PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, FEBRUARY 1, 1983
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, FEBRUARY 1, 1983, AT 5:30 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 PALMER DEPAULIS.
Council Chairman Grant Mabey presided at and conducted this meeting.
POLICY SESSION
Leigh von der Esch briefed the Council on items relating to Council agenda and scheduling. Council Members discussed the transportation grant and what authority was given to engineering to proceed with hiring a consultant to study what should be done with the downtown area. Councilmember Mabey told the Council Members that he was concerned about the feelings of the Retail Merchants Association and their opposition to any changes in the downtown area.
Councilmember Davis said she was not convinced everything had been done to alleviate the problems with the buses prior to the consideration of more changes to the street, bus bays, etc. Councilmember Davis moved and Councilmember Parker seconded to contact UTA and ask them if monitoring the buses could be done, which motion carried, all members voting aye.
Councilmember Parker briefed the Council on the Salt Lake County Council for the Arts Committee and their work inventorying the art in public buildings. Dr. Parker also briefed the Council on employee recognition awards.
The policy session adjourned at 5:55 p.m.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, FEBRUARY 1, 1983, 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 N. DAVIS SYDNEY R. FONNESBECK EDWARD W. PARKER PALMER DEPAULIS.
Mayor Ted Wilson, Albert E. Haines, Chief Administrative Officer, and Roger Cutler, City Attorney, were present at the meeting.
Council Chairman Grant Mabey presided at this meeting.
Councilmember Palmer DePaulis conducted this meeting.
Invocation was given by Police Chaplain Geof Garlick.
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 held Tuesday, January 18, 1983, and Tuesday, January 25, 1983, which motion carried, all members voting aye.
(M 83-1)
PETITIONS
Petitions 94, 180, 203, 277 and 288 of 1982.
RE: Northwest Quadrant Annexation No. 1.
RECOMMENDATION: That the City Council adopt the proposed annexation ordinance which supersedes Ordinance 3 of 1983 approved by the City Council on January 18, 1983.
FISCAL IMPACT: This action does not increase the fiscal impact of action previously taken by the Council on this matter.
DISCUSSION: An annexation ordinance for Northwest Quadrant No. 1 was approved by the Council on January 18, 1983. The ordinance was not published, however, pending final approval of plats. Although the legal descriptions in the original ordinance were accurate, they needed to be technically restated in order to conform to the plat design as recommended by the City Engineer. These amended legal descriptions are contained in the proposed ordinance. The proposed ordinance also contains a provision which would effect an amendment to the “Salt Lake City Council District and School Precinct Boundary Map” to include the annexed territory. It also notes the fact that a single protest was filed to the annexation but that the protest was subsequently withdrawn.
Craig Peterson, Director of Development Services, stated that after the Attorney’s Office reviewed the original legal descriptions with the City Engineer, it was determined that technically the descriptions could be improved. The new ordinance improves the legal descriptions, amends the Salt Lake City Council District and School Precinct Boundary Map, and notes that a protest was filed but was later withdrawn. Mr. Peterson stated that this ordinance supersedes the original ordinance.
Councilmember Mabey moved and Councilmember Whitehead seconded to adopt Ordinance 6 of 1983, regarding the Northwest Quadrant Annexation #1 and zoning, which motion carried, all members voting aye.
(P 82-312 through P 82-316)
DEPARTMENTAL BUS INES S
DEVELOPMENT SERVICES
#1. RE: Public hearing for the 9th Year Community Development Program.
RECOMMENDATION: That the City Council hold a public hearing on Tuesday, February 8, 1983 at 7:45 p.m. to obtain the views of citizens on housing and community development needs.
AVAILABILITY OF FUNDS: Approximately $4,772,000 will be available from HUD in July, 1983 to allocate to various projects designed to improve physical conditions and public services within the city.
DISCUSSION: The Department of Housing and Urban Development requires the City to hold at least one public hearing to obtain input from community groups and neighborhood residents concerning City needs that may be addressed by CDBG funding. Since the staff recommendation for 9th year CD funding will be presented to the Mayor in late February and his recommendation to the Council in early March, it is necessary to assess citizen comments prior to the recommendations being made. A preliminary list of projects to be funded with 9th year CDBG monies will be selected by the City Council and made public at a hearing set later in March.
Councilmember Shearer moved and Councilmember Parker seconded to schedule a public hearing for February 8, 1983 at 7:45 p.m. to consider 9th Year Community Development Program, which motion carried, all members voting aye except Councilmember Fonnesbeck who was absent when the vote was taken.
(T 83-2)
OFFICE OF THE MAYOR
#1. RE: Appointment to the Civil Service Commission.
RECOMMENDATION: It is recommended that John Florez be appointed to fill the existing vacancy on the Civil Service Commission. Council Chairman Mabey referred this appointment to the consent agenda; referred without objection.
(I 83-8)
#2. RE: Proposed amendment to the amended collective bargaining resolution.
