PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, JULY 17, 1984
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, JULY 17, 1984, AT 5:05 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.
POLICY SESSION
Captain Gene Campbell, fire department, briefed the Council on the effects of the more lenient fireworks legislation. He said there has been a 73% increase in fire emergencies around the 4th of July since certain types of fireworks have been made legal. Councilmember Whitehead suggested that a decision be postponed until after the 24th of July celebration. The Council discussed a petition requesting that city interests be relinquished in a dirt road running through Don Mackey’s property. This road has attracted motorcycles and four-wheel drive vehicles so the city could benefit by deeding it to Mr. Mackey. Larry Livingston discussed the Gary Guest alley vacation with the Council. He said that all property owners had signed a petition to facilitate this vacation.
Albert Haines discussed surplus property ordinances with the Council. He said that he would submit a letter to the Council to explain the Welfare Square/Tanner Park trade and the White Softball Park/Hansen Hollow trade. Don McMillan discussed problems relating to the Lindsey Gardens Softball Park such as noise and glaring lights in the park. Rick Graham of the parks department said that alternatives such as earlier scheduling and shielding of the lights were being investigated. Stephanie Loker asked for appointments to the Community Development Advisory Committee from the Council.
The Council discussed the proposed plans for construction of a hotel in Research Park. Ms. Leigh von der Esch said that this area was not zoned to permit a hotel but was zoned to permit buildings that provide a needed service for Research Park. The Planning and Zoning Commission felt that this hotel was a necessary service. Councilmember Mabey briefed the Council on the proposed location for an Amtrak depot and ticket station. Councilmember Fonnesbeck said that the contractors chosen to renovate and restore the City and County Building are Burtch Beall and The Ehrenkrantz Group. These contractors will report to the Council every other month.
The policy session adjourned at 6:00 p.m.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, JULY 17, 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.
Albert Haines, chief administrative officer, and Roger Cutler, city attorney, were present at the meeting. Mayor Ted L. Wilson was absent from the meeting.
Council Chairperson Ronald Whitehead presided at and Councilmember Alice Shearer conducted the meeting.
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, July 10, 1984, and Thursday, July 12, 1984, which motion carried, all members voting aye.
(M 84-1)
Special Presentation
#1. The Safe Drinking Water Committee presented a certificate and street signs to the city certifying that Salt Lake City’s water complies with the Safe Drinking Water Act. Gayle Smith, Bureau of Public Water Supplies - Division of Environmental Health for the State of Utah, said that Salt Lake City has a unique water system. It is a complex system because of its multiple sources, severe elevation differentials, and severe demand levels.
He complimented the water department for its administrative leadership and he said that he appreciated the leadership and professionalism of the staff. Mr. Smith presented the award to LeRoy Hooton, director of public utilities. Kent Miner, City/County Health Department, added his commendation to the public utilities department. Mr. Hooton thanked the staff of the public utilities department and thanked the Council and Mayor for their support.
(G 84-27)
Resolution of Appreciation
#1. On behalf of the City Council, Councilmember Mabey presented a Resolution of Appreciation to David Nimkin, executive director of Neighborhood Housing Services, for his achievements and contributions. Mr. Nimkin said that he was leaving NHS with mixed feelings but looked forward to the continued growth and progress of Neighborhood Housing Services and the success on the west side.
Without objection, Resolution 76 of 1984 was approved expressing appreciation to David Nimkin.
(R 84-11)
PETITIONS
Petition 400-106 of 1983 by Ray Marler, et al.
RE: The vacation of a portion of an alley running south from Kensington Avenue to Bryan Avenue between 300 and 400 East.
Ms. Leigh von der Esch, council executive director, explained that the alley would be vacated from Kensington to the north boundary of a private driveway which runs east and west. This should allow parking maneuverability for the duplex residents.
Councilmember Davis moved and Councilmember Mabey seconded to adopt Ordinance 46 of 1984, vacating a portion of a public alley located within the Waterloo Addition Subdivision, said alley being 13 feet wide and running south from Kensington Avenue to Bryan Avenue between 300 and 400 East streets, which motion carried, all members voting aye.
(P 84-5)
DEPARTMENTAL BUSINESS
AIRPORT AUTHORITY
#1. RE: An interlocal agreement with West Jordan for a sanitary sewer line at Salt Lake City Airport II.
