PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, AUGUST 14, 1984
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, AUGUST 14, 1984, AT 5:00 P.M. IN ROOM 211 CITY AND COUNTY BUILDING.
ON ROLL CALL THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: RONALD J. WHITEHEAD ALICE SHEARER GRANT MABEY IONE M. DAVIS EARL F. HARDWICK EDWARD W. PARKER.
Councilmember Fonnesbeck was absent from this meeting.
Council Chairperson Ronald Whitehead presided at the meeting.
POLICY SESSION
Councilmember Parker briefed the Council on recent SLACC meetings. He said that the group feels that there are too many “corrections centers” in the Salt Lake area.
Lou Lynes, city animal control director, briefed the Council on an interlocal agreement between Salt Lake City and Salt Lake County for a Humane Education program. Max Petersen, city engineer, briefed the Council on the status of area 40-R-6. Mayor Ted Wilson briefed the Council on the proposed Little Dell Dam project. He said that it would benefit the City to build the dam without federal funds and thus, be free to administrate it on a local level. He said that the benefits of a good water source in dry years and a runoff facility in flood years, will easily offset the cost of constructing the dam. He added that the dam could be maintained by existing city personnel and that it was a potential hydro-power source.
Councilmember Shearer asked the Mayor what the county was contributing to the project and also to confirm that the two mill levy increase recently imposed by the Metropolitan Water District would help cover the Water District’s portion of the Little Dell project. The Council then asked the mayor to report back to the Council with confirmation on both items. The Council then agreed to consider a resolution of support for the project sometime in September. The Council discussed the status of Dresden Place.
The policy session adjourned at 5:55 p.m.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, AUGUST 14, 1984, AT 6:00 P.M. IN ROOM 301 CITY AND COUNTY BUILDING.
ON ROLL CALL THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: RONALD J. WHITEHEAD ALICE SHEARER GRANT MABEY IONE M. DAVIS EARL F. HARDWICK EDWARD W. PARKER.
Councilmember Sydney Fonnesbeck was absent from the meeting. Mayor Ted L. Wilson, Albert Haines, Chief Administrative Officer and Walter Miller, assistant city attorney, were present at the meeting.
Council Chairperson Ronald Whitehead presided at this meeting and Councilmember lone Davis conducted the meeting.
Invocation was given by Police Chaplain Robert Hyden.
Pledge of Allegiance.
Approval of Minutes
Councilmember Parker moved and Councilmember Shearer seconded to approve the minutes of the Salt Lake City Council for the regular meeting held Tuesday, August 7, 1984, and the meeting held Thursday, August 9, 1984, which motion carried, all members present voting aye.
(M 84-1)
SPECIAL RECOGNITION
Grady Franklin Maples, regional administrator for Housing and Urban Development, presented awards to Mayor Wilson, Councilmember Shearer, Public Works Director Palmer DePaulis, Steve Bruno of Sundance Solar Homes, and Nancy Earl of Central City Community Council for their participation in the Sundance Solar Homes project under the National Recognition Program for Community Development Partnerships.
PETITIONS
Petition 400-191 of 1984 submitted by Lancom, Inc.
RE: Requesting (1) approval for the relocation of the Salt Lake and Jordan Canal, (2) transfer to Vantage Corporation Salt Lake City’s interest in Parcel 34, and (3) vacation of Dresden Place.
Allen Johnson, planning and zoning, recommended tentative approval to the items requested in this petition and that the various departments be directed to begin preparing the proper paperwork. He said final approval should be held for Council’s review of the developer’s plan. He said that there are so many variables that the design for the project has not been completed, therefore, with tentative approval the developer could finish the plans for Council’s approval.
Mr. Johnson said that the Planning Commission recommended that Dresden Place be a private street and the developer enter into a right of way agreement with the property owner to provide access and trash removal. If they cannot come to an agreement, then the Planning Commission recommends this be a dedicated street and the developer install curb, gutter, sidewalk and street pavement as per city engineering requirements. Mr. Johnson indicated that there are conditions subsequent that have been set forth by the Planning Commission and various departments that should he met prior to final approval (letters detailing the conditions are on file in the City Recorder’s Office).
Councilmember Mabey moved and Councilmember Parker seconded to approve Petition 400-191 of 1984 subject to conditions contained in letters from various departments as stipulated by Mr. Johnson, which motion carried, all members present voting aye.
(P 84-44)
DEPARTMENTAL BUSINESS
DEVELOPMENT SERVICES
#1. RE: Set a date for a public hearing on Tuesday, September 11, 1984 at 6:30 p.m. to discuss the Sugar House Master Plan.
