November 10, 1987

 

PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH

REGULAR/BRIEFING SESSION

TUESDAY, NOVEMBER 10, 1987

 

THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, NOVEMBER 10, 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 told the Council that Elma Jean E. Scott-Palmer and Norma Campbell would not be interviewed as scheduled. The Council interviewed Ronald Weber prior to his appointment to the Board of Appeals and Examiners. Council Member Fonnesbeck asked Mr. Weber if he could for see any conflict of interest in serving on the Board because of his affiliation with a structural engineer consulting firm. Mr. Weber told the Council that he felt he could serve on the Board without biases or conflicts of interest. The Council told Mr. Weber that the City was fortunate to have him agree to serve because he was well qualified.

 

Ms. Hamilton told the Council that an ordinance, amending Section 46-6-105 of the Revised Ordinances of Salt Lake City, 1965, relating to users of drugs and intoxicants, contained technical changes that were necessary to bring the city ordinance into conformance with the state statute.  Ms. Hamilton briefed the Council on a resolution amending budgets of Salt Lake City, Utah, for the fiscal year beginning July 1, 1987, and ending June 30, 1988. The Council specifically discussed a request by the Salt Lake City Fire Department to allocate funding from contingency for 15 fire fighters to staff Fire Station No. 9 at the International Center.

 

Council Member Mabey said he felt the Fire Department may already have more staff than necessary and suggested that fire personnel could be reassigned to cover operations at Fire Station No. 9 without hiring more staff. He cited a research analysis of comparable size cities published by the National League of Cities and ICMA which indicated that current staffing levels of the Salt Lake City Fire Department were above average for the population.

 

Council Member Fonnesbeck said the study probably did not take into account the geographical layout of Salt Lake City and added that the Council should not make staffing decisions based on the comparative analysis, but rather should wait for a report from the auditors. She told the Council a compromise could be reached that would satisfy the immediate needs of the Fire Department, but would allow for implementation of recommendations that were made by the auditing firm. She told the Council that the compromise consisted of the following: A preliminary report on staffing provided by the auditing firm; prior to allocating the requested funds; the Council would receive revenue projection reports from the finance department; the Council would place an appropriation ceiling on the allocation from contingency funds; the ceiling could be raised or lowered after the final audit report was given to the Council.

 

She added that if the final staffing report from the auditors indicated that the Fire Department was over staffed, the Fire Department could decrease staff through attrition. Council Member Mabey said the buildings in the International Center were equipped with sprinklers and because the buildings had fire containing mechanisms, he felt the Council should wait until the audit report was finalized before making any decisions concerning staffing.

 

Council Member Bittner said that District One needed more fire coverage because it had the least amount of coverage of all of the Council Districts. Council Member Mabey agreed that District One needed more coverage, however, he again added that the coverage could be obtained with current staff.  Ms. Hamilton told the Council that Louis Miller, Director of Airports, sent the City Council a letter supporting Petition No. 400-552 submitted by UNISYS. The petitioner requested that the city change the name of Sperry Way to 2200 West.

 

The meeting adjourned at 6:00 p.m.

 

THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, NOVEMBER 10, 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.

 

Michael Zuhl, Acting Mayor, Roger Cutler, city attorney, and Lynda Domino, chief deputy city recorder, were present. Mayor DePaulis and Kathryn Marhsall, city recorder, were absent.

 

Council Chairperson Kirk presided at and Councilmember Hardwick conducted the meeting.

 

The Council led the Pledge of Allegiance.

 

Approval of Minutes

 

Councilmember Godfrey moved and Councilmember Kirk seconded to approve the minutes of the Salt Lake City Council for the regular meetings held Tuesday, November 3, 1987, and Thursday, November 5, 1987, which motion carried, all members voted aye except Councilmember Stoler who was absent for the vote.

