PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, AUGUST 2, 1983
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, AUGUST 2, 1983, 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 SYDNEY R. FONNESBECK IONE N. DAVIS PALMER DEPAULIS EDWARD W. PARKER.
Council Vice Chairman Edward Parker presided at and Councilmember Sydney R. Fonnesbeck conducted this meeting.
POLICY SESSION
Councilmember Fonnesheck called the meeting to order. Mr. Salt, J. Charles Salt and Associates, explained the purpose of Project: Sandbag and asked the Council’s endorsement of his program to give aid and encouragement to flood victims. Mayor Muir and representatives from Utah Power and Light discussed UP&L’s resolution. Councilmember Whitehead questioned their need for a rate increase for Salt Lake City area. A discussion was held. Craig Peterson, Development Services, briefed the Council on amendments to the Flood Plain Ordinance.
The policy session adjourned at 5:55 p.m.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, AUGUST 2, 1983, AT 6:00 P.M. IN ROOM 301 CITY AND COUNTY BUILDING.
ON ROLL CALL THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: RONALD J. WRITEHEAD ALICE SHEARER SYDNEY R. FONNESBECK IONE N. DAVIS PALMER DEPAULIS EDWARD W. PARKER GRANT MABEY.
Mayor Ted L. Wilson, Albert Haines, CAO, and Ray Montgomery, assistant city attorney, were present at the meeting.
Council Chairman Grant Mabey presided at and Councilmember Sydney R. Fonnesbeck conducted the meeting.
Invocation was given by Police Chaplain Joseph Sanders.
Pledge of Allegiance.
Approval of Minutes:
Councilmember Parker moved and Councilmember Mabey seconded to approve the minutes of the regular meeting of the Salt Lake City Council for the meeting held Tuesday, July 19, 1983, which motion carried, all members voting aye.
(M 83-1)
Special Recognition:
#1. Presentation of Resolution of Appreciation to residents of Canyon Road. Councilmember Fonnesbeck read the proclamation praising the residents of Canyon road for their excellent help and attitude during the recent flooding. Mark Lawrence, a resident of Canyon Road expressed the thanks of the residents and presented a t-shirt to Mayor Wilson. The Mayor, Councilmember Fonnesbeck and Mr. Haines all expressed their appreciation and praised the residents emphasizing the pleasant and always optomistic attitudes apparent during the flood.
Councilmember Shearer moved and Councilmember Parker seconded to approve the Proclamation of Appreciation to residents of Canyon Road, which motion carried all members voting aye.
(G 83-23)
PETITIONS
Petition 400-41 of 1983 submitted by Highland Golf and Equipment.
RE: Petition 400-41 requests that the property at 507 South Redwood Road be rezoned from its present Residential R-6 classification to a Commercial “C-1” classification. This petition was approved by the Council on July 12, 1983. In conjunction with this petition request, the Planning Commission recommended the rezoning of the adjoining corner property from its present “B-3” to “C-1”.
Craig Peterson, Director of Development Services, addressed the Council. He stated that this parcel is on Redwood Road. There is a Circle K which is zoned “B-3”. Highland Golf is requesting a “C-1” zone. Mr. Peterson stated that the concern was whether or not the “B-3” zone was changed to “C-1” also. The Planning Commission recommended that the entire area be zoned “C-1”. There was a question as to whether some Council Members wanted the Circle K to remain “B-3”. Mr. Peterson explained that the setbacks would be the same for both zones in this instance. He stated that the only addition would be that wholesaling and warehousing would be permitted on the Circle K property, which is not permitted at this time.
Councilmember Fonnesbeck asked how the hearing was advertised. Mr. Peterson stated that this was advertised including the “B-3” to “C-1”. He stated that the Council could exclude the “B-3”. Councilmember Shearer asked what kinds of uses would be allowed in “C-1” that are currently not allowed in “B-3” and would those uses be objectionable in any way to the neighborhood; e.g. the wholesaling and warehousing. Mr. Peterson stated that even with these uses there would not be outside storage, and the same setback requirements would apply. Councilmember Shearer asked why the Circle K should be rezoned if Highland Golf was not going to purchase this property and it will not be used for wholesaling or warehousing. Mr. Peterson stated that in terms of planning, along collector roads it would be more appropriate to have “C-1” uses and restrict the “B-3” uses to neighborhood type corners. When this was first zoned it was a neighborhood area, but Redwood Road has now become a major collector road. Councilmember Shearer asked if Planning would now ask that the remaining “R-6” zones be changed along Redwood Road. Mr. Peterson indicated that they would not.
Councilmember Mabey moved and Councilmember Shearer seconded to approve the addition of the corner property adjoining 507 South Redwood Road in Petition 400-41, presently zoned “B-3” and that it be rezoned to include the “C-1” classification, which motion carried, all members voting aye.
