PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, FEBRUARY 5, 1985
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, FEBRUARY 5, 1985, AT 5:15 P.M. IN ROOM 211 CITY AND COUNTY BUILDING.
THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: RONALD J. WFIITEHEAD EARL F. HARDWICK GRANT MABEY EDWARD W. PARKER SYDNEY R. FONNESBECK.
Councilmember Shearer resigned as the councilmember of District 5 on January 25, 1985, to assume a position with the Governor’s administration.
Councilmember Davis was absent from the meeting.
Council Chairperson Sydney Fonnesbeck presided at the meeting.
BRIEFING SESSION
#1. Leigh von der Esch, council executive director, briefed the Council concerning the evening’s agenda. Special attention was given to concerns over zoning references in the Sugar House master plan. Information on the Sugar House plan was given by Bill Wright of planning and zoning. Discussion was held concerning the proposed newsrack ordinance. Ms. von der Esch also informed the Council of problems with the procedure for alley vacations. She indicated that a number of vacations are not completed because some of the residents concerned do not pay their $10 fee thereby making it impossible for the City to legally transfer ownership of the property. A discussion was held with Roger Cutler, city attorney, concerning possible solutions to this problem and it was tentatively decided that if the information concerning the entire procedure were distributed at the outset of the process this problem could be avoided by making those requesting the vacation aware of the entire procedure.
#2. Larry Beech and Richard Buist of Peat, Marwick and Mitchell presented the Council with an update of the personnel department audit. They outlined the process being utilized and current findings concerning the functions being performed by the department. Larry Beech indicated that they had reviewed all functions being performed by personnel and had identified some areas in which the activities of the department and the user departments overlap. He indicated that there are some problems with split functions. He said that they would welcome any suggestions the Council may have. The project completion date for the audit is in approximately three weeks.
The briefing session adjourned at 5:55 p.m.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, FEBRUARY 5, 1985, AT 6:00 P.M. IN ROOM 301 CITY AND COUNTY BUILDING.
THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: RONALD J. WHITEHEAD EARL F. HARDWICK GRANT MABEY EDWARD W. PARKER SYDNEY R. FONNESBECK.
Councilmember Shearer resigned as the councilmember of District 5 on January 25, 1985, to assume a position with the Governor’s administration.
Councilmember Davis was absent from the meeting.
Mayor Ted L. Wilson, Albert Haines, chief administrative officer, Roger Cutler, city attorney, Kathryn Marshall, city recorder, and Lynda Domino, chief deputy recorder, were present.
Council Chairperson Sydney Fonnesbeck presided at the meeting and Councilmember Parker conducted the meeting.
Invocation was given by Police Chaplain W. C. Rounds.
Pledge of Allegiance.
Approval of Minutes.
Councilmember Whitehead moved and Councilmember Mabey seconded to approve the minutes of the Salt Lake City Council for the regular meeting held Tuesday, January 15, 1985, and to approve the minutes, as corrected, of the regular meeting held Thursday, January 17, 1985, which motion carried, all members present voting aye except Councilmember Fonnesbeck who was absent for the vote.
(M 85-1)
Special Recognition
#1. Mayor Wilson introduced Dax Mascarenas, who served as Mayor-for-a-Day on February 5, 1985. The Mayor presented Mr. Mascarenas with a proclamation and commended him for being an exceptional young man. The Mayor said that Dax met with public safety officials, toured the police and fire departments, attended a working lunch, and attended various policy meetings throughout the day.
Councilmember Whitehead moved and Councilmember Hardwick seconded to adopt Resolution 12 of 1985 proclaiming Dax Mascarenas as Mayor-for-the-Day, which motion carried, all members present voting aye.
