PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, JUNE 4, 1985
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, JUNE 4, 1985, AT 5:00 P.M. IN ROOM 211 CITY AND COUNTY BUILDING.
THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: RONALD WHITEHEAD THOMAS M. GODFREY GRANT MABEY ROSELYN N. KIRK SYDNEY R. FONNESBECK EDWARD W. PARKER EARL F. HARDWICK.
Council Chairperson Sydney Fonnesbeck presided at the meeting.
BRIEFING SESSION
#1. The Councilmembers viewed the fire department’s Hazardous Materials Unit from 5:00 to 5:30 p.m. in the parking area on the east side of the City and County Building.
#2. Ms. Carole Stokes, council executive director, briefed the Council on the evening’s agenda.
The briefing session adjourned at 6:00 p.m.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, JUNE 4, 1985, AT 6:00 P.M. IN ROOM 301 CITY AND COUNTY BUILDING.
THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: RONALD J. WHITEHEAD THOMAS M. GODFREY GRANT MABEY ROSELYN N. KIRK SYDNEY R. FONNESBECK EDWARD W. PARKER EARL F. HARDWICK.
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 Fonnesbeck presided at the meeting and Councilmember Parker conducted the meeting.
Pledge of Allegiance.
Approval of Minutes.
Councilmember Godfrey moved and Councilmember Mabey seconded to approve the minutes of the Salt Lake City Council for the regular meeting held Tuesday, May 21, 1985, which motion carried, all members voting aye.
(M 85-1)
Special Recognition
#1. The Council and Mayor recognized Ciaran Connelly who served as Mayor-For-A-Day on Tuesday, June 4, 1985. Mayor Wilson presented a proclamation to Ciaran and said that he did an excellent job.
PETITIONS
Petition 400-142 of 1983 by McIntyre Investors.
RE: The appeal of the Planning Commission’s denial of this petition which requests the vacation of Elizabeth Street running north from Wilmington Avenue.
Monroe Tucker, McIntyre Investors, said that they have acquired the corner property on either side of Elizabeth Street and they have over seven acres of property in this area. He indicated that they need this additional property in order to square up their property. In reference to a question about access into the area, he indicated that ingress and egress would be given according to City requirements.
Councilmember Whitehead said that he could not support this request without concrete plans for development of the area. He said that the City owns property in this area and Elizabeth Street is used for access to that property. He suggested that the petition be denied but the request be reconsidered when concrete plans are submitted. Gene Davis, chairman of the Sugar House Community Council, supported the postponement of action on the petition and suggested that this request should be considered in connection with the Sugar House Master Plan. Councilmember Fonnesbeck indicated that the Council will review the request again when a plan is submitted.
Councilmember Whitehead moved and Councilmember Kirk seconded to uphold the Planning Commission’s denial of this petition, which motion carried, all members voting aye.
(P 84-42)
Petition 400-292 of 1985 by American Development Company.
RE: The vacation of portions of Colfax Avenue and Roberta Street between 600 and 700 South just east of 2nd East.
Without objection, the Council scheduled a non-advertised public hearing for Tuesday, June 11, 1985, at 6:45 p.m. to discuss this petition.
(P 85-69)
Petition 400-310 of 1985 by Bush and Gudgell, Inc.
RE: The revision of zoning ordinances to allow construction of detached car washes in C-1 zones.
Without objection, the Council scheduled a public hearing for Tuesday, July 9, 1985, at 6:45 p.m. to discuss this petition.
(P 85-68)
DEPARTMENTAL BUSINESS
ATTORNEY’S OFFICE
#1. RE: An ordinance amending Sections 24-2-2, 24-3-2, and 24-3-4 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to municipal government.
Councilmember Godfrey moved and Councilmember Mabey seconded to pull this item from the agenda, which motion carried, all members voting aye.
(O 85-17)
CITY COUNCIL
#1. RE: An ordinance relating to license fee required for sale of fireworks.
Jim McConkie, representing Galaxy Fireworks, said that if the fee is raised it will be difficult to make a profit and stay in business in the Salt Lake City area. Mr. McConkie said it was hard for his client to understand how the City could justify the inspection costs and said that it would be inappropriate to raise the fee in order to prohibit the sale of fireworks. He said that legal fireworks do not cause fires to the same extent as illegal fireworks. He said when reputable dealers sell fireworks there is a safer alternative for the public and, in their opinion, causes fewer people to import more dangerous fireworks.
