PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, JANUARY 18, 1983
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, JANUARY 18, 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 GRANT MABEY IONE M. DAVIS SYDNEY R. FONNESBECK EDWARD W. PARKER PALMER DEPAULIS.
Council Chairman Grant Mabey presided and conducted this meeting.
POLICY SESSION
Leigh von der Esch briefed the Council on items appearing on their agenda. The Council discussed a number of scheduling items and decided to hold the City-wide goals discussion and Wild Wave Master Plan presentation on February 3, the discussion of the purchase of a merry-go-round for Liberty Park on January 20, and the Council retreat on March 5. Albert Haines briefed the Council on the status of the administration’s compliance with the Council’s legislative intents. He requested clarification of the Council’s meaning in the intent dealing with a 10% reduction in the cost of personnel services.
Councilmember Shearer indicated that it was the Council’s feeling that too much time was spent within departments dealing with personnel matters and that there might be some overlap between the Personnel Department’s jurisdiction and the work done within the departments. Mr. Haines indicated that the administration would comply with this intent. Mr. Haines indicated that the intent concerning repair of the gas leak at the Metropolitan Hall of Justice had been complied with. The cost to repair the leak was $6,200 rather than the $112,500 which had been anticipated.
Mr. Haines indicated that the intent concerning the amount spent by Citizens Participation for printing had been reduced for all departments except the City Council. The Council’s costs will probably not decrease because of the constituent mailings done by Citizens Participation for the Council. Councilmember Fonnesbeck mentioned that many of the mailings charged to the Council are not initiated by the Council Members but by Citizens Participation out of courtesy. Mr. Haines indicated that the Wild Wave debt had not been forgiven, but that the interest on the debt for FY 1982-83 had been forgiven. The reimbursement to the General Fund is still expected from Wild Wave revenues.
The Council’s legislative intent concerning the City Attorney’s Office and level of service rendered was discussed. Mr. Haines indicated that he and Roger Cutler had intended to fulfill the intent through internal reorganization and efficiency, but that the amount of litigation made any improvement in the level of service impossible. There will be a request in the 1983-84 budget for funds to hire an additional attorney to ease the workload problem in the City Attorney’s Office and comply with this intent. Councilmember Davis inquired about a response to the accusations made against the Animal Control Shelter by the Humane Society. Ms. von der Esch indicated that the Animal Control Department was trying to make necessary changes before responding and would reply to the letter when sufficient progress had been made. Ms. Davis asked Mr. Haines if he would follow through on the improvements as noted by the Humane Society.
Councilmember Fonnesbeck briefed the Council on a meeting held in the Mayor’s Office on Arthur Young Company’s privatization plan for the 201 sewage treatment facility. She indicated that if the privatization plan proves feasible, the 201 plant could be built within a shorter time frame and at a reduced cost. The appointment of a representative from the Council to attend Council of Governments meetings was discussed. Councilmember Fonnesbeck indicated she would be able to attend most meetings. It was determined that on occasions when she cannot attend she will request the attendance of another Council Member.
Ms. von der Esch informed the Council that the Sugarhouse Beautification Special Improvement District would be on the Council’s agenda on February 1. The Council will be asked to approve a resolution of intent to establish the district on that date.
The policy session adjourned at 5:55 p.m.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, JANUARY 18, 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 M. DAVIS SYDNEY R. FONNESBECK EDWARD W. PARKER PALMER DEPAULIS.
Mayor Ted Wilson, Albert E. Haines, Chief Administrative Officer, and Walter Miller, Deputy City Attorney, were present at the meeting.
Council Chairman Grant Mabey presided at and conducted this meeting.
Invocation was given by Police Chaplain Royal Ewing.
Pledge of Allegiance.
Approval of Minutes:
Councilmember Shearer moved and Councilmember Parker seconded to approve the minutes of the regular meeting of the Salt Lake City Councf held Tuesday, January 11, 1983, which motion carried, all members voting aye.
