PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
REGULAR/BRIEFING SESSION
TUESDAY, SEPTEMBER 15 1987
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, SEPTEMBER 15, 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 an ordinance approving the rules governing participation and preference by owners, operators of businesses and tenants within a redevelopment project area adopted by the Redevelopment Agency of Salt Lake City was specific to the West Gateway Redevelopment Project. Council Member Tom Godfrey asked if because the proposed ordinance was specifically for the West Gateway Project, the Council needed to adopt a new ordinance for each Redevelopment Agency Project. Ms. Hamilton replied yes, that redevelopment statutes required a new ordinance approving rules of participation for each project.
Council Member Fonnesbeck suggested that the Council should not adopt the rules of participation until a decision was made on the West Gateway project. Ms. Hamilton told the Council that an ordinance amending Title 15 of the Revised Ordinances of Salt Lake City, Utah, 1965, by adding a new Chapter 4 known as controlling blasting in Salt Lake City instituting fees, and bonding and insurance requirements was in conflict with Title 77 of the Salt Lake City Fire Code. Ms. Hamilton suggested that the City Council close the public hearing and refer the ordinance to the City Engineer, the City Attorney, and the Fire Department for modifications.
The briefing session adjourned at 5:30 p.m.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION TUESDAY, SEPTEMBER 15, 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 DePaulis, Roger Cutler, city attorney, Kathryn Marshall, city recorder, and Lynda Domino1 chief deputy city recorder, were present.
Council Chairperson Kirk presided at and Councilmember Mabey conducted the meeting.
The prayer was given by police chaplain Michael Denos.
The Council led the Pledge of Allegiance.
Approval of Minutes
Councilmember Godfrey moved and Councilmember Stoler seconded to approve the minutes of the Salt Lake City Council for the regular meeting held Tuesday, September 8, 1987, which motion carried, all members voted aye.
(M 87-1)
Special Recognition
Councilmember Fonnesbeck read a joint resolution of the Mayor and City Council designating September 18, 1987, as Mattie Lou Koster Day in Salt Lake City. The United States House of Representatives designated the week of September 14, 1987, through September 20, 1987, as “Benign Essential Blepharospasm Awareness Week and the Fifth International meeting of the Benign Essential Blepharospasm Research Foundation will be held in Salt Lake City September 15, 1987, through September 18, 1987. Benign Essential Blepharospasm, an involuntary, forcible closing of the eyelids, is a progressively incapacitating disease resulting in functional blindness and Mattie Lou Koster, out of frustration over a lack of information, interest and treatment of the disease, founded the Benign Essential Blepharospasm Research Foundation which distributes information packets worldwide.
Councilmember Fonnesbeck moved and Councilmember Hardwick seconded to adopt Resolution 119 of 1987 designating Mattie Lou Koster Day, which motion carried, all members voted aye.
(R 87-1)
DEPARTMENTAL BUSINESS
CITY COUNCIL
#1. RE: An ordinance approving the rules governing participation and preference by owners, operators of businesses and tenants within a redevelopment project area adopted by the Redevelopment Agency of Salt Lake City for the Redevelopment Project Area known as the West Temple Gateway Neighborhood Redevelopment Project Area.
ACTION: Without objection Councilmember Mabey pulled this item from the agenda.
(T 87-18)
FINANCE DEPARTMENT
#1. RE: An extension of the escrow period for the Landmark Hotel-Airport Holiday Inn Industrial Development Revenue Bond.
ACTION: Councilmember Fonnesbeck moved and Councilmember Kirk seconded to adopt Resolution 118 of 1987 approving the extension by 120 days of the escrow period for the $8,800,000 Salt Lake City, Utah, Industrial Development Revenue Bond (Landmark Hotel-Airport Holiday Inn project) 1986, subject to approval by the City Attorney and the Salt Lake City Director of Finance, which motion carried, all members voted aye except Councilmember Hardwick who abstained from voting because of a conflict of interest.
(Q 86-18)
MAYOR’S OFFICE
#1. RE: The appointment of Eric Kankainen to the Board of Appeals and Examiners.
ACTION: Councilmember Godfrey moved and Councilmember Bittner seconded to approve the appointment, which motion carried, all members voted aye.
(I 87-17)
PUBLIC HEARINGS
Title 15, Chapter 4 Controlling Blasting.
RE: A public hearing at 6:20 p.m. to obtain public comment concerning the amendment of Title 15 of the Revised Ordinances of Salt Lake City, Utah, 1965, by adding a new Chapter 4 known as controlling blasting in Salt Lake City, instituting fees, and bonding and insurance requirements.
