PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
REGULAR/BRIEFING SESSION
TUESDAY, MARCH 17 1987
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, MARCH 17, 1987, AT 5:00 P.M. IN SUITE 300 CITY HALL, 324 SOUTH STATE.
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 Kirk presided at the meeting.
BRIEFING SESSION
Linda Hamilton, Executive Director, briefed the Council on the evening’s agenda. She introduced Allen S. Dodworth, Carleen Jimenez, Robert Borgenicht, Stan Roberts, Alicia Suazo and Lori J. K. Lof to the Council. These people were appointed to serve on various boards. Ms. Hamilton told the Council that a resolution instructing Liberty National Bank and Trust Company of Oklahoma City to redeem all outstanding Industrial Development Revenue Bonds, Series 1976, was the first such resolution adopted by the City Council. This particular bond had been completely through the process and adoption of the resolution was the final step.
The Council discussed Petition 400-490 which was a Council legislative action item. The petition requested the closure of an alley bordering the east boundary line of Richmond Park. Council Member Hardwick told the Council that the alley led to a utility shed owned by the City Parks Department. He said the alley was unkempt and unnecessary and encouraged adoption of the ordinance closing the alley. The Council discussed a resolution amending the budget of Salt Lake City for the Fiscal Year beginning July 1, 1986, and ending June 30, 1987. The Council specifically discussed the mechanized garbage program presently being implemented by the administration.
Council Member Bittner asked if the legislation before the Council was an approval of the purchase of cans for the mechanized garbage program. Ms. Hamilton responded affirmatively and explained that although the financing for the purchase was being approved in a lump sum, the cans would be purchased in three phases spanning 18 months. Mayor DePaulis explained that by bidding the full amount for the cans rather than bidding the amount in thirds, the City would save money.
Lance Bateman, director of finance, added that because the City bid the cans separately from the packers, the City received the cans for approximately $1 million less than the County did for the same number of cans. The City ordered approximately 50,000 cans for approximately $2.4 million. Councilmembers Hardwick, Bittner, and Staler explained that they did not want the proposed approval for purchase of garbage cans to be interpreted as support for a garbage collection fee. Ms. Hamilton pointed out that although the Council had approved the purchase of packers and was being asked to approve purchase of the cans, the financing plan had yet to be devised. When the financing plan was completed, it would be brought before the Council for approval.
The meeting adjourned at 6:00 p.m.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, MARCH 17, 1987, AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS, SUITE 300, CITY HALL, 324 SOUTH STATE.
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 Kirk presided at and Councilmember Fonnesbeck conducted the meeting.
The invocation was given by Police Chaplain Ted Fields.
The Council led the 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, March 10, 1987, which motion carried, all members voting aye.
b
Special Recognition
1. The Mayor and City Council honored the Reading is FUNdamental award winners. Sally Patrick, community relations director of the Salt Lake City Public Library, thanked the Council and Mayor for recognizing the children. She presented the Mayor with a poster promoting reading and explained that the Reading is FUNdamental program raised money each year to make a reading program available to children. The children who were honored had participated in a reading contest and were chosen as representatives for their schools. They were presented with a certificate, a paperback book, and a poster. Mayor Depaulis said he was happy to recognize these children for their achievements and said the City supported this program and the library system.
(G 87-14)
2. The Mayor and City Council were to present the March Tourism Ambassador of the Month Award to Western Airlines - Joan Bailey and Bill Tatman, but this item was pulled from the agenda.
Councilmember Mabey moved and Councilmember Godfrey seconded to pull this item from the agenda, which motion carried, all members voting aye.
(G 87-7)
PETITIONS
Petition 400-484 by Ray Campos.
RE: The request that Salt Lake City rezone the northwest corner of 900 West and 800 South by increasing the “B-3” zone west an additional 50 feet.
