PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, MARCH 4, 1986
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, MARCH 4, 1986, AT 5:00 P.M. IN ROOM 211 CITY AND COUNTY BUILDING.
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 Hardwick presided at the meeting.
BRIEFING SESSION
Carole Stokes, council executive director, briefed the Council on the evening’s agenda. Larry Livingston, Council Office, reviewed the contents and intent of the amendment to the medical facilities ordinance. The Council discussed Petition 400-206 of 1979 submitted by the Salt Lake City Board of Education concerning-the closure of 200 North Street. They reviewed the various options open to them concerning facilitating the expansion of the West High School athletic field. The Council also reviewed the necessary process for establishing Lighting District 1.
The briefing session adjourned at 5:55 p.m.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, MARCH 4, 1986, AT 6:00 P.M. IN ROOM 301 CITY AND COUNTY BUILDING.
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 Hardwick presided at the meeting and Councilmember Stoler conducted the meeting.
The invocation was given by Police Chaplain Jan Duzak.
Pledge of Allegiance.
Approval of Minutes.
Councilmember Kirk moved and Councilmember Mabey seconded to approve the minutes of the Salt Lake City Council for the regular meeting held Tuesday, February 18, 1986, which motion carried, all members voting aye except Council- members Hardwick and Godfrey who were absent for the vote.
(M 86-1)
Special Presentation
1. The City Council and Mayor presented members of the 4H with a joint proclamation honoring 4H week. Michelle Gillette, representing the 4H, accepted the proclamation. She said that 4H was getting stronger in Salt Lake County and it helped the youth build their self esteem, build their talents, and become more aware of the community. She thanked the Council and Mayor for their support. Councilmember Kirk moved and Councilmember Godfrey seconded to approve the proclamation, which motion carried, all members voting aye.
(G 86-9)
2. Jim Talebreza and members of the Baha’i faith gave a presentation in honor of the Walk for Peace. Mr. Talebreza said that more than 70 heads of nations had received a copy of the Baha’i Promise of World Peace and he said that the Baha’i of Utah started walking from St. George to Salt Lake to present this statement to the city and county governments along the way. He explained that the Baha’i faith believes that world peace is inevitable and religion is an important part to achieving world peace. Copies of the Baha’i Promise of World Peace were presented to the Council and Mayor. Mayor DePaulis thanked Mr. Talebreza for their initiative.
PETITIONS
Petition 400-109 of 1983 by Chen’s International and Petition 400-187 of 1984 by Utah State Department of Administrative Services.
RE: An ordinance extending the expiration date of Bills 20, 57, and 58 of 1984, relating to the closure of public streets and alleys and rezoning of property in the vicinity of North Temple, Garside Street (1500 West), and Cornell Street (1540 West).
ACTION: Councilmember Godfrey moved and Councilmember Fonnesbeck seconded to adopt Ordinance 18 of 1986 extending the expiration date of Bills 20, 57, and 58 with the stipulation that no further extensions will be granted, which motion carried, all members voting aye.
(P 84-10, P 84-35)
Petition 400-277 of 1985 by the Sugar House Community Council.
RE: An ordinance rezoning the Westminster Residential Area.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Ordinance 19 of 1986 amending Section 51-12-2 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to zoning and fixing of boundaries of use districts, by rezoning the Westminster Residential Area bordered by 1700 South and 2100 South and 700 and 1100 East, which motion carried, all members voting aye.
(P 85-239)
Petition 400-277 of 1985 by the Sugar House Community Council.
RE: An ordinance rezoning the Garfield Area.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Ordinance 20 of 1986 amending Section 51-12-2 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to zoning and fixing of boundaries of use districts, by rezoning the Garfield Area between Garfield Avenue and 2100 South and 1100 East and 1300 East from “R-6” to “R-2”, which motion carried, all members voting aye.
(P 85-252)
DEPARTMENTAL BUSINESS
AIRPORT AUTHORITY
#1. RE: The proposed amendment to the Airport Authority Fiscal Year 1985-86 Capital Projects Budget and waiver of the 15-day review period (required by Ordinance 33-1-6) for the long term land lease with McDonnell Douglas.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to schedule a public hearing for Tuesday, March 18, 1986, at 7:00 p.m., which motion carried, all members voting aye.
