September 6, 1988

 

PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH

REGULAR/BRIEFING SESSION

TUESDAY, SEPTEMBER 6, 1988

 

The City Council of Salt Lake City, Utah, met as the Committee of the Whole on Tuesday, September 6, 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

 

The Council interviewed Jim Jensen prior to consideration of his appointment to the Golf Advisory Board. Councilmember Kirk asked Mr. Jensen how he would deal with complaints about the green fees. Mr. Jensen said he felt that Salt Lake City’s courses were priced very low when compared to private courses and out of state rates.  The Council decided to reschedule its September 14 meeting with the County Commission. No new date was set.

 

Linda Hamilton then reviewed the Council Agenda.  Item D5, Councilmember Stoler expressed the concern that we keep the water rights for irrigation and that the water continue to go where it was supposed to. Council Member Hardman asked if the City was getting fair market value and if there was a need for a public hearing in order to avoid any problems. Council Chairperson Godfrey said that if the Council was uncomfortable with it that it could be pulled off the agenda and looked at further. The Council decided to pull item D5 off the agenda.

 

Items Dl1 & D12, Ms. Hamilton said that by setting hearing dates this early, the Board of Adjustment would be able to set a soft moratorium on demolitions until the new ordinance was in place. Council Member Bittner asked if the Council wanted to strengthen the demolition ordinance when Building and Housing said that the City had empty buildings because of it. She asked if R/UDAT and the Council were going in the same direction.

 

Mr. Godfrey said that the R/UDAT Committee had the right to petition for the change and that a hearing would bring out a lot of ideas that needed to be discussed. Ms. Kirk said that stopping this petition may send the wrong signal to R/UDAT in relation to the Council’s willingness to cooperate with R/UDAT.  Ms. Hamilton said that the date could be set and the hearing continued in order to gather more information.  Item D17, Councilmember Stoler said that during the last beautification project people went out of business because of construction disruption. He asked if the contracts included any penalties for scl1uling-caused problems. Mr. Hardman said that the city was managing the project and so would have better control of scheduling decisions.  Item E3, Ms. Hamilton said that the change would have no budget impact because the Division wouldn’t change its function, just its classification. Council Member Bittner said that she still wanted to look at contracting out the work of the Human Resources Division.  Mr. Hardman said that eventually there would be a budget impact and that he wanted more discussion before the change was made.

 

Mr. Stoler said that once the change was made, the Division would have a tendency to grow, and therefore, cost more.  Ms. Hamilton said that the Council could refer it to the Committee of the Whole.  Item G1, Ms. Bittner expressed concern about small “piecemeal” annexations. Mr. Stoler expressed the same concer and asked if the City could initiate annexations to square up the boundaries. Roger Cutler, City Attorney, said that there was legislation pending in the State Legislature that would allow the City to initiate annexations that did not conform with school district boundaries in order to square up city boundaries.

 

Item G3, Councilmember Horrocks said that some of the neighbors were against the alley closure. Janice Jardine, of Planning and Zoning, said that the ordinance was being rewritten to prevent the use of the alley as a through street while allowing the Majestic Meats company to access their property.  She indicated that this change should address the neighbors concerns.

 

Mr. Stoler said that he wanted to draw up sate ideas for involving the staff in studying the effects of the tax initiatives and the city funding. He asked Council Members for any input and concerns they might have before the research started. He also asked if there was a need to audit the City/County Building project. Ms. Hamilton asked if the Council wanted to discuss and reevaluate their internal audit list.

 

The meeting adjourned at 6:00 p.m.

 

The City Council of Salt Lake City, Utah, met in regular session on Tuesday, September 6, 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.

 

Approval of Minutes.

 

Councilmember Hardman moved and Councilmember Bittner seconded to approve the minutes of the Salt Lake City Council for the regular meeting held Tuesday, August 9, 1988, which motion carried, all members voted aye except Councilmembers Fonnesbeck and Kirk who were absent for the vote.

(M 88-1)

 

Special Recognition

 

The City Council and Mayor presented a joint resolution of appreciation to Doreen Maxfield for her work on the Sister Cities program during the 1988 Pioneer Days celebration. Councilmember Godfrey read the resolution which stated that Ms. Maxfield, within a very short time frame, identified a committee to oversee the Sister City program and arranged for home stays and the entertainment of over 100 visitors from Salt Lake City’s Sister Cities - Matsumoto, Japan, Quezon City, the Philippines, and Keelung, Taiwan.

