PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
REGULAR/BRIEFING SESSION
TUESDAY, JUNE 14, 1988
The City Council of Salt Lake City, Utah, met as the Committee of the Whole on Tuesday, June 14, 1988, at 5:00 p.m. in Suite 300, City Hall, 324 South State.
The following Council Members were present: Florence Bittner Thomas Godfrey Wayne Horrocks Roselyn Kirk Sydney Fonnesbeck Willie Stoler Alan Hardman.
Council Chairperson Godfrey presided at the meeting.
BRIEFING SESSION
#1. Linda Hamilton, Executive Director, briefed the City Council on the evening’s agenda. She indicated that a number of the items had problems with them. Ms. Hamilton said that the item authorizing an Interlocal Cooperation Agreement with UDOT for the construction of a bridge over the surplus canal contained an error in the notice; the agenda stated that the project would be funded entirely by UDOT. In reality, the project would be funded in part by UDOT and in part by Salt Lake City. She indicated that the item should be pulled from the agenda, and placed on the July 5, 1988, calendar for action.
Ms. Hamilton said there was an error in the ordinance vacating a portion of the alley which ran adjacent to McClelland Avenue. She indicated that the City Attorney’s Office had corrected the ordinance, but that the Council should pull the item from the Consent Agenda and make the correction in the motion. On the two agenda items pertaining to the allocation of previous years’ CDBG slippage funds, Ms. Hamilton indicated that the funding for Calvary Towers elderly Housing project had inadvertently been left out of the meeting notice.
She indicated that City Attorney Roger Cutler had said it would be sufficient for the Council to indicate their intent to fund the project and ratify that funding allocation in their July 5, 1988, meeting. Councilmember Bittner said that she was concerned about the Council authorizing the additional funding for the project, as she had not heard anything about it in advance. Councilmember Hardman said he had been briefed by Reverend France Davis, and was comfortable with the project in his area.
Councilmember Bittner suggested that the intent express the Council’s willingness to fund the project if Councilmember Hardman and Council Chairperson Tom Godfrey were comfortable that the request for additional funds had been processed correctly and that the project itself met all Council goals and priorities. Councilmember Bittner indicated that her understanding of the agenda item allocating $300,000 to the Housing Development Corporation for the Elderly Housing Project had been that the Council was going to schedule the proposal for discussion rather than action. Craig Peterson, Director of Development Services, indicated that delaying the allocation would be acceptable to the Administration; they would welcome the opportunity to discuss the proposal in more detail with Council Members.
#2. The City Council reviewed proposed layouts for their office space in the renovated City & County Building. Linda Hamilton, Executive Director, pointed out that the design firm had laid out the office space in accordance with the Council’s majority decision to utilize as many private offices as possible. It was not, however, efficient from an office management standpoint, because the reception area was approximately 100 yards from the rest of the staff.
Councilmember Stoler said that before her departure, Councilmember Bittner had asked him to express her concern about space allocations to the rest of the Council. He indicated that Councilmember Bittner would like to pursue the question of who had final authority to allocate space to different City entities in the Building. She was concerned that, in telling the Council they could not have additional space in the building, the Mayor had violated his constitutional powers.
Councilmember Godfrey said that the question of final authority was a larger issue which could be addressed later, after Councilmember Bittner’s return from vacation, but that the Council needed to settle the question of the number of panel systems and work stations to be ordered by the design firm immediately. The Council agreed that the two private corner offices would be allocated to Council Staff, and that the third private office would be used as private meeting space for the City Council. The Council also agreed that all seven Council Members would have work stations in the large vaulted area with original furnishings. Two members of the Council staff would have fully equipped work stations in the northern most large office, and existing furniture would be placed in the reception area and private offices.
The meeting adjourned at 6:00 p.m.
The City Council of Salt Lake City, Utah, met in regular session on Tuesday, June 14, 1988, at 6:00 p.m. in the City Council Chambers, City Hall, 324 South State Street.
The following Council Members were present: Wayne Horrocks Tom Godfrey Sydney Fonnesbeck Roselyn Kirk Alan Hardman Willie Stoler.
Roger Cutler, city attorney, Kathryn Marshall, city recorder, and Lynda Domino, chief deputy city recorder, were present. Mayor DePaulis and Councilmember Bittner were absent from the meeting.
Councilmember Godfrey presided at and Councilmember Horrocks conducted the meeting.
The Council led the Pledge of Allegiance.
PETITIONS
Petition 400-350 by Harold Wilkinson.
RE: A request that Salt Lake City close a portion of Elgin Avenue located west of 1100 East and close a dead-end stub of 1100 East street south of Elgin Avenue.
