The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, August 4, 1998, at 5:30 p.m. in Room 315, City Council Chambers, City County Building, 451 South State.
The following Council Members were present:
Carlton Christensen Deeda Seed Tom Rogan
Joanne Milner Roger Thompson Bryce Jolley
Keith Christensen
Mayor Deedee Corradini; Roger Cutler, City Attorney; Cindy Gust-Jenson, Executive Council Director; and Beverly Jones, Deputy City Recorder were present.
Councilmember Jolley presided at and conducted the meeting.
#1. The Council led the Pledge of Allegiance.
#2. Councilmember Thompson moved and Councilmember Seed seconded to approve the minutes of the Salt Lake City Council meeting held July 14, 1998, which motion carried, all members voted aye.
(M 98-1)
QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL
Councilmember Seed said she was concerned about recent action taken by the Police Administration regarding a personnel matter. She asked if it was appropriate for the Department to release personnel files. She said she understood that based on an opinion from the City Attorney's Office that the department was within its legal rights to release the file. She said the Police Administration had engaged in conversation with the news media over a personnel issue which also involved the Police Union. She said a more professional standard needed to be set. She asked Mayor Corradini what steps had been taken to address this issue. Mayor Corradini said she would get back to Councilmember Seed.
Councilmember C. Christensen said he had participated in the Days of 47 Parade. He said he had noticed a number of floats from other cities. He said there was not a float from Salt Lake City. He said with the 24th of July being the commemoration of the pioneers coming and the founding and organization of the City, perhaps some consideration should be given to Salt Lake City having a float in the parade. Mayor Corradini said this was also a concern with her. She said this issue needed to be discussed further.
CITIZEN COMMENTS TO THE CITY COUNCIL (ON ANY ITEM NOT SCHEDULED FOR A PUBLIC HEARING, AS WELL AS ON ANY OTHER CITY BUSINESS).
Bob Fisher, 2172 Hannibal Street, said the City was putting a six foot diameter pipe down 1700 East which would allow polluted water to run into Parley's Creek. He said the polluted water would then run through Sugarhouse Park, into Hidden Hollow and down into other areas. He said this pollution was uncalled for. He said no one was taking any interest in this issue.
Tony Weller, 972 Princeton Avenue, gave the Council an update on the hardships which Sam Weller's Book Store had experienced as a result of light rail construction. He said they were grateful for the help which had been offered, but he said the help had been inadequate. He said no word had been received from the City or Utah Transit Authority (UTA) on the Governmental Immunity Act Notice. He said the 90 day response period would be up in two weeks.
Mr. Weller said from March to May, his book store had lost $80,000. He said he expected that amount to be approximately $150,000 by the time the street was reopened. He said in one week's time, their store had gone without telephones, had water pouring into the basement and then no water. He said everyone would benefit from light rail. He said there would be reduced traffic congestion and pollution, but there were residents along the construction route who were bearing the heaviest weight of the light rail project. He said he had asked several times and had never gotten an answer about who specifically was responsible for the scheduling decisions of the project.
Omar Mullahkhel, A J's Magazine, 260 South Main Street, said he had borrowed from credit cards and friends to pay his bills. He said he was about to lose his house and his business because he could not make the payments. He said there was no place to park downtown. He said his business had been down 50% since the buses stopped running down Main Street in January. He said now the business was down 65%. He said he had been burglarized twice in 24 days.
Bruce Baird said he represented as legal counsel a number of businesses on the light rail corridor who had been damaged by light rail construction. He said 21/2 months ago he submitted a Governmental Immunity Act Claim to the City and UTA on behalf of those businesses. He said the 90 day period expired in approximately two weeks. He said City Administration and UTA could recognize that businesses whose personal individual interests had been sacrificed for the general good of everyone should be compensated. He said the Administration could send the businesses a letter telling them why the City was not going to pay them, or the Administration could ignore the Governmental Immunity Act notice and not respond. He asked the Council to pass a resolution requiring City Administration to respond to his clients.
Bob Van Wyngaarden, 4624 Creekview Circle, said he was the owner of Murphy's Bar and Grill. He said his business was completely down because there was no accessibility for customers. He said the proposals which the City had come up with were not doing his business any good. He said a lot of his business was through conventioneers. He said the proposed $10,000 loan was not enough. He said companies needed more than $10,000.
