January 14, 1986

 

PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH

TUESDAY, JANUARY 14, 1986

 

THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, JANUARY 14, 1986, AT 4:00 P.M. IN ROOM 211 CITY AND COUNTY BUILDING.

 

THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: FLORENCE BITTNER THOMAS M. GODFREY GRANT MABEY ROSELYN N. KIRK SYDNEY R. FONNESBECK WILLIE STOLER EARL F. HARDWICK.

 

Council Chairperson Hardwick presided at the meeting.

 

BRIEFING SESSION

 

#1. Carole Stokes, council executive director, briefed the Council on the agenda including a proposed joint resolution on the I-15/State Street transportation corridor.

 

#2. Al Haines briefed the Council on further developments in the selection process for a relocation site for city employees during rehabi1itatio of the City/County Building. He indicated that contracting for a long-term lease at the Lincoln School with the express intention of relocating the police department there, would place the city in a bad negotiating position allowing the county advantage over the city when the Metropolitan Hall of Justice is vacated. Because of this consideration, Mr. Haines recommended that the Council not consider Lincoln School as a viable option.

 

Councilmember Hardwick indicated that he had received word from Triad that they were willing to consider a short-term lease for a portion of the building. Mr. Haines indicated that option could be taken into consideration; but that even with that option the less efficient space at the Lincoln School would be more expensive than the majority of downtown locations. The Council also discussed the fact that although the city employees in the City/County Building will not move until December 31, 1986, those city offices located in the Fifth Circuit Court Building must vacate when their current lease expires in June, 1986. Because the lesser must prepare space for employees of those offices located in the Fifth Circuit Court Building, Mr. Haines asked that a decision be made within two weeks.

 

The Council said that they would consider the issue again in one week, if Mr. Haines would prepare a spread-sheet outlining the pros and cons of each location and relative cost to the City. Councilmember Hardwick said that the benefit to the Central City Neighborhood by the city moving to the Lincoln School location should be considered.

 

#3. Mr. Haines briefed the council on the proposed jail property exchange. He said that negotiations had centered around dividing the Metropolitan Hall of Justice block into east and west halves. The city would acquire all property on the west half and the county would obtain title to all property on the east half.  He said that at one point the county agreed to relinquish lease payments on Raging Waters; however, as of this morning they had decided to pay cash for the difference in the property exchange. Mr. Haines indicated that the Interlocal agreement finalizing the negotiations would be prepared for council approval on Tuesday, January 21 1986.

 

#4. Larry Livingston presented proposed plans for organizing the Foothill Village hearings and also distributed a proposed motion to handle what the council had discussed in connection with the two petitions. Larry then briefed the council on the results of the property owner survey in connection with the Buena Vista rezoning.

 

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

 

THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, JANUARY 14, 1986, AT 6:00 P.M. IN ROOM 301 CITY AND COUNTY BUILDING.

 

THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: FLORENCE BITTNER THOMAS M. GODFREY GRANT MABEY ROSELYN N. KIRK SYDNEY R. FONNESBECK WILLIE STOLER EARL F. HARDWICK.

 

Mayor Palmer DePaulis, Roger Cutler, city attorney, Kathryn Marshall, city recorder, and Lynda Domino, chief deputy recorder, were present.

 

Council Chairperson Hardwick presided at and conducted the meeting.

 

The invocation was given by Police Chaplain Joel Moriyama.

 

Pledge of Allegiance.

 

Approval of Minutes.

 

Councilmember Mabey moved and Councilmember Staler seconded to approve the minutes of the Salt Lake City Council for the Oath of Office Ceremony held January 6, 1986, and the regular meeting held Tuesday, January 7, 1986, which motion carried, all members voting aye except Councilmembers Godfrey and Kirk who were absent for the vote.

