PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
REGULAR/BRIEFING SESSION
TUESDAY, MAY 17, 1988
The City Council of Salt Lake City, Utah, met as the Committee of the Whole on Tuesday, May 17, 1988, at 5:00 pm. in Suite 300, City Hall, 324 South State.
The following Council Members were present: Florence Bittner Thomas Godfrey Wayne Horrocks Roselyn Kirk Sydney Fonnesbeck Willie Stoler Alan Hardman.
Council Chairperson Godfrey presided at the meeting.
BRIEFING SESSION
#1. The City Council presented retiring Chief of Police E. L. “Bud” Willoughby with a Resolution of Appreciation.
#2. Linda Hamilton, Executive Director, briefed the Council on the evening’s agenda. She indicated that there was a new proposed motion from Council Member Kirk dealing with previous years’ slippage funds for agenda item number F-2 14th Year Community Development Block Grant funds. Council Member Kirk indicated that she was concerned that slippage from previous years funding would be allocated to a variety of projects before it was determined whether or not the City could use the funds to help defray the costs of the Elderly Housing Bonds.
#3. Allen Johnson, Acting Director of Planning and Zoning, briefed the Council on a rezoning request at 500 East Street and Commonwealth Avenue. He indicated that Rainbo Oil was requesting the rezoning in order to redevelop the corner of 2100 South and 500 East Street with a convenience store/gas station/detached car wash.
Mr. Johnson indicated that when the Planning Commission recommended approval of the rezoning request, they took into consideration a number of site configurations. He said the proposal was designed to help prevent the extension of the commercial development of 500 East and infringement upon the adjacent residential areas. He indicated that part of the plan to prevent infringement was the redevelopment of a portion of the Rainbo property, which would remain zoned R-2, with new housing units.
#4. The City Council discussed the proposed Capital Improvements Program. Linda Hamilton indicated that the Council had requested additional information on two of the projects, the Sunnyside Recreation Center and the City/County Building. Council Member Roselyn Kirk reviewed the information concerning the Recreation Center with the Council. She indicated that, the residents’ matching funds had been acquired through a donation from Steiner Corporation. The only funding required after the City allocated its portion would be $200,000 from the Salt Lake City School District. Council Member Bittner said she would be willing to support the Sunnyside project, if it was understood that in exchange she would expect support from other Council Members for funding of a softball complex on the west side of the City. Council Member Hardman said that in reviewing the information on the lease for the land, he was concerned about a stipulation that after 20 years, the Bureau of Land Management would make a decision as to whether to offer the land to the City, renew the lease on their terms, or take the land back. He asked City Attorney Roger Cutler to investigate ways to protect the City’s interests after the 20 years were up.
The City Council conducted a straw poll on the funding of the Sunnyside Recreation Center. They voted unanimously to appropriate the $200,000. The City Council then reviewed the additional information they had received concerning the City/County Building funding in the Capital improvements Program. Council Members Horrocks, Hardman, Bittner, Stoler, and Kirk indicated that they still had sane questions concerning the allocation, and would like to reschedule a discussion of the issue.
The briefing session adjourned at 6:30 p.m.
The City Council of Salt Lake City, Utah, met in regular session on Tuesday, May 17, 1988, at 6:30 p.m. in the City Council Chambers, City Hall, 324 South State Street.
The following Council Members were present: Florence Bittner Tom Godfrey Wayne Horrocks Roselyn Kirk Sydney Fonnesbeck Willie Stoler Alan Hardman.
Mayor Palmer DePaulis, Roger Cutler, city attorney, Kathryn Marshall, city recorder, and Lynda Domino, chief deputy city recorder, were present.
Councilmember Godfrey presided at the meeting and Councilmember Bittner conducted the meeting.
Invocation was given by Police Chaplain Wenger.
The Council led the Pledge of Allegiance.
Approval of Minutes.
Councilmember Kirk moved and Councilmember Hardman seconded to approve the minutes of the Salt Lake City Council for the regular meetings held Tuesday, May 10, 1988, and Thursday, May 12, 1988, which motion carried, all members voted aye.
(M 88-1)
Special Recognition
#1. The Mayor and City Council presented a resolution of appreciation to retiring Chief of Police E. L. “Bud” Willoughby. Councilmember Godfrey read the resolution which stated that Chief Willoughby’s role in city government and the community at large had brought national attention to law enforcement in Salt Lake City and his professional life had been dedicated to protecting the public’s safety and well-being.
Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Resolution 49 of 1988, which motion carried, all members voted aye.
