PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, JANUARY 5, 1982
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, JANUARY 5, 1982, 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 Chairperson Sydney R. Fonnesbeck conducted the meeting.
CONSENT AND POLICY
Leigh von der Esch briefed the Council on items scheduled for the Council meeting scheduled at 6:00 p.m. The new agenda format was discussed and explained. The Council discussed the format of the Parks Department audit that was prepared by the Office of Management and Budget. The consensus was that the audit was too qualitative to be effective. This concern was deferred to the 6:00 p.m. Council meeting for discussion with the Mayor; and recommended for discussion with Albert Haines. Revisions will be requested.
Dave Spatafore has requested that any Council Member interested in discussing legislative matters contact him as soon as possible as plans are underway for the budget session of the Utah State Legislature. Jim Talebreza and Rick Johnston discussed an alternative method of assessing property owners for improvements that would involve changing the assessment ratio from 40% City and 60% property owner to 60% City and 40% property owner. It is hoped that this plan will encourage more property owners to join special improvement districts which will allow more improvements to be made.
The Council adjourned at 5:55 p.m. to begin the Council meeting in room 301.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, JANUARY 5, 1982, 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 L. Wilson and Roger Cutler, City Attorney, were present at this meeting.
Council Chairperson Sydney R. Fonnesbeck presided at and conducted the meeting.
Pledge of Allegiance.
Invocation was given by Police Chaplain Kent Goble.
From City Council:
Councilmember Shearer moved and Councilmember Whitehead seconded to approve the minutes of the regular meeting of the Salt Lake City Council for its meeting held Tuesday, December 15, 1981 and Thursday, December 17, 1981, which motion carried, all members voting aye.
M 82-2
PETITIONS
325 of 1977, 383 of 1978, 909 of 1978 submitted as Pappel Annexation.
The Pappel Annexation combines Petitions 325 of 1977, 383 of 1978, and 909 of 1978, submitted respectively by Atom Plumbing, Kim-Khanh Nguyen, and James T. Larkin. The petitions deal with the annexation of an island of unincorporated property located at approximately 900-1045 West between 1700 South and 2100 South Streets. A public hearing on this matter was held before the Salt Lake City Council on November 17, 1981, and at that time was referred to the Land Use Committee.
The Land Use Committee reported that after meeting, the decision was that this property should be annexed to Salt Lake City. Councilmember Davis asked Roger Cutler how soon an ordinance could be prepared accomplishing this annexation. Mr. Cutler stated that this could probably he done within a week or ten days; however, he stated that there may be a problem getting a legal description. Councilmember Shearer stated that by being annexed the property owners would have to comply with City standards (such as water and sewer lines). She asked how this would be accomplished. Mr. Cutler stated that if water and sewer lines were available in the area then the property can be connected; but if not, then a special improvement district would probably be created.
Councilmember Davis moved and Councilmember Mabey seconded to approve the request to annex the island of unincorporated property located at approximately 900 to 1045 West between 1700 and 2100 South Streets and the City Attorney’s Office should prepare the necessary ordinance, which motion carried, all members voting aye.
P 82-1
575 of 1981 submitted by Robert Wiltshire
This petition requests the rezoning of the properties on the northeast corner of North Main and Hillside Avenue from Residential “R-5A” and “R-4” to a Residential “R-2” classification.
Councilmember Shearer moved and Councilmember Whitehead seconded to reschedule the public hearing set for Tuesday, February 9, 1982 to consider Petition 575 of 1981 from 8:00 p.m. to 6:00 p.m. which motion carried, all members voting aye.
P 82-5
FROM CITY ATTORNEY
RE: Proposed amendments to City Ordinances 20-3-14.1, 14.2, 20-3-14, and Section 6 of Bill 78 of 1951 relating to Revenue Tax on Business in competition with Public Utilities and Commercial Consumers of Gas and Electric Energy, Utility Revenue Tax and relating to certain franchise rights granted to Mountain States Telephone and Telegraph Company.