ACTION: Councilmember Mabey moved and Councilmember Kirk seconded to adopt Ordinance 17 of 1987 rezoning the northwest corner of 9th West and 8th South from “R-4” to “B-3”, which motion carried, all members voting aye.
DISCUSSION: Councilmember Mabey mentioned that Wayne Horrocks, crime prevention director, expressed the same concern Councilmember Godfrey had expressed at the public hearing about the proposed convenience store going out of business because of its location to the food store.
(P 87-31)
DEPARTMENTAL BUSINESS
AIRPORT AUTHORITY
#1. RE: Industrial Development Revenue Bonds for Delta Airlines to finance certain airport and related facilities.
ACTION: Councilmember Godfrey moved and Councilmember Bittner seconded to suspend the rules and on first reading adopt Resolution 20 of 1987, a resolution of intention, authorizing the issuance of bonds by Salt Lake City to finance certain airport and related facilities to be located at the Salt Lake International Airport and leased to Delta Air Lines, Inc.; authorizing the execution of a memorandum of agreement by and between Delta Air Lines, Inc. and Salt Lake City; and related matters, which motion carried, all members voting aye.
(Q 87-5)
ATTORNEY’S OFFICE
#1. RE: Industrial Revenue Bond redemption by Royal Industries, 1976.
ACTION: Councilmember Mabey moved and Councilmember Hardwick seconded to adopt Resolution 21 of 1987 instructing Liberty National Bank and Trust Company of Oklahoma City to redeem on June 1, 1987, all of its outstanding Industrial Development Revenue Bonds, Series 1976 (Royal Industries, Inc. Project) at 102% of their principal amount plus interest, the aggregate principal amount of bonds to be redeemed is $1,550,000, which motion carried, all members voting aye.
(Q 87-6)
MAYOR’S OFFICE
#1. RE: The reappointments of William Kibbie and Joe Rosenblatt to the Airport Authority Board.
ACTION: Councilmember Godfrey moved and Councilmember Mabey seconded to approve the reappointments, which motion carried, all members voting aye.
(I 87-10)
#2. RE: The reappointment of John E. Pace to the Central Business Improvement District.
ACTION: Councilmember Godfrey moved and Councilmember Mabey seconded to approve the reappointment, which motion carried, all members voting aye.
(I 87-11)
#3. RE: The appointment of Alicia L. Suazo to the Salt Lake City Library Board.
ACTION: Councilmember Godfrey moved and Councilmember Mabey seconded to approve the appointment, which motion carried, all members voting aye.
(I 87-12)
#4. RE: The appointment of J. Gordon Sorenson to the Sugarhouse Park Authority.
ACTION: Councilmember Godfrey moved and Councilmember Mabey seconded to approve the appointment, which motion carried, all members voting aye.
(I 87-6)
#5. RE: The reappointments of Gainor L. Bennett and Clayton M. White to the Tracy Aviary Board.
ACTION: Councilmember Godfrey moved and Councilmember Mabey seconded to approve the reappointments, which motion carried, all members voting aye.
(I 87-13)
#6. RE: The appointments of Allen S. Dodworth, Carleen Jimenez, George Maxwell, Olivette T. Orme, Roger Borgenlcht, and Stan Roberts to the Salt Lake City Arts Council; and the reappointments of Gerald McDonough, Peter Emerson, Stephen A. Goldsmith and Roger Reynolds to the Salt Lake City Arts Council.
ACTION: Councilmember Godfrey moved and Councilmember Mabey seconded to approve the appointments and reappointments, which motion carried, all members voting aye.
(I 87-14)
#7. RE: The appointment of Lori J. K. Lof to the Urban Forestry Board.
ACTION: Councilmember Godfrey moved and Councilmember Mabey seconded to approve the appointment, which motion carried, all members voting aye.
(I 87-15)
PUBLIC UTILITIES
#1. RE: An interlocal agreement with Utah Transit Authority for an 8-inch detector check valve for fire protection at 610 West 200 South.