(M 87-1)

 

Special Recognition

 

The City Council presented the National Institute for Automotive Service Excellence with a proclamation of recognition and presented a plaque to David Johnson for his top score on the National Institute for Automotive Service Excellence tests. Councilmember Kirk read the proclamation recognizing the National Institute for Automotive Service Excellence for testing and certifying auto technicians as ASE Certified Technicians thereby informing the public as to their competence and concern about safe and professional auto repairs. And proclaiming November 10 to December 10, 1987, as Salute to the ASE Certified Technicians month in Salt Lake City.

 

Councilmember Kirk also presented a plaque to David Johnson for his top score on the ASE test. Mr. Johnson explained that there were eight areas to be tested in before a person could become a master mechanic. He said he got this award for having the highest score and thanked the NIASE. He said this was a good program that benefited consumers.

 

PETITIONS

 

Petition 400-545 by the Church of Jesus Christ of Latter-Day Saints.

 

RE: The request that Salt Lake City vacate a 10-foot alley right of way located north of the LOS Church at 1078 McClelland.

 

ACTION: Councilmember Fonnesbeck moved and Councilmember Godfrey seconded to set a non-advertised public hearing to be held Tuesday, November 17, 1987, at 6:20 p.m., which motion carried, all members voted aye.

(P 87-299)

 

DEPARTMENTAL BUSINESS

ATTORNEY’S OFFICE

 

#1. RE: An ordinance amending Section 46-6-105 relating to users of drugs and intoxicants and driving under the influence by clarifying the admissibility of alcohol chemical tests given within two hours of the arrest, clarifying the section on “actual physical control” of the vehicle, defining the measurement of blood alcohol content to be in grams per 210 liters of breath, and making the sentencing provisions consistent with state law.

 

ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to suspend the rules and on first reading adopt Ordinance 82 of 1987 amending Section 46-6-105 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to users of drugs and intoxicants, which motion carried, all members voted aye.

(O 87-34)

 

MAYOR’S OFFICE

 

#1. RE: The appointments of Elma Jean E. Scott-Palmer, Elizabeth Haslam, and Maj-Greth H. Holmberg to the Housing Advisory and Appeals Board.

 

ACTION: Councilmember Fonnesbeck moved and Councilmember Mabey seconded to pull the name of Elma Jean E. Scott-Palmer and approve the appointments of Elizabeth Haslam and Maj-Greth H. Holmberg, which motion carried, all members voted aye.

(I 87-2)

 

#2. RE: The reappointment of I.J. Wagner to the Board of Adjustment.

 

ACTION: Councilmember Fonnesbeck moved and Councilmember Godfrey seconded to approve the reappointment of I.J. Wagner, which motion carried, all members voted aye.

(I 87-1)

 

#3. RE: The appointment of Ronald H. Weber to the Board of Appeals and Examiners.

 

ACTION: Councilmember Fonnesbeck moved and Councilmember Godfrey seconded to approve the appointment of Ronald Weber, which motion carried, all members voted aye.

(I 87-17)

 

#4. RE: The appointments of Bernette Murphy and Norma Campbell to the Community Development Advisory Committee.

 

ACTION: Councilmember Fonnesbeck moved and Councilmember Mabey seconded to refer the appointments to the Committee of the Whole, which motion carried, all members voted aye.

(I 87-20)

 

#5. RE: The reappointment of Keith Stepan to the Planning and Zoning Commission.

 

ACTION: Councilmember Fonnesbeck moved and Councilmember Godfrey seconded to approve the reappointment of Keith Stepan, which motion carried, all members voted aye.

(I 87-8)

 

#6. RE: An ordinance decreasing business regulatory fees for apartment houses.

 

ACTION: Councilmember Kirk moved and Councilmember Godfrey seconded to suspend the rules and on first reading adopt Ordinance 83 of 1987 amending Section 20-36-3 of the Revised Ordinances of Salt Lake City, Utah, 1965, revising business regulatory fees for apartment houses, which motion carried, all members voted aye.