Councilmember Shearer moved and Councilmember Whitehead seconded to adopt the following ordinances: Ordinance 1 of 1982 relating to revenue tax on business in competition with public utilities and commercial consumers of gas or electric energy; Ordinance 2 of 1982 relating to utility revenue tax; Ordinance 3 of 1982 relating to certain franchise rights granted to Mountain States Telephone and Telegraph Company, which motion carried, all members voting aye. (98 of 1981)
O 82-15
RE: Proposed amendment to City ordinances adopting an employment staffing document for Salt Lake City.
RECOMMENDATION: That the City Council consider the proposed ordinance and employment staffing document for adoption.
DISCUSSION: During a recent City Council meeting, the Council and administration agreed that the City’s employment staffing document should be officially adopted by ordinance. The staff document has now been prepared by the Personnel Department.
Council Chairperson Fonnesbeck referred to the Personnel Committee the proposed amendment to City ordinances adopting an employment staffing document for Salt Lake City; referred without objection.
O 82-2
FROM CITY COUNCIL
RE: A resolution relating to the sale of surplus water.
Council Chairperson Fonnesbeck referred to the consent agenda for January 19, 1982, the resolution; referred without objection.
R 82-2
FROM DEVELOPMENT SERVICES
RE: Scheduling a date for a public hearing to receive public comment relating to projects to be funded with Community Development Block Grant 8th Year Funding. Recommended date is February 9, 1982 at 8:00 p.m.
Councilmember Shearer moved and Councilmember Whitehead seconded to schedule the public hearing for February 9, 1982 at 8:00 p.m., which motion carried, all members voting aye.
T 82-1
FROM FINANCE AND ADMINISTRATIVE SERVICES
RE: Industrial Revenue Bond application from M.H. Properties.
RECOMMENDATION: That the Council approve an Inducement Resolution for an Industrial Revenue Bond for M.H. Properties in the amount of $6,500,000 subject to the following conditions: That the City Attorney approve the resolution as to form; that the application meet all necessary financial requirements of the City; that M.H. Properties pay the established non-refundable fee for processing.
DISCUSSION: The applicant proposes to construct a six-story office building for rent to various firms to be located at 1245 Brickyard Road. Councilmember Davis stated that some of her constituents were concerned about which fire station would serve the area; the reply was that the Sugarhouse Fire Station would serve this area. The Developer of the project addressed the Council and stated that the plan had been before Planning and Zoning and the Board of Adjustment and approval was given to the building.
Councilmember Fonnesbeck brought a question before the Council about encouraging high-density office space outside the Central Business District. Councilmember Whitehead stated that he had the same thought except he felt a shopping center needs a high-rise building to help keep the shopping center viable. Councilmember Parker asked about the number of new employees and the square footage of the building. The Developer replied that the building would be 91,700 square feet with four people per 1000 square feet. The Developer was asked about the type of businesses which would occupy the building and he replied that professional businesses such as insurance companies would utilize the space.
Councilmember DePaulis stated that the overall plan of this area was to have mixed use of business and residences. The issue of traffic impact was briefly addressed and it was pointed out that a traffic light had recently been installed in that area. Councilmember Davis made a comment about the seemingly small number of shoppers at the Brickyard Mall.
Councilmember Shearer moved and Councilmember Parker seconded to adopt an Inducement Resolution, Resolution 1 of 1982, for an Industrial Revenue Bond for M.H. Properties in the amount of $6,500,000 for the construction of a six-story office building at 1245 Brickyard Road, which motion carried, all members voting aye. (99 of l981)
Q 82-6
RE: Industrial Revenue Bond application from The Aspen Group.
RECOMMENDATION: That the Council consider the approval of an Inducement Resolution for an Industrial Revenue Bond for The Aspen Group in the amount of $5,000,000 subject to the following conditions: That the City Attorney approve the resolution as to form; that the application meet all necessary financial requirements of the City; that The Aspen Group pay the established non-refundable fee for processing.
