PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
REGULAR/BRIEFING SESSION
TUESDAY, OCTOBER 13, 1987
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, OCTOBER 13, 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 Council Members that in compliance with a recently adopted ordinance establishing the Community Development Advisory Committee, the Council needed to approve the appointments of individuals to serve on the Committee. She added that although Council policy stated that all individuals being considered for first time appointment to City Boards or Commissions meet with the Council prior to appointment, the Council may want to consider interviewing only those being appointed to CDAC who did not serve on the ad hoc committee.
Brian Wilkinson, Council Staff, told the Council that eight of the twelve individuals being appointed to CDAC served on the ad hoc committee. Council Member Hardwick said the Council should either interview all of the applicants or none of the applicants. Council Member Fonnesbeck said she felt it was unnecessary to interview all of the applicants because the Council already knew several of the individuals and added that the Council should only interview those individuals who did not serve on the ad hoc committee. Council Member Bittner said she was interested in interviewing some of the individuals who served on the ad hoc committee.
Council Member Godfrey said the Council should decide, by majority vote, which applicants to interview. Council Member Kirk tallied Council Member votes as applicant names were read. The Council decided to interview Michael Ortega and Diana Smoot. Mr. Wilkinson told the Council that the names given for appointment on the evening’s agenda represented twelve members of the fifteen member committee.
Ms. Hamilton told the Council that the reappointment of Edward Lunt to the Housing Advisory and Appeals Board had been referred to Committee of the Whole so the Council could discuss the policy of not appointing individuals to serve on a board for more than two terms. Emilie Charles, Mayor’s Office, told the Council that while the Mayor understood the existing policy, he felt the current situation on the Housing Advisory and Appeals Board warranted the reappointment of Mr. Lunt for a third term. She told the Council that several members of the board had resigned and that in order to maintain continuity on the board Mr. Lunt should be reappointed. She added that because Mr. Lunt had served on the Board for two terms he had considerable knowledge of Board procedures which he could pass along to new board members. Ms. Hamilton told the Council that the Council policy would be discussed in Committee of the Whole on Thursday, October 15, 1987.
Ms. Hamilton told the Council that a proposed motion requesting the City Council to consider adopting a budget amendment to the City’s CDBG fund reducing the 11th Year CDBG Emergency Housing allocation by $2,273, and increasing the 13th Year CDBG allocation for men’s shelter operations by $12,773, was not worded properly on the agenda and should be pulled from consideration.
The meeting adjourned at 6:00 p.m.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, OCTOBER 13, 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.
Mayor Palmer DePaulls, Roger Cutler, city attorney, Kathryn Marshall, city recorder, and Lynda Domino, chief deputy city recorder, were present.
Council Chairperson Kirk presided at and Councilmember Fonnesbeck conducted the meeting.
The prayer was given by Police Chaplain Randall Sawyer.
The Council led the Pledge of Allegiance.
Approval of Minutes
Councilmember Godfrey moved and Councilmember Mabey seconded to approve the minutes of the Salt Lake City Council for the regular meetings held Tuesday, October 6, 1987, and Thursday, October 8, 1987, which motion carried, all members voted aye except Councilmember Staler who was absent for the vote.
(M 87-1)
Special Recognition
#1. The City Council and Mayor presented representatives of Salt Lake County 4-H Clubs with a proclamation proclaiming October 4-10, 1987, as “4-H” Week. Mayor DePaulis read the proclamation which stated that 4-H stressed development of head, heart, hands, and health and its aim was to provide opportunities for the development of leadership, citizenship and personal growth of Salt Lake City’s youth. He recognized the efforts of adult and teen leaders for their volunteer services to Utah youth through 4-H programs. Representatives from 4-H thanked the Council and Mayor for their cooperation and support and reiterated that 4-H promoted leadership, service and appreciation for community leaders. They mentioned several of the projects they had done and awards they had won at the Utah State Fair.
#2. Councilmember Fonnesbeck Introduced Chief Commoner Edwina Coven and her husband Frank who were visiting from the City of London. Mrs. Coven said it was a great pleasure to attend the Council meeting and said she was struck by the likeness of Salt Lake City to the City of London since they also started their meetings with prayer. She said she was also moved by the Pledge of Allegiance. On behalf of herself and the Lord Mayor of London she thanked the Council and Mayor for the courtesy and kindness they had received on their visit. She said they had a great friendship with the Mayor and the Council and she conveyed the great respect that the Corporation of London had for the honorable Council of Salt Lake City.
