PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
REGULAR/BRIEFING SESSION
TUESDAY, OCTOBER 18, 1988
The City Council of Salt Lake City, Utah, met as the Committee of the Whole on Tuesday, October 18, 1988, at 5:00 p.m. in Suite 300, City Hall, 324 South State.
The following Council Members were present: Florence Bittner Roselyn Kirk Sydney Fonnesbeck Willie Stoler Alan Hardman.
Councilmembers Horrocks and Godfrey were absent.
Council Vice Chairperson Stoler presided at the meeting.
BRIEFING SESSION
Executive Director Linda Hamilton briefed the Council on the agenda. She said two citizens had asked to be put on the agenda for comments to the Mayor. Councilmember Roselyn Kirk, who conducted the meeting, asked how long Mr. Hyde should be allowed to talk. Councilmember Fonnesbeck said that he requested to be on the agenda in order to get more time to speak. Ms. Hamilton said she spoke with Mr. Hyde and it was decided that five minutes would be sufficient. Cindy Gust-Jenson said the major problems had been worked out and five minutes should be enough.
Concerning agenda item D-1, Community Development Block Grant budget amendment, Councilmember Hardman asked if it could be pulled from the consent agenda for a separate vote. He said he had some questions about the repayment plan since the total loan amount had increased by $300,000. Bob Buchanan, Planning and Zoning, said the final repayment schedule would depend on the exact amount of the 108 Housing and Urban Development loan and the rental income from the apartments. Rosemary Davis, Capital Planning, said the resolution needed to be passed in order to keep the loan application on schedule.
Concerning agenda item D-2, interlocal agreement, Councilmember Kirk asked what the total cost of the survey would be and why we needed another survey. LeRoy Hooton, Public Utilities, said the last survey left out some crucial watershed issues and the survey was a part of the master plan process to get citizen input.
Councilmember Fonnesbeck asked if the City was going to take an official position on the proposed ski interconnect and on the County Watershed Master Plan. Mr. Hooton said the City didn’t have enough information to take a stand on those issues at the present time. Concerning agenda item F-1, Golf Course Bond Issue, Councilmember Kirk said that as part of the bond package the Council had agreed to raise golf fees by 25% and that when the vote came, the Council needed to remember that it was all part of the package. Ms. Hamilton said the appropriate motions to deal with the bond issues were in the staff analysis. Concerning agenda item G-1, Vernon A. Smith hearing, Ms. Hamilton said all of the abutting property owners had signed the petition and the petition was just validating the status quo. Councilmember Stoler said there were two homes that needed access through the alley and asked if there were any plans to vacate the entire alley. Janice Jardine, Planning and Zoning, said that whenever there was a need for residential access, they would not vacate the alley.
The meeting adjourned at 5:30 p.m.
The City Council of Salt Lake City, Utah, met in regular session on Tuesday, October 18, 1988, at 6:00 p.m. in the City Council Chambers, City Hall, 324 South State Street.
The following Council Members were present: Florence Bittner Alan Hardman Wayne Horrocks Roselyn Kirk Sydney Fonnesbeck Willie Stoler.
Councilmember Godfrey was absent.
Mayor Palmer DePaulis, Roger Cutler, city attorney, Kathryn Marshall, city recorder, and Lynda Domino, chief deputy city recorder, were present.
Councilmember Stoler presided at and Councilmember Kirk conducted the meeting.
The Council led the Pledge of Allegiance.
Approval of Minutes.
Councilmember Horrocks moved and Councilmember Bittner seconded to approve the minutes of the Salt Lake City Council for the regular meeting held Tuesday, October 11, 1988, which motion carried, all members present voted aye except Councilmember Hardman who was absent for the vote.
(M 88-1)
Special Presentation
Mayor Palmer DePaulis briefed the City Council on the potential impact upon Salt Lake City government if Tax Initiatives A, B and C are approved by voters on November 8, 1988. Mayor DePaulis said only Initiatives A and B would directly impact Salt Lake City and he said the airport and public utilities revenues were excluded from the operating general fund budget in terms of this discussion.