(M 86-1)

 

Special Recognition

 

#1. The Council and Mayor presented a Resolution of Appreciation to Raymond C. Ahlander for his 25 years of service with the Salt Lake City Department of Public Utilities. Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Resolution 5 of 1986, which motion carried, all members voting aye.

(R 86-1)

 

PETITIONS

 

Petition 295 of 1980 by the Church of Jesus Christ of Latter-Day Saints.

 

RE: Closure of the public way at the old VA Hospital site.

 

ACTION: Councilmember Mabey moved and Councilmember Kirk seconded to adopt Ordinance 4 of 1986 closing a 20-foot public alley running through Block 186, Plat D, Salt Lake City Survey, closing a 5-foot alley located in Block 179, Plat D, Salt Lake City Survey, and closing an 80-foot road easement running through Blocks 179 and 186, Plat D, Salt Lake City Survey, which motion carried, all members voting aye.

(P 85-259)

 

Petition 400-217 of 1984 by George Halles.

 

RE: An ordinance vacating the south half of an alley between Harrison and Cleveland Avenues at 300 East.

 

ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Ordinance 5 of 1986 vacating the south half of an alley between Harrison Avenue and Cleveland Avenue and 300 East and Blair Street, which motion carried, all members voting aye.

(P 85-139)

 

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

 

RE: Rezoning property between 700 and 900 South and Gladiola Street at about 2640 West from “A-l” to “M-lA”.

 

ACTION: Councilmember Mabey moved and Councilmember Fonnesbeck seconded to deny the petition, which motion carried, all members voting aye except Councilmembers Hardwick, Kirk, and Stoler, who voted nay.

 

Councilmember Godfrey moved and Councilmember Kirk seconded to reconsider the motion denying Petition 400-283, which motion carried, all members voting aye except Councilmember Mabey who voted nay.

 

Councilmember Godfrey moved and Councilmember Stoler seconded to approve Petition 400-283 of 1985 and direct the City Attorney to prepare an ordinance, which motion carried, all members voting aye except Councilmembers Bittner and Mabey who voted nay.

 

DISCUSSION: Councilmember Mabey presented the results of a survey which had been conducted regarding this rezoning issue. He said that only about 50% of the people questioned responded and of those the majority of the residents opposed the rezoning and the majority of nonresidents supported the rezoning. He also said that of both groups questioned, the majority indicated they would sell their property for a reasonable price. Councilmember Fonnesbeck asked if denying this petition would postpone the inevitable, which is the eventual rezoning of this area. She mentioned that the avigation zone in this area restricts residential development and by not rezoning the property, other development would not be allowed to occur. Councilmember Mabey expressed concern about protecting the existing residential areas in Phases IV and V since the majority of residents live in these areas. Councilmember Godfrey said that almost all of the residents who responded to the questionnaire did not live within the Phase II area (which includes the property in question) and he said he was informed that those who did live within Phase II were in favor of the rezoning.

 

Mayor DePaulis reiterated the long-term possibility that this area would eventually not be residential because of the restrictions in this area. Councilmember Bittner expressed concern that the rezoning for this area not be done on a piecemeal basis; she was concerned about isolating pockets of property. Councilmember Fonnesbeck suggested that If the rezoning was approved the residential areas needed to be protected and not neglected.

(P 85-254)

 

Petition 400-294 of 1985 by Salt Lake Clinic.

 

RE: An ordinance rezoning a portion of Block 42.

 

ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Ordinance 6 of 1986 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 a portion of Block 42 (900 East between approximately 325 and 375 South) from “R-6” to “R-7”, which motion carried, all members voting aye.

(P 85-243)

 

Petition 400-335 of 1985 by Elaine Charvoz Holdaway and David Thomas.

 

RE: A request to vacate the alley located between Downington Avenue and Emigration Creek at approximately 1166 Downington Avenue.

 

ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to schedule a non-advertised public hearing for Tuesday, February 11, 1986, at 6:45 p.m., which motion carried, all members voting aye.

