PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, JULY 19, 1983
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, JULY 19, 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 SYDNEY R. FONNESBECK IONE M. DAVIS PALMER DEPAULIS EDWARD W. PARKER.
Council Vice Chairman Edward W. Parker presided at and conducted this meeting.
POLICY SESSION
Leigh von der Esch briefed the Council on items on the agenda. She indicated that the request for Community Development Block Grant funding had not been endorsed by the Mayor, but that the Council could choose to fund the project. She also indicated that the Urban Development Action Grant application submitted by Triad Utah had been withdrawn and that Triad would be discussing their plans with the Council prior to any resubmission of an application.
Councilmember Fonnesbeck indicated that the Mayor had a question on the legality of the Board of Adjustment appointing a zoning administrator, as is specified by the ordinance before the Council. Roger Cutler, city attorney, indicated that he had not discussed the matter with the Mayor. Ms. von der Esch briefed the Council on upcoming scheduling matters.
The policy session adjourned at 5:55 p.m.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, JULY 19, 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 SYDNEY R. FONNESBECK IONE M. DAVIS PALMER DEPAULIS EDWARD W. PARKER.
Mayor Ted L. Wilson and Roger Cutler, city attorney, were present at the meeting.
Council Vice Chairman Edward W. Parker presided at and conducted the meeting.
Invocation was given by Police Chaplain Joseph Sanders.
Pledge of Allegiance.
Approval of Minutes:
Councilmember Shearer moved and Councilmember Whitehead seconded to approve the minutes of the regular meeting of the Salt Lake City Council for the meeting held Tuesday, July 12, 1983, which motion carried, all members present voting aye.
(M 83-1)
Special Recognition:
#1. Presentation of the Municipal Finance Officers Association Certificate of Conformance in Financial Reporting to Albert E. Haines and Finance Department.
Councilmember Parker presented the certificate and plaque for financial reporting achievement. The award is presented to those individuals who have been instrumental in their governmental unit achieving a Certificate of Conformance in financial reporting. The Certificate of Conformance is presented to those governmental units whose Comprehensive Annual Financial Reports (CAFR’s) are judged to substantially conform to program standards. Lance Bateman, city controller, accepted the award on behalf of Albert Haines who was not present at the meeting.
Mr. Bateman said that the finance department is proud to receive this certificate for the City. They have been working for several years to upgrade the accounting staff and all accounting staffs in the various departments do a good job. Mr. Bateman said that Gary Mumford leads the audit staff during the audit period and is responsible during the year for the City’s accounting; Dan Mule' is responsible for the quarterly reports. Other people who assisted with the completion of the City’s report include Peter Graves, Kitty Stewart, Lisa Oldham and Linda Furse.
Mr. Bateman said that the Certificate of Conformance is a very high award from Municipal Finance Officers Association. He felt that it means a lot for the City in recognition, in the ability to bond, and in the price paid for bonds. Mayor Wilson said that since the change of government in 1980 there has been a tremendous change in the financial accounting and reporting talents of the City. He said that the people working in the finance department have done an outstanding job and they appreciate the Council’s recognition.
(C 83-21)
#2. Presentation of a Resolution of Appreciation to Vernon Smith upon his retirement after 37 years of service to Salt Lake City Corporation.
Councilmember Parker presented the resolution expressing thanks for the years of long and faithful service rendered to the City by Mr. Smith. Mr. Smith said that the decision to retire had been difficult to make. Through his job in the building inspection area he has had a chance to talk with many people and meet many influential people. He said that he always tried to be honest in his work and do the best job possible. Mr. Smith thanked the Council for this recognition. Mayor Wilson said that Mr. Smith’s dedication and skill would be missed. He said that Mr. Smith was a reliable employee who did a good job and the City would always he appreciative to Mr. Smith for his hard work.
Councilmember Shearer moved and Councilmember Davis seconded to adopt Resolution 69 of 1983 expressing appreciation to Mr. Vernon Smith upon his retirement from the city, which motion carried, all members present voting aye.
(R 83-14)
#3. Presentation of a Resolution of Appreciation to Mr. Clifford Ashton for his service on the Public Utilities Advisory Committee.
Mr. Ashton was not present at the meeting, however, the resolution was formally approved by the Council.
Councilmember Shearer moved and Councilmember DePaulis seconded to adopt Resolution 70 of 1983 expressing appreciation for the public service contributed by Clifford Ashton, which motion carried, all members present voting aye.
(R 83-15)
PETITIONS
Petition 400-41 of 1983 submitted by High1and Golf and Equipment.
RE: Petition 400-41 requests that the property at 507 South Redwood Road be rezoned from its present Residential “R-6” classification to a Commercial “C-l” classification. This petition was approved by the Council on July 12, 1983. In conjunction with this petition request, the Planning Commission recommended the rezoning of the adjoining corner property from its present “B-3” to “C-1”.