He then outlined the effects to Salt Lake City if the initiatives are passed (attached as Exhibit A to the minutes). He said Initiative A would cause a general fund reduction to the operating budget of $10,473,000 and a reduction to the library of $2,083,000. He said percentage wise the impact to the library was much higher than the impact to the general fund; the impact to the general fund would be 13.9% and the impact to the library would be 41.9%. He said Initiative B was the fuels tax reduction to the general fund, which was the amount of money allocated to Salt Lake City for the gasoline taxes paid. He said if Initiative B passed there would be a $625,000 cut that Salt Lake City would sustain. So the total reduction resulting from Initiatives A and B would be $13,181,000 (including the library).
He referred to the general fund and said the total reduction would be $11,098,000 (excluding the library). He said for this discussion he would address the figures relating to the general fund and exclude the library. He said that under Initiative A the General Obligation Bonds for the City and County Building may be exempt which would take the reductions down to $7,698,000. So he said the potential reduction would range from $7,698,000 to $11,098,000 depending on the status of the G.O. bonds.
He said questions had been raised about the drastic cuts at the municipal level when the initiatives would only go back to a 1986 tax level, prior to when the state raised several taxes. He said local government was not involved in the tax increases that occurred at the state level and said since 1986 the city’s general fund budget had been relatively flat. He said this was not a move back to the 1986 level for the city and said it was different at the local level than the state level.
He said the police, public works, and fire departments would be cut the most since they represented 2/3 of the general fund operating budget and he said no matter how he suggested cuts, the cuts would impact these three major departments the most, which were also the three departments that the citizens depended on the most. He said over 100 programs would be directly affected - either eliminated, reduced significantly, or delayed. And he added that if programs were cut the people involved in those programs would be cut which would include all levels of positions.
He highlighted some of the programs which would be cut or reduced: School crossing guards, crime prevention, police patrol, 1 or 2 fire stations closed, annual trash pick up, snow removal, street lighting, street patching and overlay, animal control, building and housing code enforcement, parks maintenance, CIP, and library operating hours. He said these suggested cuts were not final and he would want Council input regarding areas to be cut.
He recommended that the Council consider taking a position against the initiatives and pass a resolution at their November 1, 1988, meeting, and he suggested that the information presented tonight be distilled into one or two pages and sent out to the citizens with a personal note from the Mayor and Council. He said he thought they had a duty to inform the public about the impact to Salt Lake City if the initiatives passed and he said he thought they needed to take this duty seriously and not be intimidated by anyone who suggested they should not take a position. Councilmember Kirk asked about the possibility of the legislature determining that additional bond debt, besides the City and County Building, could be exempted. She asked if the Council should consider this as part of their projections. Mayor DePaulis said it was a possibility but he didn’t include any other bonding in this presentation because he didn’t know at this point whether or not the city could shield itself further with other bond indebtedness.
Councilmember Stoler said the Office of Legal Research and General Counsel had indicated that it would respond to a formal written request from the city and offer its opinion as to which methods would apply to Salt Lake City property tax rate. He asked if the city had received an answer. Buzz Hunt, city treasurer, said there was still some question whether or not the G.O. debt would be eliminated.
He said there was a legal argument that the city could reduce the total impact by the G.O. debt plus the Municipal Building Authority debt and other long-term lease obligations but there was also some question if the impact could be reduced by the G.O. debt and he said if the initiatives were interpreted in an extremely conservative way, the city may have no deductions. He said at this point they didn’t know and he hadn’t talked to anyone who could give him an unequivocal answer.
Councilmember Stoler asked if the city had requested an opinion from the Office of Legal Research and General Counsel. Mr. Hunt said they hadn’t submitted a letter requesting an opinion and he didn’t know if it would be up to that office to determine an answer. He said the Office of Legal Research and General Counsel expressed their opinion in the voter information guide which was circulated by the Lt. Governor’s office. He said their opinion pointed out the complications and stated that accurate revenue projections couldn’t be made.