(R 88-1)
#2. The Mayor and City Council presented a resolution commending the police officers who were participating in the State-wide Law Enforcement Torch Run to benefit the Special Olympics. Councilmember Stoler read the resolution which stated that law officers throughout the United States and various nations of the world had generated more than two and a half million dollars so that the Special Olympics might be carried on with dignity and purpose. And stated it was important that the residents of Salt Lake City set aside time to honor all of the athletes who would participate in the Special Olympics being held at Brigham Young University and all of the police officers who would participate in this great event.
Councilmember Stoler moved and Councilmember Godfrey seconded to adopt Resolution 50 of 1988, which motion carried, all members voted aye.
(R 88-1)
#3. The Mayor and City Council presented a resolution approving the establishment of a Sister City relationship between Chernostsy, U.S.S.R. and Salt Lake City. Councilmember Fonnesbeck read the resolution which stated that it was to the mutual advantage of the cities of Salt Lake City, Utah, and Chernostsy in the Ukraine, and the citizens thereof to cultivate economic cooperation and cultural exchange and that the United States government had encouraged participation of cities for the purpose of aiding in international development.
Councilmember Fonnesbeck moved and Councilmember Godfrey seconded to adopt Resolution 51 of 1988, which motion carried, all members voted aye except Councilmember Hardman who voted nay.
(R 88-1)
DEPARTMENTAL BUSINESS
ADMINISTRATIVE SERVICES
#1. RE: An ordinance amending Title 8 of the Salt Lake City Code, 1988, as amended, by renumbering Section 8.04.010 Definitions, and adding new definitions in 8.05.020.12, 13, 16, 17, 19, 22, 27, 28, and 29; and adding a new Chapter 8.05 thereto relating to the regulation and control of vicious dogs.
ACTION: Councilmember Godfrey moved and Councilmember Hardman seconded to set a date for a public hearing to be held Tuesday, July 5, 1988, at 6:30 p.m., which motion carried, all members voted aye except Councilmember Fonnesbeck who was absent for the vote.
(O 88-7)
DEVELOPMENT SERVICES
#1. RE: A resolution specifying allocation of 14th Year Community Development Block Grant funds.
ACTION: Councilmember Kirk moved and Councilmember Godfrey seconded that the Council consider only 14th Year CDBG funding of $3,795,000 this evening and save consideration of prior year’s CDBG slippage for a meeting in June; Councilmember Hardman made a substitute motion.
Councilmember Hardman moved and Councilmember Horrocks seconded to appropriate $135,000 from previous year’s slippage for Police Athletic to acquire 5.3 acres of vacant land, which motion failed, Councilmembers Hardman and Horrocks voted aye and Councilmembers Stoler, Godfrey, Bittner, Kirk and Fonnesbeck voted nay. Councilmember Kirk’s motion was then voted on, which motion carried, Councilmembers Fonnesbeck, Godfrey, Kirk, and Stoler voted aye and Councilmembers Bittner, Horrocks, and Hardman voted nay.
Councilmember Horrocks moved and Councilmember Stoler seconded to reduce funding for the Neighborhood Housing Revolving Loan Fund by $10,000 to $75,000, which motion carried, Councilmembers Stoler, Hardman, Horrocks, and Bittner voted aye and Councilmembers Kirk, Godfrey and Fonnesbeck voted nay.
Councilmember Horrocks moved and Councilmember Stoler seconded to reduce funding for the Neighborhood Housing Security Lock Program by $3,000 to $30,000, which motion carried, all members voted aye except Councilmember Godfrey who voted nay.
Councilmember Horrocks moved and Councilmember Stoler seconded to eliminate funding for cleaning and securing vacant properties (BHS) recommended at $20,000, which motion carried, Councilmembers Bittner, Horrocks, Hardman and Stoler voted aye and Councilmembers Kirk, Godfrey, and Fonnesbeck voted nay.
Councilmember Horrocks moved and Councilmember Stoler seconded to reduce funding for the West Capitol Hill Street Improvements - Phase I by $5,000 to $20,000, which motion carried, Councilmembers Stoler, Hardman, Horrocks and Bittner voted aye and Councilmembers Kirk, Godfrey, and Fonnesbeck voted nay.
Councilmember Horrocks moved and Councilmember Staler seconded to reduce funding for the Neighborhood Attorney program by $4,000 so funding would be $5,000, which motion carried, Councilmembers Stoler, Kirk, Horrocks and Bittner voted aye and Councilmembers Godfrey, Hardman and Fonnesbeck voted nay.
Councilmember Horrocks moved and Councilmember Staler seconded to reduce funding for the “Athletic” Park Improvements by $15,000 to $75,000. After discussion Councilmember Horrocks withdrew this motion.
Councilmember Horrocks moved and Councilmember Stoler seconded to reduce funding for the new Women’s Shelter by $25,000 to $175,000, which motion carried, Councilmembers Stoler, Hardman, Horrocks and Bittner voted aye and Councilmembers Kirk, Godfrey and Fonnesbeck voted nay.