(R 85-1)
#2. The Council recognized Brent Wilde, planning and zoning, for his outstanding service to Salt Lake City. Councilmember Fonnesbeck said that in the last few years many people have told her what a great job Mr. Wilde has done. She said that in neighborhood council meetings he has listened to many complaints and concerns without losing his temper and he has expressed willingness to work with the people. On behalf of the City Council, Councilmember Fonnesbeck presented Mr. Wilde with a plaque recognizing him for his outstanding service to the City Council and the residents of Salt Lake City. Mr. Wilde said that he appreciated his position with the planning department and his association with the Council. He thanked the Council for this recognition.
PETITIONS
Petition 400-53 of 1983 by Carl Larsen, et al.
RE: Rezoning the west side of West Temple from 800 South to approximately 878 South.
Councilmember Whitehead moved and Councilmember Mabey seconded to adopt Ordinance 3 of 1985, amending Section 51-12-2 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to zoning and fixing boundaries of use districts, by rezoning property located on the west side of West Temple Street, beginning at 800 South and running south for 511.5 feet (to approximately 878 South) in Salt Lake City, Utah, from “R-6” to “C-1” , which motion carried, all members present voting aye.
(P 84-45)
Petition 400-144 of 1983 by Joanne Milner, et al.
RE: Closure of an alley at approximately 920 South from 800 to 900 West.
Councilmember Whitehead moved and Councilmember Mabey seconded to adopt Ordinance 4 of 1985, closing a 15-foot alley at approximately 920 South from 800 to 900 West Streets, which motion carried, all members present voting aye.
(P 84-19)
Petition 400-173 of 1984 by Cynthia R. Adams, et al.
RE: Vacating an alley located between 900 East and 1000 East and Forest View Avenue and 2700 South.
Councilmember Whitehead moved and Councilmember Mabey seconded to schedule a non-advertised public hearing for Tuesday, February 19, 1985, at 6:30 p.m. to discuss this petition, which motion carried, all members present voting aye.
(P 85-8)
Petition 400-206 of 1984 by Calvin K. Schneller.
RE: Vacating a 15-foot alley which runs north from Princeton Avenue at approximately 1068 East and McClelland Avenue.
Councilmember Whitehead moved and Councilmember Mabey seconded to schedule a public hearing for Tuesday, March 12, 1985, at 7:15 p.m. to discuss this petition, which motion carried, all members present voting aye.
(P 85-2)
Petition 400-220 of 1984 by Carriage Livery Ltd. and 400-222 of 1984 by Royal Carriage Co.
RE: Permission to operate horse-drawn carriages on the streets of Salt Lake City.
Councilmember Whitehead moved and Councilmember Mabey seconded to schedule a public hearing for Tuesday, March 12, 1985, at 6:30 p.m. to discuss these petitions, which motion carried, all members present voting aye.
(P 85-9, P 85-10)
Petition 400-235 of 1984 by Louis Freidheim/PF West.
RE: Rezoning property at 600 South and Redwood Road from Residential “R-2” to “R-5”.
Councilmember Whitehead moved and Councilmember Mabey seconded to adopt Ordinance 5 of 1985, 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 one parcel of property approximately in the area of 600 South and Redwood Road from “R-2 to “R-5”, and rezoning a second parcel of property located approximately in the area of 600 South and Redwood Road from “R-6” to “R-5”, which motion carried, all members present voting aye.
(P 84-279)
Petition 400-249 of 1984 by Janice Turner and William Bennett and 400-250 of 1984 by Richard and Pamela Perry.
RE: Vacating two alleys located between Logan Avenue and Bryan Avenue and between 700 East and 800 East (Petition 400-249). The alley runs east-west through the block and intersects at either end with a north/south running alley. Petition 400-250 requests that the western portion of the east/west alley be open.
Councilmember Whitehead moved and Councilmember Mabey seconded to schedule a public hearing for Tuesday, March 12, 1985, at 7:30 p.m. to discuss these petitions, which motion carried, all members present voting aye.
(P 85-11, P 85-13)
DEPARTMENTAL BUSINESS
CITY COUNCIL
#1. RE: An ordinance amending Title 25 of the Revised Ordinances of Salt Lake City, Utah, 1965, by adding Chapter 29 to be entitled “Salt Lake City Urban Environment Board”.