(P 86-1)

 

Petition 400-345 of 1985 by Ivory and Company.

 

RE: An ordinance rezoning property at 1300 North and Redwood Road.

 

ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Ordinance 7 of 1986 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 the southwest corner of 1300 North and Redwood Road from “R-2A” to “B-3”, which motion carried, all members voting aye.

(P 85-241)

 

DEPARTMENTAL BUSINESS

CITY ATTORNEY

 

#1. RE: An ordinance regarding administrative organization.

 

ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Ordinance 8 of 1986 amending Chapter 3 of Title 24 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to administrative organization, which motion carried, all members voting aye.

(O 86-3)

 

FIRE DEPARTMENT

 

#1. RE: An amendment to the interlocal agreement with Sandy City regarding dispatch services.

 

ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Resolution 6 of 1986 authorizing the execution of an interlocal cooperation agreement amendment between Salt Lake City Corporation and Sandy City to update dispatch services to Sandy City Fire from Central Dispatch, which motion carried, all members voting aye.

(C 86-12)

 

#2. RE: An Interlocal agreement with the Utah State Department of Health for the purchase of equipment to initiate an automatic defibrillator study.

 

ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Resolution 7 of 1986 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and the Utah State Department of Health for a grant to Salt Lake City Corporation for the purchase of equipment to initiate an automatic defibrillator study, which motion carried, all members voting aye.

 

DISCUSSION: Dr. Jeff Clawson demonstrated the equipment and said that this equipment indicates to firefighters what action should be taken on a patient. He said that the equipment had successfully been used in an actual case.

(C 86-11)

 

MAYOR’S OFFICE

 

#1. RE: An ordinance increasing the number of members on the Airport Authority Board.

 

ACTION: Councilmember Fonnesbeck moved and Councilmember Godfrey seconded to suspend the rules and on first reading adopt Ordinance 9 of 1986 amending Chapter 18 of Title 2 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to Airport Authority Board by increasing the number of members on the Board from seven to nine, which motion carried, all members voting aye.

(O 86-5)

 

#2. RE: Appointments and reappointments to the Airport Authority Board.

 

ACTION: Councilmember Fonnesbeck moved and Councilmember Mabey seconded to suspend the rules and on first reading approve the reappointments of Mirvin Borthick and Eddie Mayne and the appointments of Thomas K. Welch, Aline Skaggs (pending receipt of Ms. Skaggs financial statement), and Elaine Weis to the Airport Authority Board, which motion carried, all members voting aye.

 

DISCUSSION: Ms. Weis and Mr. Welch thanked the Mayor and Council for their appointments.

(I 86-1)

 

POLICE DEPARTMENT

 

#1. RE: An ordinance relating to financial and lending Institutions.

 

ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Ordinance 10 of 1986 amending Chapter 10 of Title 20 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to financial and lending institutions, by amending Section 20-10-5 relating to records to be maintained, which motion carried, all members voting aye.

(O 86-4)

 

#2. RE: An ordinance relating to Numismatic Dealers.

 

ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Ordinance 11 of 1986 amending Chapter 16 of Title 20 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to numismatic dealers, by amending Section 20-16-4 relating to records to be maintained, which motion carried, all members voting aye.

(O 86-2)

 

PUBLIC UTILITIES

 

#1. RE: Siting of future waste water treatment facility.

 

ACTION: Councilmember Mabey moved and Councilmember Stoler seconded to adopt a motion expressing the Council’s support for the location of a waste water treatment facility on a 225-acre site at approximately 4800 West and 300 South in Salt Lake City, which motion carried, all members voting aye.

(G 85-26)

 

PUBLIC WORKS

 

#1. RE: The bid for operating and maintaining Street lights in Special Lighting District #3.

 

ACTION: Councilmember Mabey moved and Councilmember Godfrey seconded to accept the UP & L bid of $514,259.40 for operating and maintaining street lights in Special Lighting District #3, which motion carried, all members voting aye except Councilmember Fonnesbeck who abstained.