Councilmember Horrocks moved and Councilmember Stoler seconded to reduce funding for the YWCA Mechanical System Improvement by $5,000 to $15,000, which motion carried, Councilmembers Stoler, Hardman, Kirk, Horrocks and Bittner voted aye and Councilmembers Godfrey and Fonnesbeck voted nay.
Councilmember Horrocks moved and Councilmember Stoler seconded to eliminate funding for the Neighborhood Self-Help Grants- Eligible Areas recommended at $25,000; Councilmember Hardman made a substitute motion.
Councilmember Hardman moved that the $25,000 allocated to Neighborhood Self-Help Grants-Eligible Areas go directly to SLACC to be administered by them and the community affairs department. After discussion this motion was withdrawn and not seconded.
The Council then voted on Councilmember Horrocks’ motion, which motion failed, Councilmembers Kirk, Godfrey, Hardman, and Fonnesbeck voted nay and Councilmembers Stoler, Horrocks, and Bittner voted aye.
Councilmember Horrocks moved and Councilmember Stoler seconded to eliminate funds for the Salt Lake City Housing Resource Board recommended at $3,000. After discussion Councilmember Horrocks withdrew his motion.
Councilmember Horrocks moved and Councilmember Stoler seconded to reduce administrative funding for the city attorney by $12,000 to $30,000, which motion carried, Councilmembers Stoler, Hardman, Horrocks and Bittner voted aye and Councilmembers Kirk, Godfrey, and Fonnesbeck voted nay.
Councilmember Horrocks moved and Councilmember Stoler seconded to allocate $84,000 to the Police Athletic League to acquire 5.3 acres of vacant land; Councilmember Kirk made a substitute motion.
Councilmember Kirk moved and Councilmember Stoler seconded that if the city was unable to buy the property for $84,000 then the money be placed in contingency and consider it in June. After discussion Councilmember Kirk withdrew her substitute motion. After discussion Councilmember Horrocks withdrew his original motion.
Councilmember Horrocks moved that the Mayor exercise his option of using $6,000 to tie up the PAL property, that the Council put $12,000 back in the attorney’s budget, and that the Council put the remainder in contingency earmarked for the purchase of the PAL property and consider additional funding at a future time. The Council decided to make this three different motions so Councilmember Horrocks withdrew his motion.
Councilmember Horrocks moved and Councilmember Stoler seconded to allocate $6,000 for an option to purchase property for the Police Athletic League (14th Year money). Councilmember Horrocks later withdrew his motion.
Councilmember Horrocks moved and Councilmember Stoler seconded to reconsider the motion reducing administrative funding for the city attorney by $12,000, which motion carried, all members voted aye.
Councilmember Horrocks moved and Councilmember Godfrey seconded to re-allocate $12,000 to administrative funding for the city attorney, which motion carried, all members voted aye.
Councilmember Horrocks moved and Councilmember Stoler seconded to put $66,000 in the contingency fund earmarked by legislative intent to help purchase the land for PAL. Councilmember Horrocks later withdrew his motion after staff recommended doing this another way.
Councilmember Stoler moved and Councilmember Horrocks seconded that the Council adopt a legislative intent that as 14th Year Community Development Block Grant slippage funds become available, $43,000 be allocated to the Rape Crisis Center, which motion carried, Councilmembers Bittner, Horrocks, Hardman and Stoler voted aye, Councilmembers Godfrey and Kirk voted nay, and Councilmember Fonnesbeck was absent for the vote.
Councilmember Horrocks moved and Councilmember Stoler seconded to place $72,000 into land acquisition with $6,000 to be used to exercise the option to purchase property for the Police Athletic League, which motion carried, Councilmembers Bittner, Horrocks, Hardman and Stoler voted aye and Councilmembers Fonnesbeck, Godfrey, and Kirk voted nay.
Councilmember Stoler moved and Councilmember Horrocks seconded to adopt Resolution 52 of 1988 adopting the final statement regarding 14th Year Community Development Block Grant funding with Exhibit “A” as amended, which motion carried, Councilmembers Bittner, Horrocks, Hardman and Stoler voted aye and Councilmembers Fonnesbeck, Godfrey, and Kirk voted nay.
DISCUSSION: Prior Year’s Slippage Funds: Councilmember Kirk said she had concerns about the Housing Development Corporation and the large deficit the city may have in the elderly housing project. She wanted to keep the funds available if they needed to use them. Councilmember Hardman thought the Council ought to fund the Police Athletic League property acquisition with slippage and not take money away from the other CDBG projects in order to fund it. Councilmember Kirk said if they didn’t have slippage available in the event the city needed it for the elderly housing project, then the Council may have to raise taxes.