Councilmember Whitehead moved and Councilmember Mabey seconded to set a date for a public hearing on Tuesday, September 11, 1984 at 6:30 p.m. to discuss the Sugar House Master Plan, which motion carried, all members present voting aye.
(T 84-22)
HOUSING AUTHORITY
#1. RE: Consider a resolution approving the issuance and sale by the Housing Authority of Salt Lake City of the Authority’s Multifamily Housing Revenue Bonds in an aggregate principal amount not to exceed $7,000,000 to finance the acquisition and construction of a multifamily rental housing project to be owned by a joint venture comprised of Western Devcor, an Arizona corporation, and Ponderosa Construction Inc., a Nevada corporation, or their designee.
Councilmember Whitehead moved and Councilmember Mabey seconded to set a date for a public hearing on Tuesday, September 4, 1984 at 6:00 p.m. to discuss the issuance and sale of the Housing Authority’s Multifamily Housing Revenue Bonds, which motion carried, all members present voting aye.
(Q 84-15)
OFFICE OF THE MAYOR
#1. Consider and adopt a resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City Corporation and Salt Lake County consolidating the education and informational program of their respective animal services organizations under the responsibility of the County Animal Services Division, and consider and adopt a motion transferring $24,241 from the General Fund Contingency to the Animal Control Division to fund the educational and informational program.
Councilmember Mabey moved and Councilmember Whitehead seconded to adopt Resolution 85 of 1984, approving the interlocal agreement, which motion carried, all members present voting aye.
Councilmember Shearer moved and Councilmember Parker seconded to transfer $24,241 from the general fund contingency to Finance and Administration, which motion carried, all members present voting aye.
(C 84-361)
PUBLIC WORKS
#1. RE: Consider and adopt a resolution awarding the bid to Rapp Construction Inc. for construction of improvements in Salt Lake City, Utah, Concrete Replacement Special Improvement District No. 40-R-6, providing for modifications of the specification, for issuance of interim warrants and for the addition of the interest thereon to assessable costs.
Albert Haines, chief administrative officer, said that bids were opened on July 17, 1984. Engineering had reviewed the bids and recommended awarding the contract to Rapp Construction, low bidder. He said that there will be some redesign on the project.
Councilmember Shearer moved and Councilmember Mabey seconded to adopt Resolution 86 of 1984 awarding the construction contract to Rapp Construction Inc. for improvements in Special Improvement District No. 40-R-6, which motion carried, all members present voting aye.
(Q 84-5)
PUBLIC HEARINGS
Industrial Revenue Bond
RE: Industrial Revenue Bonds for Hazel Investment Company. A public hearing was held at 6:10 p.m. to discuss this Industrial Revenue Bond. No one was present to address this issue.
Councilmember Shearer moved and Councilmember Whitehead seconded to close the public hearing, which motion carried, all members present voting aye.
Councilmember Shearer moved and Councilmember Parker seconded to adopt Resolution 83 of 1984 providing for the financing by Salt Lake City, Utah, of a project consisting of a warehouse/office facility to be located at 1657 South 700 West, equipment, furnishings and related property and improvements in order that Hazel Investment Company, may be provided with facilities to promote the general welfare and encourage the increase of industry and commerce; authorizing and providing for the issuance by Salt Lake City, Utah of $1,000,000 of its Industrial Development Revenue Bonds, Series 1984 (Hazel Investment Company Project) which will be payable solely from the revenues arising from the pledge of a loan agreement with Hazel Investment Company; authorizing the execution and delivery of a loan agreement between Salt lake City, Utah and Hazel Investment Company; providing for the acquisition, financing, and construction of said project; authorizing the execution and delivery of an indenture of trust and a contract of purchase; confirming the sale of said bonds to the purchaser thereof; and related matters, which motion carried, all members present voting aye.
(Q 84-12)
Petition 400-142 of 1983 submitted by McIntyre Investors.
RE: Appeal of the Planning Commission’s denial of McIntyre Investors request to vacate Elizabeth Street running north 302 feet from Wilmington Avenue.