DISCUSSION: The applicant proposes to construct a 200,000 square foot industrial warehouse to be located at approximately 1700 South and 4200 West. Councilmember Shearer stated that this request is an industry; something that Salt Lake has tried to foster. She also stated that the building would be in an industrial area.
Councilmember Shearer moved and Councilmember Mabey seconded to adopt an Inducement Resolution, Resolution 2 of 1982, for an Industrial Revenue Bond for The Aspen Group in the amount of $5,000,000 to construct a 200,000 square foot industrial warehouse at 1700 South and 4200 West, which motion carried, all members voting aye. (100 of 1981)
Q 82-5
RE: Industrial Revenue Bond application for National Distribution Systems for $2,500,000. Council Chairperson Fonnesbeck referred to the Budget Committee the Industrial Revenue Bond application for National Distribution Systems; referred without objection.
Q 82-1
RE: Industrial Revenue Bond application for Milne Truck Lines, Inc. for $1,725,000. Council Chairperson Fonnesbeck referred to the Budget Committee the Industrial Revenue Bond application for Milne Truck Lines, Inc.; referred without objection.
Q 82-2
FROM FIRE DEPARTMENT
RE: Agreement between Salt Lake City Corporation and Riverton City wherein Salt Lake City will dispatch all alarms for fire and emergency medical for Riverton City.
RECOMMENDATION: That the agreement be approved.
DISCUSSION: The Salt Lake City Fire Department is presently dispatching for Riverton City per a previous agreement. Council Chairperson Fonnesbeck referred to the Public Safety Committee the agreement between Salt Lake City and Riverton City; referred without objection.
C 82-13
RE: Agreement between Salt Lake City Corporation and Sandy City, wherein Salt Lake City will dispatch all fire and medical alarms for Sandy City Fire Department.
RECOMMENDATION: That this agreement be approved.
DISCUSSION: Salt Lake City Fire Department is presently dispatching for Sandy City Fire Department per previous agreement. Council Chairperson Fonnesbeck referred to the Public Safety Committee the agreement between Salt Lake City and Sandy City; referred without objection.
C 82-14
FROM OFFICE OF BUDGET AND MANAGEMENT PLANNING
RE: City Council and Mayoral approval of Interlocal Cooperation Agreement between Salt Lake City and Salt Lake County for Community Development Block Grant participation in Capital Improvement Project.
RECOMMENDATION: That the City Council pass the resolution approving the Interlocal Cooperative Agreement and authorizing the Mayor to execute the Agreement on behalf of the City. It is also recommended that the Mayor approve and execute the said agreement.
AVAILABILITY OF FUNDS: The projects identified in this Agreement are included in Salt Lake City’s approved 1980 and 1981 Community Development Block Grant Program.
DISCUSSION: In this agreement, the County agrees to pay the City $147,000 from the County Community Development Block Grant (CDBG) Program. This sum represents the County’s total participation in two CDBG projects; Northwest Multi-Purpose Center Improvements (6th year) and the 10th East Senior Citizen Center Addition (7th year). According to the Agreement, the City will bill the County monthly for the County’s share of the cost incurred on the projects based on the percentage of the work completed. The term of the Agreement shall be for two years terminating June 30, 1983, which gives sufficient time for all construction to be completed. During the planning of the 6th and 7th year CDBG programs, the City made verbal agreements with the County CDBG program for joint funding. This contract enables the County to make disbursement to the City upon completion of the work.
Councilmember Shearer moved and Councilmember Whitehead seconded to adopt Resolution 3 of 1982 authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City Corporation and Salt Lake County, which motion carried, all members voting aye. (55 of l98l)
C 82-43
RE: Public hearings requested for the Sugarhouse Urban Development Action Grant (UDAG) application.