Councilmember Godfrey was concerned that setting a dollar amount ahead of time for the purchase of the PAL property would set a bad precedent for the property negotiations. He said the PAL project was getting $70,000 from the police department and $86,000 from the parks department this year and he wanted to see how much more good they could do in the neighborhood before the Council added more property to the project. Councilmember Stoler asked if the slippage money could be used for the elderly housing project.
Councilmember Godfrey said that project was CD eligible under HUD guidelines. Roger Cutler, city attorney, said the money could be used for elderly housing and it would have to be appropriately designated for those purposes and used for eligible projects. Councilmember Horrocks said one owner of the PAL property was in bankruptcy and wanted cash so there was no guarantee that the land would be available next year. Councilmember Hardman said he would not vote in favor of raising taxes to pay for the elderly housing project and he reiterated that he thought it was unfair to take money from other programs.
Councilmember Fonnesbeck said she had a problem with the process the Council was going through at this point to fund the PAL property acquisition. She said she was concerned that cuts to other projects may kill them and she was bothered by taking money away from housing projects to buy land for PAL. She said after they acquired the property they would only have a vacant piece of property that would need additional money to be developed. She said she was not opposed to buying that property but thought there was a better procedure. In regards to the elderly housing, she said eventually the city would have to come up with the money in order to preserve their credit rating.
Mayor DePaulis reiterated that $156,000 was being allocated to PAL from the general fund in order to ensure the program and he didn’t feel he could spend an additional $135,000. The Mayor said he wasn’t sure he could get the property because of the bankruptcy issue. He supported acquisition of the property but thought there was a better process. He said for $6,000 he could tie up the property and he suggested that the Council appropriate $6,000 to ensure the option on the property and buy time.
Neighborhood Housing Revolving Loan Fund: Councilmember Horrocks said that CDAC’s recommendation was $75,000 and he thought the “high risk” kids needed the PAL program. Councilmember Godfrey said he had a problem with reducing the revolving loan fund because the money in this fund stayed in the city. He reiterated that PAL was getting $156,000 from the general fund which he thought showed a commitment to the project. Councilmember Stoler supported what Councilmember Horrocks was trying to do and thought PAL needed to expand their program to be more than just boxing and basketball. He said they needed to expand and develop the program so potential violence among the youth would be curtailed.
Councilmember Kirk said she had a problem with reducing money from other projects at this point because of the extensive process to determine where the funding should go and she didn’t think they should change at the last minute. Councilmember Horrocks said many of his recommendations would reduce project funding back to what CDAC had recommended. Councilmember Bittner supported the PAL project as a prevention program with a good pay back. She said the building needed to be expanded and she thought Councilmember Horrocks’ cuts would not “kill” programs. She thought essentially they were spending next year’s slippage since slippage was built in to the projects.
Councilmember Kirk was concerned about taking money from the homeless project since $4,000,000 had been raised from the private sector. She thought at this point it would be hard to raise any more money from the private sector and said the homeless committee had been working a long time on this project. She thought cutting money from the project would hurt it. Councilmember Stoler said he thought all the projects were worthy and felt PAL was a priority in order to prevent youth problems.
Funding for Cleaning and Securing Vacant Properties, (BHS):
Councilmember Godfrey asked what the $20,000 was for. Stephanie Loker, capital planning and programming, explained that this money would be used to help with the problems the city had with abandoned and deteriorating properties which were not boarded up or where weeds were overgrown. She said a lien would be placed on the property so the money would revolve back to the city. This money could be used to take immediate action while the situation was in the court system. The Mayor said the problem of abandoned and unsafe property repeatedly came before the city. Councilmember Horrocks said that $20,000 would not begin to take care of the problem and he said this was a new program which would have to have funding in order to continue.
West Capitol Hill Street Improvements - Phase I:
Councilmember Horrocks said he spoke to an officer of the Capitol Hill Neighborhood Council and he said that person felt $20,000 was adequate for the purpose. Councilmember Fonnesbeck asked Hermoine Jex from the Capitol Hill Neighborhood Council if she knew anything about this and Mrs. Jex said no.
Neighborhood Attorney Program: Councilmember Godfrey asked what affect a $4,000 reduction would have on the program. Ms. Loker said the case load would be cut in half. She said the project related to filing civil charges against land owners of property which was not maintained. She said this type of program was successful in other areas with faster results than the regular procedure. Councilmember Fonnesbeck said she understood that the neighborhoods determined which projects the money would be used for and this program gave the neighborhoods access to an attorney.
Councilmember Horrocks said there had been $9,000 from last year which hadn’t been used very quickly. Ms. Loker said this was a pilot program and there should be action soon. Mr. Cutler said he understood that this was a legal service available to the community councils and was an advocacy program for people who had problems with landlords.
