PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
REGULAR/BRIEFING SESSION
TUESDAY, SEPTEMBER 20, 1988
The City Council of Salt Lake City, Utah, met as the Committee of the Whole on Tuesday, September 20, 1988, at 5:00 p.m. in Suite 300, City Hall, 324 South State.
The following Council Members were present: Florence Bittner Thomas Godfrey Wayne Horrocks Roselyn Kirk Sydney Fonnesbeck Willie Stoler Alan Hardman.
Council Chairperson Godfrey presided at the meeting.
BRIEFING SESSION
Council Chairperson Tom Godfrey welcomed three visiting Italian officials. The Council interviewed Daniel Robert McNeer prior to consideration of his appointment to the Central Business Improvement District. Mr. Mcneer said his experience in the shopping mall and parking lot business gave him sate insight into the problems of the downtown area. He said he looked forward to working with the business community.
Executive Director, Linda Hamilton reviewed the agenda with the Council: #C5 - Linda Hamilton said that by selling the land in question, the City established its right to the water by keeping the easement to the wells. #E2 - Councilmember Hardman asked where the additional slippage money was coming from. He said he thought that the slippage funds had already been allocated.
Rosemary Davis and Joe Reno, of Capital Planning, said that as projects closed out from past years, the money was reallocated to other CIP projects. After closure of an engineering CIP project, excess funds had traditionally been reallocated to similar type projects, but excess funds from non-engineering projects were reallocated to other CIP projects.
Mr. Hardman said he would like to evaluate the process of allocating slippage, and said that spending the money bit by bit may not produce the best outcomes. He said that sometimes it would be nice to save up a bigger chunk of money for a major project. Councilmember Horrocks said that sometimes it was nice to have the flexibility of having the money throughout the year to finish up current projects. Ms. Davis said that the process was being looked at and that the method may be changing.
#E4 - Officer Alan Sawaya discussed the proposed seat belt law saying that it brought the City ordinance in line with the State’s and made enforcement easier because the City would no longer turn to the County for prosecution. Councilmember Stoler asked whether there would be any problems with the exemption clause, specifically the problem of people forging exemption certificates. Officer Sawaya said that for the low fine of $10, forging the document wouldn’t be worth the trouble. #F3 - Cindy Gust-Jenson reviewed the Political Activity ordinance outlining two different options. Roger Cutler, City Attorney, said that, if the Council was going to revise the ordinance in the near future to allow holding office in a political party, he would like to have time to express some concerns about it. He said that the Attorney’s office needed some special attention to help maintain impartiality in representing the City. #G1 - Lee King reviewed the Cemetery Fees hearing saying that the new fees would not compete with private cemeteries and were on par with other cities’ rates.
The meeting adjourned at 6:00 p.m.
The City Council of Salt Lake City, Utah, met in regular session on Tuesday, September 20, 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 Tom Godfrey Wayne Horrocks Roselyn Kirk Sydney Fonnesbeck Willie Stoler Alan Hardman.
Mayor Palmer DePaulis, Roger Cutler, city attorney, Kathryn Marshall, city recorder, and Lynda Domino, chief deputy city recorder, were present.
Councilmember Godfrey presided at and conducted the meeting.
Pat Robbins, Church of Religious Science, gave the invocation.
The Council led the Pledge of Allegiance.
Approval of Minutes.
Councilmember Kirk moved and Councilmember Stoler seconded to approve the minutes of the Salt Lake City Council for the regular meeting held Tuesday, September 13, 1988, which motion carried, all members voted aye.
(M 88-1)
PETITIONS
Petition 400-609 by Majestic Meats.
RE: An ordinance closing an alley located south of 1700 South at 115 West.
ACTION: Councilmember Horrocks moved and Councilmember Fonnesbeck seconded to approve the closure of the alley with the following conditions: 1. That the petitioner fence off the private right of way at their expense. 2. That the petitioner give up any claims it may have to use the private right of way. 3. That the Housing Authority grant, upon request, an easement to any of the property owners having a deeded interest in the private right of way over its driveway between Jefferson Circle and West Temple in substitution for their use of the subject alley as access to the right of way. And that the Housing Authority right of way be used for residential use rather than commercial use; and direct the City Attorney to prepare an ordinance reflecting same, which motion carried, all members voted aye.