Councilmember Whitehead moved and Councilmember Mabey seconded to adopt Resolution 75 of 1984 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and West Jordan City Corporation for connection of a sanitary sewer line at Airport II with the existing sewer system of West Jordan at a point on the south side of the Bingham Highway, which motion carried, all members voting aye.
(C 84-260)
CITY COUNCIL
#1. RE: An ordinance repealing Section 135 of the Traffic Code relating to all-night parking prohibited.
Councilmember Whitehead moved and Councilmember Mabey seconded to adopt Ordinance 47 of 1984, repealing Section 135 of the Traffic Code relating to all-night parking prohibited, and renumbering Section 135.5 to be Section 135 of the Traffic Code of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to streets for storage prohibited, which motion carried, all members voting aye.
(O 84-23)
#2. RE: A resolution opposing the sale of fireworks in Salt Lake City and requesting that the State Legislature repeal legislation allowing sale of fireworks in Utah.
Kevin Brueckner and Christian Preus, Utah Pyrotechnic Association, and Ken Lantis, Lantis Company, opposed the resolution. They indicated that they do not sell illegal fireworks, which cause the most injuries. They mentioned that they want to work with the fire department to avoid injuries and make fireworks safer. When the question was raised about unsightly fireworks stands, the Council was told that individual companies are responsible for their own stands. Mr. Lantis said that he wants to know if the Council feels his stands do not meet standards so that the necessary changes can he made.
Nancy Earl supported the resolution because she felt that inexperienced people using fireworks create hazards. Bernice Cook expressed concern about cars driving too close to the stands and creating a potential fire hazard. June Penman invited the Council Members to visit her stand at 5669 South 320 West so she could demonstrate the types of fireworks sold.
Without objection, Councilmember Shearer scheduled a public hearing for August 14, 1984, at 8:15 p.m. to discuss the proposed resolution.
(R 84-10)
FINANCE AND ADMINISTRATIVE SERVICES
#1. RE: A resolution pertaining to the tax levy.
Albert Haines, chief administrative officer, explained that the mill levies were established based on assessed valuations that were represented, by the county, higher than they actually were submitted; this represents budgets that are legally out of balance.
Councilmember Hardwick moved and Councilmember Mabey seconded to reconsider the mill levy for the library, which motion carried, all members voting aye except Councilmember Whitehead who voted nay.
Councilmember Whitehead explained that he was not against increasing the mill levy for the Library but he felt that a philosophical issue was involved: To vote for the library mill increase and against the general fund mill increase would be hypocritical. Councilmember Shearer referred to Mr. Haines’ letter, dated July 17, 1984, (a copy of which is on file in the Office of the City Recorder), and asked for clarification as to why the discrepancy in the library fund is proportionately greater than in the general revenue fund. She mentioned that the requested .19 increase to the general fund is supposed to generate $300,000 while the .16 for the library will generate $90,000. Mr. Haines explained that the library operates under a calendar year accounting system regarding personal property taxes while the city accounts for property taxes on a fiscal year basis. As a result of the difference in accounting for property tax revenues, the general fund and the library collection rates will be different. The general fund can structure its collection rate at a higher percentage than the library.
A collection rate of approximately 93% is being assumed for the library and a collection rate of approximately 97% to the city’s general fund is being assumed, based on the difference in accounting for property tax revenues. Mr. Haines reiterated that the budget is illegal because it is out of balance. Under law, a mill levy is established assuming that it will generate the revenue that was approved in the budget. He mentioned that the Council has to consider either changing the budget or changing the mill levy to reflect the estimates which have been received from the county.
Councilmember Whitehead moved and Councilmember Parker seconded to reconsider the mill levy for the general fund, which motion carried, all members voting aye except Councilmember Shearer who voted nay.
Roger Cutler, city attorney, reiterated what Mr. Haines explained and he added that the tax levy resolution reserves the right for amendments. Councilmember Shearer explained that she would vote for the library mill increase if it were to be considered separately but because she was not in favor of the budget she said she would vote against the increase in the mill levy. She preferred that the budget be reduced.
Councilmember Mabey moved and Councilmember Fonnesbeck seconded to adopt an amended resolution, Resolution 77 of 1984, determining the rate of tax levy and levying taxes upon all real and personal property within Salt Lake City, Utah, made taxable by law, for the year 1984, said resolution changes the general fund mill levy from 17.29 to 17.48 (a difference of .19) and changes the library fund mill levy from 2.96 to 3.12 (a difference of .16) for a total mill levy of 20.60, which motion carried, all members voting aye except Councilmembers Shearer and Whitehead who voted nay.
