PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, DECEMBER 4, 1984
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, DECEMBER 4, 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 SYDNEY R. FONNESBECK EDWARD W. PARKER EARL F. HARDWICK.
Council Chairperson Ronald Whitehead presided at the meeting.
BRIEFING SESSION
#1. Ms. Leigh von der Esch, council executive director, briefed the Council on the evening’s agenda. She reminded the Council of the next week’s commitments and a discussion was held concerning the proper rotation schedule of the member responsible for conducting the weekly council meetings.
#2. Dick Fox and representatives from Cate Equipment Company and Distributors Remanufacturing Center briefed the Council on the requests of the above mentioned companies for Industrial Revenue Bonds. Mr. Fox indicated that the requests for the IRBs should be received by the state before the morning mail delivery in order to be reviewed prior to other cities’ requests. Representatives from Cate and DRC made presentations to the Council concerning their plans for the disposition of the IRBs. They indicated they would both be located in the southwest quadrant of the city and would each create new jobs in that area. They indicated that Valley Bank had already committed to buying the bonds.
#3. Richard Drake of Fleet Management Consultants Inc. briefed the Council on the auditors progress in their interviews with Fleet Coordinators. He indicated that everything was running smoothly. He said that some problems had already been identified concerning reporting procedures and the parts reordering flow. He indicated that there are some communication problems between purchasing and fleet management.
#4. Albert Haines, chief administrative officer, briefed the Council on developments concerning the processing of hydro-power utilizing Salt Lake City’s water rights. He indicated that Energy National, Inc., a subsidiary of Utah Power and Light, was interested in receiving a Memorandum of Understanding from the city indicating the hopes of a service contract in which E.N. would receive a flat rate for their electrical production, and the city, who would provide the water, licensing, and exemptions including IRBs if necessary would receive, in compensation, the ownership of the contract between E.N. and UP&L and receive monies according to kilowatt hours produced. Councilmember Mabey asked whether it would be possible to indicate in the service agreement that due to Salt Lake’s involvement in hydro-power the city could receive cut-rate power. Mr. Haines said that he believed that the city already received a discount due to high consumption caused by street lighting.
The briefing session adjourned at 5:55 p.m.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, DECEMBER 4, 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 SYDNEY R. FONNESBECK EDWARD W. PARKER EARL F. HARDWICK.
Mayor Ted L. Wilson, Albert Haines, chief administrative officer, and Roger Cutler, city attorney, were present at the meeting.
Council Chairperson Ronald Whitehead presided at and conducted the meeting.
Invocation was given by Police Chaplain Ginger Gryzwana.
Pledge of Allegiance.
Approval of Minutes
Councilmember Parker moved and Councilmember Mabey seconded to approve the minutes of the Salt Lake City Council for the regular meetings held Tuesday, November 13, 1984, and Tuesday, November 27, 1984, which motion carried, all members voting aye.
(M 84-1)
Special Presentations
#1. Mayor Wilson presented a proclamation to Esther Landa who served as Mayor-for-a-Day on Tuesday, December 4, 1984. He said that Ms. Landa attended several meetings and was most helpful. Ms. Landa thanked the Mayor and Council and expressed her appreciation for this opportunity. She said that she enjoyed the opportunity to serve the city.
#2. Mayor Wilson briefly explained that the city had a leaf-bagging program and part of the program was a contest to guess the number of leaves in the Mayor’s leaf bag. He said that a scout troop counted the leaves and he distributed letters thanking them for counting the leaves in the bag. The Mayor presented Dax Mascarenas, winner of the contest, with a $200 savings bond and he said that Mr. Mascarenas would get an opportunity to serve as Mayor-for-a-Day.
PETITIONS
Petition 400-127 of 1983 by People’s Freeway Community Council.
RE: Rezoning of property on the south side of Lucy Avenue between West Temple and Second West from “M-1” to “R-4” classification.
Councilmember Mabey explained that an “R-5” zone had been discussed for this area but he said that after talking with developers they indicated that for development purposes an “R-6” zone would be better. He explained that in an “R-5” zone the height restriction is 45 feet which is approximately four stories and in an “R-6” zone the height restriction is 75 feet or approximately seven stories. Larry Livingston, council office, said that planning and zoning recommended “R-6” because the area to the north of the property in question is “R-6”.
