December 3, 1985

 

PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH

TUESDAY, DECEMBER 3, 1985

 

THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, DECEMBER 3, 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. HAROWICK.

 

Council Chairperson Fonnesbeck presided at the meeting.

 

BRIEFING SESSION

 

#1. Carole Stokes briefed the Council on the evening’s agenda. Councilmember Mabey reviewed the reasons for the staff recommendation on item number F-1 regarding the Buena Vista rezoning. The Council discussed the proposed Housing Authority Bond Issue and the process which would be put in place if the Council decided to approve a down-scaled version of the project. Carole Stokes indicated that the requesting party for item number G-3 had decided to postpone action on that Industrial Revenue Bond until 1986.

 

#2. Steven W. Allred and Marianne Hodges, City lobbyists, briefed the Council on proposed legislation for the 1985-86 session. They indicated that a number of the items related to City/County relations, including the question of the status of the franchise tax. Councilmember Godfrey asked if the City was in conflict with the position the Utah League of Cities and Towns was taking on any of the issues. Mr. Allred indicated that the City was not in direct conflict with the League although City lobbyists would be concentrating their efforts in different areas of concern.  Mr. Allred said that the City hoped to concentrate on convincing the legislature to allow the City to control its own sources of revenue in an effort to force a re-examination of funding sources in the interest of taking the burden off of property owners.

 

Mr. Allred presented the Council with a list of issues that the administration wanted to be dealt with in the legislature but which the lobbyists felt needed additional input from the Council. Councilmember Fonnesbeck mentioned that she had some concerns about the issue which would curb the powers of the Council in relation to the appointment of members to the Metropolitan Water Board and the issue regarding the requirement of Council authorization for the execution of Interlocal Cooperation Agreements. It was decided to reserve these two issues, along with an issue concerning the City Prosecutor’s office, for further discussion and present the remainder as the City’s package later in the week.

 

The briefing session adjourned at 5:55 p.m.

 

THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, DECEMBER 3, 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.

 

Council Chairperson Fonnesbeck presided at and conducted the meeting.

The invocation was given by Police Chaplain Allen Roden.

 

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 Oath of Office Ceremony held Monday, November 18, 1985, and for the regular meeting held Tuesday, November 19, 1985, which motion carried, all members voting aye.

(M 85-1)

 

Special Presentation

 

#1. Roger Livingston, chief deputy attorney for Salt Lake County, presented a check for $5,000 to Roger Cutler, city attorney. These judgment funds were received as a result of a recent court case. Mr. Livingston said that he appreciated the Ccity’s excellent work in this case.

 

PETITIONS

 

Petition 206 of 1979 by Salt Lake City School District.

RE: Requesting Salt Lake City to vacate 200 North Street for 530 feet east of 300 West Street.

 

ACTION: Councilmember Godfrey moved and Councilmember Whitehead seconded to schedule a public hearing for Tuesday, January 14, 1986, at 6:45 p.m., which motion carried, all members voting aye.

(P 85-258)

 

Petition 295 of 1980 by the L.D.S. Church, et. al.

RE: The vacation of two public alleys and one public road easement in Blocks 179 and 186 of Plat O in the vicinity of the old Veterans Hospital site, l2th-l4th Avenues between C and D Streets.

 

ACTION: Councilmember Godfrey moved and Councilmember Whitehead seconded to schedule a non-advertised public hearing for Tuesday, January 7, 1986, at 6:40 p.m., which motion carried, all members voting aye.

(P 85-259)

 

Petition 400-277 of 1985 by the Sugar House Community Council.

RE: Rezoning the area between Westminster College and 2100 South and 1100 East to 1300 East (Garfield area).

 

ACTION: Councilmember Parker moved and Councilmember Godfrey seconded to approve the rezonings as recommended by the Planning Commission except for the area which was recommended to remain zoned “R-6” instead of being rezoned to “R-3A” and refer this area to the Planning Commission for further review; also direct the City Attorney to prepare an ordinance, which motion carried, all members voting aye.

 

DISCUSSION: Craig Peterson, director of development services, referred to the area which was recommended to remain zoned “R-6” instead of being rezoned to “R-3A” and explained that there would be a tremendous amount of non-conforming use in this area if it were rezoned. He indicated that the Planning Commission felt the “R-6 zoning would be sensible since the area is adjacent to the central business district of Sugar House. Mr. Peterson said, however, that since the Council expressed concern about the “R-6” zoning it would be appropriate to have the Planning Commission review the zoning for this area.

(P 85-252)

 

Petition 400-281 of 1985 by the Condas Family.

RE: Rezoning the Condas property.

 

ACTION: Councilmember Godfrey moved and Councilmember Whitehead seconded to adopt Ordinance 89 of 1985 rezoning an area at approximately 700 South to 1300 South and 4400 West to 4800 West from “A-1” to “M-lA”, which motion carried, all members voting aye.

(P 85-141)

 

Petition 400-283 of 1985 by A. Z. Richards, Jr.