(Q 85-16)

 

PUBLIC HEARINGS

 

Petition 206 of 1979 by the Salt Lake City Board of Education.

 

RE: A public hearing at 6:45 p.m. to obtain public comment regarding the request that Salt Lake City close 200 North for 530 feet east of 300 West.

 

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

 

Councilmember Fonnesbeck moved and Councilmember Kirk seconded to return this petition to planning and schedule it for the Council agenda on March 4, 1986 at 6:30 p.m., which motion carried, all members voting aye.

 

DISCUSSION: Mr. Vernon Jorgensen, planning director, outlined the area on a map and said that in 1980 the Planning Commission recommended that the street be vacated subject to conditions. He said that the conditions were not satisfied so the Board of Education has reactivated the petition. Mr. Jorgensen said that since 1980 there had been major changes in the traffic pattern due to the development of Triad and the freeway design. He said that the closure could cause major traffic problems but the street could be narrowed and still function.

 

Ron Walker, Salt Lake Board of Education said that vacating the Street would allow West High to improve its physical facilities. He urged the Council to reaffirm previous commitments. Randy Dixon, 726 Wall Street, asked the Council to consider traffic problems before they make a decision. Erltnda Davis, 358 West 500 North, supported the idea of narrowing the street rather than closing it.

 

The following people spoke in support of this request: Carl Child, Salt lake City School District Paul Hanks, 45 East 500 North Harold Trussel, 241 North 300 West.  Sixteen people, not wishing to speak, submitted Public Hearing Registration Forms indicating their support for this request.  Councilmember Bittner said that it was not the intention of the Council to do anything detrimental to West High. She said it was an asset to the city and they were proud of the student body. She said they wanted to work cooperatively to resolve this problem.

(P 85-258)

 

Petitions 400-348 of 1985 by Mary Lou Day and 400-370 of 1985 by Johansen, Thackeray & Mackenzie.

 

RE: A public hearing at 7:00 p.m. to obtain public comment regarding Petition 400-348 requesting the rezoning of property at 1450 South 2200 East (the Curtis School site) from “B-3” to “R-2” and Petition 400-370 requesting the rezoning of property located at approximately 2300 East and 1450 South from “R-2” to B-3”.

 

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

 

Councilmember Kirk moved to approve petition 400-348 by Mary Lou Day to rezone the Curtis School site from “B-3” to “R-2”, which motion failed due to the lack of a second.

 

Councilmember Bittner moved and Councilmember Godfrey seconded to approve Petition 400-370 by Johansen, Thackeray, and MacKenzie to rezone property at approximately 2300 East and 1450 South from “R-2” to “B-3” and hold the publication of the ordinance until the following two conditions have been satisfied: (1) At no cost to the city, the petitioner shall have transferred fee title to the city for the proposed park on 2200 East, and shall have posted a bond sufficient to guarantee their development of that park.  (2) The petitioner shall have filed a complete building permit application which is in compliance with the development plan presented to the City Council at this hearing, which motion carried, all members voting aye except Councilmember Kirk who voted nay.

 

Councilmember Kirk moved and Councilmember Bittner seconded to rezone from “B-3” to “R-2” only that portion of the Mary Lou Day petition which corresponds to the neighborhood park proposal on 2200 East which appears in the Johansen, Thackeray, and Mackenzie plan, which motion carried, all members voting aye.