A public hearing was held at 6:15 p.m. to discuss this petition. Allen Johnson of planning and zoning gave an overview of the request. He said that the Planning Commission and various other city departments recommended denial of this petition. The primary reason for denial is due to the fact that the Sugarhouse Master Plan is being presented to the Council for adoption. Mr. Johnson said that part of the master plan addresses this type of situation and read the following excerpt from the master plan “this plan recognizes that the existing street pattern does not adequately provide the optimal development opportunities in the mixed use area, therefor city engineering and planning departments should prepare an official street map for the Sugarhouse Business District designing the right of ways for future streets. New development should be precluded within these designated rights of ways. Salt Lake City should retain ownership of all property it currently owns in the Sugarhouse Business District, including streets, alleys, and parcels until such time as comprehensive development plans are to be implemented.”
Robert Yeates, managing partner for McIntyre Investors and John Heaton, attorney for McIntyre, gave some background on the petition. They explained that McIntyre had attained the property adjacent to Elizabeth Street and want the street vacated in order to maintain and improve the property. They still wanted to use it as ingress/egress to their property. They indicated that there are no plans for building or construction on the street, just improvement to make a proper entrance. They do have plans to build on the property adjacent.
Councilmember Shearer indicated that it is policy to sell streets and asked if the developer could draw up their plans and trade property with the city in order to relocate the street. Mr. Heaton said they would be willing to work something out, however, they have time limits. Councilmember Whitehead was concerned that this is the only access to city property (Parley’s Creek). Mr. Heaton indicated that they could provide an easement to the city for access. Gene Davis, Sugarhouse Community Council, Ranae Pierce, extension services for the public library, and B. T. Price indicated their opposition to the request. Mr. Davis said that it would not be in the best interest of the master plan. He requested that parking be stipulated for the public buildings if the petition is approved. Ms. Pierce was also concerned about parking for the library.
Councilmember Parker moved and Councilmember Whitehead seconded to close the public hearing which motion carried, all members present voting aye, except Councilmember Shearer who was absent at the time of the vote.
Councilmember Parker moved and Councilmember Hardwick seconded to table the decision until September 18, 1984, at which time the Sugarhouse Master Plan will be considered, which motion carried, all members present voting aye except Councilmember Shearer who was absent at the time of the vote.
(P 84-42)
Industrial Revenue Bond
RE: Industrial Revenue Bonds for Duplex Products, Inc.
A public hearing was held at 6:40 p.m. to discuss this Industrial Revenue Bond. Lance Bateman, controller, said that the request is for $10 million, however, Duplex will probably need only $6 million. The memorandum agreement will indicate the $10 million limit. Don Allen, bond counsel for Duplex, said that the plans and costs have not been finalized, but requested the $10 million limit. He said that Duplex will add to Salt Lake City Tax rolls and employment. No one from the audience addressed this issue.
Councilmember Whitehead moved and Councilmember Mabey seconded to close the public hearing, which motion carried, all members present voting aye, except Councilmember Shearer who was absent at the time of the vote.
Councilmember Mabey moved and Councilmember Whitehead seconded to adopt Resolution 84 of 1984 issuing Industrial Revenue Bonds to finance a project under the Utah Industrial Facilities Development Act and authorizing the execution of a memorandum of agreement by and between Salt Lake City, Utah and Duplex Products, Inc., in the amount of $10 million for the location of a business forms plant in Centennial Park at approximately 1730 South 4490 West, which motion carried, all members present voting aye, except Councilmember Shearer who was absent at the time of the vote.
(Q 84-14)
Special Improvement District 38-763
RE: Consider protests in connection with the improvements or creation of Special Improvement District 38-763, which includes westside streets and interchanges.
A public hearing was held at 6:45 p.m. to consider protests in connection with this Special Improvement District. Mr. Haines indicated that this was a continuation of the protest hearing held May 8, 1984. He said at the initial public hearing there were two major issues raised: 1) size and extent of the boundary, and 2) stipulations imposed on Salt Lake City by federal and state governments pertaining to funding commitment for the interchange and overpass requirements on Indiana Avenue at 400 and 500 South. Mr. Haines said that after meeting with representatives of state and federal government they determined that if Salt Lake City includes in the master plan the proper street widths on 400 and 500 South and Indiana they would not require those streets to be improved at the same time.
They indicated that it is policy that there must be local commitment for the interchange since there is not a broad benefit. They are willing to commit $8 million of the $9 million required for the interchange. Unless there is a commitment made by September, then the funding for this interchange will be dropped. Mr. Haines said the boundaries were set by the city determined by road mile access to other interchanges. We have determined that the boundary as originally submitted is defensible and justifiable for bonding.
To adjust the boundary could create some very serious problems. He said that rather than change the boundary size, based on Council approval, there is an appropriation of $200,000 available in Capitol Improvements Budget for a “city share” of the $1 million. Therefor, the per acre assessment for the district has been reduced from $1 million to $800,000. Richard Johnston, city engineering, passed out a new protest tabulation for rate #3, interchange assessment, which is now 36.7%.