ACTION: Councilmember Fonnesbeck moved and Councilmember Godfrey seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Godfrey moved and Councilmember Hardwick seconded to refer the ordinance to the engineering department, the fire department, and the attorney’s office to resolve problems with the ordinance, which motion carried, all members voted aye.
DISCUSSION: Lee Ritzman, engineering department, explained that the existing ordinance required the City Engineer and the City Commission to issue permits for blasting within the city limits. He said we no longer had a City Commission and in an effort to give the City Engineer’s Office some authority to require proof of capability to use explosive materials, the proposed ordinance was drafted. He said at the last minute the fire department expressed concerns with the ordinance and he requested that the Council receive public comment and his office would work with the fire department. The ordinance could then be amended and brought back before the Council for approval. Stan Lucido, Atra Company at 3410 Greenmont Drive, said he had been doing blasting in Salt Lake City for about 6 years and agreed that there needed to be control over the blasting operations. He outlined his specific objections to issues in the proposed ordinance:
He wanted companies to be able to pre-file, for approval, the names and experience of men doing the actual blasting in order to save time; he thought a permit should be handled in one day instead of two; he said most standard insurance companies issued insurance for blasting companies for one half million dollars and the next increment was $5.5 million so to find a $1 million policy, as proposed in the ordinance, would be difficult and burdensome.
He also referred to a statement in the ordinance about the amount of insurance to be determined at the time the permit was requested and said they couldn’t bid a job unless they knew how much insurance they had to provide so he suggested there be a set amount in advance. He added that instead of notifying the engineering office about how much explosive material would be used, he suggested that there be a regular blast report filed with the engineering office giving them all the information about the blasting job.
Councilmember Fonnesbeck asked Mr. Lucido if he had talked with the engineering office and Mr. Lucido indicated he had been working with someone in the office that had since been moved to another position. He said in his opinion there were a few problems with the ordinance but the city definitely needed it. Councilmember Mabey suggested that Mr. Lucido meet with Mr. Ritzman to discuss his concerns. Mr. Ritzman said they had a set of regulations regarding blasting to use internally but in order to use the regulations they needed the ordinance to give them the authority. He also said that once a company established proof of proficiency they would be on file and permits would be issued quickly.
Gaylord Gardner, W.W. and W.B. Gardner, said they operated a rock quarry on Beck Street and he felt the proposed ordinance did not take Into consideration this type of blasting operation. He thought the ordinance was needed for demolition work in the city because of the close proximity to other property but did not think these regulations were needed for a blasting operation of his type since they were away from improvements. He opposed the $1 million insurance requirement and thought it was excessive for gravel pit blasting.
Mr. Gardner agreed with Mr. Lucido’s concerns and he raised a question about the $10,000 bond and said if it was in addition to the normal excavation bond which was posted then he felt this would be duplication. Councilmember Stoler agreed that some items in the ordinance needed to be reworked and he suggested that the ordinance be referred back to the engineering department, the fire department, and the attorney’s office. Councilmember Kirk asked if people would have an opportunity to talk with the engineering department about this and Mr. Ritzman said they sent out draft copies to blasting companies and incorporated changes that companies had suggested. He indicated he would discuss this ordinance with anyone who wanted to. He said the attorney’s office suggested that the requirement for a $10,000 bond remain In the ordinance and said this was the first time he heard the concern about the insurance requirement. Councilmember Bittner said the Rose Park area was affected by the blasting at the gravel pits and she said constituents called her about broken windows.
She said the people in Swede Town had dust problems because of blasting and said people had complained about structural damage to their homes. She thought there needed to be regulations and controls so people would have recourse if their property was damaged. Councilmember Fonnesbeck said she also got complaints about the ongoing blasting on Beck Street and the problems it caused.
(O 87-26)
Petition 400-538 by PSC Properties.
RE: A public hearing at 6:30 p.m. to obtain public comment about the request to close an alley between 1700 South and Harris Avenue and between Prospect Street and Utah Street.
ACTION: Councilmember Kirk moved and Councilmember Godfrey seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Hardwick moved and Councilmember Godfrey seconded to adopt Ordinance 67 of 1987 closing an alley between 1700 South and Harris Avenue and Utah Street and Prospect Street, which motion carried, all members voted aye.
DISCUSSION: Christine Richman, City Council Staff, explained that in 1986 the Council held a public hearing to close this same alley and they approved the request, which at that time was made by Smith’s Management Corporation; however Smith’s did not complete the conditions required in the ordinance so it expired. She said the current petitioner bought the property and built on it so she recommended that the Council close the alley as requested and said the petitioner agreed to meet the conditions of the original closure. No one from the audience addressed this issue.
(P 87-226)
The meeting adjourned at 6:35 p.m.