He explained that the “R-6” zone would not solve the problem of compatibility with existing structures if a new development is constructed. However, he said if a public/private partnership takes place on the Lucy Avenue property, then the “R-6” zoning would not be a problem because the density flexibility would exist but the city would have some control on the design. Bernice Cook, petitioner, explained that the residents are concerned about getting curb and gutter in the area and eliminating the flooding problems.
Councilmember Shearer explained that CD money cannot be used for commercial areas and she said that in order for CD money to be used in this area (to give residents a break on curb and gutter) the property has to be rezoned to a residential zone. She felt that “R-6” would be inappropriate for the area at this point because there are many single-family dwellings. She suggested “R-4” would be better. Councilmember Fonnesbeck said that if the area is zoned “R-6” there is a possibility that a high-rise structure will be constructed. She said that if the area is zoned “R-4” the housing will probably remain as it is now.
Ms. Leigh von der Esch, council executive director, suggested that the Council consider rezoning the property to “R-4”, which will protect what is existing in the area and will allow for the CDBG process to begin. She mentioned that at this time there has not been a project proposed for this area that would require a higher density zoning. Councilmember Davis said that she did not feel the “R-4” zoning was adequate and that it should be “R-5” or “R-6” otherwise there would be no incentive for anyone to purchase the property.
Councilmember Parker moved and Councilmember Hardwick seconded to rezone the south side of Lucy Avenue between West Temple and 200 West from “M-l” to “R-4” as requested in Petition 400-127 of 1983, which motion carried, all members voting aye except Councilmember Davis who voted nay.
(P 83-500)
Petition 400-144 of 1983 by Joann Milner.
RE: Closure of a 15-foot alley at approximately 920 South from 800 West to 900 West Streets.
Ms. Leigh von der Esch, council executive director, mentioned that contained in the ordinance closing this alley there is a request for $290 for the county recording fees. She explained that this is an unfamiliar process and she recommended that the ordinance be pulled until she could get information about this issue.
Councilmember Shearer moved and Councilmember Mabey seconded to pull this ordinance and reschedule action at the earliest opportunity, which motion carried, all members voting aye.
(P 84-19)
Petition 400-201 of 1984 and Petition 400-198 of 1984 by St. Joseph’s Villa/Richard Erick.
RE: Appeal of the Planning Commission’s denial of Petition 400-201 requesting that property located on the west side of 500 East between 1942 and 1950 South and the south side of Ramona Avenue between 450 and 498 East be rezoned from “R-2” to “R-6”, and Petition 400-198 requesting the closure of the east end of Ramona Avenue where it enters 500 East.
Councilmember Shearer moved and Councilmember Parker seconded to schedule a public hearing for Tuesday, January 15, 1985, at 6:30 p.m. to discuss the petitions, which motion carried, all members voting aye.
(P 84-175 and P 84-176)
Petition 400-215 of 1984 by Associated Food Stores.
RE: Closure of a portion of Associated Avenue (1900 South) as it runs between Industrial Road (1900 West) and Empire Road (1800 West).
Councilmember Mabey said he felt that there was a solution available which would be equitable to both those in favor of closure and those opposed. He recommended that instead of closing the street as requested, a semaphore could be placed where Associated Avenue meets the Associated Food Store road which runs north and south, and a stop sign could be placed at the south east corner of Empire Road and Associated Avenue. Also no parking signs could be installed along both sides of Associated Avenue. He felt that these recommendations would resolve the problems in the area and therefore the petition could be denied.
Councilmember Whitehead mentioned that the Council only has the authority to keep the street open or close it; however, he agreed that problems need to be resolved. Ms. Leigh von der Esch, council executive director, said that she talked with Associated Food and they found the solution, as suggested by Councilmember Mabey, acceptable. A representative of Standard Plumbing opposed the suggestions and asked that they be given an opportunity for input into the recommendations. Councilmember Fonnesbeck said the Council policy has been that unless a petitioner shows that eight streets has ceased to be of public use then the Council does not close streets. She felt that in this case the street in question is still of public use. Ms. von der Esch indicated that she would schedule a meeting to discuss alternative traffic devices. Councilmember Mabey said that he would meet with the Mayor about this situation and whoever else wanted to meet. Letters of opposition to the street closure were received from the American Postal Workers Union and RS Supply Company. These letters are on file in the Office of the City Recorder.