(R 84-9)
OFFICE OF THE MAYOR
#1. RE: The reappointment of Ronald Coleman to the Civil Service Commission.
Councilmember Whitehead moved and Councilmember Mabey seconded to approve the reappointment of Ronald Coleman to the Civil Service Commission, which motion carried, all members voting aye.
(I 84-12)
#2. RE: The appointments of Stephanie Cannon and Corinne Sweet and the reappointment of Elizabeth Montague to the Library Board.
Councilmember Whitehead moved and Councilmember Mabey seconded to approve the appointments of Stephanie Cannon and Corinne Sweet and the reappointment of Elizabeth Montague to the Library Board, which motion carried, all members voting aye.
(I 84-13)
PUBLIC UTILITIES
#1. RE: An ordinance relating to wastewater control.
Councilmember Whitehead moved and Councilmember Mabey seconded to adopt Ordinance 48 of 1984, amending Title 37 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, by amending Schedule 1, relating to wastewater control, which motion carried, all members voting aye.
(O 84-20)
#2. An ordinance relating to sewers and sewer service.
Councilmember Whitehead moved and Councilmember Mabey seconded to adopt Ordinance 49 of 1984, amending Title 37 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to sewers and sewer service, which motion carried, all members voting aye.
(O 84-21)
PUBLIC WORKS
#1. RE: A resolution authorizing the execution of an interlocal agreement between Salt Lake City Corporation and Salt Lake County for joint acquisition by Salt Lake City and Salt Lake County of real property for expansion of landfill operations.
Without objection, Councilmember Shearer referred this resolution to the consent agenda for July 31, 1984.
(C 84-299)
#2. RE: Curb and Gutter Special Improvement District 38-700, miscellaneous streets within Salt Lake City.
Councilmember Whitehead moved and Councilmember Mabey seconded that: (1) the Official Notice of Bond Sale for the $92,000 Special Assessment Bonds, Series 1984 of Salt Lake City, Utah, Special Improvement Curb and Gutter Extension No. 38-700, be ratified and approved in all respects and that the city officials and the financial consultant for the municipality be authorized and directed to proceed with any appropriate action in connection with the scheduled sale of the bonds on August 7, 1984; (2) that the Abbreviated Notice of Sale of the Bonds in substantially the form hereinafter set out he published one time in the Deseret News prior to August 7, 1984; (3) that the Preliminary Official Statement and the Official Statement concerning the bonds be and the same are hereby approved in substantially the form presented to the City Council and the use thereof in connection with the sale of the bonds is hereby authorized; and that the date for the sale of bonds be set for August 7, 1984, which motion carried, all members voting aye.
(Q 82-12)
#3. RE: Bids for construction of Project No. 40-R-6, Concrete Replacement Special Improvement District, non-contiguous city streets.
Albert Haines, chief administrative officer, opened and read the bids which were submitted by Rapp Construction, Enoch Smith Company, and Workman Construction. The total bids were as follows: Rapp Construction, $1,116,374; Enoch Smith Company, $1,208,250; Workman Construction, $1,230,575. Mr. Haines recommended that the bids be referred to the engineer’s office for tabulation and a recommendation.
Councilmember Mabey moved and Councilmember Fonnesbeck seconded to refer the bids to the engineer’s office for tabulation and return a recommendation to the Council on July 31, 1984, which motion carried, all members voting aye except Councilmember Whitehead who was absent when the vote was taken.
(Q 84-5)
PUBLIC HEARINGS
Electrical Regulations
RE: An ordinance amending Section 5-9-1 and adding new Sections 5-9-19, 5-9-20, and 5-9-21 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to electrical regulations.
A public hearing was held at 6:30 p.m. to consider this amendment. No one from the audience addressed this issue.
Without objection, Councilmember Shearer continued the public hearing to July 31, 1984.
(O 84-22)
Sugar House
RE: The Sugar House Target Area Plan.