(P 83-312)
Petition 400-50 of 1983 submitted by Linda Tracy/Benchmark 2100.
RE: Petitioner is requesting that the property located on the west side of 2100 East and north of 1300 South be rezoned from a Residential “R-2” classification to a Residential “R-3A” classification. Pursuant to the Council’s directive of June 14, 1983, the City Attorney’s Office has prepared and submitted an ordinance providing for the rezoning.
Councilmember Parker moved and Councilmember DePaulis seconded to adopt Ordinance 54 of 1983, amending Section 51-12-2 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to zoning and fixing boundaries of use districts, by rezoning property located on the west side of 2100 East and north of 1300 South from “R-2” to “R-3A” classification, which motion carried all members voting aye.
(P 83-288)
Petition 400-52 of 1983 submitted by Dale Barton and Hardage Enterprise.
RE: Petitioners are requesting a rezoning of the south side of Linden Avenue between 700 and 800 East from a Residential “R-6” to a Commercial “C-1” classification. Pursuant to the Council’s directive of June 14, 1983, the City Attorney’s Office has prepared and submitted an ordinance providing for the rezoning.
Councilmember Parker moved and Councilmember DePaulis seconded to adopt Ordinance 55 of 1983, amending Section 51-12-2 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to zoning and fixing boundaries of use districts, by rezoning property located on the south side of Linden Avenue between 700 East and 800 East from “R-6” to “C-1” classification, which motion carried all members voting aye.
(P 83-289)
DEPARTMENTAL BUSINESS
CITY COUNCIL
#1. RE: Consider and adopt a resolution repealing Section 9(c)(1) of the Second Amended Labor Bargaining Resolution, dated December 7, 1978. Councilmember Fonnesbeck referred the resolution repealing Section 9(c)(1) of the Second Amended Labor Bargaining Resolution, dated December 7, 1978 to the Committee of the Whole, without objection.
(R 83-16)
DEVELOPMENT SERVICES
#1. RE: Ordinance amendment - Planning Commission quorum requirement.
RECOMMENDATION: That Section 51-29-7 of the Revised Ordinances of Salt Lake City, Utah, be amended reducing the number of voting members of the Planning Commission required for a quorum from seven to six.
DISCUSSION: Because Planning Commission members have other important responsibilities in connection with their permanent employment and other civic duties which sometimes conflict with regularly scheduled Commission meetings and cause members to miss such meetings or to attend only a portion of a meeting, it has occasionally been impossible to convene a quorum to conduct the official business of the Commission. Therefore, the Commission has requested that the number of its voting members required for a quorum be reduced from seven (64% of its voting members) to six (55% of its voting members).
Councilmember Parker moved and Councilmember DePaulis seconded to adopt Ordinance 56 of 1983 amending Section 51-29-7 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to Planning Commission Quorum, which motion carried all members voting aye.
(O 83-34)
FINANCE & ADMINISTRATIVE SERVICES
#1. RE: Consider and approve a resolution expressing the intent of the Salt Lake City Council to issue Industrial Development Revenue Bonds in an aggregate principal amount of up to $7,000,000 and loan the proceeds thereof to DMS, Ltd., a Utah Limited Partnership, to assist DMS, Ltd. in financing the purchase of DMS, Ltd. of up to approximately 16 acres of real property and the construction theron of one or more buildings containing up to approximately 340,000 square feet to be leased to Certified Warehouse and Transfer Company, a Utah Corporation, to be used as a warehousing facility, and authorizing the execution of a memorandum of agreement between DMS, Ltd. and Salt Lake City in connection therewith.
Councilmember Fonnesbeck referred the resolution expressing the intent of the Salt Lake City Council to issue Industrial Development Revenue Bonds in aggregate principal amount of up to $7,000,000 and the memorandum of agreement between DMS, Ltd. and Salt Lake City in connection therewith, without objection to the Consent Agenda for August 9, 1983.
(Q 82-1)
#2. RE: Interlocal agreement with Salt Lake County for the City-County Building Restoration Survey.
RECOMMENDATION: That the Council approve the interlocal agreement.
DISCUSSION: Representatives of Salt Lake County have requested that Salt Lake City Corporation be the sole contract administrator for the agreement between Salt Lake City and County and the architectural consultants, Dean L. Gustavson Associates and the Ehrenkrantz Group. It is intended that better control of the contract will be exercised through one government agency. The contract has been approved as to form by both Salt Lake City and County attorneys and no additional funding is required.
Councilmember Parker moved and Councilmember DePaulis seconded to adopt Resolution 73 of 1983 authorizing Mayor Wilson to sign an interlocal agreement with Salt Lake County for the City/County Building Restoration Survey, which motion carried all members voting aye.
