PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
REGULAR/BRIEFING SESSION
TUESDAY, NOVEMBER 17, 1987
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, NOVEMBER 17, 1987, AT 5:00 P.M. IN SUITE 300 CITY HALL, 324 SOUTH STATE.
THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: FLORENCE BITTNER THOMAS M. GODFREY GRANT MABEY ROSELYN N. KIRK SYDNEY R. FONNESBECK WILLIE STOLER EARL F. HARDWICK.
Council Chairperson Kirk presided at the meeting.
BRIEFING SESSION
1. Linda Hamilton, Executive Director, briefed the Council on the evening’s agenda. She told the Council that the appointment of Bernette Murphy to the Community Development Advisory Committee should not be finalized as Mr. Murphy had not been interviewed by the Council.
2. Ms. Hamilton told Council Members that they should adopt a motion to convene as the Board of Trustees of the Municipal Building Authority of Salt Lake City, elect officers, approve by-laws and a corporation seal. While convened as the Board of Trustees the Council must also consider adopting a resolution of the Board of Trustees of the Municipal Building Authority of Salt Lake City, authorizing the issuance of not more than $18,500,000 Lease Revenue Bonds, Series 1987, on behalf of Salt Lake City, fixing the maximum number of years over which the bonds may mature, the maximum interest rate which the bonds may bear and the maximum discount from par at which the bonds may be sold; and providing for the publication of a notice of bonds to be issued.
Lance Bateman, Director of Finance, told the Council that Bond Counsel had suggested the City raise the not-to-exceed level of the bonds from $18,500,000 to $20,000,000 to allow for a buy-out of the City telephone lease purchase contract. Mr. Bateman told the Council that the current contract for the City telephones carried a 9.5% interest rate. He suggested that the Council authorize Bond Counsel to put the telephone contract in the bond at an interest rate of 7.5% to 8.0%. Mr. Bateman told the Council that the decreased interest rate would result in a savings of approximately $80,000.
Council Member Mabey asked if the City could be assured a savings by placing the telephones in the bond. Mr. Bateman replied that if a savings could not be realized, then the current contract for telephones would be maintained. Council Member Mabey asked when the telephones would be paid off if they were included in the bonds. Mr. Bateman replied that the telephones would be paid off in the first five years of the bonds. Council Member Stoler asked Mr. Bateman if it would be possible for the Council to pass an intent stating if the City decided to sell jail facilities to the County, the money obtained from the sale would be used to pay off the bonds. Council Member Godfrey said he did not feel the Council should pass an intent because a future Council could not be bound by it. He added that the Council may wish to make a .recommendation based on it and added that the Council may wish to make a recommendation based on Council Member Stoler’s proposed intent as an option for a future Council.
The meeting adjourned at 6:00 p.m.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, NOVEMBER 17, 1987, AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS, SUITE 300, CITY HALL, 324 SOUTH STATE.
THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: FLORENCE BITTNER THOMAS M. GODFREY GRANT MABEY ROSELYN N. KIRK SYDNEY R. FONNESBECK WILLIE STOLER EARL F. HARDWICK.
Roger Cutler, city attorney, Kathryn Marshall, city recorder, and Lynda Domino, chief deputy city recorder, were present. Mayor DePaulls was absent.
Council Chairperson Kirk presided at the meeting 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 meeting held Tuesday, November 10, 1987, which motion carried, all members voted aye.
(M 87-1)
PETITIONS
Petition 400-366 by the Capitol Hills Community Council.
RE: An ordinance amending Section 51-12-2 of the Revised Ordinances of Salt Lake City, 1965, relating to zoning certain parcels of property in the Capitol Hill Community area.
ACTION: Councilmember Fonnesbeck moved and Councilmember Mabey seconded to delay action until December 1, 1987, for corrections to the property descriptions, which motion carried, all members voted aye.
(P 86-312)
DEPARTMENTAL BUSINESS
DEVELOPMENT SERVICES
#1. RE: A public hearing to obtain comments concerning an application made by the Maxfield Candy Company for an Urban Development Action Grant from the U.S. Department of Housing and Urban Development.
ACTION: Councilmember Godfrey moved and Councilmember Mabey seconded to set hearings for Tuesday, December 8, 1987, at 6:20 p.m., and Tuesday, January 5, 1988, at 6:20 p.m., which motion carried, all members voted aye.
(T 87-26)
#2. RE: An application for a grant from the U.S. Department of Housing and Urban Development to loan to the Maxfield Candy Company to expand their light manufacturing operations.
ACTION: Councilmember Godfrey moved and Councilmember Mabey seconded to adopt Resolution 135 of 1987 authorizing the Mayor to sign an application for a grant from the U.S. Department of Housing and Urban Development for the purpose of loaning such grant to the Maxfield Candy Company to expand their existing light manufacturing operations at 1050 South 200 West, which motion carried, all members voted aye.
(T 87-26)
#3. RE: A grant agreement with the U.S. Department of Housing and Urban Development for emergency shelter grant funding to renovate the Greater Salt Lake Area Shelter for the Homeless.