(M 83-1)
Special Recognition:
Councilmember Mabey read a proclamation expressing appreciation to Woodrow Walton for his 30 years of service to Salt Lake City Corporation. Mr. Walton stated that he appreciated this recognition and he had enjoyed working for Salt Lake City. Mayor Wilson stated that Mr. Walton deserves congratulations. Mr. Walton worked hard for Salt Lake City and his foresight in assembling the necessary land to permit the expansion and growth of the Salt Lake City International Airport was one of the finest jobs done.
Councilmember DePaulis moved and Councilmember Shearer seconded to accept the proclamation, which motion carried, all members voting aye.
(G 83-2)
PETITIONS
Petition 400-26 of 1983 submitted by Robert Koyen, Jr.
RE: Requesting that property located at Chicago Street, west side, and 1100 North, south side be rezoned from “R-2” to “R-6” classification.
RECOMMENDATION: Set a public hearing for February 8, 1983 at 7:15 p.m., or following the last scheduled hearing, to consider this petition.
DISCUSSION: Although the petition requests “R-6” zoning, it is recommended to advertise the public hearing to include consideration of rezoning from “R-2” to “R-6”, “R-5”, “R-4” or “R-3A”.
Councilmember Shearer moved and Councilmember Fonnesbeck seconded to schedule a public hearing for February 8, 1983 at 7:15 p.m. to consider Petition 400-26 of 1983, which motion carried, all members voting aye.
(P 83-2)
Petitions 94, 180, 203, 277, and 288 of 1982.
RE: Northwest Quadrant Annexation.
RECOMMENDATION: Adopt an ordinance extending the limits of Salt Lake City to include the “Northwest Quadrant Annex #1”; zoning the same Industrial “M-lA” and Agricultural “A-l” by amending the use district map as adopted by Section 51-12-2 of the Revised Ordinances of Salt Lake City, Utah, 1965; and specifying conditions of said annexation. Craig Peterson, Director of Development Services, stated that the plat is in the process of being prepared and once it is completed the ordinance will be published. Mr. Peterson referred the Council’s attention to Section 4 of the ordinance to address concerns they had about cost of the annexation. He stated that the intent is to begin doing a good cost analysis and proposal so that the cost of the annexation will be paid by the development community of that area. Mr. Peterson commented on the City’s relationship with Salt Lake County, in terms of this annexation, by stating that a proposed agreement has been received from Salt Lake County and this will be brought before the Council as a separate issue.
Councilmember Shearer moved and Councilmember DePaulis seconded to adopt Ordinance 3 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 BUSINESS
DEVELOPMENT SERVICES
#1. RE: Ordinance amending Section 51-32-2(4)(b) of the Revised Ordinances of Salt Lake City, Utah, relating to Historic District and Landmark Sites, City Historic Register.
RECOMMENDATION: Adopt the ordinance which adds the Forest Dale Golf Course Club House, Leffler-Woodman Building, 29th Ward Assembly Hall, Fire Station #8, and the Royle Home to the Historic Register.
Councilmember Shearer moved and Councilmember Fonnesbeck seconded to adopt Ordinance 4 of 1983, regarding Historic Districts and Landmark Sites - City Historic Register, which motion carried, all members voting aye.
(L 82-7)
FINANCE AND ADMINISTRATIVE SERVICES
#1. RE: Industrial revenue bond application: Commercial Security Bancorporation.
RECOMMENDATION: That the Council consider the approval of an inducement resolution for an industrial revenue bond for Commercial Security Bank (CSB), in the amount of $4,000,000, subject to the following conditions: 1. That the City Attorney approve the resolution as to form. 2. That the application meet all necessary financial requirements of the City. 3. That Commercial Security Bancorporation (CSB) pay the established non-refundable fee for processing.
DISCUSSION: The applicant proposes the purchasing of land and construction and equipping of a building to house the centralized operations of CSB and its subsidiaries at approximately 1920 West North Temple. The proposed project would consolidate certain activities currently located in two counties.
