January 12, 1988

 

PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH

REGULAR AND COMMITTEE OF THE WHOLE

TUESDAY, JANUARY 12, 1988

 

The City Council of Salt Lake City, Utah, met as the Committee of the Whole on Tuesday, January 12, 1988, at 5:00 p.m. in Suite 300, City Hall, 324 South State.

 

The following Council Members were present: Florence Bittner Alan Hardman Wayne Horrocks Roselyn Kirk Sydney Fonnesbeck Willie Stoler.

 

Council Chairperson Godfrey was absent.

 

Council Vice-Chairperson Stoler presided at the meeting.

 

BRIEFING SESSION

 

The City Council interviewed Dr. Louis Schricker prior to his appointment to the Historical Landmarks Committee.  Dr. Schricker told the Council that he had lived in Salt Lake City all his life, and he   expressed an interest in restoring old homes and preserving the heritage of the Salt Lake community.  Linda Hamilton, executive director, briefed the Council on the evening’s agenda. She said the Mayor asked that the Council table the ordinance enacting Sections 25-11B-1 through 25-112-17 of the Revised Ordinances of Salt Lake City, Utah, relating to collective bargaining between Salt Lake City Corporation and its employees, until January 19, 1988. She said the Mayor had also asked that a resolution rescinding the Third Amended Bargaining Resolution, Resolution 41 of 1984, dated April 10, 1984, be tabled until January 19, 1988.

 

Councilmember Hardman asked why the Council vacated some alleys and closed others. Ms. Hamilton said that Council policy had been to close alleys which abut commercial property and vacate alleys which abut residential property. She added that when the city closed an alley which abuts commercial property, the property was sold at fair market value to the organization. However, when the city vacated an alley which abuts residential property, the property was given to the abutting residences.

 

The meeting adjourned at 6:00 p.m.

 

The City Council of Salt Lake City, Utah, met in regular session on Tuesday, January 12, 1988, at 6:00 p.m. in the City Council Chambers, Suite 300, City Hall, 324 South State.

 

The following Council Members were present: Florence Bittner Alan Hardman Wayne Horrocks Roselyn Kirk Sydney Fonnesbeck Willie Stoler.

 

Councilmember Godfrey was absent.

 

Mayor Palmer DePaulis, Roger Cutler, city attorney, Kathryn Marshall, city recorder, and LaNita Brown, deputy city recorder, were present.

 

Council Vice-Chairperson Stoler presided at and conducted the meeting.

 

The Council led the Pledge of Allegiance.

 

Approval of Minutes

 

Councilmember Kirk moved and Councilmember Bittner seconded to approve the minutes of the Salt Lake City Council for the oath of office ceremony held January 4, 1988, and for the regular meeting held Tuesday, January 5, 1988, which motion carried, all members present voted aye.

(M 88-1)

 

Special Recognition

 

The City Council and Mayor presented a resolution commending the University of Utah College of Nursing for the contributions they have made to Salt Lake City and the State of Utah in the art and science of caring for the health care needs in direct patient care, nursing education, administration, and research. Mayor DePaulis read the resolution. No one was present at this time to represent the college.

 

Councilmember Kirk moved and Councilmember Bittner seconded to adopt Resolution 5 of 1988, which motion carried, all members present voted aye.

(R 88-1)

 

PETITIONS

 

Petition 400-557 Calvin Burningham.

 

RE: An ordinance vacating a 6 foot alley located between 1500 West and Catherine Street.

 

ACTION: Councilmember Kirk moved and Councilmember Bittner seconded to schedule a public hearing for Tuesday, February 9, 1988, at 6:20 p.m. to obtain public comment, which motion carried, all members present voted aye.

(P 88-7)

 

DEPARTMENTAL BUSINESS

ATTORNEY’S OFFICE

 

#1. RE: An ordinance enacting Sections 25-llB-l through 25-llB-17 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to collective bargaining between Salt Lake City Corporation and its employees.

 

ACTION: Without objection the Council tabled this until January 19, 1988.

(O 88-2)

 

#2. RE: A resolution rescinding the Third Amended Bargaining Resolution, Resolution No. 41 of 1984, dated April 10, 1984.

 

ACTION: Without objection the Council tabled this until January 19, 1988.

(R 88-2)

 

FINANCE DEPARTMENT

 

#1. RE: An ordinance amending Exhibit “A” of the Evans and Sutherland Computer Corporation Franchise Ordinance No. 43 of 1987 to reflect the “as built” placement of the communication duct.

 

ACTION: Councilmember Kirk moved and Councilmember Bittner seconded to adopt Ordinance 6 of 1988 amending Exhibit “A” of the Evans and Sutherland Computer Corporation Franchise Ordinance No. 43 of 1987, which motion carried, all members present voted aye.

(O 87-18)

 

MAYOR’S OFFICE

 

#1. RE: The appointments of Pam Grubaugh-Littig and Louis Schricker to the Historical Landmarks Committee.

 

ACTION: Councilmember Kirk moved and Councilmember Bittner seconded to approve the appointments, which motion carried, all members present voted aye.

(I 87-21)

 

#2. RE: The reappointment of Rex Kennedy to the Tracy Aviary Board.

 

ACTION: Councilmember Kirk moved and Councilmember Bittner seconded to approve the appointment, which motion carried, all members present voted aye.

(I 88-4)

 

PUBLIC HEARINGS

 

Petition 400-565 University of Utah Charles Evans.

 

RE: A public hearing at 6:20 p.m. to obtain public comment regarding the request that Salt Lake City vacate a portion of the Colorow Drive right-of-way which was dedicated in 1986.

 

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

 

Councilmember Kirk moved and Councilmember Hardman seconded to adopt Ordinance 7 of 1988 vacating a portion of Colorow Drive in Research Park, which motion carried, all members present voted aye.