(O 87-36)

 

#7. RE: Municipal Building Authority of Salt Lake City, Salt Lake County, Utah, Lease Revenue Bonds (capital facilities and improvements acquisition project) Series 1987.

 

ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Resolution 132 of 1987 approving the organization of the Municipal Building Authority of Salt Lake City, Salt Lake County, Utah, and the forms of Articles of Incorporation and By-Laws relating thereto, and authorizing the appropriate officers of said City to take all necessary action in connection therewith; authorizing and directing the publication of this resolution approving the selection of an under-writer and bond counsel for certain Lease Revenue Bonds, Series 1987, to be issued by the Municipal Building Authority, which motion carried, all members voted aye.

 

Councilmember Bittner moved and Councilmember Mabey seconded to adopt an intent that the savings realized from the police department be used on a continuing basis towards retiring the bond, which motion carried, all members voted aye.

 

DISCUSSION: Councilmember Bittner said part of the repayment of the bonds would be accomplished by savings from the police department and she recommended that the Council adopt an intent that the savings be used on a continuing basis to help pay off the bond. Councilmember Stoler asked Lance Bateman, finance director, to explain the size of the bond, the yearly payments, and where the money would come from. Mr. Bateman said the building was $6 million, the street lighting was approximately $4.8 million, and the cans and packers (garbage collection equipment) would be approximately $4.5 million.

 

He said there would be a debt service reserve fund equal to approximately one year’s debt service ($2 million). He said the annual payment would be around $1.8 to $2 million and the debt service reserve fund would accumulate interest equal to the payment on the bonds. He said the city would capitalize interest for 10 months and the first payment would be due October of 1988.

 

He said they elected to make the payment due in October of 1988 since the major portion of the first quarter revenues came September 30 and they would positively have funds on hand, if they didn’t borrow on the tax anticipation notes, for the payment amount.  He said the cost of the bonding would be approximately $250,000. He said the projected revenue, budgeted annually, would be approximately $700,000 from the police department, $700,000 from savings in street lighting, and $1,000,000 from the current certificate issue, totaling about $2.4 million. He said they had not dedicated any of the garbage fee for debt service.  Councilmember Mabey asked how the bond was structured. Mr. Bateman said the bond payment would not decrease but the first principal payment would go towards the short-life equipment. He said because of the warranties they would probably ask for a five-year useful life on the packers, and the cans would be tied in to the life of the packers. He said after the 5th year payment the cans and packers would be freed up. He said the street lighting would have approximately a 10-year life and the building would have a 15-year life.

 

He said because of debt service reserve funds they might be able to reduce debt service reserve funds on each one of those junctions. He said if they did, it would mean that the payment had been reduced and therefore more money was paid the first five years with less being paid subsequently. He said this would be determined by how they could structure the payment schedule. Councilmember Mabey was concerned that they would pay interest on the garbage collection equipment over a period of 15 years because it was tied in with the building.

 

Councilmember Fonnesbeck said in the long run the city would save money by not bonding separately. Mr. Bateman said combining the documents into one bond would cost less than bonding separately. He said there were savings from street lighting, consolidation of the police department, and they were projecting $200,000 from the revenues of the garbage fee over and above operating costs and if necessary this would go into debt service.

 

Councilmember Stoler said they were projecting $2.4 million in revenue and he asked if there were any plans to save the $400,000 to fall back on as the police department grew. Mr. Bateman said a sinking fund could be set up for the retirement of the debt and the funds saved could be used for debt service so that other funds could be added back in to the general fund for the police department.

 

Councilmember Bittner in reference to repayment, said the city had $1,000,000 from the bond for equipment after the flood, $700,000 from the police department, $700,000 from the street lighting and asked if any money was coming from the garbage fee enterprise fund. Mr. Bateman said no and they were projecting about a $200,000 surplus between revenues and the cost of operating the fund. He said the garbage fund would operate plus set aside money for replacing packers and cans so if costs went up the city wouldn’t have to raise the garbage fee.