(B 86-4)
ATTORNEY’S OFFICE
#1. RE: Interlocal agreement with Salt Lake County regarding real property needed for the jail expansion.
ACTION: Councilmember Godfrey moved and Councilmember Hardwick seconded to ratify the Council’s action taken February 18, 1986, adopting Resolution 20 of 1986 authorizing the execution of an interlocal cooperation agreement between Salt Lake City and Salt Lake County to (1) waive the requirements of Section 33-1-66 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, to avoid delay in execution of the cooperative agreement between the city and county concerning city real property needed for jail expansion; and (2) approving a property exchange agreement for city real property needed for expansion of Salt Lake County’s jail, which motion carried, all members voting aye except Councilmember Fonnesbeck who was absent for the vote.
(C 86-73)
CITY COUNCIL
#1. RE: City and County Building renovation - Municipal Building Authority.
ACTION: Councilmember Fonnesbeck moved and Councilmember Godfrey seconded to adopt Resolution 26 of 1986 providing for the creation of a Municipal Building Authority by Salt Lake City, Utah; authorizing official action; and providing an effective date, which motion carried, all members voting aye.
(Q 86-7)
#2. RE: City and County Building renovation - lease-revenue financing in the amount not to exceed $42,500,000.
ACTION: Councilmember Mabey moved and Councilmember Kirk seconded to adopt Resolution 25 of 1986 approving a lease-revenue financing arrangement between Salt Lake City and the Building Authority of Salt Lake City in anticipation of the issuance of Building Authority lease-revenue bonds, Series 1986, In the amount of not to exceed $38,500,000 to finance the renovation, restoration and improvement of the City and County Building, which motion carried, all members voting aye except Councilmembers Bittner and Stoler who voted nay.
DISCUSSION: Councilmember Bittner felt that if the voters opposed general obligation bonds in the forthcoming election then the issue of renovating the City and County Building should be put on a referendum. Councilmember Fonnesbeck indicated that there was a list of improvement options which could be included in the building renovation and she thought that the Council had not had the opportunity to consider all the options to determine if in the long run they would be cost-saving measures. She was concerned that the options would be turned down for the sake of keeping the cost at $30 million (financing for $42,500,000 would allow for the options). She suggested that the Council review the options because she did not want the Council to be shortsighted.
Councilmember Mabey expressed concern that if the Council did not establish a cut-off point then the cost would become excessive. Councilmember Kirk said she felt committed to the base construction cost of $30 million. She suggested that the contingency could be used for some of the options or citizen groups could help obtain some of the options such as the fountains. Councilmember Mabey agreed that donations should be encouraged to finance some of the extras such as trees, benches and fountains.
Mayor DePaulis indicated that many of the options not now included in the $30 million total had at one point been included. However, the Restoration Committee decided to increase the contingency amount within the $30 million total and they removed several items in order to remain at the $30 million total. The items removed by the Committee were now considered options.
(Q 86-7)
#3. RE: City and County Building renovation - bond election regarding the issuance of not to exceed $37,500,000 General Obligation Building Bonds.
ACTION: Councilmember Kirk moved and Councilmember Bittner seconded to adopt Resolution 24 of 1986 providing for a special bond election to be held on April 29, 1986, for the purpose of submitting to the qualified electors of Salt Lake City. Salt Lake County, Utah, the question of the issuance of not to exceed $34,500,000 General Obligation Building Bonds, Series 1986; and appropriately change the language for the bond election, which motion carried, all members voting aye.
DISCUSSION: Councilmember Kirk suggested that a committee be established to collect donations for improvement options associated with the renovation. Mayor DePaulis said that the city would save money if the General Obligation Bonds were approved and he hoped this would be made clear to the public.
(Q 86-7)
DEVELOPMENT SERVICES
#1. RE: Zoning amendments relating to medical clinics, medical office buildings, outpatient emergency care centers and outpatient surgical centers.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Ordinance 21 of 1986 amending Title 51 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to zoning regulations relating to medical facilities by: Amending and adding definitions in Chapter 2 of said title; by amending Section 51-9-3 relating to parking requirements for medical uses; by amending Chapters 18, 19, 19B, 19C, and 21 of Title 51 to clarify and add certain medical uses as accessory conditional uses in “R-6” districts, conditional principal uses in “R-7”, and as permitted uses in the “H”, “R-H”, and “B-3” districts, which motion carried, all members voting aye except Councilmember Fonnesbeck who was absent for the vote.