 

She also organized the 30th Anniversary celebration for Matsumoto, Japan, which honored the long-term commitment of the officials of Salt Lake City and the officials of Matsumoto to the Sister City project.  Ms. Maxfield said this was one of the greatest honors she had received and she was impressed with the Mayor’s and City Council’s participation. She said she thought Salt Lake City would see results because of the relationships which were developed. She said she appreciated the Council’s and Mayor’s support.

 

Councilmember Kirk moved and Councilmember Fonnesbeck seconded to adopt Resolution 112 of 1988, which motion carried, all members voted aye.

(R 88-1)

 

PETITIONS

 

Petition 400-647 by John Pingree, R/UDAT.

 

RE: A request that Salt Lake City change the C-4 zoning ordinance to make surface parking a conditional use.

 

ACTION: Councilmember Hardman moved and Councilmember Horrocks seconded to set a date for a public hearing for Tuesday, November 8, 1988, at 6:20 p.m., which motion carried, all members voted aye except Councilmember Kirk who was absent for the vote.

(P 88-289)

 

Petition 400-648 by John Pingree, R/UDAT.

 

RE: A request that Salt Lake City require approved drawings for new construction before demolition permits are issued.

 

ACTION: Councilmember Hardman moved and Councilmember Horrocks seconded to set a date for a public hearing for Tuesday, November 8, 1988, at 6:30 p.m., which motion carried, all members voted aye except Councilmember Kirk who was absent for the vote.

(P 88-290)

 

DEPARTMENTAL BUSINESS

AIRPORT AUTHORITY

 

#1. RE: An interlocal cooperation agreement amendment between Salt Lake City Corporation and the Federal Aviation Administration, acting for the United States, to change the agreement to provide that the FAA will assume 90.63% of the cost of airport improvement program 3-49-0033-18.

 

ACTION: Councilmember Hardman moved and Councilmember Horrocks seconded to adopt Resolution 109 of 1988 authorizing execution of the agreement, which motion carried, all members voted aye except Councilmember Kirk who was absent for the vote.

(C 88-223)

 

FINANCE DEPARTMENT

 

#1. RE: Proposed amendments to the Fiscal Year 1988-89 budgets.

 

ACTION: Councilmember Hardman moved and Councilmember Horrocks seconded to set a date for a public hearing for Tuesday, September 13, 1988, at 6:20 p.m., which motion carried, all members voted aye except Councilmember Kirk who was absent for the vote.

(B 88-5)

 

#2. 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: This agreement was pulled from the agenda.

(C 88-503)

 

FIRE DEPARTMENT

 

#1. RE: An amendment to an interlocal cooperation agreement between Salt Lake City Corporation and Midvale City for fire and rescue dispatch services.

 

ACTION: Councilmember Hardman moved and Councilmember Horrocks seconded to adopt Resolution 108 of 1988 authorizing the execution of the amendment, which motion carried, all members voted aye except Councilmember Kirk who was absent for the vote.

(C 85-25)

 

MAYOR’S OFFICE

 

#1. RE: The appointment of Jim Jenson to the Golf Advisory Board.

 

ACTION: Councilmember Hardman moved and Councilmember Horrocks seconded to approve the appointment, which motion carried, all members voted aye except Councilmember Kirk who was absent for the vote.

(I 88-10)

 

#2. RE: A proposed ordinance relating to the increase of cemetery fees.

 

ACTION: Councilmember Hardman moved and Councilmember Horrocks seconded to set a date for a public hearing for Tuesday, September 20, 1988, at 6:30 p.m., which motion carried, all members voted aye except Councilmember Kirk who was absent for the vote.

(O 88-30)

 

#3. RE: An ordinance amending Section 2.52.210(A) of the Salt Lake City Code, relating to prohibition against political activity of city employees.

 

ACTION: Without objection Councilmember Godfrey referred this ordinance to the Committee of the Whole.

(O 88-29)

 

#4. RE: An ordinance 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.