Dennis Butler, 1163 East 500 South, said he was the Assistant Manager of Murphy's Bar and Grill. He said he was not only concerned about the impact light rail had Murphy's Bar and Grill, but he was concerned about what would happen during the west/east corridor construction. He said he did not know if he would have access to his home. He said he attended meetings every Thursday which the City held with UTA and the businesses. He said he continually addressed the issues of security in the downtown area. He said their building had been tagged and vandalized 16 times since the construction of light rail started. He said nothing was being done to improve the security issues. He said they continually had disruption to their water service which severely impacted their business and service to their customers. He said he hoped the City would do something about this.
Dean Adams, 1338 South 300 West, Bountiful, Utah, said he owned Master Muffler on 700 South and Main Street. He said several lanes were open on Main Street in his area at this time. He said soon the 600 South off ramp would close, and they would lose more money. He said on 700 South and West Temple no left turn was allowed. He said he wanted someone to tell him what the traffic patterns and the lighting system were going to be for 700 South and Main Street. Councilmember Jolley asked the Administration to get together with Mr. Adams and answer his questions.
Jody Nelson, 829 East 3rd Avenue, said she owned a small business on Main Street called Mechanized. She said they had been in business for seven years. She said there were three partners in her store and one employee. She said none of the partners were getting paid. She said they needed to know what they could count on so they could plan for the future. She said they were hindered by a lack of parking and the inaccessibility of the downtown area.
Shane Straton, 45 North Eaglewood Drive, said he was the General Manager of Easy Auto Sales on 200 West and 900 South. He said on January 23rd, 1998, they were notified that six days later construction would start on 900 South and 200 West. He said over the next eight weeks, they were disrupted with water six times. He said sometimes it would be four or five days before they had water available. He said the last time this happened, construction workers did not take responsibility for the break and his company had to fix the line. He said at times dirt was put in the main entrance of their company and trucks would be parked there. He said one morning they had to move barricades which had been placed in front of their entrance.
He said his dealership used to have approximately 6,000 cars a day drive by the lot. He said that number had dropped to 6 to 12 cars a day. He said before construction he had sold 20 to 25 cars a month. He said during construction that dropped to 12 cars a month and decreased the profit by half.
Councilmember Seed said she was concerned about the construction of light rail and the small businesses. She said it was unacceptable that these things were happening. She said as the City considered continuing light rail in an east/west direction, the City needed to be aware of what had happened with the construction of the north/south line. She said the City needed to work with UDOT because closure of the 600 South off ramp would have a big impact on the businesses in the downtown area.
Councilmember K. Christensen said he agreed with Councilmember Seed. He said there was not a business being impacted by light rail that would not tell the Council they were not having the same problems. He said there had been delays and inconsideration even when disruption could not be helped. He said people's lives were being impacted. He said if the impact to Sam Weller's Book Store was approximately $150,000, the combined impact up and down Main Street was catastrophic to a small business person. He said anything which could be done should be done to expedite completion.
Councilmember Rogan said maybe the Council could identify the concerns which the Administration had in dealing with this type of issue. He said after the concerns were identified, maybe the City could deal with the issues. He said he was concerned about the broader question of how does the small independent business person survive in the competitive urban environment which the City had with national chains moving into the City.
Councilmember Thompson said he hoped the Council would be made aware through the Administration of the action which was being contemplated. He said as the Council looked at new proposals for developments on 400 South or in the Gateway area, the City had to take into account the affect construction projects would have on neighboring businesses. He said hopefully that could be taken into account as part of the cost of overall construction.
Councilmember Milner said a lot of her concerns had been expressed by the rest of the Council. She said the Council had been focusing on the fact that the Administration had not adequately addressed or answered some of the questions and concerns. She said viability was being lost which was vital to the City.
Councilmember C. Christensen said the overall picture looked good. He said good decisions had been made and the City needed to move forward. He said the reality of the construction was that some tough logistical problems had been encountered. He said the City needed to learn from the mistakes and move forward as opposed to turning back.
CONSENT AGENDA
ACTION: Councilmember C. Christensen moved and Councilmember K. Christensen seconded to approve the Consent Agenda, which motion carried, all members voted aye.
#1. RE: Approving the reappointment of John Sittner to the Capital Improvement Program Citizen Board for a term extending through June 4, 2001.
(I 98-1)
Approving the appointment of Robert D. Pascavage to the Capital Improvement Program Citizen Board for a term extending through June 4, 2001.
(I 98-1)
#2. RE: Setting the date of September 1, 1998 at 6:00 p.m. to accept public comment and consider adopting an ordinance rezoning properties located at the southwest corner of the intersection of 200 South and 500 West pursuant to Petition No. 400-98-22.