Councilmember Whitehead moved and Councilmember Mabey seconded to schedule a public hearing for Tuesday, March 5, 1985, to discuss this ordinance amendment, which motion carried, all members present voting aye.
(O 85-3)
DEVELOPMENT SERVICES
#1. RE: Proposed ordinance amending Section 51-9-3 relating to parking requirements for medical uses, Chapters 18, 19, 19B, 19C, and 21 of Title 51 to clarify and add certain medical uses as accessory conditional uses In “R-6” zones and conditional principal uses in “R-7” zones and as permitted uses in the “H”, “R-H” and “B-3” zones, and amending and adding definitions in Chapter 2 to Title 51, all relating to medical facilities.
Councilmember Whitehead moved and Councilmember Mabey seconded to schedule a public hearing for Tuesday, March 12, 1985, at 7:00 p.m. to discuss the proposed ordinance, which motion carried, all members present voting aye.
(O 85-4)
#2. RE: Housing and Community Development needs (11th Year CDBG funds).
Councilmember Whitehead moved and Councilmember Mabey seconded to schedule a public hearing for Tuesday, February 19, 1985, at 8:00 p.m. to solicit citizen input regarding housing and community development needs, which motion carried, all members present voting aye.
(T 85-2)
#3. RE: Low-income housing policy for Salt Lake City.
Councilmember Hardwick asked for support and ideas from both the public and private sectors regarding this issue in order to solve the problem of loss of low-income housing. He said that ideas and solutions are needed. Mayor Wilson said that the draft which has been submitted is a fine piece of staff work. He mentioned that it is controversial but he thought that there needed to be an element of controversy in order to develop a workable solution. He reiterated that input is needed from many groups and this issue will probably require lengthy hearings. The Mayor indicated that this is an important piece of work because new housing has to be enhanced but the issue of displacement needs to be considered.
Councilmember Fonnesbeck moved and Councilmember Mabey seconded to accept the document for the purpose of review and comment, and that this vote signify a support of the process and of the idea, which motion carried, all members present voting aye.
(T 85-3)
#4. Proposed Sugar House Master Plan.
Bill Wright, planning and zoning, said that there was much negotiation between City staff, residents, and businesses to develop the plan. He said that since the September public hearing before the Council, he has met with the Sugar House Chamber of Commerce, Clark Financial, and the Sugar House Community Council to discuss proposed changes and additions. Mr. Wright said that there are five issues which various groups wanted addressed (a copy of these suggested changes is on file in the recorder’s office). He said that the first two changes are supported by both the community council and the business council. He said that the staff also supports these changes and suggests that they be incorporated into the master plan. He said that the last three changes are not supported by both parties and City staff believes these issues are addressed in the plan which was submitted.
Gene Davis, Sugar House Community Council, expressed his opinion that some of the language is redundant in the mixed-use development section and that there is superfluous language, regarding zoning ordinances, in the urban design section. He also indicated that regarding pedestrian circulation, the language should state that the Denver and Rio Grande spur shall be acquired and not suggest merely an intent to acquire. Jim McGuire, Clark Financial Corporation, said that a letter expressing their concerns had been submitted to the Council. He indicated that they requested language clarification to reflect intents which have been expressed verbally. He said that their underlying concern is with the floor-area-ratio concept. He did not object to this method of controlling the density permitted by development in the Sugar House area but was uncomfortable with establishing this as a procedure without yet having identified what will be the floor-area-ratio governing the density. He said they were opposed to a restriction on density beyond the point at which it becomes economically feasible to implement their development plans. He asked that the Council carefully consider the floor-area ratio concept before the details are finalized.
