PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, JULY 9, 1985
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, JULY 9, 1985, AT 5:00 P.M. IN ROOM 211 CITY AND COUNTY BUILDING.
THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: RONALD WHITEHEAD ROSELYN N. KIRK EARL F. HARDWICK EDWARD W. PARKER THOMAS M. GODFREY.
BRIEFING SESSION
#1. Carole Stokes briefed the Council on the evening’s agenda.
The briefing session adjourned at 5:55 p.m.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, JULY 9, 1985, AT 6:00 P.M. IN ROOM 301 CITY AND COUNTY BUILDING.
THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: RONALD J. WHITEHEAD ROSELYN N. KIRK EARL F. HARDWICK EDWARD W. PARKER THOMAS M. GODFREY.
Mayor Palmer DePaulis, Albert Haines, chief administrative officer, Judy Lever, assistant city attorney, Kathryn Marshall, city recorder, and Lynda Domino, chief deputy recorder, were present.
Councilmembers Mabey and Fonnesbeck were absent from the meeting.
Councilmember Whitehead conducted the meeting.
Police Chaplain Joel Moriyama 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 meetings held Tuesday, June 11, 1985, and Thursday, June 13, 1985, and for the special meeting held Monday, July 1, 1985, which motion carried, all members present voting aye.
(M 85-1)
Special Recognition
#1. The Council and Mayor recognized Phil Maresca, co-pilot of the hijacked TWA flight. Councilmember Whitehead read a resolution.
Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Resolution 77 of 1985 recognizing Phil Maresca, which motion carried, all members present voting aye.
(R 85-1)
PETITIONS
Petition 400-202 of 1984 by Northwest Community Council.
RE: An ordinance vacating an alley located at approximately 1200 West 470 North in Salt Lake City, Utah.
ACTION: Councilmember Godfrey moved and Councilmember Hardwick seconded to adopt Ordinance 50 of 1985 vacating an alley located at approximately 1200 West 470 North in Salt Lake City, Utah, and requiring certain conditions, which motion carried, all members present voting aye.
(P 85-15)
Petition 400-217 of 1984 by George Halles.
RE: The vacation of the south half of an alley located between Harrison Avenue and Cleveland Avenue and between 300 East and Blair Street.
ACTION: Councilmember Godfrey moved and Councilmember Hardwick seconded to schedule a public hearing for Tuesday, August 13, 1985, at 7:00 p.m. to discuss this petition, which motion carried, all members present voting aye.
(P 85-139)
Petition 400-260 of 1984 by Church of Jesus Christ of Latter-Day Saints, Robert Dyer.
RE: Ordinances vacating and closing an alley system located between Herbert Avenue and Williams Avenue and 200 East and 300 East.
ACTION: Councilmember Kirk moved and Councilmember Godfrey seconded to adopt Ordinance 51 of 1985 vacating an alley system between Herbert Avenue and Williams Avenue and 200 East and 300 East in Salt Lake City, Utah, and requiring certain conditions, which motion carried, all members present voting aye.
Councilmember Godfrey moved and Councilmember Hardwick seconded to adopt Ordinance 52 of 1985 closing an alley between Herbert Avenue and Williams Avenue and 200 East and 300 East in Salt Lake City, Utah, and requiring certain conditions, which motion carried, all members present voting aye.
(P 85-57)
Petition 400-275 of 1985 by Gaddis Investments.
RE: The vacation of two general utility easements and a railroad easement located on Lot 8, Berkeley Industrial Park No. 2 Subdivision.
ACTION: Councilmember Godfrey moved and Councilmember Hardwick seconded to schedule a public hearing for Tuesday, August 6, 1985, at 6:30 p.m. to discuss this petition, which motion carried, all members present voting aye.
(P 85-140)
Petition 400-277-A of 1985 by Sugar House Community Council.
RE: Rezoning of property located between 1300 South and 1700 South and between 700 East and 1100 East from various residential and business classifications to more restrictive residential classifications.
ACTION: Councilmember Godfrey moved and Councilmember Hardwick seconded to schedule a public hearing for Tuesday, August 13, 1985, at 6:30 p.m. to discuss this petition, which motion carried, all members present voting aye.
(P 85-138)
DEPARTMENTAL BUSINESS
CITY COUNCIL
#1. RE: An ordinance repealing Chapter 4 of Title 1 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to Animal Control Advisory Board.