(C 83-224)
OFFICE OF THE MAYOR
#1. RE: Central Business Improvement District Advisory Board.
DISCUSSION: Ronald Carnago resigned from the Central Business Improvement District Advisory Board, and the terms of Fred Wheeler and Clinton Mott have expired. It is recommended that Wayne Hadley be appointed to fill the unexpired term of Ronald Carnago, and that Fred Wheeler and Clinton Mott each be reappointed to another term. The financial disclosure statements for Fred Wheeler, Clinton Mott and Wayne Hadley are on file in the City Recorder’s Office. Councilmember Fonnesbeck referred the appointment of Wayne Hadley and the reappointments of Fred Wheeler and Clinton Mott to the Consent Agenda for August 9, 1983, without objection.
(T 82-8)
#2. RE: Sugar House Park Authority.
DISCUSSION: The term of Mr. Ray Free on the Sugar House Park Authority expired some time ago. It is recommended that he be reappointed to another full term. Mr. Free’s financial disclosure statement is on file in the City Recorder’s Office.
Councilmember Parker moved and Councilmember DePaulis seconded to approve the reappointment of Mr. Ray Free to the Sugar House Park Authority, which motion carried all members voting aye.
(I 83-14))
#3. RE: Salt Lake City Public Library Board.
DISCUSSION: The first terms of Joyce L. Christiansen and James F. Butler on the Library Board expired June 30, 1983. It recommended that both be reappointed to the Library Board to fill second terms which will expire on June 30, 1986. The second term of Richard L. Goode expired on June 30, 1983. Since he is not qualified for reappointment, it is my recommendation that James A. Giauque be appointed as his replacement on the Library Board. Mr. Giauque is on the audit staff of Coopers and Lybrand and has the necessary financial background that will be needed on the Board as Mr. Goode is replaced.
John R. Grantham resigned from the Library Board effective May 1, 1983. It is recommended that Boyer Jarvis be appointed to fill the remainder of his term. Mr. Jarvis is Vice President of Academic Affairs at the University of Utah and served on the Library Board from 1976 to 1982 as a particularly committed member, willing to invest substantial time in the interests of the library. The library is at a critical phase in its development campaign, and needs a working member with a solid background in library development.
Councilmember Fonnesbeck referred the appointments of James A. Giauque and Boyer Jarvis and the reappointments of Joyce L. Christiansen and James F. Butler to the Salt Lake City Library Board to the Consent Agenda for August 9, 1983, without objection.
(I 83-15)
DISCUSSION: The terms of Herman Franks and Jimmy Brown on the Golf Advisory Board have expired. It is recommended that each of them be reappointed to another full term. Both of their financial disclosure statements are on file in the City Recorder’s Office. Councilmember Fonnesbeck referred the reappointments of Herman Franks and Jimmy Brown to the Golf Advisory Board to the Consent Agenda for August 9, 1983, without objection.
(I 83-16)
#5. RE: Housing Advisory and Appeals Board.
DISCUSSION: A vacancy presently exists on the Housing Advisory and Appeals Board because of the resignation of Estella Blewett. It is recommended that Mr. Joe Smit be appointed to fill this vacancy. Councilmember Fonnesbeck referred the appointment of Mr. Joe Smit to the Housing Advisory and Appeals Board to the Consent Agenda for August 9, 1983, without objection.
(I 83-17)
#6. RE: Board of Examiners and Appeals.
DISCUSSION: There are presently three vacancies on the Board of Examiners and Appeals. It is recommended that Bob Springmeyer, Sr., Steve Smith, and Rex Loker be appointed to fill these vacancies. Councilmember Fonnesbeck referred the appointments of Bob Srpingmeyer, Sr., Steve Smith, and Rex Loker to the Board of Examiners and Appeals to the Consent Agenda for August 9, 1983, without objection.
(I 83-18)
PUBLIC WORKS
#1. RE: Bid opening for 1300 South from 700 East to 1300 East, Project No. 38-686, and Special Improvement District Project No. 38-723 on various non-contiguous streets.
RECOMMENDATION: That bids for the subject projects be opened by the Salt Lake City Council at 6:00 p.m. on August 2, 1983.
AVAILABILITY OF FUNDS: Notice of Intent to create a Special Improvement District for these projects have received prior approval by the City Council. Funds have been budgeted in the 1983/84 Capital Improvement budget for these projects. For Project 38-686 bids were received from Geneva Rock Products, Gibbons & Reed Co., Workman Construction Co., and Z. P. Smith, Inc. Mr. Haines opened and read the bids. For Project 38-723 bids were received from Geneva Rock Products, King Con, Inc., Workman Construction Co., and Z. P. Smith, Inc. Mr. Haines opened and read the bids. Bid bonds and related information are on file in the City Recorder’s Office.