(O 85-4)
#2. RE: “R-5” zoning classification modification.
ACTION: Councilmember Godfrey moved and Councilmember Mabey seconded to adopt Ordinance 22 of 1986 amending Sections 51-5-8, 51-17-2, 51-17-3, and 51-17- 7 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to modification of “R-5” zoning, which motion carried, all members voting aye except Councilmember Fonnesbeck who was absent for the vote.
(O 85-34)
FINANCE DEPARTMENT
#1. RE: The proposed issuance by Salt Lake City, Utah of its industrial development revenue bonds in one or more series in an aggregate principal amount not to exceed $11,600,000. The proceeds of the sale of the bonds will be used: (a) to finance the renovation of the west hospital wing and to provide additional parking facilities at the Holy Cross Hospital of Salt Lake City; (b) through an interlocal cooperation agreement, to finance the construction of a satellite health care facility at Kimball Junction, Summit County, Utah; and (c) to pay various other expenses related to said facilities and issuance of the bonds.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to schedule a public hearing for Tuesday, April 1, 1986, at 6:25 p.m., which motion carried, all members voting aye.
(Q 86-6)
MAYOR’S OFFICE
#1. RE: The reappointment of Joe Fenton and Jim Talebreza and the appointment of Judith Pallor and Byron Haslam to the Mosquito Abatement District Board.
ACTION: Without objection the appointments were referred to the consent agenda for March 18, 1986.
(I 86-6)
#2. RE: Fund transfer to the Mayor’s Office.
ACTION: Councilmember Mabey moved and Councilmember Bittner seconded to adopt a motion authorizing the transfer of $8,000 from the General Fund Contingency to the Mayor’s Office (Arts Council) for the portrait of Former Mayor Ted L. Wilson, which motion carried, all members voting aye except Councilmember Hardwick who was absent for the vote.
(B 86-1)
PARKS DEPARTMENT
#1. RE: Proposed increase in golf fees and golf pass prices.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to schedule a public hearing for Tuesday, March 18, 1986, at 7:15 p.m., which motion carried, all members voting aye.
(O 86-6)
#2. RE: A resolution exercising the city’s right of reversion of a 2.9 acre parcel of land located at the mouth of Emigration Canyon and notice of the reversion to Oak Hills, Inc.
ACTION: Without objection this matter was referred to the consent agenda for March 18, 1986.
(C 85-282)
PUBLIC UTILITIES
#1. RE: Interlocal cooperation agreement amendment with Utah State University for sludge management sampling and analysis.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Resolution 27 of 1986 authorizing the execution of an interlocal cooperation agreement amendment between Salt Lake City Corporation and Utah State University for sludge management sampling and analysis, to allow Utah State University to test for high metal content on property proposed as the site for the new wastewater treatment facility at 4700 West and 300 South, which motion carried, all members voting aye.
(C 85-360)
#2. RE: Interlocal cooperation agreement with Utah Department of Transportation for Watermain Extension No. 35-4289.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Resolution 28 of 1986 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and Utah Department of Transportation for Watermain Extension No. 35-4289 to be installed at 803-819 North Redwood Road at developer’s cost and requiring an easement to construct, operate, and maintain said pipeline within the right of way of state roads, which motion carried, all members voting aye.
(C 86-75)
PUBLIC WORKS
#1. RE: An ordinance amending subsections 38-2-1(1), 38-2-l(3)(b), and 38- 2-l(3)(d) of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to repairs and replacement of sidewalks and curb and gutters.
ACTION: Without objection the ordinance was referred to the Committee of the Whole.
(O 86-7)
#2. RE: Interlocal cooperation agreement with Utah Department of Transportation for street sweeping.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Resolution 29 of 1986 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and Utah Department of Transportation wherein the state agrees to pay the city for sweeping designated state roads within Salt Lake City, which motion carried, all members voting aye.
(C 86-74)
#3. RE: Interlocal cooperation agreement with Utah Department of Transportation for a railroad-highway safety project.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Resolution 30 of 1986 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and the Utah Department of Transportation providing for construction of a railroad-highway safety project, to be financed in part from federal-aid highway funds and providing flashing light signals with gates at the U.P. Railroad crossing at 2240 West 500 South, which motion carried, all members voting aye.