Councilmember Parker said that he was convinced the plan should be approved so progress is not further delayed. He suggested that a motion should be passed with the stipulation that further dialogue and action should take place to resolve differences between the various groups of the community. Councilmember Fonnesbeck referred to the urban design section and asked if “C-3” zoning is specified. Mr. Wright indicated that the Planning Commission draft does not make reference to C-3 zoning. Councilmember Whitehead referred to the floor-area-ratio concept and indicated that he was concerned about approving the master plan and completing the details later.
Councilmember Fonnesbeck said that the master plan designates the process for making decisions and does not designate specifics to be used district wide. She indicated that issues such as the floor-area ratio would be site specific. Councilmember Whitehead asked when the floor-area ratio would be presented to the Council. Mr. Wright said he thought it would be the first step in implementing the plan. Councilmember Parker asked if there would be an opportunity for people to discuss the floor-area ratio. Mr. Wright said this would be a public process brought back before the Council, as outlined in the plan, to determine the floor-area ratio. Councilmember Mabey referred to the pedestrian circulation and asked what the impact would be by stating that the D & RG spur shall be acquired. Mr. Wright said that presently the statement reads, “When the Denver & Rio Grande railway spur is discontinued, this right-of-way should contain a pedestrian/bicycle path.” Councilmember Fonnesbeck said that the intent is clear but the language is not binding and Mr. Wright said this was correct.
Councilmember Fonnesbeck moved and Councilmember Whitehead seconded to accept and approve the Sugar House Master Plan with the stipulation that the master plan be the first step in a continuing process that has been outlined by the planning and zoning staff and the Planning Commission, and that the process will continue; also to include the two changes as discussed by Mr. Wright, which are: Land Use Section Page 11 - Development of surrounding mixed-use centers is encouraged through flexible growth management tools to support the revitalization of the Sugar House retail core.
Compatibility Review Section Page 17 - The Compatibility Review Subcommittee which evaluates development proposals and recommends a certification of compatibility to the Planning Commission should be composed of members of the Planning Commission, representatives of the Sugar House Business District, representatives of the Sugar House residential community, architects or design experts representing the developer and a professional planner from the Salt Lake City Planning and Zoning staff. It is important that the review subcommittee incorporate equal representation of the Sugar House Community in the decision making process that will guide the future development of Sugar House. Both residential and business community interests should have equal representation on all review subcommittees. Which motion carried, all members present voting aye.
(T 84-22)
#5. The proposed ordinance governing the location of newsracks on public streets in Salt Lake City.
Edward McDonough, attorney for the Newspaper Agency Corporation, indicated that there has been no change in their position since the public hearing. He reiterated their position which is that the ordinance as drafted is too restrictive and violates their rights. Myron Olson, USA Today, said he has not seen the final proposal and he said that their position is as an uninformed party. He said that they only became aware on this day that the issue was being discussed by the Council. Judy Lever, assistant city attorney, explained that at the time the ordinance was being drafted Mr. Russon from USA Today was extensively involved. She mentioned that she understood representatives from USA Today were present at the public hearing held before the Council several months ago. She said that a final draft was not sent to Mr. Olson but the minor language changes made in the draft would probably not change their position about the ordinance.
Councilmember Whitehead asked how many other cities in the country have similar ordinances. Ms. Lever said that a poll was not taken but she indicated that cases are appearing in court which indicate that there are similar ordinances being implemented. She felt the ordinance was drafted in a content-neutral manner that will meet the constitutional parameters. Councilmember Whitehead expressed concern with adopting the ordinance but was also concerned with the appearance of Salt Lake City. He said he felt this ordinance would help maintain Salt Lake City’s image as a clean city. He indicated it is not the Council’s intent to restrict the number of newspapers in the City. Councilmember Fonnesbeck indicated that she felt the Council’s intent in adopting the ordinance is good but she expressed a philosophical concern that this type of ordinance or regulation could be misused.