ACTION: Without objection, Councilmember Whitehead referred this ordinance to the consent agenda for July 16, 1985.
(0 85-23)
#2. RE: An ordinance amending Section 51-9-1 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to a requirement to provide off-street parking space when a structure is constructed or an addition made to an existing structure.
ACTION: Without objection, Councilmember Whitehead referred this ordinance to the City Attorney and Planning Commission for review.
(O 85-24)
DEVELOPMENT SERVICES
#1. RE: The Historic Landmark Committee’s appeal of the Planning Commission’s decision in Petition 400-321 to allow angle parking at 220 - 222 South Temple within the South Temple Historic district.
ACTION: Councilmember Godfrey moved and Councilmember Hardwick seconded to schedule a public hearing for Tuesday, August 6, 1985, at 6:45 p.m. to discuss this appeal, which motion carried, all members present voting aye.
(G 85-18)
#2. RE: Heartland Apartments land write-down project.
ACTION: Councilmember Kirk moved and Councilmember Parker seconded to delete $70,000 from the Heartland infrastructure project and appropriate $70,000 from 10th Year CDBG slippage funds for the Heartland land write-down project, which motion carried, all members present voting aye.
DISCUSSION: Arlo Nelson, capital planning and programming, explained that the developers requested to delete the previously approved $70,000 block grant funding for off-site infrastructure improvements and use the money instead for the land write-down project as part of the property acquisition process which is taking place immediately. He mentioned that if the project is not constructed the funds would be returned to the City.
(T 85-18)
MAYOR’S OFFICE
#1. RE: Appointment of Elizabeth Ann Wolf to the Salt Lake City Municipal Solicitations Committee.
ACTION: Without objection, Councilmember Whitehead referred this appointment to the consent agenda for July 16, 1985.
(I 85-1l)
#2. RE: An ordinance amending Article 8 of the Traffic Code of the Revised Ordinances of Salt Lake City, Utah, 1965, by renumbering Section l60A to Section 160 and amending said section, and by adding a new Section 160.1 relating to handicap parking on private property, to enable the Salt Lake City Police Department to issue citations to vehicles illegally parked in handicap parking stalls on private property.
ACTION: Without objection, Councilmember Whitehead referred this ordinance to the consent agenda for July 16, 1985.
DISCUSSION: David Nicponski, chairman of the Mayor’s Committee on Handicap Concerns, said that the ordinance is comprehensive and addresses one of the Committee’s main objectives which is to provide parking not only for disabled but also for elderly people.
(O 85-22)
#3. RE: Sunnyside Recreation Special Service District.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to table this issue until September 1985, which motion carried, all members present voting aye except Councilmember Hardwick who voted nay.
DISCUSSION: Albert Haines explained that they wanted this tabled until September so that research could be completed regarding proposed boundaries, costs, and alternative funding options. Councilmember Whitehead indicated his feeling that a decision needs to be made in September regarding this issue. Councilmember Hardwick expressed his concern about the financial impact of this project.
(Q 83-27)
POLICE DEPARTMENT
#1. RE: An ordinance amending Sections 3, 4, 5, and 6 of Chapter 35 of Title 20 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to burglar alarm businesses.
ACTION: Without objection, Councilmember Whitehead referred this ordinance to the consent agenda for July 16, 1985.
(O 85-19)
PUBLIC UTILITIES
#1. RE: Interlocal agreement with Salt Lake County and South Jordan Canal Company to Improve the Jordan River.
ACTION: Councilmember Godfrey moved and Councilmember Hardwick seconded to adopt Resolution 80 of 1985 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation, Salt Lake County, and South Jordan Canal Company to dredge and otherwise improve the Jordan River, which motion carried, all members present voting aye.
(C 85-315)
#2. RE: Interlocal agreement with the State of Utah for an aid-to-construction agreement for a water main extension to the Utah State Board of Health’s new building.
ACTION: Councilmember Godfrey moved and Councilmember Hardwick seconded to adopt Resolution 81 of 1985 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and the State of Utah, Department of Administrative Services, Division of Facilities Construction and Management for an aid-to-construction agreement for a water main extension to furnish culinary water to the Utah State Board of Health’s new building at approximately Third North Redwood Road, which motion carried, all members present voting aye.