Mr. McConkie indicated that a high fee would penalize a client selling fireworks approved by the legislature but would not punish the vendors in Wyoming who sell fireworks which are illegal in Utah. He asked that the fees be lowered or at least be kept at the current level. Mr. McConkie said it was difficult to understand why Salt Lake City’s fee should be five to six times higher than other fees throughout the country. Councilmember Godfrey indicated that discussions with the Fire Chief have determined that it costs about $1,350 per stand for inspections because the stands have to be inspected each day due to violations. He added that because of these inspections the fire department can not do their regular inspection work during the month of July.
Ike Wong, Utah Pyrotechnics Association and an employee for Lantis Company, opposed the fee increase. He said that last year there were no citations issued to the Lantis Company and he said they recorded only two incidences when stands were visited or inspected by the fire department. Councilmember Mabey suggested that rather than increasing the fee violators could be fined and if they persist the stand could be closed. Roger Cutler, city attorney, said that there are misdemeanor violations which could be enforced but this would not solve the revenue problem. He said that the cost of regulation has to approximate the fees and charges of a regulatory license and he indicated that the Council will have the burden of proof regarding the costs.
Councilmember Godfrey moved and Councilmember Hardwick seconded to adopt Ordinance 42 of 1985, amending Section 20-38-2 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to license fee required for sale of fireworks by increasing the regulatory license fee from $350.00 to $1,000.00, which motion carried, all members voting aye.
(O 85-14)
DEVELOPMENT SERVICES
#1. RE: Adoption of a comprehensive amendment of Chapter 31, Title 51, of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to Salt Lake City’s Major Street Plan Official Map.
Without objection, the Council scheduled a public hearing for Tuesday, July 9, 1985, at 6:15 p.m. to discuss this issue.
(O 85-16)
PUBLIC UTILITIES
#1. RE: An interlocal agreement with Salt Lake County to provide law enforcement services for the watershed areas outside the city’s corporate limits.
Without objection, the Council adopted Resolution 62 of 1985 authorizing the execution of an interlocal cooperation agreement, third amendment, between Salt Lake County and Salt Lake City Corporation in which the county provides law enforcement services for the watershed areas outside the city’s corporate limits.
(C 82-392)
PUBLIC WORKS
#1. RE: Special Improvement District No. 40-R-7.
Councilmember Whitehead moved and Councilmember Mabey seconded to adopt Resolution 61 of 1985 to modify the boundaries and improvements from the descriptions thereof in the Notice of Intention; to create Salt Lake City, Utah, Concrete Replacement Special Improvement District No. 40-R-7, and to authorize construction of improvements as set forth in the Notice of Intention with modifications, which motion carried, all members voting aye.
(Q 85-3)
#2. RE: Curb and Gutter Extension No. 38-723.
Councilmember Kirk moved and Councilmember Whitehead seconded to adopt Ordinance 39 of 1985, confirming the equalized assessment rolls and levying a tax providing for the assessment of property in Salt Lake City, Utah, Curb and Gutter Extension No. 38-723 (local streets) for the purpose of paying the costs of the construction of curb and gutter, sidewalk, roadway and drainage facilities; and all other miscellaneous work necessary to complete the improvements in a proper and workmanlike manner; reaffirming the establishment of a special improvement guaranty fund; and establishing the effective date of this ordinance, which motion carried, all members voting aye.
(Q 82-32)
#3. RE: Curb and Gutter Extension No. 38-686.
Councilmember Whitehead moved and Councilmember Godfrey seconded to adopt Ordinance 41 of 1985, confirming the equalized assessment rolls and levying a tax providing for the assessment of property in Salt Lake City, Utah, Curb and Gutter Extension No. 38-686 (1300 South, 700 East to 1300 East) for the purpose of paying the costs of constructing improvements on certain streets within the municipality consisting of the paving of streets with bituminous surface course placed on compacted gravel base; constructing a drainage system, constructing curb and gutter and sidewalk; removing trees and all other existing nonconforming improvements; constructing drive approaches from the new curb and gutter to the street edge of sidewalks; and all other miscellaneous work necessary to complete the improvements in a proper and workmanlike manner; reaffirming the establishment of a special improvement guaranty fund; and establishing the effective date of this ordinance, which motion carried, all members voting aye except Councilmember Hardwick who was absent when the vote was taken.