Councilmember Whitehead moved and Councilmember Mabey seconded to adopt Ordinance 6 of 1985, amending the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to the regulation of newsracks, by amending Section 20-25-6 relating to an exception for newsracks from the prohibition of street occupations in the downtown area; by amending Title 20 by adding Chapter 39 relating to regulations applicable to newsracks; and by amending Section 51-21-1 relating to permitted uses in the Business “B-3” District by adding new (12) relating to newsracks, which motion carried, all members voting aye except Councilmember Fonnesbeck who voted nay.
(O 84-19)
FINANCE AND ADMINISTRATIVE SERVICES
#1. RE: Budget amendments to the 1984-85 budget.
Councilmember Whitehead moved and Councilmember Mabey seconded to schedule a public hearing for Tuesday, February 19, 1985, at 7:30 p.m. to discuss amending the Fiscal Year 1984-85 budget for Salt Lake City, which motion carried, all members present voting aye.
(B 84-5)
FIRE DEPARTMENT
#1. RE: Interlocal cooperation agreement with Midvale City for fire dispatch services.
Councilmember Whitehead moved and Councilmember Mabey seconded to adopt Resolution 13 of 1985 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and Midvale City, providing Midvale City with fire dispatch services including both fire and emergency medical, which motion carried, all members present voting aye.
(C 85-25)
MAYORS OFFICE
#1. RE: The appointment of Nancy Pace to the Board of Adjustment.
Councilmember Whitehead moved and Councilmember Mabey seconded to approve the appointment of Nancy Pace to the Board of Adjustment, which motion carried, all members present voting aye.
(I 85-3)
#2. RE: The reclassification of a 111-A position to a 112-A position in the public utilities department and the reclassification of the positions of airport maintenance worker, worker II, and maintenance supervisor. Albert Haines, chief administrative officer, said that this item was presented to the Council as an informational item. He said that both of the classification issues have a budget impact. Mr. Haines said there have been concerns with some airport employees working out of classification and this change needs to be implemented. He said that this issue does not require Council approval. This issue was noted by the Council and filed without further action.
(B 85-1, B 85-2)
POLICE DEPARTMENT
#1. RE: An ordinance amending the Traffic Code of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, by adding a new Article 24 relating to child passenger safety. Without objection, Councilmember Parker referred this ordinance to the consent agenda for February 19, 1985.
(O 85-5)
#2. RE: An ordinance amending Chapter 10 of Title 20 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to financial and lending institutions, specifically pawn shops.
Lee Spendlove, police department, explained that the proposed ordinance was drafted primarily so that the pawnbroker section would coincide with the section regarding secondhand dealers, although there are a few passages which relate specifically to a pawn dealer such as returning the property within a 30-day period to the person who pawned the merchandise. He indicated that the changes streamline the wording in the ordinance and make the ordinance easier to understand. He mentioned that there are sections concerning the severability clause which are presently in the secondhand ordinance. He also mentioned that the pawnbroker license includes the secondhand dealership so a pawnbroker is bound by the secondhand ordinance.
Mr. Spendlove said that the bonding requirements would change from $1,000 to $5,000. He did not think that the $5,000 was unreasonable on a bond issue in today’s market. Mr. Pickle, owner of Mike’s Pawns at 72 East 200 South and also with the Pawnbrokers Association, expressed concern with several of the changes. He said that when the secondhand ordinance was adopted, there were complaints within the industry that the law was enacted before they were able to give input. He referred to the $5,000 bond and indicated that this would make the license fee considerably higher. Mr. Pickle said that the bond has been presented as a protection to the customer if the pawnbroker sells an item prior to the 30-day holding period. It was his opinion that the bond would not apply in this case since, as he interprets the ordinance, it is a bond regarding performance as to the City ordinances. Mr. Pickle also expressed concern about the addition of having to record the date of sale and method of disposal of each item. He indicated that this would make bookkeeping very difficult.