Without objection, Council Chairman Mabey scheduled a public hearing for February 8, 1983 at 7:30 p.m. to discuss this request and also referred the industrial revenue bond application to the Budget/Finance and Administration Committee for February 10, 1983.
(Q 83-2)
OFFICE OF THE MAYOR
#1. RE: Consider and approve the reappointment of Sam Harman and Lynn M. Thatcher to two-year terms on the Salt Lake City Mosquito Abatement District Board.
DISCUSSION: Submitted is a letter from Wilbur C. Parkinson, President of the Board of Trustees of the Salt Lake City Mosquito Abatement District, recommending the reappointment of Sam Harman and Lynn M. Thatcher for another two year term on the Board. The present terms expire December 31, 1982 and the reappointment would be to December 31, 1984.
Councilmember Shearer moved and Councilmember Fonnesbeck seconded to approve the appointment of Sam Harman and Lynn Thatcher to the Mosquito Abatement District Board subject to the receipt of financial disclosure statements, which motion carried, all members voting aye.
(I 83-1)
PARKS DEPARTMENT
#1. RE: Amendments to Section 6-1-10 of the Revised Ordinances of Salt Lake City, Utah, relating to planting at the City Cemetery.
RECOMMENDATION: That the Council adopt the proposed ordinance.
DISCUSSION: It is felt that under the current arrangement, too much flexibility is given patrons in the type of material they are planting. Some ask to plant flowers and proceed to plant award winning rose gardens. Once permission is given, it is very difficult to monitor the results. At present the cemetery maintenance crews are involved in a massive cleanup and removal campaign. Because of the many years of uncontrolled planting the maintenance division suffers costly, time-consuming hardships. It is felt that the Parks Department should have the final say of what should or should not be planted in the cemetery and still be able to maintain the special, personal beauty of the area. Salt Lake City Cemetery is the last cemetery in the area to prohibit planting.
Councilmember Shearer moved and Councilmember Fonnesbeck seconded to adopt Ordinance 5 of 1983, regarding planting at the City Cemetery, which motion carried, all members voting aye.
(O 83-3)
PERSONNEL DEPARTMENT
#1. RE: Proposed changes in AFSCME Memorandum of Understanding.
RECOMMENDATION: That the Council approve changes in the current AFSCME Memorandum of Understanding regarding pension contribution and wages.
AVAILABILITY OF FUNDS: Funds are available in the 1982-83 approved budget.
DISCUSSION: The representative of the employees covered by the AFSCME Memorandum of Understanding has requested that the City pick up the employees’ total retirement contribution in lieu of the agreed-upon 4% increase in salary scheduled to go into effect January 1, 1983. This will give the employees more take-home dollars without costing the City any additional funds. The Attorney’s Office has prepared the necessary documents to effectuate the proposed changes in the Memorandum of Understanding.
Councilmember Parker moved and Councilmember Fonnesbeck seconded to adopt Resolution 3 of 1983, amending the AFSCME Memorandum of Understanding to reflect the city’s assumption of the employees’ retirement contribution in lieu of the scheduled 4% increase as of January 1, 1983, which motion carried, all members voting aye.
(C 83-8)
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 wants 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. Wendel Evensen, Superintendent of Water Supply and Waterworks, stated that the equipment will be added to the existing weather station. The equipment will be visible from the road but is not as tall as the main part of the building. Council Chairman Mabey referred this matter to the consent agenda for February 1, 1983; referred without objection.
(C 83-7)
PUBLIC WORKS
#1. RE: Salt Lake Valley Solid Waste Management Council budget.
RECOMMENDATION: Approval of the Landfill Council budget in accordance with the terms setforth in the Landfill Interlocal Cooperative Agreement.
AVAILABILITY OF FUNDS: The funds for the 1983 landfill budget are totally received from charges made by use of the landfill.
DISCUSSION: The landfill budget for 1983 is less than 1982 due to these factors: 1. In 1982, significant restoration work was done on two former landfill parcels (line item 731 103), requiring extensive purchasing, hauling, and grading of soil. The funds for this were taken from a reserve account which has been established for that purpose. 2. 31 additional acres of land were purchased in 1982 (line item 712 000). 3. The 1982 budget contained many items incident to relocating the landfill entrance and access roads which will not be required again in 1983.