RE: Rezoning property located between 7th and 9th South and Gladiola Street at approximately 2640 West from Agricultural “A-1” to an Industrial “M-1A” classification.

 

ACTION: Councilmember Mabey moved and Councilmember Whitehead seconded to postpone a decision on this petition for no longer than three months and refer this issue to the Council agenda for January 14, 1986, which motion carried, all members voting aye.

 

DISCUSSION: A. Z. Richards, Jr., petitioner, said that he owned eight acres within this area and he wanted the property rezoned in order to construct a warehouse. He mentioned that he was required to relocate his business since his current location was being condemned for the California Interchange on-ramp. He encouraged the Council to approve this rezoning request and not postpone a decision for three months. Floyd Thompson, area resident, expressed his opinion that there was not a need for this rezoning and it would substantially impact the residential area. He did not object to postponing a decision. Councilmember Mabey indicated that a committee would be reviewing the master plan and would make a recommendation about this area.

(P 85-254)

 

Petition 400-332 of 1985 by John Meador, et. al.

RE: Vacating the center portion of an alley located between Parkway and Stratford Avenues.

 

ACTION: Councilmember Godfrey moved and Councilmember Whitehead seconded to adopt Ordinance 90 of 1985 vacating an alley between Parkway and Stratford Avenues and Douglas and 1300 East Streets, which motion carried, all members voting aye.

(P 85-245 and 247)

 

Petition 400-363 of 1985 by Hermes Associates.

RE: Rezoning the property located between 400 and 500 South and 400 East and 600 East from Residential “R-7”, Business “B-3” and Commercial “C-l” to a “C-3A” Commercial classification.

 

ACTION: Councilmember Godfrey moved and Councilmember Whitehead seconded to schedule a public hearing for Tuesday, December 10, 1985, at 7:00 p.m., which motion carried, all members voting aye.

(P 85-257)

 

DEPARTMENTAL BUSINESS

 

DEVELOPMENT SERVICES

 

#1. RE: An amendment to the “C-3A” zone by limiting the height of buildings allowed in the zone to 12 stories.

 

ACTION: Councilmember Godfrey moved and Councilmember Whitehead seconded to schedule a public hearing for Tuesday, December 10, 1985, at 6:45 p.m., which motion carried, all members voting aye.

(O 85-39)

 

FINANCE DEPARTMENT

 

#1. RE: An interlocal agreement with Westminster College.

 

ACTION: Councilmember Godfrey moved and Councilmember Whitehead seconded to adopt Resolution 150 of 1985 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and Westminster College for lease by Westminster College of certain premises situate in Salt Lake City, Utah, for a period of five years, which motion carried, all members voting aye.

(C 85-563)

 

HOUSING AUTHORITY

 

#1. RE: Housing for the elderly of low and moderate-income in Salt Lake City.

 

ACTION: Councilmember Godfrey moved and Councilmember Hardwick seconded to adopt Resolution 151 of 1985 regarding the city’s intention to enter into a lease with the Salt Lake City Development Corporation and a corresponding sublease to the Housing Authority of Salt Lake City, each with respect to housing for the elderly of low and moderate-income in Salt Lake City, which motion carried, all members voting aye except Councilmember Whitehead who was absent for the vote.

 

Councilmember Godfrey moved and Councilmember Mabey seconded to support Resolution 151 of 1985 conditioned upon the following provisions being included in lease agreements that will be submitted to the Salt Lake City Council on December 10, 1985: 1. The Salt Lake City Housing Authority Project will provide approximately 330 units at a total cost of approximately $14 million; if the project exceeds $15 million it is subject to review by the Mayor and the Salt Lake City Council.

 

2. Salt Lake City Corporation will be involved in the Housing Authority bond issuance as if the City were the issuer. 3. Salt Lake City and the Housing Authority will actively pursue a HDAG grant or other subsidy to help finance the project, to ensure its emphasis on low-income housing. 4. Salt Lake City Department of Finance will review all of the Salt Lake City Housing Authority’s financial statements and audit the Salt Lake City Development Corporation on at least a yearly basis. 5. The Salt Lake City Council will have approval of the site plan and design of the project. 6. The Salt Lake City Development Corporation will be required to submit their annual budget to the Salt Lake City Council. 7. The emphasis of the proposal will be for elderly low-income housing not being provided by the private sector. 8. The Housing Authority will be required to collateralize the lease agreement with their other assets. Which motion carried, all members voting aye except Councilmember Whitehead who was absent for the vote.

 

DISCUSSION: Albert Haines, chief administrative officer, indicated that in order for the City to reduce the risk of the issue it was recommended that the Housing Authority consider reducing the project from $42 million to $14 million. He said that funds would not be dispersed until conditions set forth by the City had been met and he recommended that the Council consider a resolution endorsing the concept of the project. Councilmember Kirk expressed concern about the financial risk. Mayor DePaulis indicated that there was a potential crisis regarding housing for senior citizens and cautious risks needed to be taken in order to finance issues such as housing. Councilmember Fonnesbeck expressed her opinion that the City should not be competitive with the private sector yet the City had an obligation to provide housing where the private sector could not. She pointed out that the resolution would not approve construction but would approve funding to be held in escrow for a period of time which would allow further study of this issue. The Council expressed an interest in pursuing a HDAG for this project.