ACTION: Councilmember Godfrey moved and Councilmember Mabey seconded to adopt Resolution 136 of 1987 authorizing the Mayor to sign a grant agreement between Salt Lake City Corporation and the U.S. Department of Housing and Urban Development. The U.S. Department of Housing and Urban Development will provide emergency shelter grant funding to Salt Lake City Corporation to be used to renovate the new Greater Salt Lake Area Shelter for the Homeless, which motion carried, all members voted aye.
(C 87-600)
MAYOR’S OFFICE
#1. RE: The appointment of Cindy Cromer to the Planning Commission.
ACTION: Councilmember Godfrey moved and Councilmember Mabey seconded to approve the appointment, which motion carried, all members voted aye.
(I 87-8)
#2. RE: The appointment of Bernette Murphy to the Community Development Advisory Committee.
ACTION: Councilmember Fonnesbeck moved and Councilmember Godfrey seconded to refer the appointment to the Committee of the Whole, which motion carried, all members voted aye.
(I 87-20)
#3. RE: A motion to convene as the Board of Trustees of the Municipal Building Authority of Salt Lake City, elect officers, approve by-laws and corporate seal for said authority and other related matters. And adopt a resolution of the Board of Trustees of the Municipal Building Authority of Salt Lake City, authorizing the issuance of not more than $20,000,000 Lease Revenue Bonds, Series 1987.
ACTION: Councilmember Godfrey moved and Councilmember Fonnesbeck seconded to adjourn and convene as the Municipal Building Authority of Salt Lake City, which motion carried, all members voted aye.
Councilmember Kirk moved and Councilmember Godfrey seconded to waive the normal rules of order and elect the Chairperson of the City Council, the Vice-Chairperson of the City Council, the City Recorder, and the City Treasurer as the President, Vice-President, Secretary, and Treasurer of the Municipal Building Authority respectively, which motion carried, all members voted aye.
Councilmember Godfrey moved and Councilmember Kirk seconded that the form of By-Laws submitted at this meeting, known as Exhibit A, be adopted as the official By-Laws of the Authority, with changes as noted, which motion carried, all members voted aye.
Councilmember Kirk moved and Councilmember Fonnesbeck seconded to adopt the corporate seal presented at this meeting as the official seal of the Authority, which motion carried, all members voted aye.
Councilmember Godfrey moved and Councilmember Kirk seconded that the President, Vice-President, Secretary and Treasurer be authorized to execute all employment agreements, deeds, leases, contracts, purchase orders, assignments, notes, bonds, mortgages, deeds of trust, and other instruments or documents which may be necessary or desirable in connection with the conduct of the affairs of the Authority, which motion carried, all members voted aye.
Councilmember Kirk moved and Councilmember Fonnesbeck seconded that any an all actions taken by the officers of the Authority prior to the date of this organizational meeting that are within the authority conferred hereby be ratified, confirmed, and approved as the act and deed of the Authority, including but not limited to such actions as have been taken in connection with the organization of the Authority, which motion carried, all members voted aye.
Councilmember Godfrey moved and Councilmember Fonnesbeck seconded that Smith Barney, Harris Upham & Co. be selected to act as underwriter in connection with the issuance, sale and delivery of Lease Revenue Bonds for the purpose of financing projects on behalf of the City as authorized by the Utah Municipal Building Authority Act, which motion carried, all members voted aye.
Councilmember Kirk moved and Councilmember Fonnesbeck seconded that the law firm of Chapman and Cutler be appointed to act as Bond Counsel in connection with the Lease Revenue Bonds, authorizing the President to execute, and the Secretary to attest an engagement letter between the authority and Chapman and Cutler in form and content acceptable to the President of the Authority, which motion carried, all members voted aye.
Councilmember Fonnesbeck moved and Councilmember Kirk seconded to adopt Resolution 134 of 1987 authorizing the issuance of not to exceed $20,000,000 Lease Revenue Bonds, Series 1987, of the Municipal Building Authority of Salt Lake City, fixing the maximum number of years over which the bonds may mature, the maximum interest rate which the bonds may bear and the maximum discount from par at which the bonds may be sold; and providing for the publication of a notice of bonds to be issued, which motion carried, all members voted aye.
Councilmember Godfrey moved and Councilmember Kirk seconded to adjourn as the Municipal Building Authority and reconvene as the Salt Lake City Council, which motion carried, all members voted aye.
Councilmember Stoler moved and Councilmember Mabey seconded to adopt an intent that if and when the Metropolitan Hall of Justice Is sold, the number one priority for the funds be to help retire this $20,000,000 bond issue, which motion carried, all members voted aye.
DISCUSSION: Buzz Larsen, Chapman and Cutler, explained that they had to make changes in the By-Laws. The first was a revision of gender references and the second was language regarding indemnity of officers and trustees of the Authority in accordance with the Governmental Immunity Act to clarify that indemnification was as broad as the Governmental Immunity Act allowed. In reference to actions taken prior to this organizational meeting, Councilmember Godfrey asked what actions had been taken.