 

ACTION: Councilmember Fonnesbeck moved to suspend the rules and adopt the ordinance on first reading. There was no second to the motion.

 

Councilmember Bittner moved and Councilmember Horrocks seconded to refer the ordinance to the Committee of the Whole, which motion carried, all members voted aye except Councilmember Fonnesbeck who voted nay and Councilmember Kirk who was absent for the vote.

(O 88-31)

 

#5. RE: A proposed ordinance relating to garbage collection and collection fees.

 

ACTION: Councilmember Hardman moved and Councilmember Horrocks seconded to set a date for a public hearing for Tuesday, October 4, 1988, at 6:20 p.m., which motion carried, all members voted aye except Councilmember Kirk who was absent for the vote.

(O 88-28)

 

PARKS DEPARTMENT

 

#1. RE: An ordinance amending Chapter 2.26 of the Salt Lake City Code to be entitled the “Salt Lake City Urban Forestry Ordinance”, defining responsibilities and establishing standards and specifications for the city’s urban forest.

 

ACTION: Without objection Councilmember Godfrey referred this ordinance to the Committee of the Whole.

(O 88-27)

 

PUBLIC UTILITIES

 

#1. RE: An interlocal cooperation agreement between Salt Lake City Corporation and Utah State University Foundation (Laboratory Services) for USU to perform certain laboratory tests on sludge, soil and plant tissue samples on the Hinckley farm, owned by the city and adjacent to the airport.

 

ACTION: Councilmember Hardman moved and Councilmember Horrocks seconded to adopt Resolution 110 of 1988 authorizing execution of the agreement, which motion carried, all members voted aye except Councilmember Kirk who was absent for the vote.

(C 88-506)

 

#2. RE: An interlocal cooperation agreement between Salt Lake City Corporation and the Utah Department of Transportation for a utility line agreement to operate a water utility line within the right-of-way lines for State Highway U-266, at approximately 1549 to 1594 East 4500 South, in Salt Lake County.

 

ACTION: Councilmember Hardman moved and Councilmember Horrocks seconded to adopt Resolution 105 of 1988 authorizing execution of the agreement, which motion carried, all members voted aye except Councilmember Kirk who was absent for the vote.

(C 88-504)

 

#3. RE: The sixth amendment to an interlocal cooperation agreement between Salt Lake City Corporation and Salt Lake County for watershed enforcement in Wasatch canyons, to extend the term to June 30, 1989, and the related cost.

 

ACTION: Councilmember Hardman moved and Councilmember Horrocks seconded to adopt Resolution 106 of 1988 authorizing execution of the amendment, which motion carried, all members voted aye except Councilmember Kirk who was absent for the vote.

(C 87-448)

 

#4. RE: An interlocal cooperation agreement between Salt Lake City Corporation and the Utah Department of Transportation for relocation of city culinary water facilities, to be paid for by UDOT as a result of railroad crossing improvements at 30 South and South Temple at 900 West.

 

ACTION: Councilmember Hardman moved and Councilmember Horrocks seconded to adopt Resolution 107 of 1988 authorizing execution of the agreement, which motion carried, all members voted aye except Councilmember Kirk who was absent for the vote.

(C 88-505)

 

PUBLIC WORKS

 

#1. RE: An interlocal cooperation agreement between Salt Lake City Corporation and Utah Transit Authority providing for modification of the Main Street Beautification project for construction of concrete bus pads to provide for more efficient transit operations.

 

ACTION: Councilmember Hardman moved and Councilmember Horrocks seconded to adopt Resolution 111 of 1988 authorizing execution of the agreement, which motion carried, all members voted aye except Councilmember Kirk who was absent for the vote.

(C 88-507)

 

#2. RE: An interlocal cooperation agreement between Salt Lake City Corporation and the Utah Department of Transportation to provide for bridge replacement over the surplus canal at Indiana Avenue, to be paid for 80% by federal funds and 20% by local funds.

 

ACTION: Councilmember Hardman moved and Councilmember Horrocks seconded to adopt Resolution 102 of 1988 authorizing execution of the agreement, which motion carried, all members voted aye except Councilmember Kirk who was absent for the vote.