Councilmember Bittner expressed her concern with Initiative B. She said the Legislature would have the authority to apportion cuts and she speculated that the city would have a bigger cut than presented by the Mayor. Mayor DePaulis agreed with Councilmember Bittner and said all he could do was show how the current formula was being applied. He said if the Legislature decided not to cut as much from education then local government would have to “pick up the tab” so there could be a bigger impact because of the budget prioritization.
Councilmember Bittner said the Legislature could take part of the franchise tax and a larger portion of the sales tax so the impact on the state would be smaller. Mayor DePaulis said the city hadn’t calculated the impact if franchise or sales taxes were reduced. Councilmember Fonnesbeck said she was concerned about the city’s bond rating in the future and she asked how the initiatives would affect the bond rating. Cheryl Cook, Ehrlich Bober Co., said, in reference to a recent trip to New York for a bond rating, that they spent a great deal of time talking about the initiatives and the main thing the rating agencies looked at was how the effect would be managed if the initiatives passed. She said the initiatives would have an effect on the city’s rating because they would affect the city’s ability to govern.
She said until the initiatives actually passed she couldn’t give the Council anything quantifiable other than the rating agencies were watching this and it was important because they looked at the city’s ability to govern and raise necessary revenues. She said the whole state was still on credit watch and the rating agencies were watching to see what happened so they could do their analysis.
Councilmember Horrocks asked Dennis Day, library director, to outline the impacts to the library system. Mr. Day said the impact would be about a 42% cut in the library’s income. He said about 60% of the money they spent was for staffing so they would have to cut back significantly on the hours they were open and the services they offered. He said they would eliminate the capital improvement program or maintain this program and cut the operating budget even further.
He said the main library would become a part-time library, they would reduce the number of new book purchases by 50%, and reduce janitorial services to two days a week for all buildings which would be damaging to the facilities in the long term. He said their goal would be to keep all buildings open on a part-time basis and they could only be open two nights a week.
DEPARTMENTAL BUSINESS
DEVELOPMENT SERVICES
#1. RE: A resolution of intent to adopt an amended budget regarding 14th Year Community Development Block Grant Funding (1988-1989).
ACTION: Councilmember Fonnesbeck moved and Councilmember Bittner seconded to adopt Resolution 131 of 1988 and set a date for a public hearing on Tuesday, November 1, 1988, at 6:30 p.m. to obtain public comment concerning the proposed amendments, which motion carried, all members present voted aye except Councilmember Hardman who voted nay.
DISCUSSION: Councilmember Bittner asked Rosemary Davis, director of the Office of Capital Planning and Programming, to notify the people of the North Redwood Council about the public hearing. Councilmember Hardman asked when the Council would take final action and Ms. Davis said they would take final action on November 8, 1988.
(T 88-29)
FINANCE DEPARTMENT
#1. RE: Municipal Building Authority golf course bonds.
ACTION: Councilmember Fonnesbeck moved and Councilmember Horrocks seconded to adjourn as the City Council and convene as the Municipal Building Authority, which motion carried, all members present voted aye except Councilmember Hardman who abstained from voting.
Councilmember Fonnesbeck moved and Councilmember Horrocks seconded to adopt Resolution 128 of 1988 of the Board of Trustees of the Municipal Building Authority authorizing the issuance and sale of lease revenue bonds, (Municipal Golf Courses Project), Series November 1, 1988, in an amount not exceeding $10,000,000; authorizing the execution and delivery of a first supplemental indenture of trust, a first amendment to master lease agreement, a ground lease, a construction agency agreement and other agreements required in connection therewith; ratifying the distribution of a Preliminary Official Statement relating to such bonds and authorizing the preparation and distribution of a final Official Statement relating to such bonds; approving the sale of such bonds; and authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by such resolution, which motion carried, all members present voted aye except Councilmember Hardman who abstained from voting.
Councilmember Fonnesbeck moved and Councilmember Kirk seconded to adjourn as the Municipal Building Authority and reconvene as the City Council, which motion carried, all members present voted aye except Councilmember Hardman who abstained from voting.