 

DISCUSSION: Vernon Jorgensen, planning director, outlined the area on a map. He said that the property occupied by the old Curtis School was zoned “B-3” and the remainder of the block was zoned “R-2”. He said that the “B-3” zone has a height limit of 25 feet. Mr. Jorgensen said that the Planning Commission recommended that the “B-3’ zoning remain and the “R-2” zoning be changed to “B-3”. Councilmember Fonnesbeck asked what the property could be used for if it were all zoned “R-2”. Mr. Jorgensen indicated that the school could be removed and the property could be subdivided, although this would not be economically reasonable. He indicated that the uses which would be allowed for the school included a library, museum, or fire station; he said the school could not be used as a public office building.  The following people spoke in opposition to Petition 400-370 which would allow for the expansion of Foothill Village:  Matt Mathie, 2063 Logan Avenue; Brian Johnson, P.O. Box 7005; Stephen Behunin, 1318 Yuma Street; Seth Jarvis, 2159 Bryan Avenue; Byron Christianson, 2257 Kensington Avenue; Byron Gibbs, 2170 St. Mary’s Drive; Dale Russon, 2146 Browning Avenue; Cordell Clinger, 1365 South 2100 East; Blaine Fullmer, 1382 South 2200 East; Jim Mansfield, 2246 Roosevelt; Pat Reddick, (for Ellen Reddick - 2177 Roosevelt); Kay Mathie, 2063 Logan Avenue; Kelly Gardner, 1990 Browning Avenue; A. J. Limb, 2029 Logan Avenue; Golden Buchmiller, 2012 Logan Avenue; Alan Morris, 2787 Skyline Drive; L. W. Macfarlane, 2152 St. Mary’s Drive

 

Opinions were expressed that the school should remain so it could be used in the future since the area was growing with young families. Concern was expressed for the increase in traffic which would be caused by the expansion of Foothill and concern was expressed for the safety to the children in the area.  Comments were made that the shopping center did not need to expand because there were other areas to shop such as Sugar House.

 

The petitioners proposing the expansion of Foothill Village gave a slide presentation outlining their proposal. They showed how they would upgrade the shopping center and improve the parking and traffic flow. Their proposal included a park behind the shopping center which would act as a buffer for the residential area. They outlined their plan to relocate garbage dumpsters and loading docks. They also outlined their plan for landscaping.

 

The following people spoke in support of the Foothill Village expansion: Floyd Jensen, legal counsel for Mountain Bell; Pete Johnson, 1941 Yalecrest Avenue; Ronald Horton, 1325 Colonial Circle; Bart Warner, 2854 Oak Brook Circle; Timothy Brosnahan, 1065 Donner Way; Robert Thorup, 1460 Ken Rey Street; Paul Young, 1313 Colonial Drive.

 

John Hunt, owner of property which abuts the property in question, expressed concern that he be given more consideration by the developers regarding a buffer between his property and the development. There were 36 Public Hearing Registration Forms submitted by people who opposed the expansion of Foothill Village but did not wish to speak and there were 5 forms submitted by people who supported the expansion but did not wish to speak.

 

Councilmember Kirk mentioned that a moratorium had been passed In July for this area in order to give the neighborhood and the developers an opportunity to work out a compromise on this situation. However, she indicated that the immediate area was strongly opposed to the expansion of Foothill Village. Councilmember Fonnesbeck said that she felt strongly that Curtis School should be used as a school but she said that issue was not in the Council’s control. She said that Salt Lake City could not afford to buy the Curtis School property, which is owned by Mountain Bell. Mrs. Fonnesbeck expressed her opinion that rezoning Curtis School to “R-2” would not hold up in court and the Council could not stop the expansion of Foothill Village. She indicated that it was best to rezone the area east of Foothill so the expansion would take place to the east rather than to the west. Councilmember Bittner said that the Council had no control over the Board of Education and there had been no Indication by them that Curtis School would be re-opened. She thought it would be better to have a well-planned development and park than a vacant school.

(P 85-328 and P 85-329)

 

COMMENTS

 

#1. Councilmember Mabey suggested that Salt Lake City get a signal device, such as a siren, to alert the downtown area to toxic spills, if the situation were to occur.

 

#2. Bart Lower, 201 East 900 South, expressed his concern about the situation of the homeless.

 

The meeting adjourned at 10:30 p.m.