Councilmember Mabey moved and Councilmember Fonnesbeck seconded to deny Petition 400-215 of 1984, which motion carried, all members voting aye.
(P 84-260)
DEPARTMENTAL BUSINESS
DEVELOPMENT SERVICES
#1. RE: The reallocation of approximately $105,000 of Community Development Block Grant slippage funds to various projects.
Without objection, Council Chairperson Whitehead referred this matter to the Committee of the Whole for December 6, 1984.
(T 84-31)
#2. RE: The proposed ordinance governing the location of newsracks on public streets in Salt Lake City.
Councilmember Parker moved and Councilmember Hardwick seconded to direct the City Attorney to prepare the necessary ordinance, which motion carried, all members voting aye except Councilmember Fonnesbeck who was absent at the time of the vote.
(O 84-19)
FINANCE AND ADMINISTRATIVE SERVICES
#1. RE: Industrial Development Revenue Bonds for International Center Hotel Associates, Inc.
Councilmember Shearer moved and Councilmember Parker seconded to adopt Resolution 123 of 1984 approving the final form of the loan agreement, trust indenture and certain closing documents to be used in connection with issuance of not exceeding $7,100,000 principal amount of Industrial Development Revenue Bonds of Salt Lake City, State of Utah, which bonds were previously approved by a resolution of the City, the proceeds of which will be used for financing the acquisition and/or construction of a hotel and convention center facility for use by International Center Hotel Associates, Inc., which motion carried, all members voting aye.
(Q 84-13)
#2. RE: Industrial Development Revenue Bonds for Distributors Remanufacturing Center.
Councilmember Shearer moved and Councilmember Parker seconded to adopt Resolution 122 of 1984 authorizing and inducing the execution of a memorandum of agreement with Distributors Remanufacturing Center, a Delaware Corporation, regarding the issuance of Industrial Development Revenue Bonds in the amount of $1,100,000 for a commercial project at 2494 Director’s Row, which motion carried, all members voting aye.
(Q 84-19)
#3. RE: Industrial Revenue Bonds for Parkview Plaza Associates.
Councilmember Shearer moved and Councilmember Parker seconded to adopt Resolution 120 of 1984 approving the execution and delivery of documents relating to Parkview Plaza Associates Industrial Revenue Bonds previously approved by resolution of the City Council in an amount not to exceed $7,000,000, the proceeds of which will be used to finance the acquisition and/or construction of professional office and commercial facilities in the area between 1200 East and 1300 East, 2100 South and Wilmington Avenue, which motion carried, all members voting aye.
(Q 82-9)
#4. RE: Reclassifications of parking enforcement officers, a real property agent, and telecommunications positions.
Albert Haines explained that there are sufficient funds in the budget for the remainder of this fiscal year and these are not new positions.
Councilmember Fonnesbeck moved and Councilmember Hardwick seconded to suspend the rules and approve on first reading the reclassifications of 12 parking enforcement officers from 110 to 113, a real property agent from 218 to 312, one telecommunications position from 220 to 320, and one telecommunications position from 220 to 214, which motion carried, all members voting aye except Councilmember Shearer who abstained from voting.
(B 84-6)
OFFICE OF THE MAYOR
#1. RE: The reappointment of Gordon Oettli to the Housing Authority Board of Directors.
Councilmember Shearer moved and Councilmember Parker seconded to approve the reappointment of Gordon Oettli to the Housing Authority Board of Directors, which motion carried, all members voting aye.
(I 84-20)
#2. RE: The request of Mayor Ted Wilson to appropriate $25,000 to finance part of the cost of an Olympic Games feasibility study.
Without objection, Council Chairperson Whitehead referred this request to the Committee of the Whole for December 6, 1984.
(G 84-38)
POLICE DEPARTMENT
#1. RE: An ordinance amendment relating to false information.
Councilmember Shearer moved and Councilmember Parker seconded to adopt Ordinance 69 of 1984, amending Chapters 10 and 16 of Title 20 of the Revised Ordinances of Salt Lake City, Utah, 1965, by amending Section 20-16-2 relating to license required, and by adding Sections 20-10-14 and 20-16-15 relating to false information, which motion carried, all members voting aye.
