PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, NOVEMBER 5, 1985
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, NOVEMBER 5, 1985, AT 5:00 P.M. IN ROOM 211 CITY AND COUNTY BUILDING.
THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: RONALD WHITEHEAD THOMAS M. GODFREY GRANT MABEY ROSELYN N. KIRK SYDNEY R. FONNESBECK EDWARD W. PARKER EARL F. HARDWICK.
Council Chairperson Fonnesbeck presided at the meeting.
BRIEFING SESSION
#1. Carole Stokes, council executive director, briefed the Council on the evening’s agenda.
#2. The Council reviewed plans for the restored City and County Building and the restored Council Chambers.
The briefing session adjourned at 5:55 p.m.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, NOVEMBER 5, 1985, AT 6:00 P.M. IN ROOM 301 CITY AND COUNTY BUILDING.
THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: RONALD WHITEHEAD THOMAS M. GODFREY GRANT MABEY ROSELYN N. KIRK SYDNEY R. FONNESBECK EDWARD W. PARKER EARL F. HARDWICK.
Mayor Palmer DePaulis, Albert Haines, chief administrative officer, Roger Cutler, city attorney, Kathryn Marshall, city recorder, and Lynda Domino, chief deputy recorder, were present.
Council Chairperson Fonnesbeck presided at the meeting and Councilmember Godfrey conducted the meeting.
Police Chaplain Roger Bastian gave the invocation.
Pledge of Allegiance.
Approval of Minutes.
Councilmember Parker moved and Councilmember Mabey seconded to approve the minutes of the Salt Lake City Council for the regular meeting held Tuesday, October 15, 1985, which motion carried, all members voting aye.
(M 85-1)
Special Recognition
#1. Bill Feeney and Ken Rasmussen, Independent Insurance Agents, presented an award to the Salt Lake City Fire Department, which was selected as Utah’s top urban fire department for fire prevention. Chief Pederson said that he was proud of the department.
#2. Mayor DePaulis and Albert Haines, chief administrative officer, recognized Chief Pederson and the Salt Lake City Fire Department which was selected as one of the leading 25 fire departments in the nation. Both Mayor DePaulis and Mr. Haines complimented the fire department for an outstanding job. Chief Pederson expressed his appreciation for the recognition of the Mayor, Council, and administration.
(G 85-23)
PETITIONS
Petition 400-191 of 1984 by Lancom, Inc./Vantage Corporation.
RE: An ordinance amending Bill 66 of 1984 relating to the closure of Dresden Place.
ACTION: Councilmember Whitehead moved and Councilmember Kirk seconded to adopt Ordinance 82 of 1985 amending Ordinance 66 of 1984 relating to the closure of Dresden Place by (1) extending the effective date in Section 3 to January 21, 1986, and (2) amending Section 2(2) to delete requirements relating to public road status, which motion carried, all members voting aye except Councilmember Hardwick who voted nay and Councilmember Fonnesbeck who was absent for the vote.
DISCUSSION: Carole Stokes, council executive director, explained that Ordinance 66 would expire on November 6, 1985, and extending the expiration date of the ordinance would allow additional time for certain conditions to be satisfied and documents to be recorded. Councilmember Whitehead requested that the extension date of Ordinance 66 coincide with the effective date of the ordinance regarding the downzoning of the East Central Neighborhood, of which Dresden Place is a part, in order to provide the developer and the neighborhood with a deadline regarding the downzoning. Councilmember Hardwick expressed his concern about delaying the downzoning ordinance.
(P 84-44)
Petition 400-251 of 1984 by Robert Garner and Michael Error; Petition 400-294 of 1985 by Salt Lake Clinic.
RE: The request in Petition 400-251 that the Residential “R-5” zone be modified and that all “R-6” zoned property between 700 and 1000 East and South Temple and 600 South be rezoned to the new modified “R-5” zone; and the request in Petition 400-294 that the zoning on the east side of 900 East between 300 and 400 South be changed from “R-6” to “R-7” to accommodate a surgical center.
ACTION: Councilmember Parker moved and Councilmember Hardwick seconded to approve the rezoning requests as recommended by the Planning Commission; Councilmember Fonnesbeck moved and Councilmember Kirk seconded to amend the motion as follows: That the northeast and southeast corners at 200 South and 800 East remain zoned “B-3” and the northwest and southwest corners be rezoned from “B-3” to modified “R-5”; also that the northeast and southeast corners at 500 South and 900 East be rezoned to modified “R-5”; and that the ordinance effectuating the rezonings become effective after December 15, 1985, which motion carried, all members voting aye.
Councilmember Parker moved and Councilmember Hardwick seconded to approve the rezoning requests as recommended by the Planning Commission, as amended, and direct the City Attorney to prepare the necessary ordinance, which motion carried, all members voting aye.