“Athletic” Park: Councilmember Horrocks said $75,000 was CDACs recommendation. Councilmember Godfrey said this was in his district and said the neighborhood wanted the restrooms operational and the sidewalks and parking fixed. He said these improvements would be over $90,000. Councilmember Fonnesbeck pointed out that this park also served young people and she asked why the kids in one area should get less in order to give privileges to kids in another area. Councilmember Horrocks said he didn’t want to shortchange kids.
Women’s Shelter: Councilmember Kirk said she worried about the message this cut would send to the private sector. She said the committee had raised 2/3 of the $4,000,000 needed and she thought at this point it would be discouraging to cut $25,000. Councilmember Godfrey asked Steve Holbrook, a member of the homeless committee, how this cut would affect the program. Mr. Holbrook said they had reached the point of having received maximum support from the private sector. He said at the very least it would mean continued fund raising events. He said they were asking individuals capable of giving large gifts to donate more if possible. Councilmember Horrocks said he did not want to appear as though he didn’t support this and he pointed out that he had spent many hours working on low-income issues.
YWCA Mechanical System Improvement: Councilmember Horrocks said he felt that current lighting could last for another year without creating an emergency. Councilmember Godfrey asked what a $5,000 reduction would do to the program. Ms. Loker said the YWCA has a master plan for improvements and was counting on this money to complete one of the last phases. She said they wouldn’t be able to finish the master plan.
Neighborhood Self-Help Grants-Eligible Areas: Councilmember Horrocks said for a number of years he wanted to have SLACC recognized by ordinance and had been in favor of funding neighborhood councils. He wanted to see SLACC be recognized this year by ordinance but was concerned that if they allocated $25,000 for this program then the money would be scattered by every neighborhood group that came in and the neighborhood councils would suffer. Councilmember Hardman suggested that the money be allocated so that SLACC could administer it. Roger Cutler, city attorney, said they would have to look at this to see if it can be done. Rawlins Young, chairman of the Community Development Advisory Committee, indicated that SLACC would develop guidelines so all areas would be represented and SLACC would probably have over-sight capacity. Councilmember Hardman said he didn’t want to see this program used to weaken the neighborhood council system and indicated that if Mr. Young felt comfortable about it then he did too.
Councilmember Godfrey said he opposed eliminating this funding and said the community groups felt strongly about it. Rosemary Davis, capital planning and programming, said that when the neighborhoods used this money for projects, money would be paid directly to the vendor and not to the neighborhood council.
Salt Lake City Housing Resource Board: Councilmember Horrocks said that over the years the neighborhood councils had been heavily involved in fair housing issues and he thought this would be duplicating services. Councilmember Godfrey opposed eliminating these funds because this program was recommended by HUD. Ms. Davis said they got audits from the Equal Opportunity people in Denver all the time and one of the issues they were pushing was fair housing. She said the city could either fund this program or do their own equal opportunity program.
She said the Salt Lake City Housing Resource Board would handle problems and issues rather than the city. Ms. Loker said the board would be a private non-profit group made up of representatives from each of the communities in the valley. Council- member Fonnesbeck said if this was mandated then the Council needed to fund the program. Councilmember Horrocks said he thought this program was duplicating what the neighborhood councils could do but would withdraw his recommendation upon the recommendation of Ms. Davis.
Administrative Funding/City Attorney: Councilmember Godfrey said this dealt with the attorney’s office reviewing CD eligible projects. He thought the city could be in trouble if they dropped this funding. Roger Cutler, city attorney, said Larry Spendlove assisted in reviewing grants to make sure they met federal requirements. He said the Council had tentatively approved his budget which contemplated this money as the revenue source to fund the position. He said if the $12,000 was cut they would either have to eliminate the service or use funds from the budget fund designated to hire outside counsel, otherwise the whole position would have to be eliminated.
Lance Bateman, finance director, said this was a revenue source for the general fund and if the Council eliminated this money they would unbalance the general fund. Mr. Cutler reiterated he would either have to fund this from the general fund, eliminate the position, or make it up from another line item in his budget. Councilmember Horrocks asked if it would be cheaper to contract an attorney to do the grant reviews. Rosemary Davis said the work involved in reviewing the grants was extensive and required a lot of background. She said to hire a contract attorney with no background would cost more money.
Police Athletic League Property Acquisition/$84,000: Councilmember Horrocks asked Mayor DePaulis to use the $84,000 cut from other programs to purchase the PAL property. Mayor DePaulis said this would not be enough. Councilmember Kirk asked that if the city couldn’t buy the property with $84,000 then the money be put in contingency and considered in June along with the other contingency money. Stephanie Loker said she needed to send the application to HUD because they took 30 days to review it and if they didn’t get it until the middle of June then block grant money would probably not be available until the first or second week of August and all projects would be delayed.
