PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
REGULAR/BRIEFING SESSION
TUESDAY, MARCH 1, 1988
The City Council of Salt Lake City, Utah, met as the Committee of the Whole on Tuesday, March 1, 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
Linda Hamilton, Executive Director, briefed the Council on the evening’s agenda. She told Council members that they would consider adopting a resolution authorizing an interlocal cooperation agreement between Salt Lake City Corporation and the Utah Department of Transportation, allowing for re-adjustment of the City’s manhole covers, rings, storm sewer cleanout boxes and water valves after paving by UDOT. The adjustments would be at UDOT’s expense. She told the Council that the interlocal agreement would be renewable on a yearly basis.
Ms. Hamilton told Council Members that they would consider adopting a resolution authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and the Water Resources Development Corporation to provide cloud seeding over the City’s watershed areas during March and April of 1988. Ms. Hamilton told the Council that if the agreement was approved the cloud seeding would begin on March 2, 1988.
Councilmember Hardman asked how much snow the cloud seeding was projected to produce. LeRoy Hooton, Public Utilities Director, said that the project could produce 10-15% additional snow. He said, however, that the amount of snow produced by cloud seeding would depend upon the strength and number of natural storms which developed along the Wasatch Front.
The Council discussed a resolution declaring the intention of the City Council to create Special Improvement District Concrete Replacement No. 40-R-16. Councilmember Fonnesbeck said that the neighborhood was not notified that creation of the Special Improvement District would result in the uprooting of thirty trees. She told the Council that eight trees had already been removed.
Max Peterson, City Engineer, told the Council that the Shade Tree Division should have been notified by Utah Power and Light, who had removed the trees, prior to removal of the trees. Councilmember Fonnesbeck indicated that she had talked to Steve Schwab, Director of the Shade Tree Division, and he was not notified of the tree removal. She added that Utah Power and Light removed the trees. Mr. Peterson told the Council that he would work out method by which the City can be notified prior to tree removal.
Mr. Peterson told the Council that Special Improvement District 38-830 was the downtown beautification project. Councilmember Alan Hardman asked Mr. Peterson if the foot traffic would be disrupted for downtown businesses during work on the Special Improvement District. Mr. Peterson said that disruption would occur, however, the City would try to minimize it. Councilmember Roselyn Kirk said that the downtown businesses knew that foot traffic would be disrupted yet they still supported creation of the SID.
The meeting adjourned at 6:00 p.m.
The City Council of Salt Lake City, Utah, met in regular session on Tuesday, March 1, 1988, at 6:00 p.m. in the City Council Chambers, City Hall, 324 South State Street.
The following Council Members were present: Florence Bittner Thomas Godfrey Wayne Horrocks Roselyn Kirk Sydney Fonnesbeck Willie Stoler Alan Hardman.
Mayor Palmer DePaulis, Roger Cutler, city attorney, Lynda Domino, chief deputy city recorder, and S. R. Kivett, deputy recorder, were present.
Council Chairperson Godfrey presided at the meeting and Councilmember Kirk conducted the meeting.
The Council led the Pledge of Allegiance.
Approval of Minutes
Councilmember Godfrey moved and Councilmember Hardman seconded to approve the minutes of the Salt Lake City Council for the regular meeting held Tuesday, February 16, 1988, which motion carried, all members present voted aye.
(M 88-1)
PETITIONS
Petitions 400-349 and 400-351 by Harold Wilkinson.
RE: Annexing portions of Elgin and Austin Avenues to Salt Lake City and establishing an “R-2” zoning classification (Brickyard area west of 1100 East).
ACTION: Councilmember Godfrey moved and Councilmember Horrocks seconded to suspend the rules and on first reading adopt Resolution 21 of 1988 accepting the Wilkinson Annexation petitions for purposes of City Council review; and set a date for a public hearing to be held Tuesday, April 5, 1988, at 6:20 p.m., which motion carried, all members voted aye.