DEPARTMENTAL BUSINESS
ATTORNEY’S OFFICE
#1. RE: An ordinance relating to interfering with an officer in the discharge of his/her duties.
ACTION: Councilmember Mabey moved and Councilmember Kirk seconded to suspend the rules and on first reading adopt Ordinance 73 of 1987 amending Section 32-1-5 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to interfering with an officer in discharge of duties by clarifying that only physical interference with an officer in performance of his/her duties was punishable, which motion carried, all members voted aye except Councilmember Stoler who was absent for the vote.
(O 87-31)
DEVELOPMENT SERVICES
#1. RE: A budget amendment to the City’s CDBG fund reducing the 11th Year CDBG Emergency Housing allocation by $2,273, and increasing the 13th Year CDBG allocation for men’s shelter operations by $12,773.
ACTION: Without objection Councilmember Fonnesbeck pulled this item from the agenda.
(T 87-24)
MAYOR’S OFFICE
#1. RE: The appointment of Pricilla M. Mayden to the Salt Lake City Library Board.
ACTION: Without objection Councilmember Fonnesbeck pulled this item from the agenda.
(I 87-12)
#2. RE: The reappointments of Frank Moss and Robert Springmeyer, Jr. to the Utah Air Travel Commission.
ACTION: Councilmember Godfrey moved and Councilmember Hardwick seconded to approve the reappointments, which motion carried, all members voted aye except Councilmember Stoler who was absent for the vote.
(I 87-5)
#3. RE: The reappointments of Lynn Jacobsen, Katie McMahon, Jennifer Stevens, Roger Borgenicht, D’Arcy Dixon Pignanelli, and Stan Roberts to the Salt Lake City Arts Council.
ACTION: Without objection Councilmember Fonnesbeck referred these reappointments to the consent agenda.
(I 87-14)
#4. RE: The appointments of Kim Anderson, Rosemarie Rendon, Bernice Cook, Hermoine Jex, Ranae Pierce, Peter Netka, Russell Allred, Michael Ortega, Rosemary Grim, Barbara Eason, Diana Smoot, and Rawlins Young to the Community Development Advisory Committee.
ACTION: Without objection Councilmember Fonnesbeck referred these appointments to the Committee of the Whole.
(I 87-20)
#5. RE: The reappointments of Edward Lunt and Michael Aldrich to the Housing Advisory and Appeals Board.
ACTION: Without objection Councilmember Fonnesbeck referred the reappointment of Michael Aldrich to the consent agenda and the reappointment of Edward Lunt to the Committee of the Whole.
(I 87-2)
#6. RE: The appointment of Elma Jean E. Scott-Palmer to the Housing Advisory and Appeals Board.
ACTION: Without objection Councilmember Fonnesbeck referred this appointment to the Committee of the Whole.
(I 87-2)
#7. RE: The reappointment of Jeanne Le Ber to the Tracy Aviary Board.
ACTION: Without objection Councilmember Fonnesbeck referred this reappointment to the consent agenda.
(I 87-13)
RECORDER’S OFFICE
#1. RE: The abstract of votes constituting the canvass of the primary election held October 6, 1987.
ACTION: Councilmember Godfrey moved and Councilmember Mabey seconded to convene with the Mayor as the Board of Canvassers and approve and certify the abstract of votes constituting the canvass of the primary election held October 6, 1987, for Mayor and Council Member in Council Districts 2 and 6, which motion carried, all members voted aye except Councilmember Stoler who was absent for the vote.
Councilmember Godfrey moved and Councilmember Mabey seconded to adjourn as the Board of Canvassers and reconvene as the City Council, which motion carried, all members voted aye except Councilmember Stoler who was absent for the vote.
(U 87-1)
PUBLIC HEARINGS
Petition 400-392 by Redeemer Lutheran Church Petition 400-121 by Sugarhouse Community Council.
RE: A public hearing at 6:20 p.m. to obtain public comment concerning both requests that Salt Lake City vacate Hillcrest Avenue between Preston Street and 20th East.
ACTION: Councilmember Mabey moved and Councilmember Bittner seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Mabey moved and Councilmember Godfrey seconded to adopt Ordinance 74 of 1987 closing a portion of Hillcrest Avenue between Preston Street and 20th East, which motion carried, all members voted aye.