The landfill is operated on an enterprise fund basis; funds do not transfer through the City budgeting process. The Salt Lake County Commission has approved this budget, however, the concurrence of the Salt Lake City Council is required. Jim Talebreza, Director of Public Works, stated that the landfill is operated jointly by the City and the county. The county has already adopted the budget and now the City Council must approve the budget. Councilmember Davis stated that there were questions about how the funds are collected at the landfill and there were also questions about the hours of operation. Councilmember Mabey said these and other questions would be addressed in a committee meeting. Councilmember DePaulis stated that the Council did not have a problem with the budget.
Councilmember Whitehead moved and Councilmember Parker seconded to approve the Landfill Council budget in accordance with the Landfill Interlocal Cooperation Agreement, which motion carried, all members voting aye.
(B 83-1)
PUBLIC HEARINGS
Special Improvement District No. 38-681.
RE: Proposed creation of Special Improvement District 138-68l which includes property from 200 East to 400 West on 1300 South.
A public hearing was held before the Salt Lake City Council at 6:00 p.m. to discuss SID 38-681. Jerry Lyons, engineering department, stated that protests had been received and a preliminary list of the protests had been compiled. It was found that 43.3% protested against this special improvement district; protests came primarily from property owners at the west end of the project. Mr. Lyons stated that this project would solve drainage problems along 1300 South. The estimated abutters’ portion for this project is $172,000 and the estimated City’s portion is $3.5 million. Mr. Lyons stated that the Council can adjust the boundaries if they choose but this is not recommended; recommendations will be brought before the Council in their Thursday meeting. Ted Brown, 234 West 1300 South, stated that some of the property owners feel that the cost of the improvement district is not for the benefit of the property owners but for the public generally and, therefore, the expense should not be assessed to the property owners. Others feel that their property will become useless if the property is encroached upon and there is no front parking. Councilmember Shearer asked if the plan was to widen the street at that point (the area of Mr. Brown’s property). Councilmember Mabey stated that the street would go almost to the sidewalk and there would be very little space left for parking.
Mr. Lyons stated that some parcels are impacted more than others concerning parking and he stated that the property owners were welcome to come and talk with the engineering department about this. He stated that there should be room for parallel parking; some of the problems have been alleviated for a large majority of the parcels. Councilmember Mabey invited the property owners to attend the meeting to be held Thursday, January 20, 1983 when this issue will be discussed again in committee. Jim Talebreza, Director of Public Works, stated that all pertinent information would be provided at the meeting.
Jay Liljenquist stated that there were 39 parcels of property included and more than 20 people had signed petitions against this SID so it seemed that there was 51% against. He felt the City was forcing this improvement on the owners. Councilmember Fonnesbeck stated that the percentage is figured on a footage basis and not on an ownership basis.
Councilmember Whitehead moved and Councilmember Fonnesbeck seconded to close the public hearing, which motion carried, all members voting aye.
Councilmember Shearer stated that the Public Improvements Committee would meet on Thursday, January 20, 1983 at 6:00 p.m. in Room 211 of the City and County Building, to discuss this issue. Council Chairman Mabey referred Special Improvement District 38-681 to the Public Improvements Committee for Thursday, January 20, 1983; referred without objection.
(Q 82-34)
Special Improvement District No. 38-686.
RE: The proposed creation of Special Improvement District #38-686 which includes property from 700 East to 1300 East on 1300 South.
A public hearing was held before the Salt Lake City Council at 6:00 p.m. to discuss this issue. Jerry Lyons, engineering department, stated that protests had been received and a list was compiled showing that 7.8% protested against this project. He also stated that this SID would be discussed at the Council committee meeting on January 20, 1983. Bill Tobey, 1057 East 1300 South, stated that some of the property owners had not been notified and he felt that a more thorough canvassing would be in order. Vivian Perkins, 1061 East 1300 South, stated that she had not been notified about this project. She stated that she was against this project because there are many people at this time who cannot afford to pay for the project.