RECOMMENDATION: That the City Council hold a public hearing on January 12 to discuss the need for a UDAG, and that the Council also hold a special public hearing on January 19 to discuss the completed application. It is also recommended that the Council authorize the Mayor to sign and submit the UDAG application to HUD upon their approval of the document.
DISCUSSION: The Office of Budget and Management Planning has been requested by the Mayor’s Office to prepare a UDAG application for the Sugarhouse Redevelopment Project. HUD regulations require two public hearings prior to submittal of the application. Applications are submitted to HUD on a quarterly basis and the deadline for this quarter is January 31. Without the two public hearings held in January, the application submittal will be delayed three months.
Councilmember Shearer moved and Councilmember Whitehead seconded to schedule a public hearing for January 12, 1982 at 6:00 p.m. and a public hearing for January 19, 1982 at 7:00 p.m. to discuss Sugarhouse Urban Development Action Grant application, which motion carried, all members voting aye.
T 82-2
FROM OFFICE OF THE MAYOR
RE: Recommendation from Kathy Wacker, Chairman of the Planning and Zoning Commission, that Robert Lewis be appointed to fill the remainder of Herman Hogensen’s term as the Commission’s representative on the Board of Adjustment.
Council Chairperson Fonnesbeck referred to the consent agenda for January 19, 1982, the recommendation to appoint Robert Lewis as the Planning and Zoning Commission’s representative on the Board of Adjustment; the appropriate financial forms must be in order by the 19th. This matter was referred without objection.
I 82-2
RE: The term of office for the Salt Lake City Mosquito Abatement District Board of Trustees will expire December 31, 1981 for the following Board members: Joseph S. Fenton, Wilbur Parkinson, Jim Talebreza. These men have been very active in their responsibilities on the Board and have indicated their willingness to serve another two years. It is recommended that their terms be extended to December 31, 1983.
Council Chairperson Fonnesbeck referred to the consent agenda for January 19, 1982, the recommendation to extend the terms of Joseph S. Fenton, Wilbur Parkinson, and Jim Talebreza as members of the Salt Lake City Mosquito Abatement District Board of Trustee; the appropriate financial forms must be in order by the 19th. This matter was referred without objection.
I 82-3
RE: Howard Dunn’s term on the Board of Adjustment is up at the end of December and he has expressed his willingness to serve another term. His experience and judgment have been invaluable and it is recommended that he be re-appointed to serve a second full term.
Council Chairperson Fonnesbeck referred to the consent agenda for January 19, 1982, the recommendation that Howard Dunn serve a second full term on the Board of Adjustment; the appropriate financial forms must be in order by the 19th. This matter was referred without objection.
I 82-4
RE: The recommendation of the Golf Advisory Board regarding suggested increases in the fees for the City golf courses has been reviewed and essentially concurred with except for the proposed increase in the rate for senior citizens. However, Salt Lake County has recently increased their senior citizen pass to $125. Careful review should be given as to the potential problems associated with a discrepancy between City and County fees. It is recommended that the City Council hold a public hearing on this proposal as quickly as possible so the golf passes can be available to the public for the 1982 season.
Councilmember Shearer moved and Councilmember Whitehead seconded to schedule a date for a public hearing to consider suggested increases in the fees for City golf courses. The recommendation is to schedule this item in conjunction with the budget hearing on Tuesday, January 26, 1982 at 6:45 p.m., which motion carried, all members voting aye.
O 82-3
FROM PUBLIC UTILITIES
RE: Interlocal Agreement to conduct groundwater study.
RECOMMENDATION: Enter into an agreement with the Salt Lake County Water Conservancy District to participate in the Salt Lake Valley basin groundwater study.
AVAILABILITY OF FUNDS: The City will participate in the cost of the study by paying $1 per acre foot assessment of water withdrawn from the basin. The first year assessment will be $12,895 and paid from the water utility fund.