(O 84-31)
PUBLIC UTILITIES
#1. RE: A resolution affirming the City Council’s support of the Memorandum of Understanding approved under Resolution 100 dated December 6, 1983.
Without objection, Council Chairperson Whitehead referred this resolution to the Committee of the Whole for December 6, 1984.
(R 84-14)
#2. RE: An interlocal agreement regarding Little Dell Dam and Reservoir.
Leroy Hooton, director of public utilities, explained that this interlocal agreement provides the agreement necessary to enter into the engineering design report to construct the Little Dell project locally. He said that Salt Lake County, Metropolitan Water District of Salt Lake City and Salt Lake City are parties to this agreement and it sets forth that Salt Lake County and the Metropolitan Water District will provide the funds to conduct the engineering design report and also makes a commitment that Salt Lake City will donate the land. Mr. Hooton said that this excludes the Central Utah Project; it is a local approach. Mr. Hooton further explained that Little Dell is a part of the city’s total water supply requirements and the only relation to the CUP is that they are attempting to finance the municipal and industrial portion through the Metropolitan Water District from CUP funds.
Councilmember Davis moved and Councilmember Parker seconded to adopt Resolution 124 of 1984 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation, Salt Lake County and the Metropolitan Water District of Salt Lake City for the establishment of Little Dell Dam and Reservoir, which motion carried, all members voting aye except Councilmember Shearer who was absent at the time of the vote and Councilmember Fonnesbeck who voted nay.
(C 84-555)
PUBLIC HEARINGS
Cate Equipment Company.
RE: Industrial Development Revenue Bonds for Cate Equipment Company.
A public hearing was held at 6:30 p.m. to discuss this issue. Lance Bateman, finance director, said that this application has been reviewed by finance and planning and zoning. He indicated a favorable recommendation. He also said that the company has paid the nonrefundable fee. No one from the audience addressed this issue.
Councilmember Mabey moved and Councilmember Shearer seconded to close the public hearing, which motion carried, all members voting aye.
Councilmember Mabey moved and Councilmember Shearer seconded to adopt Resolution 121 of 1984, subject to the City Attorney’s review, authorizing and inducing the execution of a memorandum of agreement with J. Franklin Pardoe, Cate Equipment Company, a Utah Corporation, or persons or companies related to or affiliated through common control, or any related person including, but not limited to, Cate Equipment Company, a Utah Corporation, or Utah Bearing and Fabrication, Inc., a Utah Corporation, regarding the issuance of Industrial Development Revenue Bonds in the amount of $2,426,000 for a commercial project at 2350 West 2100 South, which motion carried, all members voting aye.
(Q 84-20)
Petition 400-235 of 1984 by PF West and Petition 400-247 of 1984 by James McKinley.
RE: Rezoning of property at 600 South and Redwood Road from Residential “R-2” to “R-5” as requested in Petition 400-235; and Petition 400-247 requesting denial of Petition 400-235.
A public hearing was held at 7:15 p.m. to discuss these petitions. Vernon Jorgensen, planning and zoning, outlined the area on a map and explained that the purpose of the rezoning is to permit a planned unit development apartment complex. He said that the site consists of 10.83 acres located on the east side of Redwood Road between Arapahoe Avenue and approximately 6th South. He explained that the frontage along Redwood Road is now zoned Residential “R-6” to a depth of 165 feet and the remainder of the site, approximately 8.3 acres, is zoned “R-2”. Mr. Jorgensen said that if the zoning is changed then the company would have to submit detailed plans for the PUD and go through the process of approval. Mr. Jorgensen further explained that the Planning Commission held an informal hearing at which time objection was expressed. Those opposed were concerned about noise and the effect of the PUD on the neighborhood. Mr. Jorgensen said that the Planning Commission felt the project would solve a problem regarding the use of this property and would also help stabilize the neighborhood so they recommended that the zoning be changed as requested but also recommended that the “R-6” zoning be changed to “R-5”.
Mr. Jorgensen pointed out that there is a trailer park south of the property in question, east of the property are single-family homes and to the north there is a school for the blind. He mentioned that the property in question is primarily vacant. Tim Soffe, architect, showed drawings of the proposed project and said this project will consist of 378 apartment units, mostly one bedroom. He indicated where 600 South and Arapahoe end and said that it is not proposed for these streets to continue through the project. He explained that the project will have a peripheral road system with the buildings and open space oriented to the inside of the project. He also explained that the buildings will be brick structures with wood accent panels. Mr. Soffe said that there will be various amenities such as a swimming pool, jogging paths, and barbecue pits.