Councilmember Whitehead moved and Councilmember Parker seconded to close the public hearing, which motion carried, all members voting aye.
Council Chairman Mabey referred Special Improvement District 38-686 to the Public Improvements Committee for Thursday, January 20, 1983; referred without objection.
(Q 82-35)
1982-1983 Budget Amendment.
RE: A resolution amending the Fiscal Year 1982-83 budget.
A public hearing was held before the Salt Lake City Council to discuss this issue. Albert Haines, Chief Administrative Officer, stated that some problems in the public works department were not being included in the appropriation changes this year. There have been some situations in the department which were unforeseen and it may be necessary prior to the end of this fiscal year to address the potential funding problems for some of these emergency items (winter and the flooding in September). If the department is unable to make internal adjustments to cover the unanticipated expenses, the Council will be asked to approve a contingency transfer.
Mr. Haines further stated that the amendments to the FY 1982-83 budget, as presented to the Council, represent offsetting revenue and expenditures. Jim McGuire, Office of Budget and Management Planning, outlined the proposed budget amendments (this information is on file in the Office of the City Recorder). General Fund: An increase of $8,275 is proposed; this is grant revenue within the police and fire departments. Golf Course Fund: Some improvements were not completed last year at Nibley Park and it is requested that the funds be rebudgeted out of fund balance; also a driving range fence installed at Nibley and a study of alternative ways of watering the golf courses would be completed with funds to be taken from golf course fund balance.
Councilmember Davis stated that information from the Parks Department indicated that money had not been budgeted for the driving range fence at Nibley Park; she wondered if these types of items were not budgeted for at the beginning of the year. Rick Graham, parks department, stated that he thought this fence was constructed sooner than anticipated; since the new fairway came into being, it was necessary to install the fence to get the revenue. Councilmember Shearer stated that she had a concern regarding the clubhouse at Nibley Park. Improvements were budgeted for last year but no funds were carried over into this year’s budget and $88,000 has been spent out of the 1982-83 budget; Ms. Shearer wondered what happened to the money from last year because three years ago this was budgeted in the capital project fund. Mr. McGuire stated that specifically last year, as a budget amendment, money was taken from fund balance in the golf course fund to complete the clubhouse and so it was budgeted in the golf course fund, which lapses at year’s end, and was not budgeted in the capital projects fund. Councilmember Shearer asked if the Council could have a list of capital projects that have their own funds.
Lance Bateman, City Controller, stated that capital improvements are accounted for in the enterprise funds where they belong; enterprise funds have to rebudget each year. The Council will get a report showing the projects and each fund where they are budgeted. Councilmember Shearer was concerned that the Council was not given a list of capital projects budgeted for in the enterprise funds or a list of projects being deleted. Mr. Haines stated that the budget document does not specify specific projects for the enterprise funds but in the past, the projects have been presented, as line items, to the Council.
Mr. Haines thought that perhaps the same approach could be used with enterprise funds and their capital projects as is used with general fund projects. Mr. McGuire continued with the budget amendments: Airport: In addition to adjustments in capital projects, there are also operating expense increases. Louis Miller, Airport Director, stated that the airport was deleting a parking structure and a few small related projects. Councilmember Whitehead asked Mr. Miller why the revenue from parking at the airport was down. Mr. Miller stated that they were anticipating an increase in parking created by Western Airlines’ hub operation and it did not increase.
CDBG Operating Fund: The fund is being increased by $1,204,772, allocating program income (which was not previously budgeted but which is being received, or is anticipated to be received, during this fiscal year from projects that generate that kind of income) to a number of projects: $878,993 to housing rehabilitation, $221,000 to land write down, $80,000 to housing authority operations support, $24,779 to the repair and demolition fund.
