Whitehead seconded to adopt Resolution 88 of 1985, authorizing and inducing the execution of a Memorandum of Agreement with William K. Reagan, regarding the issuance of Industrial Development Revenue Bonds not to exceed $2,000,000.00 and set a date for a public hearing on Tuesday, September 10, 1985 at 7:35 p.m. to discuss the issuance of said bonds, subject to city attorney approval, and require a Waiver of Protest from Reagan for future adjacent public improvements, which motion carried, all members voting aye.
DISCUSSION: Lance Bateman, finance director, said that this is an inducement resolution which the committee endorses and that it is to be sent to the state tomorrow. Mr. Peterson recommended that the Council require a Waiver of Protest for any future adjacent public improvements.
(Q 85-7)
#2. RE: Inducement Resolution for Fuller Building Association IRB.
ACTION: Councilmember Kirk moved and Councilmember Parker seconded to adopt Resolution 89 of 1985, relating to the issuance of up to $2,800,000.00 in principal amount of Industrial Development Revenue Bonds of Salt Lake City, salt Lake County, Utah, for Fuller Building Associates and set a date for a public hearing on Tuesday, September 10, 1985 at 7:40 p.m. to discuss issuance of said bonds, subject to approval by the city attorney, which motion carried, all members voting aye.
DISCUSSION: Steve Ostler, Blair Company, said that the primary tenant will be United Way. He said that they wish to provide a low rent base with stable ownership and the IRB will make this possible.
(Q 85-8)
#3. RE: Inducement Resolution for H.S. Limited IRB (Pierpont Limited, Old Salt Lake High School).
ACTION: Councilmember Fonnesbeck moved and Councilmember Hardwick seconded to adopt Resolution 96 of 1985, the intention to issue Industrial Development Revenue Bonds of Salt Lake City, Salt Lake County, Utah for H.S. Limited (Pierpont Limited) and set a date for public hearing on Tuesday, September 17, 1985 at 6:45 p.m. to discuss the issuance of said bonds, subject to approval by the city attorney, which motion carried, all members voting aye.
DISCUSSION: John Williams said that the company is now H.S. Limited since the Pierpont name was not available. He said that half of the office space is leased and the main floor is leased to Gastronomy. He said that this is an historical register building and this IRB will create 200 new jobs and be good support in the hotel district.
(Q 85-9)
#4. RE: Amendment to Section 43-6-1 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, by increasing taxi rates to $1.25 per flag drop and $0.10 per 1/15 mile.
ACTION: Councilmember Parker moved and Councilmember Godfrey seconded to set a date for a public hearing on Tuesday, September 17, 1985 at 6:50 p.m. to discuss this amendment, which motion carried, all members voting aye.
Councilmember Whitehead moved and Councilmember Mabey seconded to rescind the above action and refer this item to the Finance Department and City Attorney’s office for appointment of a hearing examiner who will submit findings of fact and recommendations to the Council, which motion carried, all members voting aye.
DISCUSSION: Roger Cutler requested that the Council reconsider holding the hearing and requested the City to hire a Public Service Commissioner to hear the matter. He said that once the Council has the recommendations from the hearing commissioner they could then hold a hearing upon the recommendations.
(O 85-30)
OFFICE OF THE MAYOR
#1. RE: Appointments of Michael Aldrich and Robert Springmeyer, Sr. to the Housing Advisory and Appeals Board.
ACTION: Without objection, Councilmember Mabey referred these appointments to the consent agenda for Tuesday, August 13, 1985.
(I 85-12)
#2. RE: Appointment of David Handley to the Public Utilities Advisory Board.
ACTION: Councilmember Parker moved and Councilmember Godfrey seconded to approve the appointment of David Handley, which motion carried, all members voting aye.
(I 85-13)
POLICE DEPARTMENT
#1. RE: Interlocal Cooperation Agreement with the State of Utah and Utah State Circuit Court Administrator to provide security in the Fifth Circuit Court Building.
ACTION: Councilmember Parker moved and Councilmember Godfrey seconded to adopt Resolution 97 of 1985 authorizing the execution of the interlocal agreement, which motion carried, all members voting aye.
(C 85-356)
PUBLIC UTILITIES
#1. RE: Interlocal Cooperation Agreement with Utah Sate Department of Administrative Services to supply water to the Utah State Board of Health Building.
ACTION: Councilmember Parker moved and Councilmember Godfrey seconded to adopt Resolution 98 of 1985, authorizing the execution of the interlocal agreement, which motion carried, all members voting aye.
(C 85-355)
#2. RE: Interlocal Cooperation Agreement with the University of Utah for construction of a reservoir east of the campus.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to pull this item from the agenda, which motion carried, all members voting aye.