Councilmember Shearer said that the rezoning of this additional piece of property had been included in the advertised notice of public hearing for July 12 but the implication of rezoning this area had not been discussed at the hearing. She suggested that the Council defer this item to a future Council meeting so that a member of the planning and zoning staff would be available to discuss this matter.
Councilmember Shearer moved and Councilmember Davis seconded to refer the rezoning of the corner property adjoining 507 South Redwood Road, included in Petition 400-41, to a future Council agenda and also requested that a member of the planning and zoning staff be present to discuss the rezoning, which motion carried, all members present voting aye.
(P 83-312)
DEPARTMENTAL BUSINESS
DEVELOPMENT SERVICES
#1. RE: Ordinance amendment - Planning Commission quorum requirement.
RECOMMENDATION: That Section 51-29-7 of the Revised Ordinances of Salt Lake City, Utah, be amended reducing the number of voting members of the Planning Commission required for a quorum from seven to six.
DISCUSSION: Because Planning Commission Members have other important responsibilities in connection with their permanent employment and other civic duties which sometimes conflict with regularly scheduled Commission meetings and cause members to miss such meetings or to attend only a portion of a meeting, it has occasionally been impossible to convene a quorum to conduct the official business of the Commission. Therefore, the Commission has requested that the number of its voting members required for a quorum be reduced from seven (64% of its voting members) to six (55% of its voting members). Council Vice Chairman Parker referred the ordinance amending Section 51-29-7 of the Revised Ordinances of Salt Lake City, Utah, relating to Planning Commission quorum to the consent agenda for August 2, 1983; referred without objection.
(O 83-34)
#2. RE: An ordinance amending Section 51-3-1 of the Revised Ordinances of Salt Lake relating to the Board of Adjustment.
RECOMMENDATION: That the Council adopt the ordinance.
DISCUSSION: The amendment is in keeping with the recent action of the Legislature authorizing cities to appoint alternate members to the Board of Adjustment and to have a zoning administrator who can handle, under the direction of the Board of Adjustment, routine and non-contested matters. The amendments to the State Enabling Act were recommended by the Planning Commission and sponsored by Salt Lake City as a step to improve the function of the Board of Adjustment, to alleviate the difficulty of having a quorum to act on the cases, and to facilitate routine matters before the Board, thus better serving the public.
Councilmember Davis expressed concern that people appointed to the Board are not attending the meetings. She indicated that she supported the basic principle of the proposed ordinance but felt that the appointees should commit to attending the meetings or, if circumstances change, they should resign from the Board rather than not attend the meetings. Councilmember Davis felt that the new zoning administrator would help this situation and felt that the Board should establish a policy regarding meeting attendance.
Mayor Wilson said that when people are appointed to the Board, they are informed about the time commitment involved. The appointees pledge to attend the meetings and get involved but in most cases their time is donated and conflicts arise which interfere with attendance. Most boards face a similar situation, there is usually a group of members more active than others. The Mayor said that he understood Ms. Davis’ concern but he could not guarantee the performance of individual citizens. He said that he would try to be more descriptive of their obligations when citizens are asked to serve on the Board.
Councilmember Davis asked the Mayor if he was concerned that the Board of Adjustment would appoint the zoning administrator. The Mayor indicated that he was not concerned. He felt that it was implicit that since the zoning administrator would be a staff member they were subject to the Mayor’s administration. Roger Cutler, city attorney, indicated that it is implicit in the ordinance that the Board of Adjustment is not superseding the Mayor’s power or attempting to usurp the mayoral function of supervising administrative employees.
Councilmember Shearer said that if the Board of Adjustment appoints a person whom the Mayor does not wish to make available then the Mayor can indicate to the Board the individual they selected is not available. Ms. Shearer said that the Council felt that by having the Board of Adjustment make the appointment then they would be more willing to delegate authority.
Councilmember Davis moved and Councilmember DePaulis seconded to adopt Ordinance 51 of 1983, amending Section 51-3-1 of the Revised Ordinances of Salt Lake City, Utah, t965 as amended, relating to the Board of Adjustment, which motion carried, all members present voting aye.
(O 83-25)
#3. RE: Odyssey House request for $10,000 in Community Development Block Grant (CDBG) funding.
RECOMMENDATION: That no new CDBG projects be funded at this time unless they are designed to meet needs having a particular urgency.
AVAILABILITY OF FUNDS: Sufficient CDBG slippage funds exist; however, following the approval of the 9th year CDBG program, unallocated excess funds have been earmarked for existing projects.