DISCUSSION: This item had been listed on the consent agenda as item D-3, however, it was re-advertised on an amended agenda as item E-13. At the time the Council adopted the consent agenda they pulled agenda item D-3 and only considered this issue from the amended notice (E-13).
(P 88-27 & P 88-28)
DEPARTMENTAL BUSINESS
FINANCE DEPARTMENT
#1. RE: A proposed resolution amending budgets of Salt Lake City, Utah, for the fiscal year beginning July 1, 1987, and ending June 30, 1988.
ACTION: Councilmember Godfrey moved and Councilmember Bittner seconded to set a date for a public hearing to be held Tuesday, March 8, 1988, at 6:20 p.m., which motion carried, all members voted aye.
(B 87-5)
MAYOR’S OFFICE
#1. RE: A resolution adopting recommendations for Salt Lake City Watershed Management Plan.
ACTION: Councilmember Godfrey moved and Councilmember Bittner seconded to set a date for a public hearing to be held Tuesday, April 5, 1988, at 6:40 p.m. which motion carried, all members voted aye.
(C 87-678)
#2. RE: The reappointments of Tom Welch and Elaine Weis to the Airport Authority Board.
ACTION: Councilmember Horrocks moved and Councilmember Bittner seconded to refer the reappointment of Elaine Weis to the Committee of the Whole, which motion carried, all members voted aye except Councilmembers Godfrey and Fonnesbeck who voted nay.
Councilmember Horrocks moved and Councilmember Godfrey seconded to refer the reappointment of Tom Welch to the consent agenda, which motion carried, all members voted aye.
(I 88-8)
#3. RE: The appointment of C. Reuel Ware to the Central Business Improvement District.
ACTION: Without objection Councilmember Kirk referred this appointment to the Committee of the Whole.
(I 88-9)
#4. RE: The appointment of Nancy L. Saxton to the Community Development Advisory Committee.
ACTION: Without objection Councilmember Kirk referred this appointment to the Committee of the Whole.
(I 88-3)
#5. RE: The appointments of Fred Sanford and George Marks to the Golf Advisory Board.
ACTION: Without objection Councilmember Kirk referred these appointments to the Committee of the Whole.
(I 88-10)
#6. RE: The reappointment of Randall Dixon and the appointment of Ranch Kimball to the Historical Landmarks Committee.
ACTION: Councilmember Fonnesbeck moved and Councilmember Hardman seconded to refer Randall Dixon’s reappointment to the consent agenda and Ranch Kimball’s appointment to the Committee of the Whole, which motion carried, all members voted aye.
(I 88-11)
#7. RE: The reappointment of Byron Haslam to the Mosquito Abatement Board.
ACTION: Without objection Councilmember Kirk referred this reappointment to the consent agenda.
(I 88-12)
#8. RE: The appointment of Laird Snelgrove to the Sugar House Park Authority Board.
ACTION: Without objection Councilmember Kirk referred this appointment to the Committee of the Whole.
(I 88-13)
#9. RE: The reappointment of Conrad Harrison to the Tracy Aviary Board.
ACTION: Without objection Councilmember Kirk referred this reappointment to the consent agenda.
(I 88-4)
#10. RE: The appointment of C. Phillip Bamberger to the Utah Air Travel Commission.
ACTION: Without objection Councilmember Kirk referred this appointment to the Committee of the Whole.
(I 88-1)
#11. RE: The appointment of Richard Howa to the Planning Commission.
ACTION: Without objection Councilmember Kirk referred this appointment to the Committee of the Whole.
(I 88-7)
PUBLIC UTILITIES
#1 RE: An interlocal cooperation agreement between Salt Lake City Corporation and the Utah Department of Transportation to readjust city manhole covers, rings, storm sewer cleanout boxes and water valves after paving by UDOT and at UDOT expense.
ACTION: Councilmember Godfrey moved and Councilmember Bittner seconded to adopt Resolution 17 of 1988 authorizing the execution of the interlocal cooperation agreement with the Utah Department of Transportation, which motion carried, all members voted aye.