Mr. Larsen said the Council approved in concept the organization of the Authority and the Articles of Incorporation which were attached to the resolution and he said the Articles of Incorporation were filed with the Secretary of State formally organizing the Corporation as a non-profit corporation of the State of Utah. Councilmember Fonnesbeck asked who the Authority would be working with from the law firm of Chapman and Cutler. Mr. Larsen said it would be himself.
Roger Cutler, city attorney, said he asked Lance Bateman, finance director, if he felt comfortable with Chapman and Cutler’s scope of work. Mr. Bateman said both he and the City Treasurer looked at the fee arrangement and felt it was fair. Mr. Bateman also explained that initially the city was going to issue not more than $18,500,000 but they changed the figure to $20,000,000 in order to purchase a telecommunication item which was not previously part of the transaction. In reference to using funds from the sale of the Metropolitan Hall of Justice to help retire the bond, Councilmember Godfrey asked at what point the city would be able to do this. Mr. Bateman indicated in 10 years.
(Q 87-11)
PUBLIC WORKS
#1. RE: Street Lighting District No. 2 assessment ordinance.
ACTION: Councilmember Fonnesbeck moved and Councilmember Kirk seconded to adopt Ordinance 86 of 1987 levying a tax and providing for assessment of property in Special Lighting District No. 2, which motion carried, all members voted aye.
(Q 87-7)
PUBLIC HEARINGS
Petition 400-545 by the Church of Jesus Christ of Latter-Day Saints.
RE: A public hearing at 6:20 p.m. to obtain public comment concerning 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 Mabey moved and Councilmember Kirk seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Godfrey moved and Councilmember Mabey seconded to adopt Ordinance 85 of 1987 closing a portion and vacating a portion of an alley north of 1078 McClelland in Lot 16, Block 17, 5 Acre Plat “A”, Big Field Survey, which motion carried, all members voted aye.
DISCUSSION: Alan Johnson, planning and zoning, outlined the area on a map and said city staff reviewed the petition and agreed with the request. He pointed out two houses which used the alley to get to the rear of their property and said the owners had a right-of-way agreement with the LDS Church so they could access their property through the church property. He said the property management division said the north five feet of the alley should be vacated to the residential property owners and the south five feet should be closed and sold at fair market value to the Church.
Councilmember Godfrey said there were other homes abutting the alley and asked if they used it for access. Mr. Johnson said the homes on the end did not use or need the alley. Councilmember Fonnesbeck asked what the Church would use the property for. Mr. Johnson said they landscaped the property and increased the width of their driveway. Douglas Mitchell, representing the petitioner, said the south end of the alley was part of the church’s driveway and the north end had concrete pads for the residents and was also landscaped. He said the concrete pads were a condition they agreed to in order to get the two property owners to consent to the vacation. He said he understood that the residents would get half of the alley. No one opposed this request.
(P 87-299)
COMMENTS
#1. Michael Spence, attorney, said he was retained by a group of Salt Lake City residents known as “Sportsmen for City Creek Canyon”. He said this group was concerned with the annexation and land use proposals for City Creek Canyon and opposed any attempt to close City Creek to deer hunting. He said the group supported the annexation as called for in the master plan but opposed commercial and residential development.
He said his group supported multiple uses for the canyon including hunting, which had been allowed for 30 years, and said the master plan called for and encouraged deer hunting. He also said City Creek Canyon had one of the best safety records in the State of Utah and he said he was unaware of any mishaps. He said hunting was only 10 days out of 365 and was consistent with the non-commercial use and preservation of the canyon as a unique wilderness area near the City.
He said harvesting a healthy deer herd provided excellent management and led to a stronger deer herd because it prevented starvation. He said harvesting deer also helped prevent serious residential property damage from wintering deer herds and enhanced the water shed potential since deer that died from starvation would affect the water shed. He said hunting also provided a food source and a recreational opportunity for Salt Lake City residents.
He said “Sportsmen for City Creek Canyon” supported the status quo of the last 30 years and asked the Council to examine the issue from all sides and avoid being pressured by small special interest groups who wanted to change the status quo. Jerry Paulson, secretary/treasurer of the Salt Lake County Fish and Game Association, said he brought a letter to the Council Office earlier in the day asking that the Council Office keep his group informed about this issue. He supported Mr. Spence’s comments.
Chuck Spence, representing a growing coalition against deer hunting in City Creek Canyon, said his group opposed hunting in City Creek Canyon because they felt it was a safety hazard with the increased joggers, bikers, and hikers who use the canyon. He also said it was a paradox to allow hunting in a nature preserve. Scott Williams said he was involved in the work on the master plan and expressed his concern about safety in the canyon. He said if this was a peoples’ canyon the Council had to think about the safety measures. He also said he didn’t think that preventing hunting would isolate the herd since he thought the herd probably migrated over a wide range of the Wasatch area.
The meeting adjourned at 6:40 p.m.