DISCUSSION: During the late stages of the 9th year CDBG funding process Odyssey House, a local non-profit organization, submitted a request for slippage funds to rehabilitate their program facility located at 625 South 2nd East. The proposed facility rehabilitation includes fire and health code improvements, construction of a kitchen, two new bedrooms and two new bathrooms.
At the time this proposal was submitted, the administration did not take action because many worthy 9th year proposals were being turned down and it did not seem fair to either include this request in the annual funding cycle or give this project priority over those projects being considered. When the City Council approved the 9th year CDBG program on May 24, contingency was reduced to $210,059 from the recommended $311,714 in order to fund additional projects. It was the administration’s understanding at that time that slippage monies from previous program years would be “rolled up” into 9th year to provide an adequate contingency for existing projects. The present need to retain slippage and contingency balances for existing CDBG projects is the basis for the recommendation to not approve new projects at this time. Mayor Wilson said that representatives from Odyssey House approached him on this issue but at the time they requested the $10,000 several private-sector requests had just been rejected and it did not seem fair to intercede into the CDBG process.
The Mayor encouraged the organization to file their request through the normal process to be considered in due order. The Mayor expressed concern that if there is not a systematic way of dealing with slippage funds then the process will not be fair to other inquiries. The Mayor recommended that this request not be funded outside of a normally established CDBG request. However, the Mayor expressed his support for the project and said that it is worthwhile.
Councilmember DePaulis expressed the same concern as the Mayor. He said that he did not oppose the request but reiterated that there were a number of other projects brought through the process in a prioritized fashion. The Mayor said that if a request is viewed to be critical or of an emergency nature the general fund contingency can be used to fund the project. Councilmember DePaulis asked how requests submitted outside of the process are handled. Doug Carlson, capital planning and programming, said that an attempt is made to deal with those requests as they are received. A staff analysis is made of the project and new projects are brought before the Council for consideration.
Mr. Carlson said their staff has a file of all of the applications that were not funded. In the 8th year there was not a prioritized list but in 9th year there is a priority list by category but not an overall priority list. Councilmember Shearer said that Odyssey has proceeded with their project but it has not been funded. She asked about paying for encumbered debt with CD funds. Mr. Carlson indicated that this could probably be done with approval from HUD and as long as the appropriate rules and regulations have been followed. Councilmember DePaulis reiterated that he did not object to the project and felt that it is worthwhile but he was concerned with the procedural problem.
Councilmember Fonnesheck said that a positive aspect about this project is that they have found a commercial building to use for their facility even though it cost more money than a residential structure would have cost. However, she realized that many projects have been denied and there are many projects ahead of this one. Councilmember Parker said that he empathized with this group because the state fire standards were imposed upon them and they were not in a position to fund the changes necessary to meet the standards. Councilmember Davis asked what funding source was contemplated at the time the improvements were made. Valerie Fritz, administrator for Odyssey, said that they applied with the City for funds but the request was delayed. She said that the children had to be moved into a livable house but in the meantime the building had to be made safe. There are still fire and health code improvements which need to he made. Ms. Fritz said that they anticipated that the City would help fund this project. She said that the county helped with funding and indicated that HUD procedures had been adequately followed.
Ms. Fritz reiterated that before the improvements were undertaken a request was submitted to the City but the procedures were not understood at that point. She also said that they have looked for an adequate facility for 5 1/2 years and felt that it was necessary to take advantage of the opportunity to acquire this building. Ms. Fritz said that the bills have not been paid for some labor, supplies, equipment, and rental fees. She said that since the county contributed money, reimbursement is being made to the people who worked on the facility.
Councilmember Whitehead asked if the county contribution would reduce the amount needed from the City. Ms. Fritz said that it would not because there is additional work waiting to be done. Councilmember DePaulis said that the Council needs to address the procedural problem and the other Council Members concurred. Mayor Wilson asked if the remodeling was done in response to state fire codes. Ms. Fritz said that they had to meet state and City codes. The building was not residential so major modifications had to be made to make it livable.
Councilmember Whitehead felt that an exception could be made in this situation and agreed that the Council needed to establish a procedure for future projects. The Mayor did not think that the Odyssey group was led to believe that they would get the money and could proceed with the remodeling based on this funding, they proceeded on their own. The representatives from Odyssey agreed.
Councilmember Whitehead moved and Councilmember Davis seconded to approve the request from Odyssey House for $10,000 from CDBG slippage funds, which motion carried, all members present voting aye.
(T 83-18)
FINANCE AND ADMINISTRATIVE SERVICES
#1. RE: Interlocal agreement with Salt Lake County for the City-County Building Restoration Survey.
RECOMMENDATION: That the Council approve the interlocal agreement.