Councilmember Shearer moved and Councilmember Whitehead seconded to refer the construction bids for Special Improvement District No. 38-686 (1300 South from 700 East to 1300 East) and Special Improvement District No. 38-723 (various non-contiguous streets) to the City Engineer for tabulation, which motion carried all members voting aye.
(Q 82-32) & (Q 82-35)
PUBLIC HEARINGS
Modification of Floodplain Hazard Regulations.
RE: A public hearing was scheduled before the City Council at 6:15 p.m. to consider and adopt an ordinance amending Section 47-8-9 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to Floodplain Hazard Regulations. Craig Peterson, Director of Development Services, addressed the Council. He stated that in the spring of 1979 he was part of the delegation to appear before the Federal Emergency Management Agency arguing that the City would never experience the 100 year flood and the restrictions placed by FEMA were far too restrictive in terms of new development within the City. Fortunately, four years later during the flood we were vindicated by our arguments before FEMA, that there would be little or no damage to the City through a hundred year flood. He stated that City Creek waters were more like a millennial flood. It was like nothing before on record and exceeds the 100 year flood by the latest statistics. The preliminary damage estimate figures for the flood this spring show that 1/1000th of 1% of the structures in Salt Lake City sustained any structural damage from the flood. That is a total of 85 structures. Mr. Peterson indicated on a map the areas of the greatest damage experience during the flood in terms of private property. The strategy of the Mayor and Mr. Haines to do all possible to protect private property was successful and were vindicated in reducing the floodplain within Salt Lake City after a flood year. Mr. Peterson felt that this was a substantial victory for the City. Mr. Peterson reviewed the areas where structural damage occurred:
Guadalupe area 8 structures; Fairgrounds 12 structures; Lucy/Paxton area 39 structures; Sugarhouse area 5 structures; Lincoln/Harvard area 12 structures; misc. throughout City 8 structures. This list does not include damage from ground water, but actual flooding. Lane Nielson, City Environmental Planner, addressed the Council to explain the reduction in the flood plain and what that means in terms of stimulating development on the west side of the City.
Mr. Nielson stated that Salt Lake City is a participant in the National Flood Insurance Program administered through FEMA. The City has been involved in the program since mid-1970’s. He stated that there are two phases in which a City enters the program: 1, the emergency phase, and 2, the regular phase. He stated that standard procedure is for a City to enter in the emergency phase, which Salt Lake City is in presently.
The emergency phase required the City to use best available information to identify an approved floodplain area and in conjunction with that area adopt some minimum floodplain management standards governing development. In 1980 Salt Lake City adopted its Floodplain Hazard Regulations (included as chapter 8 of the Site Development Regulations).
Since the adoption of those regulations, FEMA has contracted with Rawlins, Brown and Gunnell to reassess and analyze the floodplain relating to levy construction, County Flood Control detention facilities, and the latest hydrologic techniques to remap the floodplain. He stated that this report has been completed and is entitled the “Flood Insurance Study”, dated 2/1/83.
Mr. Nielson stated that as a result of the Flood Insurance Study, the 100 year floodplain for the City has been redefined. He pointed out the existing and new floodplain boundaries on a map. He stated that the new Flood Insurance Rate Maps designate not only the boundaries of the flood, but also expected elevations of the flood.
Mr. Nielson indicated that for the City to be in compliance with the regular phase of the program the Council would need to adopt the Flood Insurance Study and the Flood Insurance Rate Maps that resulted from that study indicating the reduced floodplain area where floodplain management standards are required to be in effect. In addition, regular phase floodplain management standards require that the City adopt a few minor changes to its present standards as well. When the City enacted the existing regulations they were in response to the emergency phase requirements, and in almost every way the City exceeded what was required as a minimum standard for the emergency phase and were almost in compliance with regular phase standards.
However, the existing ordinance requires any floor of a residential structure, if habitable, to be elevated above the base flood level. This apparently means storage or mechanical areas could be built below the base flood level. For the regular phase standards this clause is not acceptable, but should state that all floors have to be above the base flood level in a residential structure.
Mr. Nielson stated that when the City enters the regular phase of the program, any new construction within the floodplain areas are required to take Out flood insurance - but not at the subsidized rate that existing structures are assessed, but actual flooding risk. Therefore if a floor is below base flood level the rates will be high. Councilmember Whitehead indicated that the agenda referred to amending Section 47-8-9, and it actually should be amending Section 47-8-1 through 47-8-9.
Councilmember Parker moved and Councilmember Mabey seconded to close the hearing, which motion carried all members voting aye.
Councilmember Whitehead moved and Councilmember Mabey seconded to adopt Ordinance 53 of 1983, amending Sections 47-8-1 through 47-8-9 of the Floodplain Hazard Regulations, which motion carried all members voting aye.
(O 83-35)
The meeting adjourned at 7:10 p.m.