DISCUSSION: Councilmember Kirk asked if the neighborhood was still discussing the parking situation at the Salt Lake Clinic. Robert Garner, petitioner, indicated that many of the issues had been resolved except minor details which should not delay approval of the rezoning request. Councilmember Fonnesbeck suggested that the neighborhood insist on a detailed landscaping plan for the parking lot. She also suggested that a written agreement be entered into with the Clinic regarding surrounding property and further expansion.
(P 85-242 and 243)
Petition 400-277 of 1985 by the Sugar House Community Council and Petition 400-344 of 1985 by Dan Miller.
RE: The rezoning of the Westminster Neighborhood (1700 South to 2100 South, 700 East to 1100 East) and the request of Dan Miller not to rezone the property between 21st South and Hollywood Avenue and between 9th East and 11th East from a Commercial “C-3 to a Residential “R-5” classification.
ACTION: Councilmember Parker moved and Councilmember Mabey seconded to defer action until November 19, 1985, which motion carried, all members voting aye except Councilmember Hardwick who voted nay and Councilmember Whitehead who was absent for the vote.
(P 85-239 and 240)
Petition 400-309 of 1985 by the Department of Public Utilities.
RE: The vacation of Midland Street between 1900 North and 2300 North.
ACTION: Councilmember Kirk moved and Councilmember Whitehead seconded to schedule a public hearing for November 19, 1985, at 6:30 p.m., which motion carried, all members voting aye.
(P 85-255)
Petition 400-318 of 1985 by Jim Jensen and Ed McKay.
RE: The vacation of an east/west alley between Lincoln Street and 1000 East and between Ramona and Hollywood Avenues.
ACTION: Councilmember Kirk moved and Councilmember Whitehead seconded to schedule a public hearing for November 19, 1985, at 6:45 p.m., which motion carried, all members voting aye.
(P 85-256)
DEPARTMENTAL BUSINESS
ADMINISTRATIVE SERVICES
#1. RE: The Board of Canvassers.
ACTION: Councilmember Parker moved and Councilmember Mabey seconded to reconvene as the Board of Canvassers and authorize the City Recorder to prepare an abstract of the votes cast in the municipal election held November 5, 1985; and recess the Board until the abstract is complete, which motion carried, all members voting aye except Councilmember Fonnesbeck who was absent for the vote.
(U 85-2)
ATTORNEY’S OFFICE
#1. RE: An ordinance regarding ambulance change of rates and accounting procedures.
ACTION: Councilmember Whitehead moved and Councilmember Parker seconded to suspend the rules and on first reading adopt Ordinance 81 of 1985 amending Sections 44-7-10 and 44-7-12 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to ambulance change of rates and accounting procedures, which motion carried, all members voting aye.
(O 85-37)
CITY COUNCIL
#1. RE: An ordinance amending Section 51-32-8 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to development standards in historic districts and landmark sites.
ACTION: Councilmember Fonnesbeck moved and Councilmember Kirk seconded to refer the ordinance to the Planning Commission and City Attorney for a recommendation, which motion carried, all members voting aye.
DISCUSSION: Councilmember Fonnesbeck indicated that there have been numerous problems regarding the use of certain kinds of building materials in historic districts.
(O 85-36)
DEVELOPMENT SERVICES
#1. RE: An ordinance amending Chapter 8 of Title 5 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to demolition.
ACTION: Without objection this ordinance was referred to the November 12, 1985, Council agenda.
(O 85-25)
#2. RE: An ordinance modifying the “R-5” zone.
ACTION: Councilmember Kirk moved and Councilmember Fonnesbeck seconded to approve the modification to the “R-5” zone and direct the City Attorney to prepare the ordinance, which motion carried, all members voting aye.
(O 85-34)
FINANCE DEPARTMENT
#1. RE: Taxicab rate increase.
ACTION: Councilmember Parker moved and Councilmember Kirk seconded to adopt Ordinance 83 of 1985 amending Section 43-6-1 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to an increase of taxicab rates, which motion carried, all members voting aye except Councilmember Whitehead who was absent for the vote.
(O 85-30)
#2. RE: Industrial Revenue Bond for United Unlimited Holding/Boyer.
ACTION: Councilmember Parker moved and Councilmember Mabey seconded to adopt Resolution 138 of 1985 authorizing and inducing the execution of a Memorandum of Agreement with United Unlimited Holding Corporation/Boyer First South Associates, a Utah Limited Partnership, or its designee, regarding the issuance of Industrial Development Revenue Bonds not to exceed $9,000,000 for the construction of a 100,000 square foot office building to house the corporate headquarters for United Unlimited and its subsidiaries on the southeast corner of First South and Fifth East and set a date for a public hearing on Tuesday, December 3, 1985, at 6:30 p.m., which motion carried, all members voting aye except Councilmember Fonnesbeck who voted nay.