(C 85-316)
PUBLIC WORKS
#1. RE: Bids for Special Improvement District No. 38-760 (900 North - Starcrest to Redwood Road).
ACTION: Councilmember Godfrey moved and Councilmember Parker seconded to refer the bids to the City Engineer for tabulation and recommendation, which motion carried, all members present voting aye.
DISCUSSION: Albert Haines read the bids which were submitted by Workman Construction and Z.P. Smith and he recommended that they be referred to the City Engineer.
(Q 85-2)
#2. RE: Bids for Special Improvement District No. 40-R-7 (miscellaneous streets).
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to refer the bids to the City Engineer for tabulation and recommendation, which motion carried, all members present voting aye.
DISCUSSION: Albert Haines read the bids which were submitted by Rapp Construction, Workman Construction, and Z.P. Smith and he recommended that they be referred to the City Engineer.
(Q 85-3)
#3. RE: Special Improvement District 40-R-5 (miscellaneous streets).
ACTION: Councilmember Godfrey moved and Councilmember Parker seconded to adopt Resolution 78 of 1985 confirming the sale of $400,000 Special Assessment Bonds, Series 1985, for Salt Lake City, Utah, Special Improvement District, Concrete Replacement No. 40-R-5 (miscellaneous streets), dated August 1, 1985, and fixing the interest rate to be borne thereby, which motion carried, all members present voting aye.
DISCUSSION: Cheryl Cook, city treasurer, said that the low bid was submitted by Prudential-Bache Securities with a net effective interest rate of 7.71333% and she recommended that the $400,000 Special Assessment Bonds be awarded to Prudential-Bache.
(Q 83-4)
#4. RE: Curb and Gutter District No. 38-681 (1300 South).
ACTION: Councilmember Parker moved and Councilmember Kirk seconded to approve the Official Notice of Bond Sale, the Abbreviated Notice of Sale, the Official Statement for the $76,000 Special Assessment Bonds, Series 1985, of Salt Lake City, Utah, Curb and Gutter District No. 38-681 (1300 South), and authorize publication of the abbreviated notice of sale; and related matters, which motion carried, all members present voting aye.
(Q 82-34)
#5. RE: Curb and Gutter District No. 38-708 (Sugar House Beautification Project).
ACTION: Councilmember Kirk moved and Councilmember Godfrey seconded to approve the Official Notice of Bond Sale, the Abbreviated Notice of Sale, the Official Statement for the $836,000 Special Assessment Bonds, Series 1985, of Salt Lake City, Utah, Curb and Gutter District No. 38-708 (Sugar House Beautification Project), and authorize publication of the abbreviated notice of sale; and related matters, which motion carried, all members present voting aye.
(Q 83-3)
PUBLIC HEARINGS
Major Street Plan and Official Street Map.
RE: A public hearing held at 6:15 p.m. to obtain public comment concerning the proposed Major Street Plan and Official Street Map.
ACTION: Councilmember Godfrey moved and Councilmember Parker seconded to close the public hearing, which motion carried, all members present voting aye.
Councilmember Parker moved and Councilmember Godfrey seconded to refer this item to the Committee of the Whole, which motion carried, all members present voting aye.
DISCUSSION: Craig Peterson, director of development services, said that this is the first major update since 1966. He said that staff recommended the removal of the 2300 East right-of-way for widening, the removal of the 11th Avenue extension, and they recommended that the Council endorse the SLACC recommendation that all city and state improvement projects not designated on the map be completed within the existing right-of-way. Mayor DePaulis recommended that the Council consider removing the northern portion of the 11th Avenue extension for practical and fiscal reasons.
The following citizens commented on this issue: Steve Alder, 852 So. 2200 East, Sunnyside East District, supported preservation of neighborhood streets and expressed concern about traffic driving through the area to get to research park. Jack Grover, 1364 Gilmer Drive, Yalecrest Community Council, opposed further construction at the University of Utah and supported a satellite campus On the west side. Rawlins Young, 2135 South 19th East, Sugar House Community Council, supported leaving the potential right-of-way at 2300 East on the map, opposed the 11th Avenue extension, and suggested a no-growth policy for the east bench. Barry Esham, SLACC, read a letter from SLACC (on file in the Recorder’s Office) stating that one major objective of SLACC is the preservation of neighborhoods and endorsing the plan dependent upon several conditions.