(C 86-76)
#4. RE: Bid opening for Special Lighting District 1.
ACTION: Councilmember Mabey moved and Councilmember Blttner seconded to refer the bid to the transportation division for tabulation, which motion carried, all members voting aye except Councilmember Kirk who was absent for the vote.
DISCUSSION: P.D. Kiser, transportation, opened the bid which was from Utah Power and Light in the amount of $495,485.40 for a period of 5 years.
(Q 86-2)
#5. RE: A resolution creating Salt Lake City Lighting District No. 1, and authorizing the operation, maintenance, patrolling and powering of improvements as set forth in the Notice of Intention and to create the Special Improvement District; and appointing the Board of Equalization; and setting dates for Board of Equalization on Monday, March 31, 1986, between the hours of 6:00 p.m. and 7:00 p.m.; and Tuesday and Wednesday, April 1 and 2, 1986, between the hours of 4:00 p.m. and 5:00 p.m.
ACTION: Councilmember Mabey moved and Councilmember Godfrey seconded to refer this resolution to the agenda for March 18, 1986, which motion carried, all members voting aye except Councilmember Fonnesbeck who was absent for the vote.
(Q 86-2)
PUBLIC HEARINGS
Petition 206 of 1979 by the Salt Lake City Board of Education.
RE: A public hearing at 6:30 p.m. to discuss the closure of all or a portion of 200 North Street for 530 feet east of 300 West.
ACTION: Councilmember Kirk moved and Councilmember Godfrey seconded to close the public hearing, which motion carried, all members voting aye.
Councilmember Bittner moved and Councilmember Kirk seconded to deny the petition but recommend that another hearing be held to narrow 300 North and 200 North with widths to be negotiated with the school board; the unused portions of the streets would be leased to the school board for $1 .00 per year with a reversionary clause if the property were not used as a school; and the lawsuit would be dropped, which motion failed, all members voting nay except Councilmembers Bittner, Mabey and Stoler who voted aye.
Councilmember Hardwick moved and Councilmember Godfrey seconded to accept the petition with the Planning Commission’s recommendations and conditions and the City Attorney’s recommendation that the litigation be dropped, which motion carried, all members voting aye except Councilmembers Bittner and Stoler who voted nay.
DISCUSSION: Craig Peterson, director of development services, briefly outlined the background of the petition. It was submitted in April of 1979 requesting the closure of 200 North for the purpose of an athletic field. At that time the school board presented a master plan for West High which included the property in question. He said that the petition was approved in April of 1980 by the Planning Commission and was approved in concept In September of 1980 by the Council. Mr. Peterson said that since that time the necessary ordinances and negotiations were not completed and when this petition was re-introduced the attorney’s office felt it should be heard again.
Mr. Peterson indicated that new circumstances surrounding this petition included the importance of the road to the expanding Central Business District, the proposal to construct an off-ramp at North Temple and I-15, Salt Palace expansion, and the new commitment by the 1.0.5. Church to increase tourism at Temple Square. Mr. Peterson noted that during the last five years the school board proceeded with their master plan and installed several Improvements. Harvey Boyd, planning and zoning, outlined three options regarding the closure of the Street. Option A: Closes 200 North for 530 feet as requested by the petition; the planning staff felt there was a need for parking adjacent to the Horace Mann building.
This plan preserves the tennis courts and the existing housing. Option B: Vacates half of 200 North leaving 66 feet for development of the track and it narrows 300 North; the tennis courts and two residential structures would be removed. Option C: Leaves the right of way partially open 66 feet toward the south and then allows the school board to use the northern half of the street. The tennis courts and two homes would be lost. Mr. Peterson said that the majority of the Planning Commission endorsed Option A but they changed the concept.
They recommended that the city not vacate or close but lease the property to the school board with certain conditions. He said that the Planning Commission felt they had a long-term commitment to the school master plan and did not want the tennis courts or the homes removed. He also said that they were not sure if traffic should be encouraged in this area. Mr. Peterson said that the planning staff supported Options B or C due to the increased need for traffic circulation. P.D. User transportation, said that they wanted the additional access in the vicinity of the intersection at 300 West and North Temple and they felt the street was necessary for circulation. The Council discussed traffic circulation patterns in the area.