Data Processing: Proposing to take $57,650 from fund balance to cover increased administrative service fees being charged by the general fund to the data processing fund above the amount that was originally budgeted. Fleet Management: Replace vehicles that are currently being used by the fire department which are not adequate for suppressing fires in the foothills; receive an estimated revenue of $80,000 from the sale of vehicles, this money to be used to purchase four vehicles for use in the foothills.
Historic Preservation Strategy Fund: Bringing a grant and private contributions into the budget for completion of a redevelopment historic preservation strategy for the City. Rose Park Disposal Area Monitoring Fund: Taking funds from contingency that were transferred to public works and establishing a separate fund with the $45,000 and a like amount to be received from AMOCO for the 30-year monitoring process at the disposal area. Councilmember Shearer asked if this was to be appropriated annually; Mr. McGuire stated that this will automatically be carried over annually. Water Utility Fund: Grant revenues are being brought in and some fund balance is being used to fund capital improvement projects. Sewer Utility Fund: Using revenue from sales, grant revenue, and fund balance revenue for capital expenditures and implementing the provisions of the pretreatment ordinance ($105,000) and for engineering costs on the 201 Facility plan ($150,000).
Capital Projects Fund: $80,000 being budgeted in development services; $30,000 of that has been received as private contributions for improvements on Beldon/Stanton; $50,000 is program income in the CDBG program to be used for the Jefferson Circle infill housing site improvements. In the parks department there is a $581,800 increase; $435,000 is UPAR monies which are being brought into the budget for the first time, $146,800 for improvements at Fault Line Gardens. Doug Carlson, Capital Planning and Programming, stated that UPAR funds were being expended on Fairmont Park and Pioneer Park; these projects will use the entire amount.
Mr. McGuire stated that the final entry in the capital projects fund is an increase of $1,011,500 in the public works department. The following is being proposed: An additional $838,500 will be received from county flood control above what was anticipated in the budget. Because of the work that will be conducted on 1300 South, the county felt this had county-wide impact and, therefore, gave the City additional money. Also $173,000 abutters’ share has been brought into the project. All of the projects included in the capital improvement program for 1982-83 that are funded by county flood control funds will be delayed one year because the money will be used on the 1300 South project (except the Gateway Storm Drainage Master Plan will remain funded in 1982-83).
In addition, $473,952 is being taken from California Avenue to be applied to 1300 South; engineering work and right-of-way acquisition will only be completed for California Avenue this year. Councilmember Shearer stated that all the drainage projects in the capital projects fund are listed under public works department street improvements; Ms. Shearer asked why they were listed this way since there was a category entitled drainage improvement. Mr. McGuire stated that they did not want to break a project into two different programs and so it was left in street improvements because it is being done as an SID.
Mr. McGuire further stated that originally there were not sufficient funds under street improvements to do the drainage project; if the street improvements were made first, the street would have to be torn up later to do the drainage. Councilmember Davis stated that $203,000 listed under the capital improvement fund was received as private contributions; she asked for clarification. Mr. McGuire stated that $30,000 was for Beldon/Stanton street improvements (CDBG project); Mr. Carlson stated that the City vacated Oblad Street and in return the developers donated $30,000 to improve the turnarounds on both Beldon and Stanton Streets. Mr. McGuire stated that the remaining $173,000 is the abutters’ share for 1300 South. Mr. McGuire listed the projects that were being deleted in the capital improvement program that were scheduled in 1982-83 for funding with county flood control money: 1700 South storm drain from 700 West to 400 East ($750,000); drainage improvements on 1700 South and 1700 East, detention basin ($150,000); northwest storm drain ($250,000); oil drain siphon at the Jordan River ($175,000). These projects will be delayed for one year at the recommendation of the public works director. No one from the audience addressed this issue.
Councilmember Whitehead moved and Councilmember Fonnesbeck seconded to close the public hearing, which motion carried, all members voting aye.
Councilmember Whitehead moved and Councilmember Shearer seconded to adopt Resolution 4 of 1983 amending budgets of Salt Lake City, Utah, for the fiscal year beginning July 1, 1982 and ending June 30, 1983, which motion carried, all members voting aye.
The meeting adjourned at 7:45 p.m.