A public hearing was held at 6:45 p.m. to consider this plan. Bill Wright, planning and zoning, outlined the boundaries of the target area, which are 2100 to 2700 South and 500 to 700 East then along the freeway to 900 East. He said that the plan outlines a history of the neighborhood, why it is a target area, the character of the neighborhood, the history of the zoning and land use, development of the neighborhood, provides an action plan, outlines future land use, delineates programs which need to be implemented to carry out neighborhood improvements, and lists a capital improvements program. Mr. Wright said that under the housing program there are two areas of focus: housing rehabilitation and new housing opportunities. It is the goal of the plan that the area between 500 and 600 East and Wilmington and Stringham, which is currently commercially zoned, evolve into a residential area. It is a small pocket located within a residential area. Mr. Wright said that most of the land use in the area is single family. The land use is following the lead of the existing pattern of development.
Gene Davis, Sugar House Community Council, and Paul Meacham supported the document and recommendations. Mr. Davis suggested that the southwest historical survey document be included as part of the plan so the homes identified in that survey will be included in the target area. Mr. Davis also suggested that this area be considered as a conservation area that would encourage the preservation of the housing. And he suggested that the plan include all of census tract 1049. No one from the audience opposed this plan.
Councilmember Mabey moved and Councilmember Whitehead seconded to close the public hearing, which motion carried, all members voting aye.
Councilmember Parker moved and Councilmember Mabey seconded to adopt the Sugar House Target Area Plan, which motion carried, all members voting aye.
(T 84-16)
West Capitol Hill
RE: The West Capitol Hill Target Area Plan.
A public hearing was held at 7:00 p.m. to consider this plan. Bill Wright, planning and zoning, outlined the boundaries of this area, which are 300 to 900 North and from 300 to 400 West, for planning purposes the area to the tracks at 500 West has been included. The area from 300 to 600 North between 300 and 400 West contains substantial housing and there is residential zoning. The area from 600 to 900 North has a residential land use component but there is currently no residential zoning; the area is zoned for commercial and manufacturing.
The area west of 400 West is zoned for manufacturing and the plan encourages this zoning to remain. Mr. Wright said that the plan lists the zoning policies for each area and gives actions and responsibilities in capital improvements. Initially efforts will be to concentrate on the area south of 600 North. Hermoine Jex and Erlinda Davis, Capitol Hill Community Council, supported the revitalization of this area but expressed concern with the type of industry which would be allowed west of 400 West. They hoped that the industry would be carefully controlled. No one from the audience opposed this plan.
Councilmember Fonnesbeck moved and Councilmember Davis seconded to close the public hearing, which motion carried, all members voting aye.
Councilmember Whitehead moved and Councilmember Parker seconded to adopt the West Capitol Hill Target Area Plan, which motion carried, all members voting aye.
(T 84-17)
Petition 400-181 of 1984 by Donald A. Mackey.
RE: A request that Salt Lake City vacate the public1s interest in a dirt road across his land which is part of the development of the Arlington Hills Plat “L” Subdivision.
A public hearing was held at 7:15 p.m. to discuss this petition. Doug Wheelwright, planning and zoning, outlined the area on a map; the road in question is in the northeast foothills above Tomahawk Drive. He explained that the road is one of many interconnecting roads originally cut by the public utilities department in the 1940’s for use as fire breaks and access roads to the publically-owned land in the foothills. Mr. Wheelwright said that affected city departments, along with Mountain Fuel and the forest service, reviewed the request and all were favorable toward closing the public’s use of the dirt road. Currently the public’s use is mainly unauthorized four-wheel drive and motorcycle use.
Mr. Wheelwright said it has been suggested that the public’s right to motorized use of the roadway be exchanged for formalized public pedestrian access and public agency motorized access on a restricted basis using specifically located easements. It was the recommendation of the Planning Commission that the City Council officially close the requested segment of the dirt road. The Planning Commission conditioned its approval upon, and the petitioner has conceptually agreed to grant, specific easements and conveyances to the city in lieu of monetary compensation. The Planning Commission recommended that the conditions be incorporated into the closure ordinance and the ordinance be passed but not become effective until satisfaction of the conditions.
Judy Lever, assistant city attorney, explained that there are other property owners who have access into the interior land by the road in question and by another connecting road. As long as only one of the two roads, which go to the same place, is being closed then access is still available which should not cut off anyone’s rights to property. By closing the road in question, the city would be relinquishing the prescriptive easement but other dedicated easements would be received as a substitution. Frank Culbertson, area resident, reiterated that the only use of the road in question is by four-wheel drive vehicles and motorcycles. He supported closure of the road. No one from the audience opposed this request.