The following property owners withdrew their protests: Robert Miller, 1952 West 1500 South, Dean Shelledy, Excel Investment, owner of various properties, Martin Peterson, Pioneer Square, 2260 W. Custer Road.
The following property owners protested and felt that the boundary for the district is too small: Wayne Freckleton, owner of various properties, Steven Lee, Eaton Metals, 14 acres at 900 South and Indiana Avenue, John Margetts, 615 Industrial Road & 220 Fortuna, George Dawson, 1124 South Redwood Road, John Russon, 2150 Indiana Avenue.
Councilmember Whitehead moved and Councilmember Mabey seconded to close the public hearing and refer the protests regarding Special Improvement District 38-763 to the city engineer for tabulation, which motion carried, all members present voting aye, except Councilmember Shearer who was absent at the time of the vote.
(Q 84-6)
Newsracks on public streets
RE: An ordinance amending Chapter 20 and Chapter 29 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to the location of newsracks on the public streets.
A public hearing was held at 7:15 p.m. to discuss this ordinance. Allen Johnson, planning and zoning, explained that the Planning Commission has been working with the city attorney’s office on revising the existing ordinance governing newsracks on public streets. The Planning Commission feels the proposed ordinance will solve the growing problem of unregulated newsracks on the city streets. They recommend adoption to provide for proper growth, preserve the primary intention of the streets and sidewalks for the movement of people and vehicles, to control the placement and maintenance of newsracks which may unreasonably interfere with the public’s right to a safe and unrestricted passage and to promote the aesthetically pleasing and functional design of the streets and sidewalks within the Central Business District and within an expanded Central Business District.
Judy Lever, assistant city attorney, explained some details of the proposed ordinance, and said that the Planning Commission wanted a more uniform streetscape. She said that the primary concern in the ordinance is safety. She said that there is also a concern about saturation, therefor, the ordinance limits three racks per approved location. Councilmember Davis asked how it would be determined who would get which newsracks. Ms. Lever explained the process in the Central Business District. She said that there is a possibility of 48 newsrack spaces on the public way. Those who have existing racks will be given first priority in the transition. After the transition period the system will be first priority to daily publications of general circulation, seconded priority to publications of at least five times per week which are not of general circulation, and third priority to weekly publications.
Ms. Lever explained that the ordinance requires the newsracks to be registered and there will be a $5 administrative fee. Mr. Johnson said that this will not mean an increase in planning staff because building and housing has two zoning enforcement officers to insure that the newsracks are registered. Edward McDonough, attorney for the Newspaper Agency Corporation, and Steve Kyle, Wall Street Journal, indicated their opposition to the ordinance and felt the registration was in violation of the first amendment. They both indicated that the registration fee was not the problem, but the registration process. They felt this would prohibit smaller publications and the companies could best police themselves.
Councilmember Whitehead moved and Councilmember Mabey seconded to close the public hearing, which motion carried, all members present voting aye.
Councilmember Whitehead moved and Councilmember Mabey seconded to refer the ordinance relating to newsracks to committee of the whole for Thursday, September 6, 1984, which motion carried, all members present voting aye.
(O 84-19)
Petition 400-193 of 1984 submitted by Jack Jensen.
RE: Requesting that property located at 976 South 200 East, known as the Pioneer Trailer Park, be rezoned from its present “R-6” classification to a “C-3A” classification.
A public hearing was held at 7:45 p.m. to discuss this petition. Allen Johnson, planning and zoning, explained the request and said that by a split vote the Planning Commission recommendation was to retain the “R-6” classification for 125 foot frontage and rezone the remainder to “C-1” classification, which would be more compatible to the area. Mr. Johnson said that the minority position of the Planning Commission was that the area remain residential “R-6” because the petitioner was not requesting all the trailer court in the area be removed.
Three members of the Planning Commission felt that if it is the intent to take out this non-conforming use and put in commercial uses, then all of the trailer court should be addressed. Mr. Johnson said that the petitioner requested this because the area is rundown, however, the Planning Commission felt the area was not in very bad condition. Mr. Johnson said that trailer courts are a non-conforming use in a zone, and the Planning Commission majority felt that a zoning change to some other commercial use would probably be more appropriate. The minority position was that the warehouse facilities planned are possibly more offensive than the trailers and felt that the trailers were meeting a valid need in Salt Lake City for low and middle income housing.