David Wilding, Upland Industries, opposed the northerly extension of 3480 West. James Byrne, 912 Foothill Drive, Foothill/Sunnyside Council, opposed the 11th Avenue extension. Brian Farr, #9 East 500 North, opposed the 11th Avenue extension and additional traffic on Capitol Hill. Hermoine Jex, 272 Wall Street, opposed the 11th Avenue extension and the east university collector street. Councilmember Whitehead read a letter from Councilmember Fonnesbeck (on file in the Recorder’s Office) opposing the 11th Avenue extension and encouraging the Council to adopt intent language concerning state roads within City limits. Councilmember Kirk mentioned that many citizens in her district have expressed concern with the 2300 East extension and the 11th Avenue extension. She suggested that citizen response be taken into consideration since the community councils have been active in these issues for years.
(O 85-16)
Petition 400-310 of 1985 by Bush and Gudgell.
RE: A public hearing held at 6:45 p.m. to obtain public comment regarding this petition which requests a revision of the zoning ordinances to allow detached car washes as conditional uses in C-l zones.
ACTION: Councilmember Parker moved and Councilmember Kirk seconded to close the public hearing, which motion carried, all members present voting aye.
Councilmember Parker moved and Councilmember Whitehead seconded to adopt the ordinance. A substitute motion was made so there was no vote taken on this motion.
Councilmember Godfrey moved and Councilmember Hardwick seconded to refer this issue to the Committee of the Whole, which motion carried, all members present voting aye except Councilmember Parker who voted nay and Councilmember Whitehead who abstained from voting.
DISCUSSION: Mark Hafey, planning and zoning department, said the Planning Commission recommended that detached car washes be allowed as a conditional use in C-1 zones subject to conditions. He said presently the C-1 zone allows a one-bay car wash attached to a service station. Councilmember Hardwick expressed concern about these car washes in C-1 zones adjacent to residential zones. Councilmember Godfrey expressed concern about traffic. Ted Williams, Bush and Gudgell, said these automatic car washes would be token or code operated and are generally offered as a free service to customers. He said the detached unit allows for a better flow of traffic around the car wash, it is efficient and quiet, the car wash can be monitored better by the service station attendant, and there are no areas available where people can congregate to wipe of their cars after they have been washed.
(P 85-68)
Petition 400-274 of 1985 by Creative Inns/Calder Brothers.
RE: A public hearing held at 7:15 p.m. to discuss this petition which requests the annexation of 2.75 acres on the west side of Highland Drive at 3130 South, zoning the property C-1.
ACTION: Councilmember Godfrey moved and Councilmember Parker seconded to close the public hearing, which motion carried, all members present voting aye.
Councilmember Kirk moved and Councilmember Godfrey seconded to approve the annexation, adopt Amendment 5-A to the Master Annexation Policy Declaration, and direct the attorney to prepare the necessary ordinance subject to conditions recommended by the planning staff, which motion failed since a 2/3 vote of the entire Council (5 votes) is required. All members voted aye except Councilmember Whitehead who voted nay and Councilmembers Mabey and Fonnesbeck who were absent from the meeting.
Councilmember Whitehead moved and Councilmember Hardwick seconded to approve the annexation (excluding the property owned by Lee Christensen), adopt Amendment 5-A to the Master Annexation Policy Declaration, and direct the attorney to prepare the necessary ordinance subject to conditions recommended by the planning staff, which motion carried, all members present voting aye.
DISCUSSION: Mark Hafey, planning and zoning department, said that three properties are involved in the request but only two of the owners signed the petition; he mentioned that the third property was included in order to have even boundaries. He indicated that this petition meets state requirements regarding annexations and said that the Planning Commission recommended approval subject to conditions. Mr. Hafey said that the policy for this area is to eventually annex the property west of Highland Drive and North of 3300 South.
Lee Christensen, 2191 East Millstream Lane, opposed having his property annexed into Salt Lake City since he would be required to pay a franchise tax in connection with the heating bill for his 4-plex. Rawlins Young, Sugar House Community Council, expressed his opinion that piecemeal annexation is a poor policy and he raised a concern about residential areas and annexing schools into the City. Councilmember Whitehead said he did not want to force a property owner into Salt Lake City.
(P 85-71)
The meeting adjourned at 7:45 p.m.