Councilmember Bittner suggested putting the money in contingency now and have the Mayor do what he could on the purchase of the property. Ms. Loker said if this money went to HUD as part of contingency then this issue would have to go back before the Council for approval later and an amended application would have to go to HUD. Mayor DePaulis said $84,000 was only 60% of what they thought the appraised value was. He said part of this money would affect the general fund budget ($12,000 from the attorney’s office). He felt the Council was leaving him with an impossible situation and said he could not guarantee that he wouldn’t veto this.
He agreed with the idea of purchasing the property but reiterated that he had given the Council other options to tie it up and suggested that the Council vote for his option. Councilmember Horrocks asked where the city would get the additional money to buy the land after the city took an option on it. The Mayor said the real property manager would provide the alternatives to purchase the property, such as a land trade or selling surplus property to pay cash. Ms. Loker said this property was zoned “R-2” and it was an unlikely place for residential development. The Mayor said Salt Lake City was the best buyer and he did not think the land was in jeopardy of being sold right away.
Councilmember Hardman suggested leaving the $84,000 for the program with the intent that as slippage became available in 14th Year it would go to this project. The Mayor said this wouldn’t be beneficial because he couldn’t buy the land for $84,000. The Council decided to put $12,000 back in administration, ask the Mayor to use $6,000 to get an option on the PAL property, and allocate the remainder to be used to help purchase the PAL property later. Mayor DePaulis said the remainder of the money would need to be put in the CDBG land acquisition fund for the purpose of tying up the property and he said then they would not have to recall it. Ms. Loker pointed out that if there was a 15% change in the budget this would have to go back before Council anyway.
Rape Crisis Center: Councilmember Stoler wanted to allocate $43,000 to the Rape Crisis Center because he thought this was a necessary and good program. He said when he worked in the police department he had many experiences working with this crime and people suffering from this trauma needed this service. Councilmember Godfrey said the county was allocating $43,000 and with the city’s $25,000 allocation he asked if this equaled their $68,000 request. Christine Waters, director of the Salt Lake Rape Crisis Center, said the entire building project would cost about $214,000.
She said the $68,000 they requested from the city was equivalent to 47% of the cost of the building project and said 47% of the people they served were Salt Lake City residents. She said the money they applied for from the county was separate from this $68,000. She said they currently leased a portion of the building to pay a percentage of the mortgage but wanted to pay for the entire building project so they could expand into the other 1,600 square feet. She said the problem was growing and the center needed to expand to continue to meet the demands.
At the conclusion of the discussion, Mayor DePaulis said that he was not at odds with Councilmember Horrocks about the issue of the PAL property but he didn’t think the way this process came out was good public policy so he wanted to study the actions the Council took on this budget. He said he would take his 15-day prerogative to review this with the possibility of vetoing all or part of the actions. He said he would notify the recorder’s office of his decision.
(T 88-1)
FIRE DEPARTMENT
#1. RE: An interlocal cooperation agreement between Salt Lake City Corporation and Salt Lake County to provide grant funds to Salt Lake City in the not to exceed amount of $62,936.51 for the purpose of purchasing emergency medical items through the Salt Lake City Fire Department.
ACTION: Councilmember Godfrey moved and Councilmember Hardman seconded to adopt Resolution 47 of 1988 authorizing execution of the interlocal cooperation agreement, which motion carried, all members voted aye except Councilmember Fonnesbeck who was absent for the vote.
(C 88-221)
MAYOR’S OFFICE
#1. RE: A resolution of the Board of Trustees of the Municipal Building Authority of Salt Lake City, Salt Lake County, Utah, executing the Third Amendment to Sale Agreement between the Authority and Pacific Northwest Realty Corporation, which amendment permits representatives of the city to gain access to the Public Safety Building for the purpose of performing certain work.
ACTION: The Council pulled this from the agenda.
(Q 87-11)
PUBLIC UTILITIES
#1. RE: An interlocal cooperation agreement between Salt Lake City Corporation and Salt Lake County for an easement for a city water main installation in a county street.
ACTION: Councilmember Godfrey moved and Councilmember Hardman seconded to adopt Resolution 48 of 1988 authorizing execution of the interlocal agreement, which motion carried, all members voted aye except Councilmember Fonnesbeck who was absent for the vote.
(C 88-222)
PUBLIC WORKS
#1. RE: A resolution creating Special Improvement District 38- 830, Downtown Beautification.
ACTION: Councilmember Horrocks moved and Councilmember Kirk seconded to adopt Resolution 53 of 1988 creating Salt Lake City, Utah, Special Improvement District No. 38-830 for Downtown Beautification (West Temple Street, Pierpont Avenue, South Temple and abutting side streets - 200 South and 300 South), described in the Notice of Intention and with modified boundaries to include additional properties authorizing the city officials to proceed to make improvements as set forth in the Notice of Intention to create the district, which motion carried, all members voted aye except Councilmember Fonnesbeck who was absent for the vote.