DISCUSSION: Bill Wright, planning and zoning, explained that the two petitions dealt with the same parcel of property but were different requests. He said the community council identified this parcel of land in the master plan as a vacant lot and wanted to improve it as a neighborhood park. He said they submitted their petition and he explained that the planning and zoning staff met with the Redeemer Lutheran Church, the only adjacent property owner, and found out that they wanted to expand their facilities and needed to accommodate more parking so they submitted a petition asking that the city vacate the same street so they could purchase half of it.
He said the staff met with both petitioners to work out an acceptable solution to everyone and said they had the church’s architects make a proposal to the planning department suggesting a way to divide the property that would enable them to meet their expansion plans and have the park too. He outlined the area on a map and showed the area that the church wanted to retain for parking, the portion of the right of way that would remain with the city for a park and a portion of property currently owned by the church that would be deeded to Salt Lake City as part of the exchange for property. He showed a schematic prepared by the parks department of what a park would look like and said it would be better for the city to retain the majority of the property at the two ends and use the interior to serve the neighborhood and the church as a joint parking facility.
He said the Planning Commission recommended that the street be closed and the property divided as discussed in negotiations and that fair market compensation be given to the city for the property in the exchange. He indicated that the city’s property appraised for more than the parcel the church was going to deed to the city so he suggested to the church that they could pay cash along with dedicating the extra parcel; they could possibly dedicate more land and pay less cash; or they could dedicate all land and pay no cash. He said the city would retain title if this right of way was closed and the administration would negotiate a deal with the church.
Pastor David Fisher, Redeemer Lutheran Church, said he was pleased with the negotiations and said they were beginning expansion on their day school this month. No one from the audience opposed this request. Councilmember Stoler said he wanted the money issue with the church to be moot since the church could do much with the $3,000 which they would have to pay. He said if this was not possible then he asked that the money be earmarked for the park since there was a provision in the Sugarhouse Master Plan that proceeds from property sold in Sugarhouse would be used in that area.
Roger Cutler, city attorney, said he would have to check into the question of whether or not the Council could impose this restriction. He said the master plan was only directory in nature and not a binding commitment. Bill Wright said there was a policy that was part of the master plan stating that when property was sold In Sugarhouse the proceeds would go back into the area, however, this was a planning policy and not an ordinance. Councilmember Staler asked that if the church paid money to the city for this property the attorney’s office should check to see if the money could stay in the area for the park. (P 87-227 and P 87-228)
Petition 400-467 by RBD Enterprises/Rex Dahlberg.
RE: A public hearing at 6:30 p.m. to obtain public comment concerning the request that Salt Lake City close and abandon the east/west aligned portion of Pioneer Road (1350 South 2300 West).
ACTION: Councilmember Mabey moved and Councilmember Godfrey seconded to close the public hearing, which motion carried, all members voted aye except Councilmember Stoler who was absent for the vote.
Councilmember Mabey moved and Councilmember Godfrey seconded to close the east/west aligned portion of Pioneer Road with the exception of about 115 feet needed for access to the Commercial Shearing property; and direct the city attorneys office to prepare the necessary ordinance, which motion carried, all members voted aye except Councilmember Staler who was absent for the vote.
DISCUSSION: Doug Wheelwright, planning and zoning, outlined the area on a map and explained that this road was only partially improved and there had been no improvements made to the portion that ran west of the north/south aligned portion. He showed a parcel of property owned by Commercial Shearing Corporation and said the property was for sale. He said the petitioner had acquired approximately 70 acres in this vicinity and owned the property surrounding the Commercial Shearing parcel.
The petitioner had also made several attempts to purchase the Commercial Shearing property because he was in the process of developing an industrial subdivision. He said in a previous petition the Council approved closure of the extreme western portion of this same road and approval of this petition would close the remainder of the road up to the north/south aligned portion. He said all city departments involved recommended closure because the street was not needed and was In conflict with the planned extension of California Avenue.
He said the Planning Commission held informal hearings and approved the closure subject to a 30-day period in which the petitioner and Commercial Shearing could come to an agreement about the closure since Commercial Shearing was opposed. He said usually in a street closure both abutting property owners could purchase half of the property but since Commercial Shearing abutted such a minimal frontage on the north/south aligned portion, they should acquire all of the frontage, approximately 115 feet.
Richard Allen, attorney representing Commercial Shearing, explained that his client was concerned because currently they had extensive frontage on a public road and closure of the portion abutting the north/south aligned Pioneer Road would leave them little frontage onto the public road. He said it was his opinion that the city did not have authority under Utah code to close the road as proposed. He said he saw no reason to vacate the road at this time and thought it was an effort by the petitioner to gain unfair leverage over Commercial Shearing in the purchase of their property since Commercial Shearing would lose access to a public road.