DISCUSSION: In order to determine the safe yield of groundwater from the Salt Lake Valley and to develop a computerized model to manage this valuable resource, the United States Geological Survey and the Utah State Division of Water Rights are conducting a comprehensive groundwater study including water quality and quantity parameters. The federal government will fund 50 percent of the study with local agencies funding the remaining 50 percent. The local share of the funds involved is being paid by the major groundwater users in the Salt Lake Valley at the rate of $1 per acre foot of groundwater pumped from the basin. The Salt Lake County Water Conservancy District has agreed to act as the local contractor with the federal government to conduct this study. The other county agencies have entered into similar agreements with the Conservancy District for their share of the costs.
Inasmuch as Salt Lake City has a major interest in the groundwater supply, it is recommended that the City enter into this agreement and participate in the cost to conduct this study, and that the Mayor and City Recorder execute this agreement in behalf of Salt Lake City Corporation. Councilmember Whitehead explained that the study will determine the availability of ground water beneath the entire valley. Councilmember Davis asked how much money and time this study would take. Wendell Evenson from the Water Department replied that the study was a four-year study and there would be about a $12,000 annual share. Councilmember Shearer commented that a computer model would be built so that the impact of drilling new wells could be seen.
Councilmember Whitehead moved and Councilmember Mabey seconded to adopt Resolution 4 of 1982 authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City Corporation and Salt Lake County Water Conservancy District, which motion carried, all members voting aye. (202 of 1981)
C 82-41
RE: “Memorandum of Understanding” between Salt Lake City corporation and Wasatch-Cache National Forest Service, U.S. Department of Agriculture.
RECOMMENDATION: That the Council approve the “Memorandum of Understanding” between Salt Lake City Corporation, Department of Public Utilities, and the Forest Service in managing the City’s watersheds.
DISCUSSION: For many years the Salt Lake City Water Department and the Forest Service have cooperated in managing the City’s watersheds in Little Cottonwood, Big Cottonwood, Mill Creek, Neff’s, Dell, Parley’s, Emigration and City Creek Canyons. This cooperation has its basis from a federal act of September 19, 1914, which sets Forest Service lands (principally in Big and Little Cottonwood Canyons) aside as municipal water supply reserve for Salt Lake City. The Forest Service has honored the City’s extra-territorial jurisdiction to enforce watershed ordinances in protecting the City’s water supply from pollution and the City, in turn, has managed the watersheds consistent with the Forest Service’s multiple-use policy. Inasmuch as in the past this cooperation has been accomplished without a formal agreement, the management in the Department of Public Utilities and the Forest Service have agreed that a formal “Memorandum of Understanding” will be beneficial to both agencies in order to delineate areas of management responsibility. The “Memorandum of Understanding” covers a wide range of specific items which are spelled out in the document and will provide for the long-range management and protection of the City’s watersheds and water supply.
Councilmember Shearer moved and Councilmember Whitehead seconded to adopt Resolution 5 of 1982 authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City Corporation and Wasatch-Cache National Forest, Forest Service, United States Department of Agriculture, which motion carried, all members voting aye. (214 of 1981)
C 82-42
FROM PUBLIC WORKS
RE: Board of Equalization meetings for Curb & Gutter Extension No. 38-533, Avenues non-contiguous streets.
RECOMMENDATION: Adoption of the ordinance confirming assessment rolls and levying tax for Special Improvement District No. 38-533.
AVAILABILITY OF FUNDS: Property owner assessment.
DISCUSSION: On August 18, 1981 recommendations were brought before City Council to accept the recommendations of the Board of Equalization regarding the proposed assessments to be levied on Curb and Gutter Extension No. 38-533, and recommending adoption of the ordinance confirming the assessment rolls and levying a tax providing for assessment of property in this district. City Council acting as the Board of Equalization adopted the first recommendation which accepted the recommendation to the Board of Equalization. However, due to concerns registered by members of the City Council there was no adoption of the actual ordinance.