(Q 88-3)
PUBLIC HEARING
Petition No. 400-586 by Rainbo Oil.
RE: A hearing at 6:20 p.m. to obtain public comment concerning the request that Salt Lake City rezone the north 57 feet of three lots located on the northeast corner of Commonwealth Avenue and 500 East Street from Residential “R-2” to Commercial “C-1 in order for Rainbo Oil to develop the southeast corner of 2100 South and 500 East Streets as a convenience store, gas pump islands and a detached car wash.
ACTION: Councilmember Stoler moved and Councilmember Kirk seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Stoler moved and Councilmember Horrocks seconded to adopt Ordinance 27 of 1988 rezoning the north 57 feet of three lots located on the northeast corner of Commonwealth Avenue and 500 East from Residential “R-2” to Commercial “C-1 subject to certain conditions, which motion carried, all members voted aye except Councilmembers Fonnesbeck and Hardman who voted nay.
DISCUSSION: Allen Johnson, acting planning director, outlined the area on a map and said it was presently occupied by a service station and convenience store. He said the petitioner’s request was consistent with the Sugar House Community Master Plan and the use of the property as a car wash was a conditional use in the “C-1 zone which required the petitioner to have Board of Adjustment approval.
He said the lots facing on Commonwealth Avenue and running north/south would need to re-platted and the petitioner would have to have hearings before the Board of Adjustment. He said the Planning Commission supported the request because they felt the redevelopment of the corner would be a stimulus to this part of Salt Lake City; the Rainbo Mart would be required to upgrade the site in terms of curb, gutter, sidewalks, and landscaping; and significant buffers would also be required around the property as part of the conditional use.
He said there would be a greater utilization of the site because it would be a new facility and an added attraction to the neighborhood in terms of the business. He said the actual building coverage ratio would be reduced as a result of the new building, there would be a decrease in the amount of impervious material, and an increase in landscaping. As far as traffic, he said they anticipated 500 average trips per day with 100 using the car wash and he said they thought 2100 South and 500 East were wide enough to accommodate the traffic.
He said the Planning Commission recommended that an additional 2.5 feet of property be dedicated on the west side of the project to accommodate a right turn lane and the Planning Commission suggested that the Board of Adjustment consider certain design features on the site regarding front yards, side yards and buffers, and that the site be designed so the building was compatible with the neighborhood; the Planning Commission also recommended that the project be referred to them for a recommendation.
Councilmember Godfrey said the Planning Commission had recommended seven conditions and Mr. Johnson had only outlined three. Mr. Johnson said the other four would be considered by the Board of Adjustment because they were administrative and site design functions. Mr. Godfrey also asked if recommendations from the City/County Board of Health would be considered by the Board of Adjustment and Mr. Johnson indicated they would and said the Board of Adjustment would handle most of the site design issues.
Harlan McGregor, petitioner, said Rainbo Oil was a local company which was controlled and operated by local people. He said they wanted to be responsible and wanted to cooperate. He said in Sandy City, Rainbo Oil had won the beautification award for the last four years and he said their buildings were finished on all four sides and they did extensive landscaping. He said they were prepared to meet the noise level standards which had been imposed by the health department and said they had hired an acoustical engineer to help resolve the issues. He said they took noise readings on 2100 South and 500 East and there were levels above the 70 decibel level; the health code said they couldn’t exceed 55 decibels during the day and 50 at night. He said they were prepared to meet those standards and explained that the dryer in the car wash made the noise so they would code the system to have the doors close during the drying cycle.
Richard Fulmer, acoustical engineer, said they were contacted by Rainbo Oil to review the situation and make projections about the impact to the neighborhood. He said they had taken measurements of similar operations and said there were several things that could be done to make the noise in the residential areas meet the county requirements. Councilmember Hardman asked how many of Rainbo’s car washes were in the Salt Lake Valley. Mr. McGregor said they had 11 with 3 more currently under construction.
He said he had a lot of experience with car wash machines and said the machine they proposed for this location would be quieter than the machine they measured. He said they contacted the manufacturer which said they could code the machine so the doors would close on the dry cycle. Councilmember Stoler asked if Rainbo’s current operations were below the county noise standards. Mr. Fulmer said they took measurements at a 25-foot location from existing facilities and then they calculated what would happen at different locations on the proposed site. He said they could then determine what needed to be done to meet the noise standard.