(C 88-500)

 

#3. RE: An interlocal cooperation agreement between Salt Lake City Corporation and the Utah Department of Transportation to provide flashing light signals at the Union Pacific Railroad crossings at 900 West South Temple and 30 South 900 West, to be paid for 90% by federal funds and 10% by local funds.

 

ACTION: Councilmember Hardman moved and Councilmember Horrocks seconded to adopt Resolution 103 of 1988 authorizing execution of the agreement, which motion carried, all members voted aye except Councilmember Kirk who was absent for the vote.

(C 88-501)

 

#4. RE: An interlocal cooperation agreement, between Salt Lake City Corporation and the Utah Department of Transportation to provide flashing light signals with gates and roadway approach work at the Union Pacific Railroad crossing at 910 South 900 West Street, to be paid 90% by federal funds and 10% by local funds.

 

ACTION: Councilmember Hardman moved and Councilmember Horrocks seconded to adopt Resolution 104 of 1988 authorizing execution of the agreement, which motion carried, all members voted aye except Councilmember Kirk who was absent for the vote.

(C 88-502)

 

PUBLIC HEARINGS

 

Petition 400-591 Butler Annexation.

 

RE: A public hearing at 6:20 p.m. to obtain comment concerning the request that Salt Lake City annex .84 acres of unincorporated property located between 1100 East and Richmond Street along the north side of 3300 South with a zoning classification of C-3A; and concerning proposed Amendment No. 5-E to the City’s Master Annexation Policy Declaration.

 

ACTION: Councilmember Stoler moved and Councilmember Kirk seconded to close the public hearing, which motion carried, all members voted aye.

 

Councilmember Stoler moved and Councilmember Kirk seconded to approve the annexation, which motion carried, all members voted aye.

 

DISCUSSION: Randolph Taylor, planning and zoning, outlined the area on a map and said the parcel was on the northwest corner of Richmond Street and 3300 South. He said the planning staff and Planning Commission approved this request with conditions. He said the Master Annexation Policy Declaration recommended this area as desirable for annexation and the Sugar House Master Plan supported the annexation.

 

He said this was an opportunity to improve the neighborhood with landscape setbacks, proper off-street parking, and curb, gutter and sidewalk. He outlined the following conditions: 1. Approximately 8 feet of the petitioner’s property along 3300 South be dedicated to Salt Lake County to widen the public right-of-way. 2. Curb, gutter and sidewalk improvements be constructed in the public right-of-way according to Salt Lake City Engineering specifications.

 

The parking strip along 3300 South be landscaped with grass and street trees approved by the city urban forester and maintained with a sprinkler system. Improvement costs be borne by the developer and/or property owner. 3. The property be zoned Commercial “C-3A”. 4. An annexation plat be prepared by a registered professional engineer or land surveyor, meeting all Salt Lake City standards for such a document. He said they worked with the county on this matter since the petitioner had first contacted the county and worked with them until they realized that in order to get city services they had to be annexed.

 

Councilmember Horrocks asked what would be built on this corner. Mr. Taylor said a Circle K had already been constructed and he explained that the petitioner had done a lot of work with the county before they came to Salt Lake City to obtain city services. He said the city worked with the county and the petitioner, and required that Salt Lake City review the site development plan as the petitioner went through the county permit process, with the agreement that they would have to annex to Salt Lake City and meet city specifications. He said the difficulties were worked out to everyone’s benefit.  Helen Butler, petitioner, voiced her support for the annexation.  Bonnie Hoff, 227 Browning Avenue, asked about the difference between C-3 and C-3A zoning. Mr. Taylor explained that C-3 was more lenient and C-3A required landscape setback.  No one opposed the annexation.

(P 88-195)

 

Petition 400-59 5 Russell Annexation.

 

RE: A public hearing at 6:30 p.m. to obtain comment concerning the request that Salt Lake City annex .66 acres of unincorporated property located between 1100 East and Richmond Street along the north side of 3300 South, with a zoning classification of C-3A; and concerning proposed Amendment No. 5-F of the city’s Master Annexation Policy Declaration.

 

ACTION: Councilmember Bittner moved and Councilmember Horrocks seconded to close the public hearing, which motion carried, all members voted aye.