 

Councilmember Bittner said in essence the capital improvement fund was being used to pay for the garbage program and she expressed her concern about this. Councilmember Fonnesbeck said the administration had told the Council that the garbage fee would not cover the bond.  Councilmember Mabey said there needed to be a plan to budget money each year for replacement vehicles so the city did not have to bond to buy new vehicles. Mr. Bateman said part of the cost of operation of the garbage fund was the depreciation for the current vehicles so when they were no longer serviceable there would be money to buy them. He said they were contributing the cans and packers to start the operation from the general fund but the operation should be self-sustaining for a number of years which would include replacement of cans and vehicles. He said they were getting better at the operation of the fleet fund.

 

Councilmember Stoler suggested that the Council adopt an intent to establish a sinking fund of the surplus $400,000 to pay off any debt that may occur and possibly include the $200,000 surplus from the garbage collection fee. He wanted to do this as a cushion since a 15-year freeze in the police department was not practical. Roger Cutler, city attorney, in reference to the $700,000 savings from the police department said it was money they were able to save by moving into the new facility and cutting back on manning requirements.

 

He said he thought the police department contemplated this not as no growth but as efficiencies. He said it wasn’t freezing the police department, instead the Council would not have to appropriate money to fund the other facilities. He said there would be natural growth which would require staffing but the original savings should be an on-going 15-year commitment. He said if the Council didn’t appropriate the $400,000 to a savings account, as suggested by Councilmember Stoler, then the Council wouldn’t have the savings because it would be used for another purpose.

 

He didn’t think future Councils would appropriate a nonexistent savings from the general fund. Buzz Larsen, Chapman and Cutler, in reference to a sinking fund said the IRS would pose certain limitations on the money and if the Council adopted this intent they would need to be careful in how the money was dedicated. Councilmember Stoler withdrew his intent.

(Q 87-11)

 

PUBLIC UTILITIES

 

#1. RE: Water and Sewer Improvement and Refunding Revenue Bonds, Series 1986.

 

ACTION: Councilmember Kirk moved and Councilmember Mabey seconded to suspend the rules and on first reading adopt Resolution 131 of 1987 authorizing the restructuring of the escrow accounts relating to the City’s $31,385,000 Water and Sewer Improvement and Refunding Revenue Bonds, Series 1986, which motion carried, all members voted aye.

(Q 86-12)

 

PUBLIC WORKS

 

#1. RE: An ordinance relating to exceptions in charging parking meter fees under certain conditions.

 

ACTION: Councilmember Fonnesbeck moved and Councilmember Godfrey seconded to adopt Ordinance 81 of 1987 amending Sections 46-8-157 and 28-3-157 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to exceptions in charging parking meter fees under certain conditions, which motion carried, all members voted aye.

(O 87-35)

 

RECORDER’S OFFICE

 

#1. RE: A motion to convene as the Board of Canvassers to approve and certify the abstract of votes constituting the canvass of the Municipal Election held Tuesday, November 3, 1987.

 

ACTION: Councilmember Fonnesbeck moved and Councilmember Mabey seconded to convene the City Council and Mayor as the Board of Canvassers and adopt a motion approving and certifying the abstract of votes constituting the canvass of the Municipal Election held Tuesday, November 3, 1987, for Mayor and Council Members in Districts 2, 4, and 6, which motion carried, all members voted aye except Mayor DePaulis who was absent.

 

Councilmember Godfrey moved and Councilmember Kirk seconded to adjourn as the Board of Canvassers, which motion carried, all members voted aye except Mayor DePaulis who was absent.

(U 87-2)

 

PUBLIC HEARINGS

 

Budget Amendment No. 1.

 

RE: A public hearing at 6:20 p.m. to obtain public comment concerning a resolution amending budgets of Salt Lake City, Utah, for the fiscal year beginning July 1, 1987, and ending June 30, 1988.