(C 85-357)
#3. RE: Interlocal Cooperation Agreement with Utah Department of Transportation for construction of a water supply utility line within the right of way of State Highway U-186.
ACTION: Councilmember Parker moved and Councilmember Godfrey seconded to adopt Resolution 100 of 1985, authorizing the execution of the interlocal agreement, which motion carried, all members voting aye.
(C 85-359)
#4. RE: Amendment to Chapter 11 of Title 49, providing for reimbursement to persons sustaining loss from sewer and water main breaks or backups.
ACTION: Councilmember Whitehead moved and Councilmember Godfrey seconded to amend Sec. 49-11-6(1) to read “$2,000 per application or location” and Sec. 49-11-6(2) to read “$20,000 per incident”, which motion carried, all members voting aye.
Councilmember Whitehead moved and Councilmember Godfrey seconded to adopt Ordinance 60 of 1985, No-fault Utility Claims, which motion carried, all members voting aye.
DISCUSSION: Councilmember Whitehead said that this ordinance will allow public utilities to apply through the attorney’s office for funds to reimburse people for sewer or watermain breaks or backups. Roger Cutler said the present ordinance is written so that the City is not liable for these incidents and the attorney’s office legally must deny any claims. Mr. Cutler urged adoption of the ordinance and said that it will allow for payment regardless of fault for minor situations that arise three or four times per year. He said the Council could change the amounts ($1,500 per location/$15,000 per incident) if they felt more money should be allocated.
(O 85-31)
PUBLIC WORKS
#1. RE: Special Improvement District No. 38-723, miscellaneous streets curb and gutter replacement.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to correct the amount on the agenda from $836,000 to $221,000 and to approve the Official Notice of Bond Sale and the Official Statement for the $221,000 Special Assessment Bonds, Series 1985, Special Improvement District No. 38-723, which motion carried, all members voting aye.
(Q 82-32)
#2. RE: Special Improvement District No. 38-681, 1300 South from 200 East to 400 West.
ACTION: Councilmember Godfrey moved and Councilmember Parker seconded to adopt Resolution 94 of 1985 authorizing the issuance and confirming the sale of $76,000 Special Assessment Bonds, Series 1985, Special Improvement District, Curb and Gutter No. 38-681, which motion carried, all members voting aye.
Councilmember Parker moved and Councilmember Godfrey seconded to adopt Resolution 95 of 1985 confirming the sale and award of $76,000 of Special Assessment Bonds Series 1985, Curb and Gutter No. 38-681 to Prudential Bache at the net effective interest rate of 9.276, which motion carried, all members voting aye.
(Q 82-34)
#3. RE: Special Improvement District No. 38-686, 1300 South, 700 East to 1300 East.
ACTION: Councilmember Godfrey moved and Councilmember Parker seconded to approve the Official Notice of Bond Sale and the Official Statement for the $104,000 Special Assessment Bonds, Series 1985, Special Improvement District No. 38-686, which motion carried, all members voting aye.
(Q 82-35)
#4. RE: Special Improvement District No. 38-708, improvements in the Sugar House Business District.
ACTION: Councilmember Whitehead moved and Councilmember Kirk seconded to adopt Resolution 92 of 1985 authorizing the issuance and confirming the sale of $836,000 Special Assessment Bonds, Series 1985, Special Improvement District, Curb and Gutter No. 38-708, which motion carried, all members voting aye.
Councilmember Whitehead moved and Councilmember Parker seconded to adopt Resolution 93 of 1985 confirming the sale and award of $76,000 of Special Assessment Bonds Series 1985, Curb and Gutter No. 38-708 to Prudential Bache at the net effective interest rate of 8.748, which motion carried, all members voting aye.
(Q 83-3)
#5. RE: Special Improvement District No. 38-728, Main Street Improvements.
ACTION: Councilmember Godfrey moved and Councilmember Parker seconded to correct the amount on the agenda from $221,000 to $80,000 and to approve the Official Notice of Bond Sale and the Official Statement for the $80,000 Special Assessment Bonds, Series 1985, Special Improvement District No. 38-728, which motion carried, all members voting aye.
(Q 84-2)
PUBLIC HEARINGS
IRB Holland Equipment.
RE: A public hearing held at 6:25 p.m. to consider an Industrial Revenue Bond for Holland Equipment.
ACTION: Councilmember Godfrey moved and Councilmember Parker seconded to close the public hearing, which motion carried, all members voting aye.
Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Resolution 90 of 1985, subject to approval by the city attorney, to issue Industrial Development Revenue Bonds and authorizing the execution of a Memorandum of Agreement for Holland Equipment Company, which motion carried, all members voting aye.