(C 88-59)
#2. RE: An interlocal cooperation agreement between Salt Lake City Corporation and Water Resources Development Corporation to provide cloud seeding over the city’s watershed areas during March and April of 1988.
ACTION: Councilmember Godfrey moved and Councilmember Bittner seconded to adopt Resolution 18 of 1988 authorizing the execution of the interlocal cooperation agreement with Water Resources Development Corporation, which motion carried, all members voted aye.
(C 88-68)
PUBLIC WORKS
#1. RE: Special Improvement District 38-830, for downtown beautification (West Temple, Pierpont Avenue, and South Temple)
ACTION: Councilmember Godfrey moved and Councilmember Horrocks seconded to suspend the rules and on first reading adopt Resolution 19 of 1988 declaring the intention of the City Council of Salt Lake City to construct improvements on certain streets consisting of the removal, replacement or reconstruction of curb, gutter, and defective sidewalk, driveways, driveway approaches and appurtenances; underground vault work; installation of lighting fixtures, tree grates, street landscaping, underground sprinkling systems, utility relocation, underground wiring, conduit and junction boxes to existing poles with no increase in Street lighting power and all other miscellaneous work necessary to complete the improvements to create Salt Lake City, Utah, Special Improvement District No. 38-830 to defray the cost and expenses of said improvement district by special assessments to be levied against the property benefited by such improvements; to provide notice of intention to authorize such improvements and to set April 19, 1988 at 6:00 p.m. as a time for protest against such improvements of the creation of said district; to authorize advertisement of construction bids and related matters, which motion carried, all members voted aye.
(Q 88-3)
#2. RE: Special Improvement District No. 40-R-l6, Avenues area from “E” Street to “I” Street between 3rd and 7th Avenues.
ACTION: Councilmember Godfrey moved and Councilmember Horrocks seconded to suspend the rules and on first reading adopt Resolution 20 of 1988 declaring the intention of the City Council of Salt Lake City to construct improvements on certain streets consisting of the removal and reconstruction of curb and gutter, sidewalks, driveways and appurtenances; the removal of illegal or nonstandard driveways and paved surfaces in the park strip; the replacement of asphalt surfaces outside of the traveled way with concrete surfaces; the construction of minor drainage facilities; and construction of sidewalk ramps for the handicapped; the placement of top soil and/or sod; the removal of cutback parking areas; the addition of property drains, and all other miscellaneous work necessary to complete the improvements to create Salt Lake City, Utah, Special Improvement District concrete Replacement No. 40-R-16 to defray the cost and expense of said improvement district by special assessments to be levied against the property benefited by such improvements; to provide notice of intention to authorize such improvements and to set April 19, 1988, at 6:00 p.m. as a time for protests against such improvements or the creation of said district; to authorize advertisement of construction bids and related matters, which motion carried, all members voted aye.
(Q 88-2)
PUBLIC HEARINGS
Parking Lots and Nonconforming Uses.
RE: A public hearing at 6:20 p.m. to obtain public comment concerning a proposed ordinance amending Section 51-8-4(3) of the Revised Ordinances of Salt Lake City, Utah, relating to parking lots and nonconforming uses.
ACTION: Councilmember Fonnesbeck moved and Councilmember Godfrey seconded to continue the public hearing to April 5, 1988, at 6:30 p.m. and direct the City Recorder to re-advertise, which motion carried, all members voted aye.
DISCUSSION: Councilmember Kirk explained that the Council did not have an ordinance before them and would have to re-advertise the public hearing. No one from the audience wanted to address this issue.
(O 88-5)
Boiler Operator License Provision.
RE: A public hearing at 6:30 p.m. to obtain public comment concerning a proposed ordinance to repeal the boiler operator license provisions of Chapter 4, Title 5, of the Revised Ordinances of Salt Lake City.