DISCUSSION: Doug Wheelwright, planning and zoning, said they had worked out the conditions with the petitioner.
(P 88-224)
Petition 400-623 by Vernon A. Smith.
RE: The request that a portion of an alley located adjacent to 2322 Park Street and 2309 South to 2315 South 500 East be vacated.
ACTION: Councilmember Kirk moved and Councilmember Hardman seconded to set a date for a public hearing to be held Tuesday, October 18, 1988, at 6:20 p.m., which motion carried, all members voted aye.
(P 88-292)
Petition 400-639 by Councilmember Bittner.
RE: A resolution giving the honorary name of “McDonnell-Douglas Way” to 2200 West Street from 700 North to 1700 North.
ACTION: Councilmember Stoler moved and Councilmember Kirk seconded to suspend the rules and on first reading adopt Resolution 121 of 1988 approving the honorary name of “McDonnell-Douglas Way” for 2200 West from 700 North to 1700 North, which motion carried, all members voted aye.
(P 88-293)
DEPARTMENTAL BUSINESS
CITY ATTORNEY
#1. RE: An ordinance relating to the use of seat belts and establishing a fine for the violation thereof.
ACTION: Councilmember Kirk moved and Councilmember Stoler seconded to suspend the rules and on first reading adopt Ordinance 61 of 1988 enacting Section 12.28.085 of the Salt Lake City Code requiring the use of a seat belt by drivers and front seat passengers, and establishing a fine for the violation thereof, which motion carried, all members voted aye.
(O 88-33)
DEVELOPMENT SERVICES
#1. RE: A motion revising the CIP-CDBG program by allocating $22,723 from various Community Development Block Grant 8th Year project closeouts, $1,183 from various 9th Year project closeouts, $4,154 from various 10th Year project closeouts, $14,402 from various 11th Year project closeouts and $46,222 from various 12th Year project closeouts; $50,000 to Montague Avenue project, $20,000 to Euclid Avenue Storm Drain, and $18,684 to Sidewalk Curb and Gutter.
ACTION: Councilmember Kirk moved and Councilmember Bittner seconded to suspend the rules and on first reading adopt a motion revising the CIP-CDBG program, which motion carried, all members voted aye.
(T 88-25)
#2. RE: Salt Lake City’s proposed three year Housing Assistance Plan, which is a formal statement to the Federal Department of Housing and Urban Development explaining the city’s goals for meeting low and moderate income housing needs during the 1988-1990 period.
ACTION: Councilmember Kirk moved and Councilmember Hardman seconded to set a date for a public hearing to be held Tuesday, October 4, 1988, at 6:45 p.m., which motion carried, all members voted aye.
(T 88-24)
FINANCE DEPARTMENT
#1. RE: An interlocal cooperation agreement between Salt Lake City Corporation and Utah County whereby Utah County agrees to purchase 23.94 acres of city-owned land and water for wetland purposes.
ACTION: Councilmember Kirk moved and Councilmember Hardman seconded to adopt Resolution 116 of 1988 authorizing execution of the agreement, which motion carried, all members voted aye.
(C 88-503)
FIRE DEPARTMENT
#1. RE: An interlocal cooperation agreement amendment between Salt Lake City Corporation and Salt Lake County for providing fire and rescue dispatch services.
ACTION: Councilmember Kirk moved and Councilmember Hardman seconded to adopt Resolution 117 of 1988 authorizing execution of the agreement, which motion carried, all members voted aye.
(C 84-75)
#2. RE: An interlocal cooperation agreement amendment between Salt Lake City Corporation and Draper City for providing fire and rescue dispatch services.
ACTION: Councilmember Kirk moved and Councilmember Hardman seconded to adopt Resolution 118 of 1988 authorizing execution of the agreement, which motion carried, all members voted aye.