 

ACTION: Councilmember Fonnesbeck moved and Councilmember Mabey seconded to close the public hearing, which motion carried, all members voted aye.

 

Councilmember Fonnesbeck moved and Councilmember Kirk seconded to adopt Resolution 133 of 1987 amending the Fiscal Year 1987-88 budget as requested by the Mayor with the exception of the $253,400 transfer from contingency intended for the Fire Department, which motion carried, all members voted aye.

 

Councilmember Fonnesbeck moved and Councilmember Hardwick seconded to authorize an appropriation for hiring additional fire fighters contingent upon: 1) Receipt of a preliminary report on Fire Department staffing from the Hughes-Heiss auditors stating that Fire Station Number 9 is necessary for west side fire protection and that additional fire fighters are necessary to make the station operational. 2) Receipt of a revenue projection report from the Administration which indicates overall revenue projections are not less than 1/2% of budgeted revenues. 3) Such authorization not to exceed an appropriation of $202,700 for hiring a maximum of 15 fire fighters. 4) If the fire audit recommends hiring fewer than 15 fire fighters, it is the intent of the Council to reduce this appropriation to the amount recommended by the fire auditors during the February budget opening, which motion carried, all members voted aye except Councilmember Kirk who voted nay.

 

DISCUSSION: Lance Batemen, finance director, explained the amendments:  an addition of $3,750 for the D.U.I. grant in the police department; an addition of $200,000 for sidewalk, curb and gutter SID additional funds anticipated from property owners; $38,584 from general fund contingency to fund the parks department cost of implementing the personnel audit of general maintenance and other 100 series positions; $2,254 to create the fund balance in the special fund from the sale of newspapers to buy trees; $91,550 transfer from non-departmental municipal affairs budget to personnel costs in the development services budget for individuals in the Arts Council who will be on city payroll; $2,000 percent for art allocation from CIP contingency;

 

$33,500 added to the demolition fund to allow for the city to demolish the Plandome Hotel; $454,000 rental rehab. grant from the federal government to be administered by the Redevelopment Agency; $367,150 to allow the city to spend donations for the homeless shelter project; $25,000 donation to the East Central Neighborhood; $340,036 to increase the appropriation for the health insurance fund to pay the state the premium on the new state program; $840,500 re-appropriation from the fleet fund balance for vehicles on order but not purchased as of June 30, 1987; $75,000 fleet fund balance appropriation to complete purchase of the paint spray booth; $253,400 to authorize hiring 15 fire fighters to staff the International Center fire station; $60,000 EMS grant;

 

$3,477,684 re-appropriated to continue projects in the public utilities department, with $1,000,000 for new projects.  Councilmember Stoler asked Chief Pederson to comment on the motion regarding the fire department. Chief Pederson said the audit would delay hiring one or two months. Councilmember Stoler asked if the reduction of funds from $253,400 to $202,700 caused a problem and Chief Pederson said the $253,400 was based on a November 15th release of funds but if hiring was started on January 1 the amount would be reduced by 45-days.

No one from the audience spoke.

(B 87-5)

 

Petition 400-552 by UNISYS.

 

RE: A public hearing at 6:30 p.m. to obtain public comment concerning the request to change the name of Sperry Way to 2200 West.

 

ACTION: Councilmember Mabey moved and Councilmember Bittner seconded to close the public hearing, which motion carried, all members voted aye.

 

Councilmember Godfrey moved and Councilmember Mabey seconded to adopt Ordinance 84 of 1987 changing the name of Sperry Way to 2200 West by amending Section 41-6-1 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, which motion carried, all members voted aye.

 

DISCUSSION: Brent Anderson, Director of Facilities for Unisys, said with the merger of Sperry and Burroughs Into the UNISYS Corporation, Sperry Way was no longer a viable name and he requested approval of the petition. No one objected.

(P 87-298)

 

The meeting adjourned at 7:10 p.m.