RECOMMENDATION: That the Council consider amending the resolution to allow police sergeants, arson investigators, fire captains, and police and fire lieutenants to belong to their respective bargaining units and bargain for non-economic items as determined by the Mayor.
DISCUSSION: The above named groups have expressed a desire to be permitted membership in their respective employee organizations and to be allowed to participate in the collective bargaining process regarding non-economic items. Mayor Wilson stated that traditionally fire officers are separate from the rank and file in bargaining rights. The Mayor stated that a reasonable compromise has been reached which would allow the captains and lieutenants to bargain for non-economic items as determined by the Mayor, such as the grievance procedures. This will solve a long-standing issue with the fire department and will establish a healthy relationship. The Mayor stated that the command level above captain would not be involved in any bargaining.
Councilmember Parker asked what the captains and lieutenants would do in the event of a job action. The Mayor stated that would be their decision but because officers have a higher level of allegiance to the administration, they could be dealt with more firmly. Charles Quick, President of Local 1645, stated that much stricter penalties can be implemented within a contractual agreement for supervisors being involved in a job action. Mr. Quick stated that this union situation has been a problem for some time and now is the opportunity to correct the problem. Mr. Quick asked that the Council deal with this in a timely manner because the City and union have been working on the problem for two years.
Council Chairman Mabey referred the proposed amendment to the Committee of the Whole for Thursday, February 3, 1983; referred without objection. The Mayor suggested that a captain be invited to attend the Thursday meeting to give insight as to the feelings about this issue.
(R 83-4)
PUBLIC UTILITIES
#1. RE: Revocable permit agreement to enable Salt Lake County to install a telemetered precipitation and wind measuring device at the city’s Big Cottonwood Water Treatment Plant.
RECOMMENDATION: That the Council authorize the Mayor and City Recorder to sign the proposed agreement on behalf of Salt Lake City Corporation.
DISCUSSION: The Council wanted to furnish and install additional weather measuring equipment at the existing weather station located at the Big Cottonwood Water Treatment Plant. This revocable permit would enable them to do this and has already been signed by the Chairman of the Board of County Commissioners.
Councilmember Shearer moved and Councilmember Parker seconded to adopt Resolution 7 of 1983 authorizing the execution of an agreement between Salt Lake City Corporation and Salt Lake County (Public Works Department, Flood Control and Water Quality), which motion carried, all members voting aye except Councilmember Fonnesbeck who was absent when the vote was taken.
(C 83-7)
PUBLIC WORKS
#1. RE: Adoption of the resolution creating Special Improvement District No. 38-686.
RECOMMENDATION: That the City Council create the Special Improvement District and authorize the advertising for construction bids.
AVAILABILITY OF FUNDS: Fiscal Year 1982/83 and 1983/84 Capital Improvement funds and property owner assessments (Special Improvement District).
DISCUSSION: Curb and Gutter District No. 38-686 is comprised of 1300 South Street from 700 East to 1300 East. The project will consist of the construction of curb and gutter, sidewalk, roadway and drainage facilities. It is intended to bid the project this spring with construction of the project to take place during the summer of 1983. The total estimated cost of the City’s portion for this project is $613,160, which is over the $550,000 allocated in the 82/83 ($275,000) and 83/84 ($275,000) Capital Improvement Budget for this project. A request has been made to increase the 83/84 Capital Improvement Budget by $75,000 to $350,000.
The reason for requesting approval for bidding the project at an amount in excess of approved funds is to have a larger project to bid and save time, which will yield better bid prices. The two phases of this project will be bid at one time. It should also be pointed out that the $275,000 82/83 funding is part of the package of Capital Improvement Projects which are contingent on the sale of surplus City property. If 82/83 funding is not available from sale of surplus City property and sufficient funds in 83/84 are not allocated, construction of the project would have to be delayed until funds are available.
Councilmember Shearer moved and Councilmember Parker seconded to adopt Resolution 5 of 1983 creating Special Improvement District 38-686 and authorizing construction of improvements as set forth in the notice of intention to create the curb and gutter extension, which motion carried, all members voting aye except Councilmember Fonnesbeck who was absent when the vote was taken.
(Q 82-35)
#2. RE: Notice of Intention for Sugarhouse Beautification Special Improvement District, Project No. 38-708.
RECOMMENDATION: Council adopt Notice of Intention and authorize City to proceed with advertising of the Notice of Intention in accordance with the schedule.
AVAILABILITY OF FUNDS: Community Development Block Grant Funds for 9th and 10th Year, and property owner assessments. CDBG funds $1,035,000, property owner assessment $1,035,000; total $2,070,000.
DISCUSSION: Sugarhouse Beautification Project will consist of providing new sidewalk, curb and gutter, and street beautification facilities to include upgraded street lights, upgraded parkway landscaping, decorative brick paving at street intersection sidewalks and monument area in the Sugarhouse Business District. Project area includes 2100 South from 900 East to 1300 East and 1100 East/Highland Drive from Ramona Avenue to Ashton Avenue. The conceptual plan for this project is the culmination of approximately six months of conceptual design study accomplished by the consulting firm of Maas-Grassli & Associates in conjunction with City staff and an advisory committee comprised of Sugarhouse project owners.