ACTION: Councilmember Fonnesbeck moved and Councilmember Godfrey seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Stoler moved and Councilmember Horrocks seconded to request the Mayor to prepare a recommendation for improving the licensing procedures for boiler operators along with a recommendation for a license fee increase to recoup any additional costs, which motion carried, all members voted aye except Councilmembers Fonnesbeck and Godfrey who voted nay.
DISCUSSION: Roger Evans, acting director of building and housing, explained that building and housing proposed repealing Sections 5-4-8 through 5-4-26 which dealt with the issuance of licenses for steam engineers unlimited, steam engineers limited, and boiler operators - high pressure. He said over the last 10 years their department had a decline in personnel and there were numerous city ordinances that they were required to enforce to cover this issue. He said for about the last 30 years Salt Lake City had been testing people and issuing licenses and said they had people from all over the United States take the examination.
He said the state was in a mode of deregulation yet the city continued this regulation and was the only city in Utah and one of the few in the United States that still had this type of program. He said currently there was a state boiler inspector and people who installed boilers were required to get a special permit from the State of Utah to ensure that the boiler was installed properly. He said Salt Lake City’s examination only covered the qualifications of the people operating the boilers. He said if the Council did not repeal this ordinance then building and housing would ask for a fee increase in order to fully fund an enforcement position, which would mean a fee increase from $15.00 to about $184.00 for a license renewal.
He said they either needed to strictly enforce the ordinance or repeal that section of the code and said they were charged with giving an exam as well as checking to make sure operators were licensed for the job they were performing. He said they also had to document accidents, regulate complaints, check with people who sold equipment, etc.
Councilmember Fonnesbeck thought this regulation should be the state’s responsibility. Mr. Evans said he felt the same and said under the department of business regulation they were already licensing other contractors and professional people and thought this was the proper place for regulation. Councilmember Fonnesbeck asked why the city got involved originally and Mr. Evans said originally this was implemented as an air pollution control measure in the city. Councilmember Horrocks asked if the city had the authority to inspect schools. Mr. Evans said they had no authority to inspect schools, state or federal property. Councilmember Horrocks cited an incident about a year ago where a boiler in a school was caught when it was close to blowing up and he said he had concerns about the state’s capability or commitment in this area.
Mr. Evans said schools were a concern and the only inspection they got was through the Industrial Commission with the state boiler inspector who checked to make sure the equipment was properly maintained but did not challenge the qualifications of the operator. Councilmember Fonnesbeck asked Mr. Horrocks if he was suggesting that the city do more and Mr. Horrocks said yes because he did not have a high trust level for the state or the school board. Councilmember Fonnesbeck said they couldn’t get involved with the state jurisdiction. Councilmember Horrocks thought this could be a major safety problem.
Councilmember Bittner was concerned about the issue of air quality and asked if the city would continue to monitor the equipment if the city discontinued licensing operators. Mr. Evans said they would only monitor the equipment if it was modified and required a mechanical permit. He said the state monitored air quality under the
EPA.
The following people from the audience addressed this issue: Fred Kennedy, 899 Hilltop Drive, Clearfield; Tony Arnison, 1234 South 400 East; Scott Scarcarelli, 2617 East Foxhunt; Randy Jackman, employee for LDS Church; Robert Oleken, 4411 Losee Drive; Joe Stevens, building engineer with St. Joseph Villa; George Sherwood, 3288 Elgin Drive and Tom Showell.
The major concern these people expressed was about safety. They felt the licensing process separated the competent operators from untrained people. They believed restrictions were necessary since the safety factor was so critical and equipment was getting more complicated. They believed the program was necessary whether it was administered by the city or state but felt the city should continue their program until the issue was resolved. Mr. Arnison said many people thought government regulation was not needed since systems were becoming automated. He said in this situation there needed to be an able person who could manually operate the system if something failed.