ACTION: Councilmember Godfrey moved and Councilmember Hardman seconded to set a date for a public hearing to be held Tuesday, July 12, 1988, at 6:20 p.m., which motion carried, all members present voted aye.
(P 88-146)
Petition 400-545 by the Church of Jesus Christ of Latter-Day Saints.
RE: An ordinance vacating a portion of an alley located north of 1078 McClelland and repealing Bills 85 of 1987 and 18 of 1988.
ACTION: Councilmember Fonnesbeck moved and Councilmember Godfrey seconded to adopt Ordinance 45 of 1988 vacating a portion of an alley located north of 1078 McClelland in Lot 16, Block 17, 5 Acre Plat “A”, Big Field Survey, and repealing Bills 85 of 1987 and 18 of 1988, which motion carried, all members present voted aye.
(P 87-299)
Petition 400-574 by Howard Lund.
RE: A request that Salt Lake City rezone 4.5 acres of property located at 2315 East 1300 South from Residential “R-l” to Residential “R-1A” to develop 2.2 acres as a single-family planned unit development.
ACTION: Councilmember Godfrey moved and Councilmember Hardman seconded to set a date for a public hearing on July 5, 1988, at 6:20 p.m., which motion carried, all members present voted aye.
(P 88-147)
Petition 400-597 by Yeates and Priest Development.
RE: A request that Salt Lake City rezone property at 1300 South State Street from “C-3”, “R-7”, and “R-2” to Commercial “C-1”.
ACTION: Councilmember Godfrey moved and Councilmember Hardman seconded to set a date for a public hearing to be held Tuesday, July 12, 1988, at 6:30 p.m., which motion carried, all members present voted aye.
(P 88-149)
DEPARTMENTAL BUSINESS
AIRPORT AUTHORITY
#1. RE: The proposed issuance by Salt Lake City, Salt Lake County, Utah, of its airport revenue bonds to finance the costs of certain airport facilities.
ACTION: Councilmember Kirk moved and Councilmember Godfrey seconded to suspend the rules and on first reading adopt Resolution 68 of 1988 providing for a public hearing to be held Tuesday, July 12, 1988, at 6:00 p.m. on the proposed issuance by Salt Lake City, Salt Lake County, Utah, of its airport revenue bonds to finance the costs of certain airport facilities at the Salt Lake City International Airport, and related matters, which motion carried, all members present voted aye.
(Q 88-4)
DEVELOPMENT SERVICES
#1. RE: An interlocal agreement between Salt Lake City and Salt Lake County for distributing Salt Lake County’s “Emergency Shelter Grants Program” (ESGP) funds to the Greater Salt Lake Area Shelter the Homeless Committee for the Homeless Shelter project.
ACTION: Councilmember Godfrey moved and Councilmember Hardman seconded to adopt Resolution 65 of 1988 authorizing the execution of the interlocal agreement, which motion carried, all members present voted aye.
(C 88-313)
#2. RE: A motion appropriating $100,000 to Westside Street Improvements, $85,000 to Euclid Street Improvements, and $80,000 to East Central Street - 8th East and Lake Street Curb, Gutter, and Sidewalk projects from 13th Year Community Development Block Grant slippage funds.
ACTION: Without objection Councilmember Horrocks pulled this from the agenda.
(T 88-12)
#3. RE: A motion appropriating all previous year’s CDBG slippage funds for the Housing Development Corporation elderly housing project ($300,000) and the Rape Crisis Center ($43,000).
ACTION: Councilmember Hardman moved and Councilmember Fonnesbeck seconded to express the Council’s intent, by letter, to fund the Calvary Towers additional land write-down project out of Community Development Block Grant slippage funds at $33,000 contingent upon the satisfaction of Council Member Alan Hardman and Council Chairperson Tom Godfrey that the Council’s concerns and priorities have been met, which motion carried, all members present voted aye. Without objection Councilmember Horrocks referred the agenda item to the Committee of the Whole.
DISCUSSION: Roger Cutler, city attorney, explained that the reason for the intent regarding Calvary Towers was to assure the developers so they could proceed with their plan. He said this issue was not noticed adequately and needed to be rescheduled in order to meet the open meetings statute.
(T 88-13)
FINANCE
#1. RE: An ordinance amending Chapter 61 of Title 5 dealing with licensing sexually oriented businesses and employees.