(Q 82-35)
#4. RE: Curb and Gutter Extension No. 38-728.
Councilmember Whitehead moved and Councilmember Kirk seconded to adopt Ordinance 40 of 1985, confirming the equalized assessment rolls and levying a tax providing for the assessment of property in Salt Lake City, Utah, Main Street Beautification Curb and Gutter Extension No. 38-728 for the purpose of paying the costs of constructing improvements on certain streets within the municipality consisting of curb and gutter, decorative sidewalks, asphalt paving, landscaping, sprinkling system, improved lighting, decorative planters and fountains, improved drainage system and Street furniture, together with certain miscellaneous work necessary to complete the improvements in a proper and workmanlike manner; affirming the establishment of a special improvement guaranty fund; and establishing the effective date of this ordinance, which motion carried, all members voting aye.
(Q 84-2)
#5. RE: Interlocal agreement with Salt Lake County regarding cost sharing for drainage facilities on the 1300 South project.
Without objection, the Council adopted Resolution 63 of 1985 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and Salt Lake County relating to cost sharing for constructing facilities for draining storm and flood waters on the 1300 South project.
(C 85-232)
PUBLIC HEARINGS
Fiscal Year 1984-85 Budget.
RE: A resolution amending budgets of Salt Lake City, Utah, for the fiscal year beginning July 1, 1984, and ending June 30, 1985.
A public hearing was held at 6:30 p.m. to discuss the budget amendments. Albert Haines, chief administrative officer, explained that they generally open the budget twice during the fiscal year to identify new revenues, offset expenditure commitments and also to identify project areas which may or may not meet or exceed the budget as anticipated prior to the end of the fiscal year. Mr. Haines then outlined specific budget amendments. He said that they are recommending a contingency account transfer of $56,000 to fleet because of an anticipated cash shortage, the parks department can not bid a project until the next fiscal year so they are asking that the funds be transferred to the capital improvements fund, and the biggest adjustment of $1,260,000 is to correct an accounting problem in the appropriation of the Kennedy Drive project. No one from the audience addressed this issue.
Councilmember Whitehead moved and Councilmember Godfrey seconded to close the public hearing, which motion carried, all members voting aye.
Councilmember Whitehead moved and Councilmember Kirk seconded to adopt Resolution 64 of 1985 amending budgets of Salt Lake City, Utah, for the fiscal year beginning July 1, 1984, and ending June 30, 1985, which motion carried, all members voting aye.
(B 84-5)
Library Budget
RE: The proposed Fiscal Year 1985-86 budget for the Salt Lake City Public Library.
A public hearing was held at 7:00 p.m. to discuss this issue. Dennis Day, director of the Salt Lake City Public Library, explained the different proposed funding levels. Funding Level A would require 3.75 mills and would provide basic operational needs, address full pay parity with the City, and permit full time operation of Avenues and Anderson-Foothill branch libraries. Funding Level B would require 3.64 mills and would provide basic operational needs and address half pay parity with the City. Funding Level C would require 3.37 mills and would provide basic operational needs. Nancy Tessman asked that Level A be funded so the new Anderson-Foothill branch library can be open full time. She said that there is a great deal of enthusiasm and interest in the neighborhood for this library. Boyer Jarvis, president of the Salt Lake City Public Library Board, said that he appreciates the support of the City Council. B. T. Price opposed an increase in the mill levy. Bernice Cook did not object to having taxes raised in order to fund libraries but she did not think that enough people use the libraries or know about the resources which are available.
Councilmember Whitehead moved and Councilmember Godfrey seconded to close the public hearing, which motion carried, all members voting aye.
Councilmember Mabey moved and Councilmember Godfrey seconded to refer the library budget to the Committee of the Whole, which motion carried, all members voting aye.
(B 85-6)
CITIZEN COMMENTS
#1. Mr. George Crane spoke against changing Forest Dale Golf Course from a standard 9-hole course to an executive 18-hole course. He said that steps need to be taken to upgrade and improve the golf course. Councilmember Parker said that Mr. Cranes comments would be referred to the appropriate department.
#2. Mr. Larry Glenn was scheduled to address the Council but was not present when called upon to speak.
The meeting adjourned at 7:30 p.m.