The minority was also concerned about the impact of a zoning change on the residents of the trailer courts, especially since trailer courts have a zero vacancy rate. Ann Gailbraithe, Mobile Homeowners Co-op Foundation president, Noel Payne, resident and representing South Central Community Council, JoAnn Rivas, neighbor, Bernice Cook and Caesar Augustine, all addressed the Council in opposition to the rezoning request. They indicated that the residents of the trailer court were not notified prior to the Planning Commission hearing as required by state law. They felt that a zoning change would be evicting people, most handicapped and elderly, from their own homes causing them to loose equity and relocate to less convenient areas if they can find trailer courts with vacancies.
Relocation costs can be tremendous for mobile homes, especially for low income persons. They also felt that there is enough commercial zoning in the area and the residential should be preserved. Mr. Payne also submitted a petition signed by 196 residents of the area opposing the rezoning. Mel Salsbury, owner of Kings Rest Motel and trailer court, said that it is not cost effective to update these old trailer parks and did not feel other people should tell the owner of the property how to use it.
Councilmember Whitehead moved and Councilmember Parker seconded to close the public hearing, which motion carried, all members present voting aye. Councilmember Whitehead felt that if property has become rundown, it should not always be rezoned because it is easier than clean up.
Councilmember Whitehead moved and Councilmember Mabey seconded to deny the request to rezone, which motion carried, all members present voting aye.
(P 84-46)
Fireworks
RE: A resolution requesting the repeal of the 1983 State Fireworks Act by the Utah State Legislature.
A public hearing was held at 8:15 p.m. to obtain public comment concerning this matter. Councilmember Whitehead asked for more information on the statistical report which indicated 38 fires in 1981, 33 fires in 1982, 61 fires in 1983 and 32 fires in 1984. He felt that this did not show that there was a severe problem. Deputy Fire Chief Mary Kimball said that in 1980 there was no apparent fireworks problem. He said in 1981 the state attorney general determined that the state fireworks law could be interpreted by each jurisdiction. Sandy City and some other cities then legalized specific types of fireworks. This meant that fireworks were being sold in cities adjacent to Salt Lake City.
In 1983 the legislature then legalized some Class C fireworks throughout the state which caused more problems. He felt that the statistics were probably due to the wet season this year. He still felt that there was a very real problem. Mr. Kimball said that statistics should be compared prior to 1980, when fireworks were not allowed in the state. Councilmember Shearer felt that it does not make any difference what type of fireworks they are, but if they spin around or go off the ground they cause fires and are dangerous in close residential or flammable areas.
Fire Chief Pederson said that on July 4, 1984, the fire department was taxed in that all units were tied up from 3:00 p.m. until 2:00 a.m. July 5, 1984 because of fireworks. He said that fortunately it was a wet year so there was no dry grass to burn. There were no other units available for other emergencies. A majority of states are now passing laws banning fireworks and he feels that Salt Lake City should have the right to set its own restrictions. Councilmember Whitehead said that it would be a problem to enforce the law if surrounding cities still sell fireworks. Chief Pederson said that he hopes that the Council will endorse the lobby asking the legislature to review the fireworks law. Kevin Brueckner and Ike James Wong of Lantis Fireworks Company and Keith Matthews of Galaxy Distributing indicated that they were opposed to the resolution. They said that most injuries and fires were caused by illegal fireworks purchased in other states and felt the type of fireworks they sell should still be allowed. They felt public education would be a better solution. Dave Penman, Salt Lake resident, also said education would be the best solution.
John Blundell, West Valley Fire Department, and Dave Pingree, State Fire Marshall's Office, indicated that there is a definite problem relative to fireworks and requested that the Council adopt the resolution requesting the state legislature to look at the present law and make some changes. Mr. Pingree suggested the follow changes: 1) clarify definitions, 2) indicate positive deterents for illegal sales or possession, 3) regulate public displays, and 4) appropriate funding for enforcement.
Councilmember Parker moved and Councilmember Shearer seconded to close the public hearing, which motion carried, all members present voting aye.
Councilmember Whitehead moved and Councilmember Hardwick seconded to correct the figures in paragraph #3, delete paragraphs #4 and #5, and amend the resolution to read “review” rather than “repeal” and also request the Mayor to address the legislature with concerns in the state law and adopt Resolution 87 of 1984, as amended, requesting a review of the 1983 State Fireworks Act by the Utah State Legislature, which motion carried, all members present voting aye.
(R 84-10)
The meeting adjourned at 10:55 p.m.