 

DISCUSSION: Janice Jardine, Planning and Zoning presented a diagram showing the property to be vacated and said that this petition was a result of work done during the past summer by the Engineering Division to design an extension of Colorow Drive. During the second phase of the extension, a slight realignment caused a small triangular area to fall outside the design for the roadway. The Engineering Division had advised the University to petition the City to have that portion vacated.  No one from the audience addressed this issue.

(P 88-3)

 

Petition 400-548 E. C. Shaw.

 

RE: A public hearing at 6:30 p.m. to obtain public comment regaring the request that Salt Lake City vacate an alley located behind the property at 1015-1035 South 200 West.

 

ACTION: Councilmember Fonnesbeck moved and Councilmember Hardman seconded to close the public hearing, which motion carried, all members present voted aye.

 

Councilmember Fonnesbeck moved and Councilmember Kirk seconded to adopt Ordinance 9 of 1988 vacating a portion, and closing a portion of an alley located behind 1015-1035 South 200 West, which motion carried, all members present voted aye.

 

DISCUSSION: Janice Jardine, Planning and Zoning presented a diagram showing the property to be vacated and said that the alley ran north and south from Mead Avenue to Goltz Avenue through the interior of the block, with another alley intersecting it coming east from Jefferson Avenue. She said Mr. Shaw was requesting to close only a portion of the alley running north from Mead Avenue, approximately 145 feet, and had obtained written permission from David Zirker, the property owner on the east. She said Mr. Shaw had recently received a Board of Adjustment variance for a parking lot in a residential zone as a conditional use, and a landscaped buffer was required as one of the conditions of the variance, along the portion of the alley he was requesting to vacate. She said there had been no opposition to the vacation and all properties still had access through the alley run- fling east from Jefferson Avenue and the alley entrance from the south off Goltz Avenue.  No one from the audience addressed this issue.

(P 88-5)

 

Petition 400-570 Kim Jensen.

 

RE: A public hearing at 6:40 p.m. to obtain public comment regarding the request that Salt Lake City vacate an alley located at 924 Glendale Steet through to 924 Emery Street.

 

ACTION: Councilmember Ponnesbeck moved and Councilmember Bittner seconded to close the public hearing, which motion carried, all members present voted aye.

 

Councilmember Horrocks moved and Councilmember Kirk seconded to adopt Ordinance 8 of 1988 vacating an alley at 924 Glendale Street through to 924 Emery Street, which motion carried, all members present voted aye.

 

DISCUSSION: Janice Jardine, Planning and Zoning presented a diagram showing the property to be vacated and said that the 16 foot alley ran through the block from Glendale Street to Emery Street and upon investigation showed that it had never been used. She said it was not needed for access by any of the abutting properties and none of them had opposed the vacation.  No one from the audience addressed this issue.

(P 88-4)

 

COMMENTS

 

#1. Terry Phillips, 314 East Stanton Avenue, Salt Lake City, Utah, said there was a problem with the address of a building on the corner of Stanton Avenue. He said that Stanton was 525 South and this building had 18 inch high letters with the number 525 on the front of the building and the street sign only had inch high letters to show that it was 525, so it was very confusing for people trying to find his address. He said they would drive around and around the block trying to find him and become disgruntled. He felt that this should be changed somehow. Mayor DePaulis said this would be checked by the appropriate department and Mr. Phillips would be notified.

 

#2. Rich Zabriskie, trustee for the Sugarhouse Community Council, asked Mayor DePaulis when the next meeting for the Salt Lake City Tomorrow Program would be held. Mayor DePaulis said that the committee had been working on the 6 goals established at the last meeting, that it would be too extensive to go into in Council Meeting, but he would be glad to speak in front of the Council as an agenda item and give everyone an update of the progress. Mr. Zabriskie asked the Mayor if he would establish an open-door policy similar to that of the Governor for the public to air gripes. Mayor DePaulis said his door was always open now, but he would give some thought to it.

 

#3. John Bielefeldt, alias the “Nut Man”, 1834 South State Street #3, Salt Lake City, Utah, addressed the Council regarding Section 20-17-17 of the Revised Ordinances of Salt Lake City, concerning solicitations, sales, promotion, and peddling. He said he had applied for a solicitor’s permit to sell nuts and trail mixes in the downtown business district that was approved in July, but in October he was approached in the downtown area by members of the Licensing Department who wanted to know why he was doing what he was doing. He said he showed them his permits and 3 days later he received a letter saying the permit should not have been approved and that soliciting was not permitted in the downtown business district. He said he had applied for an exemption to the restriction and was awaiting a decision. He asked that the last sentence in Ordinance 20-17-17 be deleted, which reads “such permission may be revoked by the Board of Commissioners at any time without cause”. He felt that this was unlawful. He also requested that a time frame for scheduling hearings be included. He requested a hearing October 28, the hearing was scheduled for December 6, but was continued until January 6. He said this had put him out of business during the busiest time of the year. He also felt that charging a full years fee when a license was applied for in July was unfair. He said other cities prorated the amount and felt this should be changed.

 

Councilmember Stoler briefly explained to Mr. Bielefeldt the procedure to amend the ordinance. Mayor DePaulis said that he was expecting a report from his staff that would explain the delays associated with the hearing. He felt the items concerning Mr. Bielefeldt should be addressed in reviewing the ordinance. Councilmember Fonnesbeok said they should examine the entire ordinance to see if other changes should be made. Mr. Cutler said this issue involved whether the city would allow street vending downtown, that it had been an issue before and the downtown merchants were against it because they paid taxes year round and the vendors only came in the summer months and took away their business. Mr. Bielefeldt said he did not consider himself a street vendor as he solicited from door to door.

 

The meeting adjourned at 6:45 p.m.