ACTION: Councilmember Godfrey moved and Councilmember Fonnesbeck seconded to suspend the rules and on first reading adopt Ordinance 36 of 1988 amending Chapter 61 of Title 5 of the Salt Lake City Code dealing with licensing sexually oriented businesses and employees as passed by Bill No. 21 of 1988, which motion carried, all members present voted aye.
(O 88-22)
#2. RE: Salt Lake City, Salt Lake County, Utah, Tax and Revenue Anticipation Notes, Series 1988.
ACTION: Councilmember Fonnesbeck moved and Councilmember Godfrey seconded to adopt Resolution 69 of 1988 accepting bids, awarding and authorizing the issuance and sale of not to exceed $17,000,000, Salt Lake City, Salt Lake County, Utah, Tax and Revenue Anticipation Notes, Series 1988; fixing the interest rate to be borne thereby; providing for the form of note and related matters, which motion carried, all members present voted aye.
DISCUSSION: Lance Bateman, finance director, recommended that the Council award the sale to Morgan Stanley & Co. of New York. He said the interest rate was fixed at 5.289%.
(R 88-4)
#3. RE: A motion to amend Fiscal Year 1988-89 Budgets in the event previous actions were vetoed by the Mayor, actions produced a budget which didn’t balance, or the Council was unable to reach consensus on June 13, 1988.
ACTION: This item was pulled from the agenda.
(B 88-5)
FIRE DEPARTMENT
#1. RE: An interlocal cooperation agreement between Salt Lake City Corporation and Salt Lake County Corporation to exchange services between Salt Lake City and the unincorporated areas of Salt Lake County, such services to be a joint response team to respond to emergencies involving hazardous materials with trained city and county personnel and procedures.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to suspend the rules and on first reading adopt Resolution 67 of 1988 authorizing the execution of the interlocal agreement, which motion carried, all members present voted aye.
(C 88-243)
MAYOR’S OFFICE
#1. RE: A resolution of the Board of Trustees of the Municipal Building Authority of Salt Lake City, Salt Lake County, Utah, amending the agreement for the purchase and sale of street lighting facilities. And a resolution of the Board of Trustees of the Municipal Building Authority of Salt Lake City, Salt Lake County, Utah, executing the third amendment to sale agreement between the Authority and Pacific Northwest Realty Corporation, which amendment permits representatives of the city to gain access to the public safety building for the purpose of performing certain work.
ACTION: Councilmember Godfrey moved and Councilmember Fonnesbeck seconded to adopt a motion adjourning as the City Council and convening as the Municipal Building Authority Board, which motion carried, all members present voted aye.
Councilmember Kirk moved and Councilmember Horrocks seconded to adopt Resolution 71 of 1988 of the Board of Trustees of the Municipal Building Authority of Salt Lake City, Salt Lake County, Utah, amending the agreement for the purchase and sale of street lighting facilities, which motion carried, all members present voted aye.
Councilmember Kirk moved and Councilmember Horrocks seconded to adopt Resolution 72 of 1988 of the Board of Trustees of the Municipal Building Authority of Salt Lake City, Salt Lake County, Utah, executing the third amendment to sale agreement between the Authority and Pacific Northwest Realty Corporation, which amendment permits representatives of the city to gain access to the public safety building for the purpose of performing certain work, which motion carried, all members present voted aye.
Councilmember Stoler moved and Councilmember Kirk seconded to adopt a motion adjourning as the Municipal Building Authority Board and reconvening as the Salt Lake City Council, which motion carried, all members present voted aye.
PUBLIC UTILITIES
#1. RE: An interlocal cooperation agreement between Salt Lake City Corporation and the Metropolitan Water District of Salt Lake City for the exchange of part of the City’s water rights in Utah Lake for part of Metropolitan Water District’s water rights in Little Dell Dam.
ACTION: Councilmember Godfrey moved and Councilmember Hardman seconded to adopt Resolution 66 of 1988 authorizing the execution of the interlocal agreement, which motion carried, all members present voted aye.
(C 88-314)
#2. RE: An interlocal cooperation agreement between Salt Lake City Corporation and the Metropolitan Water District of Salt Lake City for the MWD to drill a well and provide water to the City therefrom.
ACTION: Councilmember Godfrey moved and Councilmember Hardman seconded to adopt Resolution 59 of 1988 authorizing the execution of the interlocal agreement, which motion carried, all members present voted aye.
(C 88-256)
PUBLIC WORKS
#1. RE: An interlocal cooperation agreement between Salt Lake City Corporation and Utah Department of Transportation to provide for a bridge replacement over the surplus canal at Indiana Avenue, to be paid for by UDOT and thereafter maintained by the City.
