The City Council of Salt Lake City, Utah, met in Regular Session on Thursday, December 10, 1998, at 5:30 p.m. at in Room 315 at the City and County Building, 451 South State Street, Salt Lake City, Utah.
The following Council Members were present:
Tom Rogan Joanne Milner Carlton Christensen
Bryce Jolley Roger Thompson Keith Christensen
The following Councilmember was absent:
Deeda Seed
Cindy Gust-Jenson, Council Executive Director; Deputy Mayor Kay Christensen; and Chris Meeker, Chief Deputy City Recorder were present.
Councilmember Jolley presided at and conducted the meeting.
CITIZEN COMMENTS
Councilmember Thompson spoke for Mr. Bruce Boyce a constituent. He said Mr. Boyce had written a letter indicating the Utah General Aviation Association (UGAA) had several concerns with the new hangar lease agreements. He said the new agreements had a deadline of January 21, 1999. He said Mr. Boyce was asking for the deadline to be extended for 90 days. He said paying the increased fees would not be a problem beginning the 21st of January while discussion took place. Councilmember Thompson asked the Administration for a time extension and a forum to discuss the concerns.
Russ Pack, Deputy Director of Finance and Administration for the Department of Airports, said the contract deadline could be extended. He said he had met with Lynn Felton, Secretary of the UGAA, to discussion concerns. He proposed a 60 day extension, to February 21, 1999 for review time.
Roger Cutler, City Attorney, said the Department of Airports administrative function was responsible for setting up contracts for leases at the Airport. He cautioned that it would be improper for the Council to set up an administrative process for forums and negotiations. He said the new lease agreements followed City ordinance and the proper way for the Council to address the problem was through legislative policy changes.
Councilmember Milner said the City Council took comments that pertained to City involvement. She said the next formal City Council meeting would be in January.
Councilmember Thompson said the current ordinance should be looked at.
The following citizens spoke regarding new hangar agreements.
Tom Bonacci, 1024 South 1500 East, representing the UGAA said that Lynn Felton, UGAA Secretary had reported to UGAA that the Department of Airports was satisfied with the new contracts as written and were unwilling to change any of the provisions. He listed some of the concerns. He said the contract allowed for denial of access to an airplane in a rented hangar "at any time for any reason or for no reason at all". He said indemnification of liability was a concern, He said the largest concern was that the contract allowed for the prohibition of maintenance. He said the contract stated "any repairs by third parties including repairs by professional mechanics were prohibited". He said small business men were not able to work. He said Title 16, Salt Lake City Code allowed for permits to be issued for maintenance and repair of aircraft in hangars. He said permits were now being denied and the new lease did not allow for maintenance of aircraft in hangars.
Mr. Bonacci reviewed several other concerns of the interpretation of Title 16, Salt Lake City Code which he said was now being strictly enforced and had not been in the past. He asked that the Council over see negotiations for the contracts.
Mr. Bonacci asked if the Council would put the hangar lease issue on a City Council agenda sometime in January or February to report the out come.
Councilmember Jolley said a briefing regarding a revision of Title 16, Salt Lake City Code could be held in the future.
Councilmember Thompson asked the administration to indicate any adversity to General Aviation at the Salt Lake International Airport.
Leonard Wojclk, 2284 East 6200 South, asked that Title 16, Salt Lake City Code be re-written and that a representative from General Aviation be appointed to the Airport Authority Board.
Jo Duffey, 2792 Yuma Circle, said he had been housed at the Salt Lake City airport for 26 years. He said he had served 9 western states and had brought over $1 million in revenue per month into Salt Lake economy. He asked the Council for support.
Michael Mladejovsky, 2269 Hollywood Avenue, said he was protesting the treatment of the general aviation customers by the Airport. He said the new lease was an attempt to force all maintenance to a single vendor.
Lee Strayer, 2759 Claybourne Circle, said he had been treated like a criminal. He said Title 16, Salt Lake City Code was antiquated. He said he was disappointed.
Glen Southam, 5624 Lolenen Way, said the new lease would put him out of the flying business.
David Haymond, 11498 Dry Creek Road, said the new lease was a safety issue because it did not allow him to maintain his aircraft the way he felt it should be maintained. He said the attitude of the Airport Authority was a concern. He said they had a monopoly. He asked that Title 16, Salt Lake City Code be re-written.