DISCUSSION: Councilmember Fonnesbeck pointed out the location of this project and said that at one time the Council did not want to encourage commercial development beyond 200 East. Councilmember Whitehead mentioned that the property was originally rezoned with the intent for a mixed use but this is a good project and Salt Lake needs this type of development. John Hiskey, economic development director, said that the building would be about six stories high and he indicated that there is a tenant which would occupy half of the space initially and would eventually occupy the entire building. He also said that the bonds have to be issued by December 20. Councilmember Mabey expressed concern about the number of vacant office buildings in Salt Lake City.
(Q 85-18)
FIRE DEPARTMENT
#1. RE: An interlocal agreement for fire and rescue dispatch services.
ACTION: Councilmember Kirk moved and Councilmember Whitehead seconded to adopt Resolution 137 of 1985 authorizing the execution of an amendment to the interlocal cooperation agreement between Salt Lake City Corporation and Murray City Corporation for fire and rescue dispatch services to Murray City for the 1985 fiscal year, which motion carried, all members voting aye.
(C 84-515)
HOUSING AUTHORITY
#1. RE: The proposed issuance of Multi-Family Housing Revenue Bonds for the Redwood Grove Apartment Project, Series 1985, of the Salt Lake City Housing Authority.
ACTION: Councilmember Kirk moved and Councilmember Whitehead seconded to schedule a public hearing for Tuesday, November 19, 1985, at 6:25 p.m., which motion carried, all members voting aye.
(Q 85-17)
MAYOR’S OFFICE
#1. RE: Reappointments to the Salt Lake City Planning Commission.
ACTION: Councilmember Whitehead moved and Councilmember Kirk seconded to suspend the rules and on first reading approve the reappointments of Peter Van Alstyne, Kathy Wacker and LaVone Liddle-Gamonal to the Salt Lake City Planning Commission, which motion carried, all members voting aye.
(I 85-20)
#2. RE: An appropriation of $83,000 from the 1985-86 General Fund Contingency to be used to match a grant from the National Endowment for the Arts.
ACTION: Councilmember Mabey moved and Councilmember Kirk seconded to refer this issue to the Committee of the Whole, which motion carried, all members voting aye.
DISCUSSION: Lynn Jacobson, Salt Lake Arts Council, explained that the Arts Council received a $200,000 grant over three years which must be matched by: City government funds. She said that the money would be used to expand and increase the re-granting program to arts organizations, to expand current programs and create new programs, to provide facility and equipment changes, and to develop urban design plans. She said that NEA needed an intention of commitment regarding funds and she requested that action be deferred on this issue so that there could be more discussion. Councilmember Godfrey indicated that the Council was concerned about committing $83,000 from the contingency fund so early in the fiscal year. Albert Haines, chief administrative officer, suggested that the Council consider meeting with the Arts Council and the Mayor to establish a policy decision relating to the arts. He said that this grant represented a major increase in effort and funding.
(B 85-14)
PUBLIC UTILITIES
#1. RE: Special Improvement District 50-1296.
ACTION: Councilmember Fonnesbeck moved and Councilmember Kirk seconded to adopt Resolution 139 of 1985 revoking the Declaration of Intention of the City Council of Salt Lake City, Salt Lake County, State of Utah, to create a special improvement district to be known as the Salt Lake City, Utah, Public Utilities Project #50-1296, which motion carried, all members voting aye.
DISCUSSION: Carole Stokes, council executive director, explained that in April there was a request before the Council to create a special sewer district on the west side. She said that because of the number of commercial properties included in the district it had to also be induced as an Industrial Revenue Bond; however the property owners involved did not submit necessary paperwork within the time deadline for the IRB. She said that the Council could not legally induce or construct the project without the IRB so she said that the Declaration of Intention needed to be rescinded.
(Q 85-4)
PUBLIC HEARINGS
Historic Landmark Committee Appeal.
RE: A public hearing at 6:45 p.m. regarding an appeal by the Historical Landmark Committee on a decision made by the Planning Commission in connection with the request by E. J. Carr to install aluminum siding on his home.
ACTION: Councilmember Kirk moved and Councilmember Mabey seconded to close the public hearing, which motion carried, all members voting aye except Councilmember Hardwick who was absent for the vote.
Councilmember Whitehead moved and Councilmember Mabey seconded to approve the aluminum siding on Mr. Carr’s home but request that the Landmark Committee and the administration strengthen the ordinances to prevent similar occurrences, which motion carried, all members voting aye.