Council was concerned that several of the complaints registered in the Board of Equalization concerned poor concrete quality and the fact that there were numerous areas on the project where curb and gutter, sidewalk, and/or a driveway needed to be repaired or replaced. Although the contractor had previously committed verbally to making such repairs, no actual action had taken place. Since that time the City has placed the contractor’s bond on default due to his lack of response toward correction of the defective work.
The Public Works Department has also contracted with another contractor, Gibbons and Reed Company, to perform the necessary concrete repair and replacement, and they have completed all concrete replacement on the project. Due to the approaching winter season it does not appear that they will be able to complete the concrete repair portion of the project this year. However, they are under contract to finish up the repair in the spring of next year. The City is currently paying interest on the interim warrants for this project and will continue to pay said interest until the ordinance levying the tax is confirmed by City Council. It is therefore advisable that this matter be cleared up as quickly as possible. Since positive action has occurred to replace or repair all defective concrete, and to correct other deficiencies brought up in the Board of Adjustment, it is recommended that City Council adopt the ordinance confirming the assessment rolls and levying a tax providing for assessment of property in Curb and Gutter Extension No. 38-533.
Councilmember Shearer moved and Councilmember Whitehead seconded to adopt Ordinance 4 of 1982, confirming assessment rolls and levying tax for Special Improvement District #38-533, which motion carried, all members voting aye. (68 of 1981)
Q 82-4
RE: Resolution to create Curb & Gutter Extension No. 38-622, Sidewalk Beautification Project on Exchange Place and Cactus Place.
RECOMMENDATION: Adopt the resolution to create the Special Improvement District.
AVAILABILITY OF FUNDS: Property Owner Special Improvement
District.
DISCUSSION: The above Special Improvement District was constructed several years ago. On July 15, 16, and 17, 1980, Board of Equalization meetings were held before City Council. As the bonding attorney was preparing necessary resolutions and actions to go before Council to approve the levying of assessments for this district, he discovered that the actual creation of this district by ordinance never occurred. On June 5, 1979, the Board of City Commissioners approved this district and passed a motion directing the City Attorney to prepare an ordinance for its creation. However, the ordinance was never prepared for adoption by City Commission. The purpose therefore of this resolution is to provide for the creation of this district as required by state statutes. Once approval is given of the resolution to create the district, Council will be asked to approve the proposed assessments.
Council Chairperson Fonnesbeck referred to the consent agenda for January 19, 1982 the resolution to create Curb & Gutter Extension No. 38-622, Sidewalk Beautification Project on Exchange Place and Cactus Place; referred without objection.
Q 82-3
RE: Resolution of Appreciation for John Kuepper, city employee since February 1, 1951.
Councilmember Shearer moved and Councilmember Mabey seconded to approve Resolution 6 of 1982 expressing appreciation to John Kuepper, which motion carried, all members voting aye.
R 82-3
FROM SALT LAKE COUNTY
RE: Proposed amendment to Title 44 dealing with the inspection of ambulances.
RECOMMENDATION: That the Council adopt the amendment of Title 44 of the Salt Lake City Code as presented in the attached.
DISCUSSION: Currently both the City-County Health Department and the Utah State Department of health are conducting inspections of ambulances at approximately the same time of the year. The proposed changes in the ordinance will eliminate a duplicate inspection and simplify licensing procedures of the applicant.
Council Chairperson Fonnesbeck referred to the consent agenda for January 19, 1982 the ordinance regarding inspection of ambulances; referred without objection.
O 82-4
CITIZEN COMMENTS
Bernice Cook addressed the Council regarding recent ticketing of automobiles left on streets blocking snow removal equipment. She stated that the County was issuing those tickets. She also stated that she attended, and enjoyed, the Oath of Office ceremony for the Council Members.
The meeting adjourned at 7:00 p.m.