Olaerte Arredrl, 8419 South 1275 East said if nothing was done about the new lease the Airport Authority's values would be no more different than South America.
Bruce Boyer, 754 East Roosevelt Avenue, said his concern was the restriction on owner assisted maintenance.
Gary Parkin, 345 East 100 North, Bountiful, Utah said his business was owner assisted maintenance. He said he had been in business for 15 years. He said he was now out of business. He said his whole life had changed
The following citizens were in opposition to the new hangar leases but did not wish to speak
Ron Blosch, 575 11th Avenue
Gene Werner, Murray, Utah
Rudy, Battisti, 1705 Monte
John Wagner, 2169 East Wilson Avenue.
Nick Paras, 4230 South 1355 West.
The following citizens spoke regarding the Housing Plan.
Steve Erickson, 961 East 600 South, gave the Council a summary of affordable housing needs data collected from the State of Utah. He reviewed some of the information and asked that the Housing Division used the material for the Housing Plan.(See file M 98-1)
Whitney Rearick, 330 West 500 South, also asked the Housing Division to use the material for the Housing Plan.
Ms. Gust-Jenson said more public input would be forth coming regarding the Housing Plan. She said the Council's policy statements were based on public comment. She said it was the Council's intention to mail these statements.
Tamera Baggett, 840 East Fairmont Circle, Representing JEDI for Women, said they were concerned with House Bill 245, moderate-income interim Housing Plan.
Kay Fox, Salt Lake Community Action Program, encouraged the Council to continue with community participation for the affordable housing issue and to comply with HB 295.
Councilmember Milner said the Utah moderated-income interim Housing Plan was a draft policy, a working document and not complete. She said the Council subcommittee would finalize a document later in the spring.
CONSENT
ACTION: Councilmember C. Christensen moved and Councilmember Thompson seconded to adopt the Consent Agenda, which motion carried, all members present voted aye.
#1. RE: Approving the reappointment of Kent C Matthews to the Utah Air Travel Commission for a term extending through September 1, 2001.
(I 98-15)
#2. RE: Approving the appointment of Pierre Goins to the Community Development Advisory Committee for a term extending through July 1, 1999.
(I 98-16)
#3. RE: Approving the reappointment of Robert Daniels to the Housing Advisory Appeals Board (HAAB) for a term extending through December 31, 2001.
(I 98-18)
RE: Approving the reappointment of Robinson Hunt to the Housing Advisory Appeals Board (HAAB) for a term extending through December 31, 2001.
(I 98-18)
#4. RE: Approving the appointment of Leland J. Myers to the Public Utilities Advisory Committee for a term extending through December 31, 2002.
(I 98-3)
#5. RE: Approving the reappointment of David B. Burnham to the Recreation Advisory Board for a term extending through January 15, 2003.
(I 98-5)
#6. RE: Approving the reappointment of Magda Jakovcev-Ulrich to the Historic Landmark Commission for a term extending through July 14, 2001.
(I 98-11)
#7. RE: Adopting a Motion approving the following decisions made by the Planning Commission
a. Petition No. 400-98-60, a request by Western Properties to amend a portion of Lot 1, Bara Industrial Park Subdivision located at 3190 West California Avenue and is in a Light Manufacturing M-1 zoning district.
(P98-80)
b. Petition No. 400-98-53, a request by Dan Sanborn to amend a portion of Lot 5, Centennial Industrial Park, Phase V Subdivision, located at 4453 West 1730 South in a Light Manufacturing M-1 zoning district.
P (98-81)
#8. RE: Setting the date of January 12, 1999 at 6:00 p.m. to accept public comment and consider adopting an ordinance closing a portion of 100 South between 400 and 500 West, pursuant to Petition No. 400-98-73.
(P 98-82)
#9. RE: Adopting a Motion authorizing the approval of the Salt Lake City , Utah moderated-income interim Housing Plan as required by Utah State House Bill 295.
(G 98-35)
UNFINISHED BUSINESS
#1. RE: Adopting a resolution declaring the intention of the City Council of Salt Lake City, Salt Lake County, State of Utah, to construct improvements on certain streets in said City including the removal and reconstruction of sidewalk, curbs, gutter, driveways, driveways aprons, strips paving and appurtenances; the construction of minor drainage facilities; and other miscellaneous work which is necessarily to complete the above improvements; to create Salt Lake City, Utah Special Improvement District, Project No 101007; to defray the cost and expenses of a portion of said improvement district by special assessments to be levied against the property benefited by such improvement; to provide Notice of Intention to authorize such improvements and to fix a time and place for protests against such improvements; or the creation of said District; and to authorize advertisement of construction bids and related matters.