DISCUSSION: Henry Whiteside, Landmark Committee, said that this case was before the Council because the contractor proceeded without a building permit. Mr. Whiteside explained that historic districts are created to conserve a special value to the City and to the property owners in the district. He said that no one would choose to spend the money or the time to restore a house in a historic district without some assurance about the future of the neighborhood. Mr. Whiteside said that substitute sidings damage the historic character of a structure and of a historic district. He said that the Landmark Committee has, with limited exceptions, consistently opposed the use of substitute sidings in the historic district and he indicated that the Committee did not feel there was economic justification for substitute materials since there was no significant insulating value.
John Garrett, contractor, explained that he usually worked under a general contractor who obtained the building permits and not obtaining the permit was an oversight on his part. He indicated that he did not intentionally fail to get a permit. He also said that Mr. Carr called him and requested that this work be done. In reference to the historical value of Mr. Carr’s home and the use of siding, Mr. Garrett mentioned that the home is 40 years old and aluminum siding was available 40 years ago. Mr. Garrett referred to a pamphlet from the Landmark Committee which outlined the conditions when siding could be used. He indicated that he and Mr. Carr felt the home was within this category. He also said that none of the trim was removed from the home and he mentioned that Mr. Carr’s neighbors were petitioned and the surrounding neighbors liked the siding and thought it upgraded the neighborhood.
Mr. Carr, 32 “O” Street, said that he wanted aluminum siding on his home in order to beautify it and so that he would not have to repeatedly paint his home. He mentioned that there are many homes in the Avenues with siding and the historic detail of his home would be preserved. Bob Gunderson supported Mr. Carr’s position. James Allen, 216 5th Avenue, and Stephanie Churchhill, Utah Heritage Foundation, supported the Historical Landmark Committee’s position. It was Councilmember Whitehead’s opinion that an honest mistake had been made and he also felt that the aluminum siding would not change the character of Mr. Carr’s home or the area. He reiterated that the neighbors did not object to the siding. Councilmember Fonnesbeck expressed concern that many cases like this were occurring and she suggested that changes needed to be made so this would not continue to happen.
(G 85-21)
Commercial Club IRB
RE: A public hearing at 7:10 p.m. regarding the issuance of $8 million of Industrial Development Revenue Bonds for the acquisition, renovation, and construction of the Commercial Club Building and Boston Building Parking Terrace on Exchange Place.
ACTION: Councilmember Whitehead moved and Councilmember Mabey seconded to close the public hearing, which motion carried, all members voting aye except Councilmember Fonnesbeck who was absent for the vote.
DISCUSSION: Albert Haines, chief administrative officer, referred to a newspaper article dated October 19, 1985, regarding a lawsuit against Mr. Yurth, developer of the project. The article stated that a lawsuit alleges Mr. Yurth and two other defendants devised a scheme whereby they purported to organize and construct an athletic facility that would be constructed in downtown Salt Lake City. The article further stated that the complaint contends that the defendants caused the funds in an escrow account to be used and depleted and the Downtown Athletic Club facilities were never constructed.
(Q 85-11)
Intermountain Milk Producers IRB
RE: A public hearing at 7:10 p.m. regarding the issuance of $8.2 million of Industrial Development Revenue Bonds for Intermountain Milk Producers Association to be used for the construction of a new dairy plant at approximately 4370 West 1658 South.
ACTION: Councilmember Whitehead moved and Councilmember Parker seconded to close the public hearing, which motion carried, all members voting aye.
DISCUSSION: No one opposed this issue.
(Q 85-10)
G & K Services IRB
RE: A public hearing at 7:15 p.m. concerning the issuance of $2 million for G & K Services, Inc., a Minnesota Corporation, to finance the construction of a new building on property they own in the Centennial Industrial Park area for the purposes of a commercial laundry facility. The bond proceeds also may be used to reimburse G & K Services for the cost of said property.
ACTION: Councilmember Whitehead moved and Councilmember Parker seconded to close the public hearing, which motion carried, all members voting aye.
DISCUSSION: The following people spoke in opposition to this issue: Marvin Priske, Steiner Corporation, Chris Kitches, Apparel Master, Ronald Corley, Steiner Corporation, Jim Hyland, Steiner Corporation, Elizabeth Bond, Steiner Corporation, Robert Steiner, Steiner Corporation, Forrest Klingaman, G & K, supported the project and said that they operate an industrial uniform business and not commercial linen business.
(Q 85-14)
Prowswood IRB
RE: A public hearing at 7:15 p.m. regarding the issuance of up to $3,800,000 in principal amount Industrial Development Revenue Bonds of Salt Lake City, Salt Lake County, Utah, for Prowswood, Ltd. to finance the acquisition, equipping and construction of a mobile home park and related property and improvements at approximately 1200 West 1800 North.
ACTION: Councilmember Whitehead moved and Councilmember Kirk seconded to close the public hearing, which motion carried, all members voting aye.
DISCUSSION: No one opposed this issue.
(Q 85-15)
The meeting adjourned at 9:40 p.m.