Councilmember Mabey moved and Councilmember Whitehead seconded to close the public hearing, which motion carried, all members voting aye.
Councilmember Fonnesbeck said that the Greater Avenues Community Council thinks it will be good to protect the road and having a home in that area may discourage four-wheel drive vehicles. Ms. Fonnesbeck mentioned that as far as she knows, if there is no need for an exception to the land use ordinance then Greater Avenues has no opposition to the request.
Councilmember Fonnesbeck moved and Councilmember Davis seconded to approve the closure of the dirt road as requested in Petition 400-181 of 1984 and request that the necessary ordinance be prepared incorporating the conditions set forth by the Planning Commission (which are detailed in Vernon Jorgensen’s letter dated June 6, 1984), which motion carried, all members voting aye.
(P 84-39)
Petition 400-175 of 1984 by Gary Guest, et al.
RE: A request for the vacation of the east half of an alley located within the Highland Park Plat A Subdivision, said alley running east and west between 18th East and Melbourne Street, parallel to Stratford Avenue.
A public hearing was held at 7:30 p.m. to discuss this petition. Allen Johnson, planning and zoning, outlined the area on a map and mentioned that the necessary city departments reviewed the petition. The departments did not object to the petition with the exception of traffic engineering and engineering. These two departments did not object to total vacation of the alley but indicated that partial vacation would be contrary to city policy. Mr. Johnson indicated that since all of the abutting property owners on the alley are in favor of this petition, the Planning Commission recommended that the portion of the alley as requested be vacated subject to the necessary utility easements being provided.
Gary Guest, petitioner, explained that the eastern portion of the alley serves as his driveway and has been used as access to his property by vandals and burglars. The western half of the alley serves three other property owners. He said the abutting property owners felt that closing the eastern half of the alley would in effect close the alley to traffic and the residents felt this would be the best way to solve the problem. No one from the audience opposed this petition.
Councilmember Parker moved and Councilmember Whitehead seconded to close the public hearing, which motion carried, all members voting aye.
Councilmember Parker moved and Councilmember Whitehead seconded to approve Petition 400-175 of 1984 (vacating the eastern half of the alley) and adopt Ordinance 50 of 1984, vacating this portion of the alley located within the Highland Park Plat A Subdivision, said alley running east and west between 18th East and Melbourne Streets, parallel to Stratford Avenue, which motion carried, all members voting aye.
(P 84-43)
CITIZEN COMMENTS
#1. Dorothey Wood, 1600 East 1700 South, addressed the Council concerning the curb and gutter work to be done on 1700 South as part of Special Improvement District No. 38-750. Ms. Wood explained that during the formation of the district, the owners of 45.3% of the footage in the area of 1500 to 1700 East and 1700 South protested. Since that time, more owners have protested making the protest rate 54%. She requested that this area, 1500 East to 1700 East on 1700 South, be omitted from the district. Councilmember Whitehead pointed out that the protest period is over but he suggested that the administration should review this situation. Albert Haines, chief administrative officer, asked Ms. Wood to make an appointment with him to review the problem.
#2. Bernice Cook said that in Sugar House on the northwest corner of 900 East and 2100 South and the northwest corner of 1100 East and 2100 South, metal poles are being installed in the middle of the sidewalk. She felt that this could be dangerous to blind people and difficult for wheelchairs to maneuver around.
ADMINISTRATIVE COMMENTS
#1. Albert Haines, chief administrative officer, reported on the status of proposed land trades involving Welfare Square and Tanner Park, and White Softball Park and Hansen Hollow. Mr. Haines indicated that he had submitted a lengthy letter to the Council Office explaining the Welfare Square/Tanner Park land trade. Mr. Haines addressed the White Softball Park/Hansen Hollow land trade and said that he has submitted a counter offer to the state regarding trading White Softball Park for property in Hansen Hollow. He indicated that if the land trade could be accomplished, Hansen Hollow would be tied up and there would be money available to construct a majority of the new sports complex. There was lengthy discussion about the administrative procedure of land sales, negotiations, and trades. Mr. Haines said that whenever dealing with property he always tries to get the best return for the city and at the same time meet the intents of the Council. Mr. Whitehead summarized by requesting that the Council be kept more informed about land deals and if a course of action changes, the Council should be notified at the time of the change.
The meeting adjourned at 9:30 p.m.