The following people spoke in support of the petition: Carl Child, Salt Lake City School Board, indicated that the previous problem with completing this request was the appraisal of the property. Keith Stepan, Salt Lake City School Board, Harold Trussel, West High principal, Cardell Smith, 906 East Capitol Boulevard, Paul Hanks, 45 East 500 North, Rod Miner, 835 East 450 North, Larry Wunderly, 631 Colorado Street, Eric Crotchett, 303 Almond #1, Hermoine Jex, suggested that the east/west access be maintained at the south end of the track. Public Hearing Registration Forms were submitted by 8 people who supported the petition but did not wish to speak. B. T. Price opposed the petition.
Councilmember Bittner supported an option which would allow for the construction of the track while keeping 200 North open. She expressed her commitment to the best interest of the community as a whole and suggested that 200 North should not be completely closed since she thought the loss of traffic circulation could become serious in the future. Councilmember Fonnesbeck expressed her concern about changing the Council’s commitment from what was previously approved and she felt strongly that they couldn’t go back on their decision. She believed that people should come before cars and said that West High has proceeded with their master plan. Mayor DePaulis expressed concern that the track would not be built if the school had to move both 200 and 300 North, move the tennis courts, and buy the houses because of the cost.
(P 85-258)
Special Lighting District 1
RE: A public hearing at 6:45 p.m. concerning the creation of a Special Improvement District to be known as Salt Lake City Lighting District No. 1, to operate, maintain, patrol, and power lighting improvements within the District and to levy special taxes as provided In Chapter 15, Title 10, Utah Code Annotated (1953), as amended, on the real estate lying within the District for the benefit of which such taxes are to be expended in the maintenance of such improvements.
ACTION: Councilmember Kirk moved and Councilmember Godfrey seconded to close the public hearing, which motion carried, all members voting aye.
Councilmember Kirk moved and Councilmember Mabey seconded to refer the protests to the transportation division for tabulation, which motion carried, all members voting aye.
DISCUSSION: P. D Kiser, transportation division, said that several protest petitions had been received, mainly from the Rose Park area. He said that some of the petitions appeared to have the required number of signatures so streets may be removed from the district. No one from the audience spoke.
(Q 86-2)
Industrial Revenue Bond
RE: A public hearing at 7:00 p.m. regarding Industrial Revenue Bonds for Chateau Brickyard.
ACTION: Councilmember Kirk moved and Councilmember Godfrey seconded to close the public hearing, which motion carried, all members voting aye.
Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Resolution 23 of 1986, subject to review by the City Attorney, authorizing and inducing the execution of a memorandum of agreement with Chateau Brickyard, a Utah General partnership or any company affiliated through common control, regarding the issuance of Industrial Development Revenue bonds not to exceed $6 million for an elderly residential retirement facility at 3080 South 1300 East, adjoining Brickyard Plaza; and encourage the owners to uncover and beautify the creek, which motion carried, all members voting aye.
DISCUSSION: Lance Bateman, finance director, explained that the IRB would be used for an elderly retirement housing facility. He said that this had been reviewed by the Incentive Review Committee and city departments and the $5,000 fee had been paid. Victor Fowler and Joseph Linton, developers, distributed copies of the project plan and said that the project would consist of 108 units plus amenities and services. They said that the maximum height of the buildings would be four stories and planning and zoning had approved their plan for the site. They also said that they would maintain the creek right of way and the Council encouraged them to uncover the creek and improve it. No one from the audience spoke.
(Q 86-1)
COMMENTS
Jean Babilis, representing Studebakers, a private club, said that they wanted to have an establishment in City Centre but, there was a problem because the City and County Building was designated as a park. He requested that the City and County Building be redesignated as a pedestrian plaza.
Roger Cutler, city attorney, mentioned that Dinwoody Park had been redesignated for this same reason. He said that there was a restriction in conjunction with the City and County Building that the grounds could only be used as a “park” or “pleasure ground” but he did not see any legal reason why this area could not be redesignated as a pedestrian plaza. He mentioned that it would be a policy issue and recommended that alcoholic beverages not be allowed to be consumed on the premises of the City and County Building.
Councilmember Kirk moved and Councilmember Mabey seconded to refer this request to the City Attorney to investigate options for designating Washington Square as a “pedestrian plaza” while still retaining ownership of the property and prohibiting consumption of alcohol on the premises, which motion carried, all members voting aye.
(G 86-10)
The meeting adjourned at 9:35 p.m.