ACTION: Without objection Councilmember Horrocks pulled this from the agenda and rescheduled it for July 5, 1988.
(C 88-242)
#2. RE: An interlocal cooperation agreement between Salt Lake City Corporation and the Utah Department of Transportation (Research and Materials Division) for UDOT to test certain materials submitted by the City.
ACTION: Councilmember Godfrey moved and Councilmember Hardman seconded to adopt Resolution 60 of 1988 authorizing the execution of the interlocal agreement, which motion carried, all members present voted aye.
(C 88-315)
#3. RE: An interlocal cooperation agreement between Salt Lake City Corporation and the Utah Department of Transportation to provide for the installation of flashing signal lights with gates, railroad crossing rehabilitation and related work for the Union Pacific crossing at or near 910 South 900 West in Salt Lake City.
ACTION: Councilmember Godfrey moved and Councilmember Hardman seconded to adopt Resolution 63 of 1988 authorizing the execution of the interlocal agreement, which motion carried, all members present voted aye.
(C 88-309)
#4. RE: An interlocal cooperation agreement between Salt Lake City Corporation and the Utah Department of Transportation wherein UDOT will provide materials and installation of street lights on all four corners of the intersection of 1300 East and 500 South and Salt Lake City Corporation will provide the electrical power and maintenance.
ACTION: Councilmember Godfrey moved and Councilmember Hardman seconded to adopt Resolution 61 of 1988 authorizing the execution of the interlocal agreement, which motion carried, all members present voted aye.
(C 88-312)
#5. RE: An interlocal cooperation agreement between Salt Lake City Corporation and Utah Department of Transportation wherein the Utah Department of Transportation will provide materials and installation of street lights at the northeast and southwest corners of the intersection at 500 South and 300 West, and the southwest corner of the intersection of 600 South and 200 West; Salt Lake City Corporation will provide the electrical power and maintenance.
ACTION: Councilmember Godfrey moved and Councilmember Hardman seconded to adopt Resolution 62 of 1988 authorizing the execution of the interlocal agreement, which motion carried, all members voted aye.
(C 88-311)
#6. RE: An interlocal cooperation agreement between Salt Lake City Corporation and the Utah Department of Transportation under which UDOT will provide materials and installation of a street light at the northwest corner of the intersection of State Street and 1700 South and Salt Lake City Corporation will provide the electrical power and maintenance.
ACTION: Councilmember Godfrey moved and Councilmember Hardman seconded to adopt Resolution 64 of 1988 authorizing the execution of the interlocal cooperation agreement, which motion carried, all members present voted aye.
(C 88-310)
#7. RE: An ordinance amending the Uniform Fire Code relating to permits, fees and regulations for blasting.
ACTION: Councilmember Fonnesbeck moved and Councilmember Kirk seconded to adopt Ordinance 46 of 1988 adding Section 18.44.105 to the Salt Lake City Code, 1988, amending the Uniform Fire Code relating to permits, fees and regulations for blasting, which motion carried, all members present voted aye.
(O 87-26)
#8. RE: Special Improvement District No. 38-830, West Temple/Pierpont Beautification; resolution conditionally accepting a bid for construction work and authorizing execution of a construction contract.
ACTION: Without objection Councilmember Horrocks referred this matter to the City Engineer.
DISCUSSION: Rick Johnston, deputy city engineer, said Gibbons and Reed Co. submitted the only bid for this project, which was in the amount of $1,605,966. He said this was considerably higher than the engineer’s estimate which was $1,206,727 and he recommended that the Council not adopt the resolution.
(Q 88-3)
#9. RE: Special Improvement District 40-R-16 - Avenues.
ACTION: Councilmember Fonnesbeck moved and Councilmember Hardman seconded to adopt Resolution 70 of 1988 conditionally accepting a bid for construction work and, subject to approval of the City Engineer, authorizing execution of a construction contract for construction of improvements of Salt Lake City, Utah, Special Improvement District, Concrete Replacement No. 40-R-16, Avenues area, as set forth in the Notice of Intention, for issuance of interim warrants and for the addition of the interest thereon to assessable costs, which motion carried, all members present voted aye.
DISCUSSION: Rick Johnston, deputy city engineer, said they received three bids for this project. D. Thomas Flynn bid $489,623, Workman Construction bid $519,301.50, and Huber and Rowland Construction bid $769,283.50. He said the engineer’s estimate was $530,837.50 and he recommended D. Thomas Flynn since they were low bidder.
(Q 88-2)
PUBLIC HEARINGS
Petition 400-577 by Ralph Gisseman.