He said if the Council adopted the proposed ordinance Commercial Shearing could either accept the proposal and purchase the road although they felt they would be paying for something they already owned under the law, or they could file a lawsuit to challenge the ordinance. He said Commercial Shearing had a valuable piece of property that they were trying to sell and closure of the road could have a very adverse effect on their efforts to sell it. He proposed that the Council not adopt the ordinance and reconsider it when California Avenue was constructed. Roger Cutler, city attorney, said he disagreed with Mr. Allen’s legal interpretation and said the Council had the power to close the road and sell it at a fair market value. He said his judgment was that if the company sued the city, the city would be sustained in their position.
Councilmember Godfrey asked if Commercial Shearing was basically concerned about access. Mr. Allen said they needed access off a public road and if they didn’t buy the portion proposed to be closed, it would be sold to the petitioner. He said they would have no access unless they bought the property or litigated the ordinance and that was the reason they did not want the road closed. Mr. Wheelwright said only half would be sold to the petitioner if Commercial Shearing did not want to buy it and the other half would be available to Commercial Shearing to purchase.
Councilmember Fonnesbeck thought by closing the road as proposed Commercial Shearing’s access would be cut off and she suggested that they close all of the road except for 115 feet which Commercial Shearing could use for access. Mr. Cutler said the Council could not cut off a property owner’s access. Councilmember Fonnesbeck pointed out that according to the map, Commercial Shearlngs access would be totally cut off unless they chose to buy the closed portion. Mr. Cutler asked Mr. Allen if Commercial Shearing had 115 feet for access would that solve the problem and Mr. Allen said yes.
Rex Dahlberg, petitioner, explained that his intention was not to cause a legal issue with Commercial Shearing because he knew they needed access to their property. He wanted the road closed because the parcel was significant for development and he didn’t want to acquire further property In the area until this road was abandoned by the city. He said the city’s intent needed to be clear that they no longer needed this road and said if the city abandoned the property it would give him an opportunity to proceed further with purchase negotiations of the Commercial Shearing property.
Mr. Cutler agreed with Councilmember Fonnesbeck that they could close all of the road except for 115 feet which would leave Commercial Shearing complete access. Mr. Wheelwright said the Planning Commission, city staff, and Mr. Dahlberg had no Intention of denying access to this property and said the Commercial Shearing property was abandoned to land use and any future building permit would require improvements to the right of way which remained open.
(P 87-229)
Petition 400-536 by Easton Aluminum.
RE: A public hearing at 6:40 p.m. to obtain public comment concerning the request that Salt Lake City change the street named Donald Douglas to Challenger Road.
ACTION: Councilmember Mabey moved and Councilmember Godfrey seconded to close the public hearing, which motion carried, all members voted aye except Councilmember Stoler who was absent for the vote.
Councilmember Bittner moved and Councilmember Godfrey seconded to adopt Ordinance 75 of 1987 changing the name of Donald Douglas Road to Challenger Road, which motion carried, all members voted aye except Councilmember Stoler who was absent for the vote.
DISCUSSION: Doug Wheelwright, planning and zoning, outlined the area on a map and said the road was located in the northeastern portion of the Salt Lake International Center. He said it was a cul-de-sac and the petitioner owned the property all around the cul-de-sac. He said the requested name of “Challenger Road” was reviewed by staff and the county address coordinator and approved; the Planning Commission approved the name change subject to the petitioner paying for the cost of new Street signs.
Ken DuVall, petitioner, said their new building was an international distribution center and they had problems communicating the name “Donald Douglas” in different languages to those outside of the United States. He said the name “Challenger” was internationally well known and was easily identifiable. He said it would allow them to interact with Japan and Europe who would understand this name, whereas the only response they got with the name “Donald Douglas” was “Donald Duck”. He said this gave them an image problem that they wanted to change. No one opposed this request.
(P 87-225)
COMMENTS
#1. Bernice Cook, People’s Freeway Community Council, said that people in her area were angry because they were paying the $4.00 per month garbage fee but didn’t have their new garbage cans yet. She said she knew the $4.00 was for collection service but asked when the new garbage collection system would be implemented. Mayor DePaulls said the new service would probably be fully implemented by next summer. He said they had all the garbage containers but it was taking a long time to get the trucks because of the bidding process.
The meeting adjourned at 7:30 p.m.