If this project is approved, the current schedule shows construction of the improvements on 1100 East/Highland Drive during the 1983 construction year with construction of the improvements on 2100 South during 1984. Rick Johnston, Deputy City Engineer, stated that the Notice of Intention could be adopted at this meeting so advertising could proceed; the protest hearing is set for March 8, 1983.
Councilmember Parker moved and Councilmember Whitehead seconded to adopt Resolution 6 of 1983 (subject to review by the City Attorney) declaring the intention to construct improvements in the Sugarhouse Business District, to create Curb and Gutter Extension No. 38-708, to defray the cost by special assessments to be levied against the property benefited, and to provide notice of intention to authorize such improvements and fix a time and place for protests against such improvements or creation of said district, which motion carried, all members voting aye.
(Q 83-3)
#3. RE: Special Improvement District No. 38-723.
RECOMMENDATION: That the City Council create the Special Improvement District and authorize the advertising for construction bids when the plans are complete.
AVAILABILITY OF FUNDS: Fiscal Year 1983-84 Capital Improvement funds and property owner assessments (Special Improvement District).
DISCUSSION: Curb and Gutter Special Improvement District No. 38-723 is comprised of numerous residential streets in the southeast and northwest portions of the City. The project will consist of the construction of curb and gutter, sidewalks, roadways, and drainage facilities. Because the administration has not prepared the FY 1983/84 budget, it is unknown if funding for the improvement district will be adequate for construction of the entire project during the summer of 1983. If sufficient funds cannot be allocated from the FY 83/84 budget, the district may have to be constructed over a two-year period in separate contracts. If so, additional funding will have to be allocated from the 1984/85 Capital Improvement Funds. Also, if the district is constructed over two years, the City will only assess the abutting property owner at the rate established in the first construction contract. Any increase in the original assessment rate due to inflation over the two-year period will be borne by the City. The total revised estimated cost of the City’s portion for construction in 1983 of the project is $428,594. It is intended to bid the project this spring with the majority of the construction to take place during the summer of 1983.
A provision will be made in the construction contract to allow delaying the contract award until July 1, 1983, when funds for construction become available. Rick Johnston, Deputy City Engineer, stated that both the project and the protests have been reviewed by the Council committee. The original protest rate for the district was 36%. Mr. Johnston briefly summarized the district: Linden Avenue between 700 and 800 East and Lowell Avenue between 900 and 1000 East are recommended for elimination from the district because the protest rate exceeds 50%. On Wasatch Drive, it is recommended that only the south portion, south of Skyline Drive, be included; the protest rate for the area north of Skyline Drive was excessive.
On Parkway Avenue the majority of the protests were against construction of sidewalk. On 1300 South the original protest rate was above 50% but after discussion with the property owners it was determined that if the sidewalk on the north side of 1300 South could be deleted then they would rescind their protest; the protest rate is 19% for that street. On Princeton, the street was originally protested out but one of the property owners rescinded her protest and reduced the protest rate to 25%. On 900 West the original limits were from 500 to 1000 North; the limits will be reduced to between 600 North and 900 North which reduces the protest rate to 28%.
Mr. Johnston concluded by stating that based on these adjustments it is recommended that the district be approved. He stated that construction would not begin prior to July 1, 1983. Councilmember Davis stated that if the Council did not approve funds for the full amount then some of the areas could not be improved; she asked which sections would be deleted. Mr. Johnston stated that if only a portion of the money is allocated then priorities will have to be addressed at that time.
Cal Schneller, 1061 Princeton, stated that he questioned whether 07 not 25% protest rate was accurate for Princeton Avenue. He stated that although there are 11 properties, five out of the nine property owners are against this project. He felt that the existing curb was adequate; there is no flooding in the area. He stated that the City could better spend the money in other areas that do not have sidewalks or curb and gutter. Councilmember Mabey stated that the protest rate is figured according to front footage and not the number of residents protesting. Councilmember Shearer asked if Princeton Avenue could be deleted from the project if sufficient funds were not appropriated for the Special Improvement District. She stated that the worst part of the street is in front of Inglewood Park, the remainder is not too bad.
Councilmember Whitehead moved and Councilmember Mabey seconded to adopt Resolution 8 of 1983 (subject to technical review) creating Special Improvement District No. 38-723 and authorizing the advertising for construction bids when the plans are complete, which motion carried, all members voting aye.
Councilmember Shearer moved and Councilmember Whitehead seconded that if sufficient funds are not appropriated or available for the completion of Special Improvement District 38-723, then Princeton Avenue will be the first area deleted from the project, which motion carried, all members voting aye.
(Q 82-32)
The meeting adjourned at 6:55 p.m.