(C 86-650)
#3. RE: An interlocal cooperation agreement amendment between Salt Lake City Corporation and Riverton City for providing fire and rescue dispatch services.
ACTION: Councilmember Kirk moved and Councilmember Hardman seconded to adopt Resolution 119 of 1988 authorizing execution of the agreement, which motion carried, all members voted aye.
(C 87-390)
MAYOR’S OFFICE
#1. RE: The reappointment of N. Patricia Freston to the Civil Service Commission.
ACTION: Councilmember Kirk moved and Councilmember Hardman seconded to approve the reappointment, which motion carried, all members voted aye.
(I 88-20)
#2. RE: The reappointment of Rex Loker to the Board of Appeals and Examiners.
ACTION: Councilmember Kirk moved and Councilmember Hardman seconded to approve the reappointment, which motion carried, all members voted aye.
(I 88-21)
#3. RE: The appointment of Daniel Robert McNeer to the Central Business Improvement District.
ACTION: Councilmember Kirk moved and Councilmember Hardman seconded to approve the appointment, which motion carried, all members voted aye.
(I 88-9)
#4. RE: An ordinance relating to administrative organization by establishing a Human Resource Management Department.
ACTION: Councilmember Fonnesbeck moved and Councilmember Kirk seconded to adopt Ordinance 62 of 1988 repealing Subparagraph B of Section 2.04.020 and adding Section 2.08.075 to the Salt Lake City Code relating to administrative organization by establishing a Human Resource Management Department, which motion carried, all members voted aye.
(O 88-31)
#5. RE: An ordinance relating to prohibition against political activity.
ACTION: Councilmember Fonnesbeck moved and Councilmember Horrocks seconded to adopt Ordinance 63 of 1988 amending Section 2.52.210 of the Salt Lake City Code, relating to prohibition against political activity, which motion carried, all members voted aye except Councilmember Godfrey who voted nay.
DISCUSSION: Councilmember Stoler said he would support the ordinance but it went against his nature to have a city employee in both the legislative branch and executive branch of government because he felt there was a conflict even though this issue had been ruled on by the court. But he said he believed that city employees were entitled to the same consideration and employees with the state.
(O 88-29)
PUBLIC WORKS
#1. RE: An interlocal cooperation agreement between Salt Lake City Corporation and the Utah Department of Transportation for reconstruction of Redwood Road between North Temple Street and Tenth North Street involving adding to and upgrading drainage facilities, together with construction of curb, gutter and sidewalk on the east and west approaches of 700 North to Redwood Road, with UDOT and the city sharing the cost.
ACTION: Councilmember Kirk moved and Councilmember Hardman seconded to adopt Resolution 120 of 1988 authorizing execution of the agreement, which motion carried, all members voted aye.
(C 88-531)
PUBLIC HEARINGS
Cemetery Fees
RE: A public hearing at 6:30 p.m. to obtain comment concerning a proposed ordinance relating to cemetery fees.
ACTION: Councilmember Bittner moved and Councilmember Kirk seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Fonnesbeck moved and Councilmember Stoler seconded to adopt Ordinance 64 of 1988 amending Section 15.24.120 and 15.24.290 of the Salt Lake City Code relating to cemetery fees except delete the $25.00 vault fee and change the fee for opening and closing an infant grave from $100.00 to $125.00 and change the fee for opening and closing an adult grave from $200.00 to $225.00, which motion carried, all members voted aye.
DISCUSSION: Jim Larkin, vice president of Larkin Mortuary, Larkin Memorial Corporation, and Rocky Mountain Monument and Vault Company, said the increases on opening and closing graves were within reason and the fees were equitable but said he had a problem with the $25.00 vault setting fee. He said many cemeteries, including their cemeteries, had a vault setting fee but they did a lot of work for the money. He said he understood that the city’s vault setting fee would be a fee to allow the vault company in to the cemetery to install the vaults but nothing would change from the present situation. He said they would get nothing for the $25.00 vault fee.