Mr. Pickle said that he did not think the ordinance would protect the public against unscrupulous pawnbrokers but would put restrictions on honest businesses. Bernice Cook, People’s Freeway Community Council, complained about the number of pawnshops in the area along State Street and Main Street. She suggested that the ordinance include a restriction as to the number of pawnshops allowed in an area. Pat Stovall, Matt’s Pawns, suggested that the pawnbrokers meet with the police department to discuss the proposed changes before the ordinance is adopted.
Councilmember Mabey moved and Councilmember Whitehead seconded that the police department and pawnbrokers meet to discuss the proposed ordinance, which motion failed due to a tie vote. Council Members Mabey and Whitehead voted aye and Council Members Hardwick and Parker voted nay. Councilmember Fonnesbeck was absent when the vote was taken. Councilmember Whitehead said that the issue seemed to be the $5,000 bond requirement and he suggested that there needed to be more information about why this figure was decided upon.
Leigh von der Esch, council executive director, suggested that the ordinance be returned to Council staff in order to get more information about prevailing bond amounts. She indicated that she would be willing to meet with Mr. Pickle and Mr. Spendlove and present a recommendation to the Council. Roger Cutler, city attorney, referred to the statement made about the bond being a guarantee for payment if someone loses property. He said that the only time the bond would be used would be if the pawnbroker went out of business or left the area then the corporate surety would pay the debt.
Councilmember Parker moved and Councilmember Whitehead seconded to refer the ordinance to the Council staff for a recommendation, which motion carried, all members present voting aye except Councilmember Fonnesbeck who was absent when the vote was taken.
(O 85-2)
PUBLIC UTILITIES
#1. RE: A resolution to secure the transfer to the city of surplus federal property.
Councilmember Whitehead moved and Councilmember Mabey seconded to adopt Resolution 14 of 1985 to secure the transfer to the city of surplus federal property through the Utah State Agency for Surplus Property, under the provisions of Section 203(j) of the Federal Property and Administrative Services Act of 1949, as amended, to obligate the city and its funds to the extent necessary to comply with the terms and conditions listed within the application, which motion carried, all members present voting aye.
(W 85-3)
PUBLIC WORKS
#1. RE: An interlocal cooperation agreement with Salt Lake County for construction of a signal at 5600 West and 1300 South.
Councilmember Whitehead moved and Councilmember Mabey seconded to adopt Resolution 15 of 1985 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and Salt Lake County for construction of a signal at 5600 West and 1300 South, which motion carried, all members present voting aye.
(C 85-26)
#2. RE: Concrete Replacement District No. 40-R-5.
Councilmember Whitehead moved and Councilmember Mabey seconded to accept the report of the Board of Equalization for Salt Lake City, Utah, Concrete Replacement District No. 40-R-5 and approve its findings and recommendations, which motion carried, all members present voting aye.
(Q 83-4)
#3. RE: Curb and Gutter Extension No. 38-681.
Councilmember Whitehead moved and Councilmember Mabey seconded to accept the report of the Board of Equalization and Review for Salt Lake City, Utah, Curb and Gutter Extension No. 38-681, and approve its findings and recommendations, which motion carried, all members present voting aye.
(Q 82-34)
#4. RE: Curb and Gutter Extension No. 38-708.
Councilmember Whitehead moved and Councilmember Mabey seconded to accept the report of the Board of Equalization and Review for Salt Lake City, Utah, Curb and Gutter Extension No. 38-708 and approve its findings and recommendations, which motion carried, all members present voting aye.
(Q 83-3)
CITIZEN COMMENTS
#1. The Salt Lake Police Association was scheduled to address the Council regarding a request for reconsideration of language in the Collective Bargaining Resolution which prohibits sergeants from voting in police union matters. When called upon, a representative was not present to speak.
#2. Bernice Cook said that she would miss Councilmember Shearer and hoped that her replacement would do as good a job for the City and show as much concern. Mayor Wilson concurred and commended Ms. Shearer for her dedication and intelligence in dealing with City matters. He congratulated her on her new position with the Governor’s administration.
The meeting adjourned at 7:30 p.m.