 

The following people spoke about this issue: David Nelson, 2929 South Larue Lane, expressed concern about the current number of vacant rental units and suggested that subsidies should go to existing housing.  Edward Lunt, 868 McClelland Street, expressed concern that this project would not meet the needs of the low-income elderly.  Sharon Abegglen, Housing Outreach Rental Program, urged the Council to recognize the low income level of the truly needy.  Fran Patrie, 1810 South Main, supported filling existing vacant housing units rather than constructing new housing units. John Florez, 1298 East Claybourne Avenue, supported low-cost housing for minorities and one-parent families.

 

B. T. Price, supported low-cost housing for the elderly. Linda Tracy, 1849 West 900 North, opposed subsidized housing. Randy Horiuchi, Heartland Development, supported the proposed project. Dave Dickman, Utah State AFLCIO, supported the proposed project.  Marvel Thomas, resident at Phillips Plaza, supported low-cost housing for the elderly. Justin Stewart, 925 2nd Avenue, supported low-cost housing for the elderly.  Garth Briggs, 4746 Quail Point Road, urged that the private sector be involved in the development of this type of project.  Mark Cohen, 1104 Ashton Avenue, supported low-cost housing for the elderly and urged that the elderly not be displaced. Sue Hackett, low-Income Family Economics, indicated that there was a need for low-Income housing for families.

 

John Hiskey, Salt Lake City Housing Authority, said that the Housing Authority Board was sensitive about the impact of this project on the private sector and he said that the HOAG would enable the Housing Authority to strive to reduce the rents to a level which was not being met by the market place. He also said that these types of programs were being shifted from the federal government to the local level. Mayor Depaulis indicated that this project was part of the total housing policy.

(C 85-564)

 

PUBLIC HEARINGS

 

Special Lighting District 3.

RE: A public hearing at 6:00 p.m. to obtain public comment concerning the creation of a special improvement district to be known as Salt Lake City Lighting District No. 3, to operate, maintain, patrol, and power lighting improvements within the District and to levy special taxes as provided in Chapter 15, Title 10, Utah Code Annotated (1953), as amended, on the real estate lying within the District for the benefit of which such taxes are to be expended in the maintenance of such improvements.

 

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

 

Without objection the protests were referred to the transportation division for tabulation.

 

DISCUSSION: P.D. Kiser, transportation division, said that approximately 40 written protests were received out of 1,131 property owners. He said this represented about 2.87% of the front footage. Mr. Kiser said that on one street, 2nd South between State Street and 2nd East, about 13 owners of the Boyer Building, representing 53% of the property owners on the Street, protested. He said this represented about 18% of the front footage. No one from the audience commented.

(Q 85-16)

 

UUHC/Boyer First South IRB

RE: A public hearing at 6:30 p.m. to obtain public comment concerning the issuance of Industrial Development Revenue Bonds not to exceed $9,000,000 for the construction of a 100,000 square foot office building to house the corporate headquarters for United Unlimited Holding Corporation and its subsidiaries on the southeast corner of First South and Fifth East.

 

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

 

DISCUSSION: No one from the audience commented.

(Q 85-18)

 

Salt Lake Clinic IRB

RE: A public hearing at 6:35 p.m. to obtain public comment concerning the issuance of $3,250,000 of Industrial Development Revenue Bonds for the acquisition and construction of a surgical center facility at approximately 350 South 900 East for Salt Lake Clinic.

 

ACTION: No action was taken.

 

DISCUSSION: Councilmember Fonnesbeck said the Salt Lake Clinic requested that this issue not be formally considered at this time. No one from the audience commented.

(Q 85-19)

 

Duplex, Inc. IRB.

RE: A public hearing at 6:40 p.m. to obtain public comment regarding an Industrial Revenue Bond not to exceed $6,000,000 for Duplex Products, Inc.

 

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 Kirk seconded to adopt Resolution 149 of 1985, subject to document changes by the City Attorney, authorizing the issuance and sale of not to exceed $6,000,000 Industrial Development Revenue Bonds (Duplex Products, Inc. Project) Series 1985, of Salt Lake City, Salt Lake County, Utah, to finance certain facilities for use by Duplex Products, Inc.; the execution and delivery of a trust indenture to secure said bonds; the execution and delivery of a loan agreement between said company and said city providing for the repayment of the loan of the proceeds of said bonds; and related matters, which motion carried, all members voting aye.

 

DISCUSSION: Roger Cutler, city attorney, said that there were changes which would be made in the underlying documents and approval of the resolution should be subject to these changes. He said that the changes would mean a broader indemnification for the City. No one from the audience commented.

(Q 84-14)

 

CITIZEN COMMENTS

 

#1. Bart Lower congratulated Mayor DePaulis and wished him good luck.

 

The meeting adjourned at 8:20 p.m.