 

Councilmember Stoler moved and Councilmember Kirk seconded to approve the annexation, which motion carried, all members voted aye.

 

DISCUSSION: Randolph Taylor, planning and zoning, outlined the area on a map and said the planning staff and Planning Commission recommended approval of the annexation with the same conditions as outlined in the previous hearing for the Butler Annexation. He also reiterated that this annexation was recommended in the city’s Master Annexation Policy Declaration and was supported by the Sugar House master plan. He said the petition went to the county first and they rezoned the property from C-2 to C-3 and the city recommended the C-3A zoning. He said this was a logical extension.  Dick Olwine, petitioner, said they planned to build a restaurant.  There was no opposition to the annexation.

(P 88-194)

 

Petition 400-609 by Majestic Meats.

 

RE: A public hearing at 6:40 p.m. to obtain comment concerning the request that Salt Lake City close an alley located south of 1700 South at 115 West.

 

ACTION: Councilmember Kirk moved and Councilmember Fonnesbeck seconded to close the public hearing, which motion carried, all members voted aye.

 

Councilmember Kirk moved and Councilmember Horrocks seconded to table the petition until September 20, 1988, in order to give the Council a chance to visit the site, which motion carried, all members voted aye.

 

DISCUSSION: Janice Jardine, planning and zoning, outlined the area on a map and said Majestic Meats owned the property on both sides of the alley. She said Salt Lake City owned 71 feet of the alley and the remainder of the alley was a private right of way. She said the residents had access to the alley from the south and from Jefferson Street. She suggested that a fence could be installed at the back of Majestic Meats’ property line in order to prevent the delivery trucks from using the private right of way.

 

She said the property owners would feel more comfortable with this petition if, at the time of any new construction, the transportation department looked at the parking lot design and turn a rounds for the trucks so they wouldn’t use the private alley.  Councilmember Fonnesbeck indicated that the city would sell this property and Majestic Meats would install a fence. Ms. Jardine said that was correct. She also said she understood that Majestic Meats was going to do new construction.

 

Rulon Malmquist, representing the petitioner, voiced his support for the alley closure. He said he understood that Majestic Meats had negotiated a deal with all but one of the property owners for a resolution to the problem. Councilmember Fonnesbeck said she understood that the petitioner was willing to install a fence and Mr. Malmquist said he wasn’t sure but he would find out. He said he assumed that a fence could resolve the problem.

 

Bernice Cook said her property abutted the alley and she suggested that the Council not take action until they looked at the situation. She said this alley had always been a private right of way but there had been problems for years regarding the ownership of the alley. She said she wanted the trucks to stay out of the alley and was concerned that if the Council closed the alley then Majestic Meats would construct a building up to their property line and the trucks would still have to use the private right of way.

 

She indicated that the petitioner had wanted the abutting property owners to sign over their right to the private right of way. Councilmember Fonnesbeck said the neighbors could put a fence on the private right of way at any time and said the only way to make sure trucks didn’t use the alley was to install a fence.  Councilmember Kirk agreed that the Council needed to visit this site and look at the situation.

(P 88-224)

 

Petition 400-621 by Margrit Schneider-Atherton.

 

RE: A public hearing at 6:50 p.m. to obtain comment concerning the request to close a portion of Paxton Avenue west of 400 West and east of the I-15 freeway.

 

ACTION: Councilmember Horrocks moved and Councilmember Bittner seconded to close the public hearing, which motion carried, all members voted aye.

 

Councilmember Horrocks moved and Councilmember Bittner seconded to adopt Ordinance 56 of 1988 closing a portion of Paxton Avenue west of 400 West and east of I-15, which motion carried, all members voted aye.

 

DISCUSSION: Janice Jardine, planning and zoning, outlined the area on a map and said this area was a small piece that wasn’t addressed when the freeway went through and wasn’t closed at that time. She said currently it was used as a parking lot and a recent special improvement district added two curb cuts which made it even more of a parking lot. She recommended that the Council close and sell this property.

 

Margrit Schneider-Atherton, petitioner, said the road was a dead end at the freeway and said the owner of the machine shop agreed to closing the property. She said it was used as a parking lot and there was no through traffic.  No one opposed this request.

(P 88-225)

 

The meeting adjourned at 7:50 p.m.