ACTION: Councilmember Godfrey moved and Councilmember Mabey seconded to adopt Resolution 22 of 1987 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and Utah Transit Authority to allow an 8-inch detector check valve connection to the City’s water system for fire protection to Utah Transit Authority’s premises at 610 West 200 South, which motion carried, all members voting aye.
(C 87-118)
#2. RE: An interlocal agreement with Salt Lake City Suburban Sanitary District No. 1 for the purchase of water from fire hydrants.
ACTION: Councilmember Godfrey moved and Councilmember Mabey seconded to adopt Resolution 23 of 1987 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and Salt Lake City Suburban Sanitary District No. 1 for the purchase of water from fire hydrants, which motion carried, all members voting aye.
(C 87-119)
PUBLIC WORKS
#1. RE: The Official Notice of Bond Sale for Special Improvement Districts 40-R-7 and 38-685.
ACTION: Councilmember Kirk moved and Councilmember Mabey seconded to adopt the Official Notice of Bond Sale, the Abbreviated Notice of Sale, and the Official Statement for the $114,000 Special Assessment Bonds, Special Improvement District No. 40-R-7, Downtown and Sherwood Drive, and for the $141,000 Special Assessment Bonds, Special Improvement District No. 38-685, 1700 South from West Temple to 700 West, which motion carried, all members voting aye.
(Q 85-3, Q 85-1)
#2. RE: The creation of Special Improvement District No. 38-819.
ACTION: Councilmember Mabey moved and Councilmember Bittner seconded to adopt Resolution 18 of 1987 creating Curb and Gutter Special Improvement District No. 38-819, non-contiguous streets, and to authorize construction of improvements as set forth in the Notice of Intention and to create the Special Improvement District, which motion carried, all members voting aye.
(Q 87-1)
#3. RE: The creation of Special Improvement District No. 38-757.
ACTION: Councilmember Mabey moved and Councilmember Kirk seconded to adopt Resolution 19 of 1987 creating Curb and Gutter Special Improvement District No. 38-757, 900 West, and to authorize construction of improvements as set forth in the Notice of Intention and to create the Special Improvement District, which motion carried all members voting aye.
(Q 87-2)
PUBLIC HEARINGS
Petition 400-490 by Councilmember Earl Hardwick.
RE: A public hearing at 6:20 p.m. to obtain public comment concerning the closure of an alley which borders on the east boundary line of Richmond Park.
ACTION: Councilmember Bittner moved and Councilmember Godfrey seconded to close the public hearing, which motion carried, all members voting aye.
Councilmember Mabey moved and Councilmember Hardwick seconded to vacate the alley. No vote was taken on this motion.
Councilmember Bittner moved and Councilmember Stoler seconded to make a substitute motion, which motion carried, all members voting aye.
Councilmember Bittner moved and Councilmember Stoler seconded to vacate the alley rather than close it so the abutting property owners would get their portion of the alley and ask the City Attorney and Real Property Manager to appraise the City’s portion of the vacated alley and offer to sell this portion to the abutting property owners at fair market value as reflected by the following conditions: 1. The alley would remain open for ingress and egress by the abutting property owners. 2. The area would be maintained and cleaned. 3. There would be a reversionary interest for the City if the conditions were not complied with. Which motion carried, all members voting aye.
DISCUSSION: Bil Schwab, planning and zoning, outlined the area on a map and said that none of the three affected property owners signed the petition. He said there were no garages which required the alley for access but he indicated that the alley was the only street access available to the rear of one of the properties. Councilmember Hardwick said the alley was a nuisance and he had numerous complaints that people used it as a parking lot and were thoughtless about the neighboring property. He thought if the alley was closed and became part of the park then the fence could be moved back and the problems solved. He said he talked with most of the neighbors in the area and they wanted it closed.