(P 98-59)
#3. RE: Setting the date of September 8, 1998 at 6:00 p.m. to accept public comment and consider adopting ordinances closing a portion of Goodwin Avenue (approximately 1150 North) between Warm Springs Road and the existing railroad right-of-way, and vacating a portion of the Kinney and Gourlay's Improved City Plat Subdivision pursuant to Petition No. 400-98-01.
(P 98-60)
#4. RE: Adopting a motion approving the following decisions made by the Planning Director:
a) Petition No. 400-97-81, a request by the Kathleen Barlow Trust to amend Lot 5 and portions of Lots 2 and 3 of the Beverly Hills Subdivision, Block 1. This amendment will add to Lot 5 (the Barlow property) two parcels that are located outside the subdivision boundary, and small portions of Lots 2 and 3 to create one large lot located at 2580 South Wilshire Circle. The new lot will exceed the current zoning requirements of the Single-Family Residential R-1/7000 zoning district. Planning Director's Decision: Approve.
(P 98-61)
b) Petition No. 400-98-36, a request by David and Georgia Raymond to amend the Evergreen Park Subdivision, Block 1, located at 935 East Hollywood Avenue. The amendment will create two lots out of one, with both new lots meeting the current zoning requirements of the R-1/5000 zoning district. Planning Director's Decision: Approve.
(P 98-62)
c) Petition No. 400-98-32, a request by Judd Parr of the Salt Lake City Community and Economic Development Division of Housing and Neighborhood Development (HAND) to amend Lots 4-8 and 14-22 of the Seventh South Subdivision located at approximately 700 South and 1000 West. The amendment will create seven residential lots from the original fourteen, with each new lot meeting or exceeding the current zoning requirements of the R1/5000 zoning district. Planning Director's Decision: Approve.
(P 98-63)
NEW BUSINESS
#1. RE: Adopting a resolution authorizing a loan from Salt Lake City's Economic Development Revolving Loan Fund to the Children's Museum of Utah to retain the services of Charles Bentz and Associates, Inc. for six months of capital campaign planning. The loan, at 0% interest, will be repaid from the first $60,000 of funds raised in the Children's Museum capital campaign, or at the expiration of eighteen months, whichever comes first. The City will obtain collateral to secure the loan.
ACTION: Councilmember Seed moved and Councilmember Milner seconded to adopt Resolution 51 of 1998, which motion carried, all members voted aye.
(R 98-6)
UNFINISHED BUSINESS
#1. RE: Adopting a resolution of the Municipal Council of Salt Lake City, Salt Lake County, Utah, authorizing the execution and delivery of a Master Swap Agreement and up to three separate confirmations thereunder with respect to three outstanding series of the City's airport revenue bonds; authorizing the execution and delivery of documents required in connection therewith; and related matters.
ACTION: Councilmember K. Christensen moved and Councilmember Thompson seconded to adopt Resolution 50 of 1998, which motion carried, all members voted aye.
(C 98-505)
PUBLIC HEARINGS
#1. RE: Accept public comment and consider adopting an ordinance rezoning property located at 189 Lucy Avenue from Residential Multi-Family (RMF-35) to General Commercial (CG) pursuant to Petition No. 400-98-07.
ACTION: Councilmember K. Christensen moved and Councilmember Thompson seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Seed moved and Councilmember Milner seconded to adopt Ordinance 62 of 1998 rezoning property located at 189 West Lucy Avenue from Residential Multi-Family (RMF-35) to General Commercial (CG) with the condition that ingress/egress onto Lucy Avenue be prohibited. I further move that in adopting the ordinance, the Council expresses its intent to review and reconsider the appropriate zoning for the property after a transportation oriented development zone has been created. I further move that the Council request the Administration to forward an ordinance creating a transit oriented development zone by January 2000, which motion carried, all members voted aye.
DISCUSSION: Samantha Francis, Chair of the Peoples Freeway Community Council, said the Community Council voted unanimously to support the petition. She said there was one recommendation for green space with benches for people who live in the area to enjoy.
Councilmember Thompson said there was nothing in the motion to address the benches and green space. He asked if that would be addressed in the transit oriented development zoning. Bill Wright, Planning and Zoning Director, said the condition on the zoning was the building permit being issued for the construction. He said the condition of the building permit being issued was approval of the landscape plan.
(P 98-56)
The meeting adjourned at 6:31 p.m.