DISCUSSION: Jim Birch, Chapman & Cutler, and Gordon Jensen, president of Holland Equipment were present. Mr. Birch said that this would be used for an extension to an existing building and for the manufacture of snow removal equipment, and up to six additional buildings for industrial, warehousing and research purposes.
(Q 85-6)
Petition No. 400-275 of 1985 by Gaddis Investments.
RE: A public hearing held at 6:30 p.m. to discuss the requested vacation of two general utility easements and a railroad easement located on Lot 8, Berkeley Industrial Park No. 2 subdivision.
ACTION: Councilmember Kirk moved and Councilmember Parker seconded to close the public hearing, which motion carried, all members voting aye.
Councilmember Parker moved and Councilmember Whitehead seconded to adopt Ordinance 63 of 1985, vacating two general easements and one railroad easement on Lot 8, Berkeley Industrial Park No. 2 Subdivision, which motion carried, all members voting aye.
DISCUSSION: Doug Knight, Gaddis Investment, said that public utility easements run around the perimeter of every lot in the entire subdivision the railroad easement is non-exclusive and requested that they be vacated.
(P 85-140)
Petition 400-321 of 1985 by Historic Landmark Committee.
RE: A public hearing held at 6:45 p.m. to discuss the appeal of the Planning Commission’s decision to allow angled parking at 220-222 South Temple within the South Temple Historic District.
ACTION: Councilmember Kirk moved and Councilmember Godfrey seconded to close the public hearing, which motion carried, all members voting aye.
Councilmember Godfrey moved and Councilmember Parker seconded to delay a decision on this matter until the development and completion of a South Temple Master Plan, which motion carried, all members voting aye.
DISCUSSION: Dr. Henry Whitesides and Stuart Loosli, Landmarks Committee, spoke in favor of eliminating the parking completely. Dr. Whitesides said that the city engineer’s proposal for this area was to improve the existing curb. Because this is an historic district, and according to past policy for this street, the Landmarks Committee recommended elimination of the parking completely and felt that parallel parking would be an undesirable solution. They requested that if the Council cannot recommend no parking, the decision be delayed for a year until the Master Plan is complete. A list of key points of the Landmarks Committee is on file in the City Recorder’s Office. Craig Peterson, development services director, did not object to postponing a decision for one year. The Council discussed the effects on the businesses in the area and felt that it would be best to delay any decision until the completion of a Master Plan.
(C 85-18)
Demolition Fees
RE: A public hearing held at 7:15 p.m. to discuss adoption of an ordinance amending Chapter 8 of Title 5 relating to fees and requirements for demolition permits.
ACTION: Councilmember Fonnesbeck moved and Councilmember Kirk seconded to close the hearing, which motion carried, all members voting aye.
Councilmember Fonnesbeck moved and Councilmember Whitehead seconded to refer the ordinance to the Committee of the Whole for Thursday, August 8, 1985, and back on the agenda for Tuesday, September 10, 1985, which motion carried, all members voting aye.
DISCUSSION: Albert Blair, Building & Housing, said that that the ordinance has three parts. The first is a fee change to square foot size rather than height, residential, commercial or industrial and a fee increase. The second part of the ordinance allows a pre-demolition salvage permit and fee. The third part of the ordinance deals with re-use of the land. A demolition permit would not be issued for a building of five or more units unless there is a plan showing reuse of the property. A landscape plan with a performance bond would be required to insure the re-use of the land. Councilmember Mabey had concerns about the landscaping requirements. Mr. Blair said that only five units or more would be required to submit a landscape plan. Councilmember Hardwick had concerns about people getting their demolition permits one at a time. Councilmember Whitehead said that the purpose is to prevent buildings being demolished and weed patches left. Councilmember Fonnesbeck said that green spaces are better than weed patches and perhaps the mayor could grant exceptions for smaller areas. Mr. Blair said that he wanted this to be reviewed by the Housing Advisory and Appeals Board prior to adoption. Councilmember Hardwick said that he hoped this ordinance would curtail demolition in the low income areas and submitted some changes to Sec. 5-8-2(b)(11) [on file in the City Recorder’s Office). Mr. Blair gave some comparisons on the fee schedule - the Newhouse fee was $800 and under the proposed schedule would be $2,800; the Medical Arts Building fee was $440 and under the proposed schedule would be $1,600. Bernice Cook said that she wanted to see the fees increase enough so that clean up of the property is insured after the demolition.
(O 85-25)
CITIZEN COMMENTS
#1. Sandra Ortiz, Assist, Inc., requested Council support for a pilot program entitled “Assist A House” to help people buy and restore homes. She requested approximately $15,000 to $20,000. Councilmember Mabey requested that the Mayor’s staff review the request and possible funding sources and make a recommendation to the Council.
The meeting adjourned at 8:45 p.m.