The following citizens opposed the petition request: James McKinley 614 Cheyenne Street, Donna Drecksel, 1468 West 700 South, Michael Watters, 537 So. Montgomery Street, Myrna Bray 1629 W. 300 South. Concern was expressed about noise, traffic, devaluation of surrounding property, safety of school children, and the integrity of the neighborhood. There was also concern that the community had not had input into the project. It was mentioned that there is another PUD planned for the area which would put the residents between two large developments. Concern was expressed about the density which would result.
The following citizens supported the petition request: Eldon Marshall, 624 Camarilla Circle, Elmer R. Bullock, 625 Camarilla Circle, Hyrum Deters, 645 Camarilla Circle, Ralph Gisseman, 644 Camarilla Circle, F. David Stanely, 634 Camarilla Circle.
It was indicated that of the 45 properties in the high impact area (the area adjacent to the property in question and those properties off of Redwood Road), 32 supported the request, six were neutral, and the remainder were not contacted. The opinion was expressed that the development would contribute to the area and the property would be improved. It was also mentioned that the tax base for the city would increase. It was mentioned that a large well-planned development with sufficient amenities would increase the value of the property. Petitions supporting the project were submitted and are on file in the Office of the City Recorder. Kathy Sheaffer, Salt Lake Neighborhood Housing Services, took a neutral position on the petition. She explained that one of their main goals is to provide stability for that neighborhood and increase housing stock. She mentioned that their office has received several calls from concerned residents and she felt that there may still be a lot of unanswered questions. She also said she understood that the master plan for this area calls for low density. She suggested that if there are other questions which need to be answered, the project should be re-evaluated and other options considered.
Councilmember Parker moved and Councilmember Mabey seconded to close the public hearing, which motion carried, all members voting aye except Councilmember Fonnesbeck who was absent when the vote was taken.
Councilmember Mabey mentioned that traffic will be relieved off Redwood Road when the belt route is completed and he indicated that the cost of constructing single-family dwellings on this property would be prohibitive. Councilmember Parker indicated that he felt the PUD would be a positive element to the west side. Councilmembers Whitehead, Davis and Mabey indicated that they felt the developer has a good reputation. Councilmember Mabey said that he thought this project would improve the neighborhood and add a better appearance on Redwood Road.
Councilmember Davis moved and Councilmember Parker seconded to rezone the property located at 600 South and Redwood Road from “R-2” to “R-5” citing the Planning Commission’s opinion that the proposed development would not affect the character of the residential area to the east as this is basically a self contained piece of property located on the west edge of the neighborhood, that this property is a problem piece as it is adjacent to Redwood Road and adjoins a trailer park, and that the proposed use would stabilize the residential character of the neighborhood; the rezoning would be subject to the following conditions:
1. Elimination of the existing Araphahoe Avenue half-street to the south and acquisition of this land from the city area being added to the site. 2. A 6-foot high masonry wall being installed along the east boundary of the existing homes. 3. Termination of the two stubbed streets with curb and gutter according to a plan acceptable to the City Engineer. 4. Full street improvements installed along Redwood Road according to a plan acceptable to the City Engineer. 5. Dedication of an avigation easement to the Salt Lake City Airport Authority, which motion carried, all members voting aye except Councilmember Fonnesbeck who was absent at the time of the vote.
Councilmember Shearer moved and Councilmember Davis seconded to deny Petition 400-247 of 1984 submitted by James McKinley, which motion carried, all members voting aye except Councilmember Fonnesbeck who was absent when the vote was taken.
(P 84-279 and P 84-280)
CITIZEN COMMENTS
#1. Jody Eby, 3926 Birch Drive, addressed the Council and Mayor concerning water service to county residents. She had encountered a problem about a bill and her water had been turned off. She felt that she had tried to resolve the problem and was angry because of how the situation had been handled by the water department. She felt that the citizens should have representation when dealing with the water department about complaints. Mayor Wilson said that he would review her case and do what he could to solve the problem.
The meeting adjourned at 8:25 p.m.