Councilmember Horrocks moved and Councilmember Fonnesbeck seconded to adopt Resolution 129 of 1988 approving the issuance by the Municipal Building Authority of lease revenue bonds (Municipal Golf Courses Project), Series November 1, 1988, in an amount not exceeding $10,000,000, and approving the terms of said bonds; authorizing the execution and delivery of a First Amendment to Master Lease Agreement, a ground lease, a construction agency agreement, a bond purchase agreement and other agreements required in connection therewith; approving the forms, terms and provisions of a first supplemental indenture of trust; and authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by such resolution, which motion carried, all members present voted aye except Councilmember Hardman who abstained from voting.
DISCUSSION: Councilmember Hardman declared a conflict of interest since he said he was interviewing with the architectural firm involved in this project. He left the dais and abstained from voting.
(Q 88-5)
MAYOR’S OFFICE
#1. RE: The appointment of Richard F. Coles to the Central Business Improvement District.
ACTION: Without objection Councilmember Kirk referred this to the Committee of the Whole.
(I 88-9)
#2. RE: The reappointments of Diana Smoot, Rosemary Grim, Russell Allred, Kim Anderson, and Hermoine Jex to the Community Development Advisory Committee.
ACTION: Without objection Councilmember Kirk referred this to the consent agenda.
(I 88-3)
#3. RE: The reappointment of Peter Stevens to the Housing Authority Board.
ACTION: Without objection Councilmember Kirk referred this to the consent agenda.
(I 88-22)
#4. RE: The reappointment of Lois Brown to the Housing Advisory and Appeals Board.
ACTION: Councilmember Horrocks moved and Councilmember Bittner seconded to refer this to the Committee of the Whole, which motion carried, all members present voted aye.
Councilmember Hardman moved and Councilmember Horrocks seconded to reconsider the motion, which motion carried, all members present voted aye.
Councilmember Hardman moved and Councilmember Fonnesbeck seconded to refer this appointment to the consent agenda, which motion carried, all members present voted aye except Councilmember Bittner who voted nay and Councilmember Horrocks who abstained from voting.
(I 88-2)
#5. RE: The appointment of Ron Whitehead to the Mosquito Abatement District Board.
ACTION: Without objection Councilmember Kirk referred this to the consent agenda.
(I 88-12)
#6. RE: The reappointment of Richard J. Howa to the Planning and Zoning Commission.
ACTION: Without objection Councilmember Kirk referred this to the consent agenda.
(I 88-7)
#7. RE: The appointment of Steve H. Crane to the Board of Appeals and Examiners.
ACTION: Without objection Councilmember Kirk referred this to the Committee of the Whole.
(I 88-21)
PUBLIC UTILITIES
#1. RE: An Interlocal Cooperation Agreement between Salt Lake City Corporation and the Utah Office of Planning and Budget to provide data on public responses from a random survey concerning management of the Wasatch Canyons, including issues relating to watershed management, at a cost to Salt Lake City of $3,800.
ACTION: Councilmember Fonnesbeck moved and Councilmember Stoler seconded to adopt Resolution 130 of 1988 authorizing execution of the agreement, which motion carried, all members present voted aye.
(C 88-614)
PUBLIC HEARINGS
Petition No. 400-623 by Vernon A. Smith.
RE: A public hearing scheduled for 6:20 p.m. to obtain comment concerning Petition No. 400-623 submitted by Vernon A. Smith et. al., requesting that a portion of an alley located adjacent to 2322 Park Street and 2309 South to 2315 South 500 East Street be vacated.
ACTION: Councilmember Stoler moved and Councilmember Hardman seconded to close the public hearing, which motion carried, all members present voted aye except Councilmember Fonnesbeck who was absent for the vote.
Councilmember Stoler moved and Councilmember Horrocks seconded to adopt Ordinance 68 of 1988 vacating a portion of an alley located adjacent to 2322 Park Street and 2309 South to 2315 South 500 East, which motion carried, all members present voted aye except Councilmember Fonnesbeck who was absent for the vote.
DISCUSSION: Janice Jardine, planning and zoning office, outlined the area on a map. She said the property owners abutting both sides of the alley signed the petition. She said Mr. Smith built a wall which encroached into the alley in order to provide additional off-street parking for his four-plex. She said all the appropriate city departments reviewed the petition and approved it except for the fire department. She said their policy was to not create dead-end alleys longer than 150 feet but she said this dead-end alley was already longer than 150 feet and this petition would shorten it. No one from the audience addressed this issue.