Mr. Scarcarelli said there would be no other way to test a person’s skills without this program. He also said the University of Utah medical center where he worked required licensed operators. Mr. Jackman said Hartford Insurance required him to hold a license and also said when their boiler was at full steam he had to be there. He thought the state was too broad and the city should keep the program since they were more restrictive. Mr. Oleken said the plant where he worked heated six city blocks and said the distribution systems ran underneath the streets of Salt Lake. He said these were high pressure steam lines and were potentially dangerous. He said if something went wrong there was a potential for a lot of lost lives. Councilmember Stoler asked if the boiler operators could afford to pay an increased fee. Mr. Oleken said it would be worth it to him to know he was working with trained people.
Mr. Stevens said if there weren’t restrictions then unqualified people applied for the jobs. Mr. Sherwood said he called some people in Tacoma and Seattle, Washington, who said they had a licensing program. As a research and development engineer and boiler inspector he suggested that before the city’s program was dismantled it be improved and that they should only consider discontinuing it if the state or another group would take over the program.
Councilmember Kirk said the state had eliminated the licensing process for bathroom sinks and doubted if they would take on another function. Mr. Evans reiterated that the state was in a deregulation mode and had abolished the department of contractors and had eliminated several licenses. He said this was causing consumer problems.
Councilmember Fonnesbeck said she was convinced that this was a public safety issue and her only question was if this should be a city or state function. Mr. Evans said their experience with the state had not been a good one and they felt the state was not regulating properly even though they were collecting the fees. He said in the past the state department of contractors had taken in over $6 million in license fees but only $1.4 million or less was used to regulate the licenses.
Councilmember Fonnesbeck suggested that the city could sunset the boiler operator ordinance and advise the state that they had a year to develop a program. She said it seemed that the city was taking on liability by maintaining this program. She didn’t understand why Salt Lake should be the licensing agency. Mr. Evans said he didn’t know if the state would take on the obligation of this program.
Councilmember Godfrey asked how many employees would be needed to operate this program effectively. Mr. Evans said one full- time person. Councilmember Godfrey said Salt Lake was the only entity that required the license program and said the logical place for this program would be with employers since they required the license. He opposed keeping the program.
Councilmember Bittner said the boiler operators were concerned and she thought it would be a mistake to just stop the program. She suggested using an organization like the Utah League of Cities and Towns to pursue a state-wide program rather than abandon it. She said there was a safety factor involved and agreed that the program needed to be self sustaining. Councilmember Hardman asked about the city’s liability. Roger Cutler, city attorney, said one question was if the city would be liable if they dropped the program. He said no because the law was clear that if a city chose not to regulate or license then they wouldn’t be liable. He said another question was if the city had a procedure but didn’t enforce it would the city be liable. He said the city might be negligent but there was a specific state immunity provision dealing with inspections which granted immunity for failure to inspect, except under a doctrine known as special relationship. He said this meant if a specific level of service was promised and not complied with then the city could be liable.
Councilmember Stoler suggested that if this issue was referred to the Mayor for a recommendation then he could consider expanding responsibilities to other departments such as the fire department. Mr. Cutler said there were two things the Council needed to keep in mind. He said at this hearing the Council was not talking about the inspection of the equipment to make sure it was safe but was dealing with the qualifications of the people operating the boilers. He said the Council needed to make the distinction between building inspection, which the city traditionally did, as opposed to personal certification of people. He said this was an anomaly at this point in time.
Councilmember Horrocks said he thought any governmental entity had a moral obligation for the safety and welfare of their people. And whether or not the boiler operators were from outside city limits, the city was still looking at the possibility of a detrimental explosion which would affect Salt Lake City’s people and business district. He felt Salt Lake City had a moral obligation to make sure the cover of safety was extended.
(O 88-6)
COMMENTS
#1. Terry Phillips, 314 East Stanton Avenue, said he had called the police department several times about drug activities in his area and he said he got a negative response from them. Mayor DePaulis asked Mr. Phillips to give him the information and he would check into it.
The meeting adjourned at 7:40 p.m.