Greg Walton, abutting property owner, said he used the alley for access to his back yard and his parking and said there was no access to parking of f of 500 East. He also said the alley was a good buffer from the park and mentioned that balls from the basketball court often went over the fence and into the alley. He was concerned that without the alley as a buffer the balls would go directly into his yard and people would go into his yard to get them. He said the alley was unsightly. Ruth Emery, abutting property owner, was opposed to this property being taken over by the park and said if the alley was closed she wanted half since that was the usual practice. She expressed concern about the park fence and said it needed to be higher than 6 feet.
Michael Van Cott, 634 South 500 East, said he did not have parking off of 5th East and needed the full width of the alley to access the rear of his property. He also said he had problems with vandalism. Councilmember Godfrey asked if the city could give the entire alley to the property owners. Roger Cutler, city attorney, said they could not give the City’s half of the alley away without fair and adequate compensation. Mr. Walton expressed concern that if each property owner got their portion of the alley they would close it off and he wouldn’t have the access he needed. He suggested that the alley stay open. Joe Martinez, 640 South 500 East, indicated that he didn’t care who owned the alley but he wanted it cleaned up because it was a mess.
Councilmember Fonnesbeck said the Council could leave the alley open, could close the alley and retain ownership, could vacate the alley and give the property owners half and the City retain half, or could vacate the alley so the property owners could get their half and then sell them the City’s half. Councilmember Godfrey Indicated that vacating the alley with the City retaining half would not be the best option since only half of the alley would not help the property owners in terms of access. Mr. Cutler reminded the Council that when they vacated an alley they were just vacating the public right of way. He indicated that the property owners could assert their private right to use the alley and said the city did not affect private rights of way. Councilmember Godfrey asked if the City could stipulate access among the property owners. Mr. Cutler said the City could deed the property subject to conditions such as maintaining the alley or keeping access for property owners which would decrease the market value of the property. He added that If the owners didn’t comply with the conditions then the property would revert back to the City.
(P 87-30)
Petition 400-479 by Kathryn Diamant.
RE: A public hearing at 6:30 p.m. to obtain public comment regarding the request that Salt Lake City vacate a portion of an alley located between Edith Avenue and 1300 South and 200 East and 300 East.
ACTION: Councilmember Mabey moved and Councilmember Godfrey seconded to close the public hearing, which motion carried, all members voting aye.
Councilmember Mabey moved and Councilmember Hardwick seconded to refer this petition back to the Planning Commission for reconsideration since the petitioner changed her request, which motion carried, all members voting aye.
DISCUSSION: Bil Schwab, planning and zoning, outlined the area on a map, a “T”-shaped alley, and said the request would create three dead-end streets. He indicated on the map which property owners had signed and which had not signed. Kathryn Diamant, petitioner, said she did not want to inconvenience anyone and said people currently used the alley for access. She suggested an amendment to the original request which would close the north/south portion only rather than closing the alley in both directions. She indicated that she had problems with vandalism and fires.
Councilmember Mabey said the petition would have to go back to the Planning Commission since her request changed. Councilmember Fonnesbeck indicated that Ms. Diamant’s new proposal would be better. Kenneth Eatchell, 1233 South 300 East, supported closure of the alley in whichever way it was accomplished. He indicated that the alley was a nuisance to him.
(P 87-32)
Budget Amendment No. 2
RE: A public hearing at 6:40 p.m. to obtain public comment regarding amendments to the budget of Salt Lake City, Utah, for the fiscal year beginning July 1, 1986, and ending June 30, 1987.
ACTION: Councilmember Mabey moved and Councilmember Kirk seconded to close the public hearing, which motion carried, all members voting aye.
Councilmember Kirk moved and Councilmember Godfrey seconded to adopt Resolution 24 of 1987 amending the budget of Salt Lake City, Utah, for the fiscal year beginning July 1, 1986, and ending June 30, 1987, as proposed by the administration, which motion carried, all members voting aye except Councilmember Stoler who voted nay.