RE: A public hearing at 6:20 p.m. to obtain comments concerning the request that Salt Lake City vacate a portion of Arapahoe Avenue that is adjacent to the petitioner’s property at 644 Camarilla Circle.
ACTION: Councilmember Fonnesbeck moved and Councilmember Hardman seconded to close the public hearing, which motion carried, all members present voted aye.
Councilmember Kirk moved and Councilmember Fonnesbeck seconded to adopt Ordinance 47 of 1988 closing a portion of Arapahoe Avenue adjacent to 644 Camarilla Circle, subject to the conditions required in the Planning Commission’s recommendation, which motion carried, all members present voted aye.
DISCUSSION: Janice Jardine, planning and zoning department, outlined the area and adjacent property owners on a map. She said all appropriate city departments reviewed the petition and the Planning Commission recommended approval with conditions: that an easement be granted to Salt Lake City Public Utilities Department for maintenance and service of the existing water line; that an easement be granted to the Brighton Northpoint Canal Company for maintenance and service to the existing canal;
that a restrictive covenant be placed on the parcel stating that the property may not be used as a building lot; that existing street improvements be removed and new curb, gutter and sidewalk be constructed with a 25-foot radius, and that no driveways be installed without approval from the transportation and engineering departments; and that a parking strip and landscaped front-yard setback be installed. Ms. Jardine said the petitioner asked if he could delay making the improvements and she said transportation and engineering would allow the construction of the new improvements to be delayed if the petitioner posted a letter of credit or cash bond to cover construction costs, with construction to be completed by October 15, 1988.
She said the property would be closed and sold to the petitioner who wanted to use it for a garden. She said there was no opposition to this request and said the mobile home park owner signed the petition and indicated he would work out an agreement with the petitioner so the petitioner could have the entire piece of property. Councilmember Fonnesbeck asked who would hold the restrictive covenant and Ms. Jardine said this would be handled through the real property department. No one from the audience spoke about this issue; the petitioner was not present.
(P 88-76)
Budget Amendments Fiscal Year 1987/88.
RE: A public hearing at 6:30 p.m. to obtain comments concerning proposed amendments to the Fiscal Year 1987/88 budget.
ACTION: Councilmember Fonnesbeck moved and Councilmember Hardman seconded to close the public hearing, which motion carried, all members present voted aye.
Councilmember Kirk moved and Councilmember Godfrey seconded to adopt Resolution 73 of 1988 amending the budget of Salt Lake City, Utah, for the fiscal year beginning July 1, 1987, and ending June 30, 1988, which motion carried, all members present voted aye.
DISCUSSION: Lance Bateman, finance director, said the CDBG items pulled off this meeting’s agenda (agenda item F-5) were included in the budget with correct figures. He said the budget amendment would offset the shortfall in revenues and handle other items the Council discussed in their briefing session. No one from the audience addressed this issue.
(B 87-5)
COMMENTS
#1. Faye Nichols, chairperson of the People’s Freeway Community Council, said a concerned citizen called her about the playground equipment in Pioneer Park. This citizen was afraid that the undesirable people who loitered in the park would jeopardize the safety of the children playing there and thought the playground equipment should be removed. She also said this same citizen felt people using AMTRAC were getting a bad first impression of the city when they walk by Pioneer Park. Councilmember Horrocks said he had feedback that AMTRAC employees were telling their passengers not to walk by Pioneer Park. He said he would personally check into this.
#2. Reverend France Davis updated the Council about the Calvary Towers project, 30 units of senior citizen housing on 500 East and 700 South. He said they were still in process with the funding proposal and were about $33,000 short; he said the federal government and Salt Lake City had committed funds plus they put $250,000 of their own money into the project. He said the plans were drawn and they would be available in the Council Office. Councilmember Hardman said the Reverend had arranged time to review the plans with the Council.
#3. Dennis Levitt, 4478 Summerwood Street, said after 22 years of experience and research he had developed a preventative maintenance system for cars which was designed to reduce maintenance and operating costs. He explained that regarding transportation vehicle maintenance the city took the low initial bid but in the long- run they paid more in labor and down time. He said he had designed many new vehicle parts which would last longer and therefore double or triple the life of the vehicle. He said the initial cost of his system was more expensive than the low bid but in the long run maintenance would be less expensive.
Councilmember Fonnesbeck said Mr. Levitt had a good idea but he would need to work with the Mayor’s Office. She asked him to leave his name and address with the Council so they could refer the information to the Mayor and suggest that he have Mr. Levitt talk to Rodger Neve, director of administrative services.
The meeting adjourned at 7:00 p.m.