(Q 98-7)
ACTION: Councilmember C. Christensen moved and Councilmember K. Christensen seconded to adopt Resolution 72 of 1998, which motion carried, all members present voted aye.
#2. Re: Adopting a resolution Authorizing the approval of an Interlocal Cooperation Agreement between Salt Lake City Corporation and Salt Lake County regarding recreation programming and management.
ACTION: Councilmember C Christensen moved and Councilmember K. Christensen seconded to adopt Resolution 73 of 1998.
Councilmember K. Christensen moved and Councilmember Milner seconded to amend the motion and approve the resolution with the addition of an escape clause being written into the agreement document, including the Council having sole discretion to exercise approval of giving the County 120 notice days to cure, with respect to the terms and conditions of all matters of the document, which motion carried all members present voted aye.
DISCUSSION: Ms. Gust-Jensen gave the Council a new draft of the interlocal cooperation agreement and said there had been some language changes recommended by the administration. She said the Council had given the administration authority to make changes as long as Council policy was not altered. She said the reason for considering the changes was due to the new County Commission being seated in January of 1999.
Councilmember K. Christensen asked when the County Commission would address the issue.
Rick Graham, director of Public Services said the document needed the signature of the County Attorney and then it would go to the Commission. He said the County Attorney felt the document was still a week away from being signed. He said the hope was that the issue would be addressed before the end of the year.
Councilmember Rogan said he was concerned with the structuring of the $3 million payment and with regard to the maintenance and operation of the facility. He said he would oppose the motion but would be supportive of the concept. He said he was in favor of referring the issue back to the Committee of the Whole and encouraging the administration look at the draft. He said he was concerned with the County's commitment.
Councilmember Jolley asked Mr. Graham what would happen to negations with the County if the issue was referred. Mr. Graham said the intention was to complete the contract in December. He said January began a new budget for the County. He said the Commission had guaranteed funding. He said the issue needed to move forward to keep current programs moving forward.
Councilmember K. Christensen said he would like to amend the motion to approve the document subject to a 30 day revocation notice if the County had not approved the $3 million funding in the budget.
Mr. Graham said a separate agreement was being drafted for the $3 million funding. He said he said he did not know when the funding would be given to the City. He said it was in the budget.
Councilmember Thompson said he was in favor of moving forward with the agreement. He said the agreement indicated the County had already funded some items. Mr. Graham said if the agreement was not finalized contributions from County for maintenance of three of the City's baseball diamonds would become the City's responsibility. He said the City would need to pay the County back and take back the scheduling of the baseball diamonds.
Mr. Graham said the agreement was to fund $3 million over a 10 year period and the conditions of the funding would be handled under a separate agreement.
Councilmember Milner said the agreement was premature. She said she supported conditional language.
Councilmember Rogan said he would support a substitute motion.
Roger Black, Director of Management Services, said the original negation had nothing to do with the Steiner facility. He said originally the City had wanted to take advantage of recreation services offered by the County. He asked if the Steiner facility and the funding of $3 million should be linked.
Councilmember C. Christensen said the intent was to have the County run the recreational programs regardless of the construction status of the Steiner facility. He said he supported a performance clause in the agreement.
Councilmember Thompson said he did not think the Steiner facility and funding of $3 million needed to be linked. He said his concern was providing a default clause if the County did not perform properly.
Councilmember Rogan asked what leverage the City had with regard to the $3 million funding. Mr. Black said the Chair of the County Commission had publicly declared commitment to the project.
Roger Cutler, City Attorney asked in summary if the Council meant to accept the moral commitment by the County to fund $3 million over 10 years, and if the funding appropriation did not happen a stipulation within the contract would give the City the right to opt out of the contract. Councilmember K. Christensen said that was a correct summary and he expected the County to have the same rights under the default clause.
Councilmember Rogan suggested the moral commitment by the County be changed to a written form by the current County Commission.
(C 98-856)
The meeting adjourned at 7:02 p.m.