The following citizens opposed the petition: Carol Fahrmann, 347 Strongs Court; Virginia Reiter, 842 East 500 South; Bill Hanewinkel, 1082 Lake Street; Joyce Palmer, 520 Commonwealth; Marlene Palmer, 520 Commonwealth; Richard Behm, 356 South 9th East and Orson Gibb. These citizens opposed the rezoning because of the noise that would be created from the car wash facility, car radios, traffic, customer fights, and the intercom. They did not think this was a compatible use for the neighborhood and thought it was disruptive based on problems from similar operations in other parts of the city.
Ms. Fahrmann submitted a petition signed by area residents who opposed the rezoning. She said she could hear the noise inside her house with all the doors and windows closed. She was concerned because the hours of operation were from 6:00 a.m. to 11:00 p.m. and was concerned about the traffic situation and safety to children in the neighborhood. Mr. Behm said he lived next to a similar facility owned by Phillips 66 and said it was very noisy and cars stacked up which caused problems with carbon monoxide fumes. He said he couldn’t keep his apartments rented. Rawlins Young, Sugar House Community Council, said in December Rainbo Oil came before the community council in a meeting. He said the people in the area were interested in getting infill housing so at that time the Sugar House Community Council, having held a meeting with some of the neighborhoods, approved the rezoning. But in the past few weeks they had been confronted with new concerns and problems which were not addressed at the original meeting. He said the Sugar House Community Council had not had time to hold a meeting to discuss the new information.
Councilmember Stoler said he received a call from the chairman of the Sugar House Community Council today and she said they still supported the project. He said Rainbo was being blamed for problems at the Phillips 66 station and said he went to a Rainbo operation and did not think it was very noisy. He said the project was approved by the neighborhoods in December because the landscaping would beautify the area and improve 500 East and Commonwealth. He also said they supported the proposed housing. He said he was familiar with the high-pitched whining sound caused by the dryers and said the Rainbo facility he visited did not have that problem.
Councilmember Hardman said the culprit seemed to be the dryer and he asked how critical it was to the operation. Mr. McGregor said the wash alone was a losing proposition so they needed the dryer. He said roughly 17% of the customers used the dryer. He said Rainbo had not had a stacking problem and added that people did not usually wait for more than 4 cars. He said without the dryer their average loss would be about $17.00 per day. Councilmember Hardman also asked if they had the exterior vacuum and Mr. McGregor said some of their operations did but it was not critical.
Councilmember Horrocks asked if the landscaping would be designed to control noise. Mr. McGregor said the acoustical engineers would design a wall to accomplish noise control. Mr. Fulmer said vegetation did not do much acoustically unless it was very dense. Councilmember Fonnesbeck complimented Rainbo Oil for their nice landscaping. She expressed concern with the fact that the city had not changed the ordinance since they allowed the Phillips 66 station and she thought the ordinance needed to be changed. She said she preferred to wait for the Board of Adjustment to deal with the current problems and wanted to delay action on this petition because she did not feel ready to vote. She asked how soon the other situation would go before the Board of Adjustment.
Mr. Johnson said they were in a negotiation phase and had an agreement between the neighbors and Phillips which was being reviewed by Phillips attorneys. He said if the negotiations broke down then they would go to the Board of Adjustment and tell them the original project had not included a dryer. Councilmember Fonnesbeck wanted to make sure the neighborhoods had legitimate guarantees regarding these types of operations so they did not have to end up negotiating with the owners later.
She felt that the city had an obligation to make sure conditions were fulfilled when someone was granted a conditional use. Mr. Johnson said they would use the Board of Adjustment as per the conditional use process and would respond to complaints as they received them. He said when the Phillips car wash was approved there was not going to be a dryer but he said they knew the Rainbo project would include a dryer so they could take action to ensure that the noise issue was resolved.
Councilmember Stoler said he visited the Rainbo location at 3900 South 500 East and he assured the Council that the noise was minimal.
(P 88-71)
COMMENTS
#1. Bernice Cook, member of the People’s Freeway Community Council, said she wanted a “clean up” law for people with dogs in the city. She said there was a perk behind her house and she had a problem with dogs using her lawn.
#2. Ruth Larson addressed the City Council regarding University Village residents’ concerns about construction and operation of the power station and run-off pond by Evans and Sutherland on the corner of Foothill Boulevard and Sunnyside Avenue. Mrs. Larson said she was concerned that the high-power lines and station adjacent to the playground area posed a health and safety threat to the children. She said this was hazardous because older children played in or around the area where these lines were located.
She was also concerned about a drainage pond under construction which would be a safety hazard. She suggested that the power lines be moved to a less populated area in Research Park and suggested that the run-off pond be covered. Councilmember Kirk said the University was under the jurisdiction of the state and invited Mrs. Larson to attend a meeting on June 1 at 5:00 p.m. to speak before the Research Park Committee, which would be the appropriate group to deal with her concerns.
(G 88-10)
The meeting adjourned at 10:50 p.m.