DISCUSSION: Lance Bateman, finance director, said the amendments included the public utilities and airport funds. He outlined the budget amendments: 1. $8,630 grant from the state for three DUI alcohol related projects. 2. $13,754 grant from Salt Lake School District for one-half salary of one liaison officer. 3. $82,000 for asphalt plant improvements from C.I.P. contingency funds to cover the cost of emergency repairs and computer monitoring system required by the EPA as a result of damage caused by high ground water.
4. $48,000 grant from Salt Lake County to construct Phase II of the Salt Lake/Jordan Canal project. 5. $70,979 from economic development program income recapture to improve streets in the Hartland Project area. 6. $16,000 from C.I.P. (CDBG) contingency for roof repairs to the Westside Senior Citizen Center. The county will make needed interior repairs. 7. $60,000 from Davis County/Chevron Oil to complete work on the oil drain siphon project. 8. $250,000 from Salt Lake County to complete work on modules at the Salt Lake City/County Landfill.
9. One full-time equivalent position for the mechanized refuse pickup program. Mr. Bateman said funds would not be appropriated since the position would be filled at the end of the budget year; the public works department would pay the salary with current appropriations. 10. $50,000 from C.I.P contingency to complete the 2700 South Storm Drain project. 11. $2,400,000 to purchase containers for the mechanized garbage collection program. Mr. Bateman said the project would take about 2 years to implement so the funds would probably be spent over the next 18 months. He said the source of financing would either be leasing, bonding, or actual appropriation and the Council would receive this information at a later time. He said they had a good bid on the containers and they wanted to order them now.
Councilmember Fonnesbeck asked if the Council could legally appropriate funds they did not have. Mr. Bateman said they were asking the Council to approve revenues from bonding or leasing and indicated that the method of financing would come back to Council in the future for approval. He also said when the Council adopted the budget at the beginning of a year they adopted a budget for future revenues. He said that by approving this appropriation the Council would commit the City to bonding or leasing for the containers. Councilmember Fonnesbeck said the Council was voting for an intent.
12. $11,778 from Granite School District and a private citizen to complete special projects in the 40-R-l sidewalk Special Improvement District. 13. $253,405 CDBG program income from rehabilitation loans and grants program to go back to the loans and grants program. 14. $1,100,000 from HUD, anticipated UDAG, for Rick Warner Ford. 15. $4,662,340 from lease proceeds for the entire purchase price of continuing lease/purchase of computer system. Mr. Bateman said the new computer would bring the City about a year and a half ahead of the master plan, would allow the flexibility to use different computer companies in the program and would allow networking.
He said this would be a new concept since currently they were doing production and development on one computer and this would allow production and development to be done on separate computers. He said this was a neutral funding item but because of accounting requirements they had to ask for the total appropriation. Councilmember Stoler expressed concern about computer enhancements and said historically enhancements called for more manpower and programs. He said last year he was concerned that the computers weren’t being fully used and suggested that many things were produced by the computers that really weren’t used or necessary. He wondered if the computer program was getting too big.
Mr. Bateman said data processing was reacting to requests for usage and thought some of the manpower decreases were a result of the City’s ability to use the computer. He referred to the automated purchase order system and said this was tied in with the financial system and inventory system and said they had controls that they wouldn’t have had through the regular system. He said the city was expanding and thought because of the computer the city was saving in manpower. He used the attorneys office as an example by saying that they were considering hiring more attorneys or using the computer to help out. He said the new computer would give more flexibility and more capacity without additional cost.
16. $1,272,426 from fund balance to allow for replacement carryovers. Mr. Bateman explained that this was a yearly accounting adjustment to allow for the liquidation of outstanding purchase orders on record as of June 30, 1986. He said in enterprise funds and internal service funds the City couldn’t encumber and carryover money to the next year. He said the money was in last year’s budget to purchase equipment but the items had not come in by June 30 so the money went into retained earnings and had to be re-appropriated. 17. $35,784 from Health Insurance Trust Fund balance to cover higher than anticipated costs associated with the Valuecare health plan offered to employees.