Councilmember Fonnesbeck asked if the vault company used the city cemetery personnel. Mr. Larkin said they didn’t and said sometimes the personnel were there but sometimes they weren’t. He said the $25.00 fee would be passed on to the customer because they couldn’t absorb the cost. He suggested that the city increase the fees to open and close graves by $25.00 rather than establish a vault setting fee. He also explained that quite often opening a grave at the city cemetery required an unrelated marker to be moved in order to get the equipment in and he said very often his company would move the unrelated marker for the cemetery without charge.
He said when they moved a marker for a private party they had a charge. He said two or three weeks ago the equipment at the cemetery broke a base on a marker and since it was in conjunction with a funeral his company was doing they fixed the marker and reset it without a charge to the city. He said they worked closely with the cemetery and he said if they had to start paying to come into the cemetery he thought the city would have to pay them for work they did that benefited the cemetery.
Councilmember Staler said the vault fee was to cover the possible damage to sod or grave stones. Mr. Larkin said possible damage would occur when the ground was wet but the vault truck hauling a vault did not weigh as much as a dump truck with a full load of dirt and said the vault truck weighed half as much as a back hoe that would dig the grave. He said the chance of damage would be greater with the cemetery’s equipment than with the vault truck.
Councilmember Bittner said that with the fee increase the city would still subsidize the cemetery by 53% and she said she didn’t understand how private cemeteries could make money and the city had to subsidize their cemetery. Rick Graham, parks department, said the proposed fees were comparable to other public cemeteries and not private cemeteries, which were higher. He said the city cemetery didn’t have a perpetual care fund and the major cost of the cemetery was maintenance. He said it would be very difficult to raise the fees to the extent to cover the actual costs.
Councilmember Bittner said because the perpetual care fund was not built in she understood the city would have to subsidize the cemetery but she didn’t understand why the taxpayers should subsidize except for low income people. She thought the current cost of a burial should be paid and not subsidized. She asked if the subsidy was used for the perpetual care and Mr. Graham indicated that it was. She asked if the proposed fee reflected the actual cost and Mr. Graham said it did but the continual care was where they were lacking. Mr. Graham said they had problems because of the terrain and location of the cemetery, plus they permitted upright headstones and monuments which were difficult to work around. He said because of this their maintenance cost was high. He said they relied on the vault companies to set the vaults and there was an extra maintenance cost from vehicular damage, which was what they were trying to recover. He said this was not a tax to set the vault but it was an installation fee. He said they worked with the vault companies and cooperated with them but needed the $25.00 as a maintenance fee.
Councilmember Stoler said that even if they raised to cost to match a private cemetery that city would probably still have to subsidize the cemetery. Mr. Graham said this was probably true. Mr. Larkin said it could cost the city additional money if his company started charging when they helped the cemetery. Mr. Graham said the vault fee would be charged to the consumer and not the vault companies. Mr. Larkin reiterated that it would seem more equitable to include the $25.00 cost in with the opening and closing fee.
Councilmember Fonnesbeck said Mr. Larkin seemed to object to having a “vault fee” and not the fee itself so she agreed that they could just add the $25.00 fee to the opening and closing fee. Mr. Graham said that was an option although they wanted to identify the fee to where it went and it was a maintenance fee. Councilmember Stoler asked Mr. Larkin if he was fearful that setting up another fee category would present a problem in the future. Mr. Larkin said he thought so and reiterated that if the city charged them then they would have to charge the city for extra work they did.
Councilmember Fonnesbeck said the city didn’t intend to charge the vault companies and she reiterated that they should just make the $25.00 part of the opening fee and clarify that it was part of the city’s fee rather than calling it a vault fee which sounded like it was part of the vault company’s fee. She thought this would be more reasonable. Councilmember Stoler said by deleting the vault fee they would change the fee to open and close an infant grave to $125.00 and the fee to open and close an adult grave to $225.00.
(O 88-30)
The meeting adjourned at 6:50 p.m.