(P 88-292)
Petition No. 400-627 by John Zaccheo.
RE: A public hearing scheduled for 6:30 p.m. to obtain comment concerning Petition No. 400-627 submitted by John Zaccheo requesting Salt Lake City to close a portion of an east/west alley located behind 280 East from 800 South running east from Roberta Street.
ACTION: Councilmember Stoler moved and Councilmember Fonnesbeck seconded to close the public hearing, which motion carried, all members present voted aye.
Councilmember Hardman moved and Councilmember Fonnesbeck seconded to adopt Ordinance 69 of 1988 closing a portion of an east/west alley located behind 280 East 800 South east from Roberta Street, which motion carried, all members present voted aye.
DISCUSSION: Janice Jardine, planning and zoning, outlined the area on a map and said the alley ran entirely through the block. She said Zaccheo’s Restaurant abutted the alley entirely on the north side and he owned a lot which abutted the alley on the south side. She said the Ebenezer Church of God in Christ also owned property which abutted the alley and she said they agreed to the alley closure with an agreement from Mr. Zaccheo that they would receive a right of way and right of access to their property.
She said she had a signed agreement between the two parties. She said on June 23, 1988, Mr. Zaccheo appeared before the Planning Commission and received approval for a conditional use of a parking lot in a residential zone with one of the conditions being that Mr. Zaccheo would successfully complete the alley closure. She said the appropriate city departments reviewed the petition and recommended approval. She said the use would be commercial so Mr. Zaccheo would have to purchase the property which he agreed to do.
Councilmember Horrocks asked if Mr. Zaccheo owned vacant land west of his restaurant. Bill Wright, planning and zoning, said the property to the west was part of Mr. Zaccheo’s expansion plans for an addition to the restaurant and parking. He said as the staff reviewed the proposal it became obvious that with the alley closed there could be a more efficient parking layout and better controls of setbacks. He said with the expansion of the restaurant Mr. Zaccheo would need additional parking. He said the house removed from the west site was under enforcement action by the city for repair or demolition.
Bobby Allen, pastor of the Ebenezer Church of God in Christ, agreed with the alley closure as long as they had access to their property. He said they had a house in the back which abutted the alley and they used the alley to access the house. Councilmember Fonnesbeck asked if he had Mr. Zaccheo’s agreement in writing regarding access and Mr. Allen said he did. Ms. Jardine said the agreement was a condition of Mr. Zaccheo getting the conditional use.
No one opposed this petition.
(P 88-294)
COMMENTS
#1. John T. Hyde, manager of the Capitol Villa, presented the City Council with information pertaining to sidewalks and future development around his property located at 239 West 600 North. Mr. Hyde said in 1983 they attempted to get a sidewalk on Arctic Court from their property line to 500 North. He said city staff people had looked at the situation several times but nothing had been done and they needed the sidewalk because the apartment building housed elderly and handicapped people.
He said they were promised they would have a sidewalk by June 1 and they were promised again that they would have a sidewalk by July 15 of this year. He said they planned to add 240 units and clean up the block but his main concern was getting the sidewalk installed. Mayor DePaulis said the cost would be about $6,630 in order to construct the sidewalk correctly to the full depth and width. Councilmember Fonnesbeck said this had been a problem since she could remember. She said a year ago she was assured this problem would be resolved. Rosemary Davis, capital planning, said they could use money from the sidewalk fund or do this project next year.
Mayor DePaulis said he would give this matter his personal attention and Councilmember Fonnesbeck asked that she be kept informed. Mr. Hyde also referred to a vacant building which caused problems because of transients. Councilmember Fonnesbeck understood that legally the city couldn’t tear down the building. Mayor DePaulis said he would get an update of this situation. Cindy Gust-Jenson, Council Staff, said that Patrick Sorenson in the Mayor’s office was following up on the enforcement problem of this building. Councilmember Bittner suggested that they check into declaring this building a public nuisance.
The meeting adjourned at 7:40 p.m.