18. $9,076,000 from AIP funds/fund balance to complete capital projects at the airport. Councilmember Mabey referred back to the appropriation for the Senior Citizen Center (item #6) and said he thought the County was going to take care of the building and the City would take care of the grounds. Stephanie Loker, capital planning and programming said the contract stated that the County was responsible for all interior maintenance and the City was responsible for all exterior maintenance including the building. Councilmember Bittner said the Council’s intent was that the County would take care of the building. Ms. Loker said contracts for other centers were set up the same as this one. Councilmember Kirk asked Louis Miller, director of airports, to explain the airport appropriation. He distributed a summary of the airport’s capital improvements program. He said $13.1 million was spent out of a budget of $16.9 million and said the latest project estimate total for the new projects was $12,935,000 so the budget needed to be amended up to $26,036,000.
Mr. Miller explained that most of the money would be spent next year but they needed budgetary authority this year in order to award the projects and take advantage of the entire construction season. Councilmember Bittner asked about the Utah Technical College remodeling project. Mr. Miller explained that UTC wanted an instructional program for aircraft tower and air frame mechanics. He indicated that the airport would construct a hangar on the east side of the airport for student training and UTC would lease the facilities. He said the costs would be recovered.
Councilmember Stoler expressed concern about the funding question regarding the purchase of containers for the mechanized garbage collection. Councilmember Hardwick said his concerns were similar to Councilmember Stoler’s and said that until the funding sources were identified he would be uncomfortable with this part of the budget. Councilmember Bittner expressed her concern about the method of paying for the mechanized garbage containers and hoped that the Council would have an opportunity for input before the costs were built into the budget.
She also expressed concern about the update of the computer and said there were inefficiencies built into the use of the computer. She cited the list used for the computerized purchasing system. She also felt there was a tendency for departments to ask for additional staff to go with their computers. Councilmember Mabey expressed similar concerns about the computer and said the program needed to be monitored. No one from the public spoke.
(B 86-11)
Landmark Case No. 650.
RE: A public hearing at 6:50 p.m. to obtain public comment concerning the designation of the Danish Evangelical Lutheran Church/Tabor Lutheran-Central Baptist Church on the City Historical Register.
ACTION: Councilmember Mabey moved and Councilmember Kirk seconded to close the public hearing, which motion carried, all members voting aye.
Councilmember Godfrey moved and Councilmember Mabey seconded to adopt Ordinance 18 of 1987 designating as a historical landmark the Danish Evangelical Lutheran Church/Tabor Lutheran-Central Baptist Church at 387-389 First Avenue, which motion carried, all members voting aye.
DISCUSSION: Bil Schwab, planning and zoning, said the Historical Landmark Committee and the Planning Commission recommended that this be placed on the register. He said this building was in a historical district but in order for the owners to obtain a conditional use permit it had to be listed site specific on the register. He said this could be used for offices as a conditional use. Karen Jacobsen, petitioner, said this would be used for low-level office space by a computer software company. She said the first floor would not change, the sanctuary would not be broken up into small offices, and the outside would be restored. She showed pictures of the building.
Councilmember Fonnesbeck asked about parking. Ms. Jacobsen said they secured 10 parking places for 10 years across the street at the bank. Councilmember Fonnesbeck asked if this had already been approved as office space. Mr. Schwab said it had not because the building had to be on the register before the conditional use could be granted. Ms. Jacobsen said all the clients were out of state so there would be no walk-in traffic. Councilmember Stoler asked if the present owners were in favor of placing this church on the register. Ms. Jacobsen said the Central Baptist Church was in favor and indicated that she would take over ownership within a few days. No one opposed this request.
(L 87-1)
The meeting adjourned at 7:50 p.m.