DISCUSSION: Representatives of Salt Lake County have requested that Salt Lake City Corporation be the sole contract administrator for the agreement between Salt Lake City and County and the architectural consultants, Dean L. Gustavson Associates and the Ehrenkrantz Group. It is intended that better control of the contract will be exercised through one government agency. The contract has been approved as to form by both Salt Lake City and County attorneys and no additional funding is required. Council Vice Chairman Parker referred the resolution authorizing an interlocal agreement with Salt Lake County for the Building Restoration Survey to the consent agenda for August 2, 1983; referred without objection.
(C 83-224)
OFFICE OF THE MAYOR
#1. RE: Sugar House Park Authority.
DISCUSSION: The term of Ray Free on the Sugar House Park Authority expired some time ago. It is recommended that he be reappointed to another full term. Mr. Free’s financial disclosure statement is on file in the City Recorder’s Office. Council Vice Chairman Parker referred the reappointment of Ray Free on the Sugar House Park Authority to the consent agenda for August 2, 1983; referred without objection.
(I 83-14)
PUBLIC UTILITIES
#1. RE: Law enforcement functions within city watersheds.
RECOMMENDATION: That the Council approve the amendment to the interlocal agreement between the city and the county which was entered into on July 29, 1982.
AVAILABILITY OF FUNDS: The Salt Lake City Public Utilities Department has budgeted $51,690 in the 1983-84 fiscal year budget to cover contracted law enforcement costs on the city’s watersheds.
DISCUSSION: Salt Lake City Corporation and the Salt Lake County Sheriff’s Office entered into a contract for canyon watershed ordinance enforcement on July 29, 1982, for services during FY 1982-83. The proposed amendment continues this service through FY 1983-84 and has been approved by Salt Lake County. Councilmember Shearer moved and Councilmember Davis seconded to adopt Resolution 71 of 1983 authorizing the execution of an interlocal agreement between Salt Lake City Corporation and Salt Lake County extending for another year an agreement dated July 29, 1982 which provides law enforcement of city ordinances on the city’s watersheds by the Salt Lake County Sheriff’s Office, which motion carried, all members present voting aye.
(C 82-392)
PUBLIC WORKS
#1. RE: A resolution setting dates for the Board of Equalization hearings relating to Special Improvement District No. 38-684 on September 6, 7, and 8, 1983.
Councilmember Shearer moved and Councilmember Davis seconded to adopt Resolution 72 of 1983 appointing a Board of Equalization and Review and setting the hearing dates for September 6, 7, and 8, 1983, which motion carried, all members present voting aye.
(Q 83-20)
PUBLIC HEARINGS
Triad Center.
RE: Urban Development Action Grant application for Triad Center Phase II on Block 85.
A public hearing was scheduled for 6:15 p.m. but was not held because Triad withdrew their application for an Urban Development Action Grant. Doug Carlson, capital planning and programming, said that Triad felt that their project is not at the stage where a competitive application can be submitted. But they did mention that they are excited about pursuing a UDAG for their project in the future. Mr. Carlson said that at this point Triad is reassessing the type of improvements to be included on the block.
(T 83-15)
Salt Lake Renaissance Center.
RE: Urban Development Action Grant application by Salt Lake Renaissance Center on Block 49.
A public hearing was held at 6:15 p.m. to consider this request. Doug Carlson, capital planning and development, said that they have a competitive application with the Salt Lake Renaissance Center. He said that this hearing is the second hearing of the required two public hearings for UDAG participation. Mr. Carlson said that the Council received a summary of the application prior to this meeting. He then briefly outlined the proposed recapture mechanism. The request is for $4,500,000 which will be in the form of a loan to Hill Mangum. Mr. Carlson said that the loan will be fully amortized over a 30 year term with a 1.5 year call date.
The company is requesting that during the first two years of the loan the interest accrue at 8% with no payments of interest or principal. For the following three years they are requesting to make interest payments only at a rate of 10%; following the five year deferral period, the principal and deferral-period interest w1Il be amortized over 25 years at a rate similar to the first mortgage rate. First mortgage rates are currently estimated to be approximately 12%. Mr. Carlson felt that this was a good return for the City. Councilmember Shearer said that this was subject to negotiation and this was just the application. Mr. Carlson agreed and said that this was felt to be a good starting point. Mr. Carlson requested that at the conclusion of the hearing a motion be made to authorize the Mayor to submit an application and negotiate the UDAG agreement with HUD.
Mike Lawrence from Hill Mangum reassured the Council that their company plans to work with the City on the development of this block. Councilmember Fonnesbeck told Mr. Lawrence that the Council is excited about this property and they are glad that Hill Mangum is going to work with the City on its development. No one from the audience addressed this issue.
Councilmember Whitehead moved and Councilmember Shearer seconded to close the public hearing, which motion carried, all members present voting aye.
Councilmember Whitehead moved and Councilmember Shearer seconded to authorize the Mayor to submit a UDAG application to HUD for Salt Lake Renaissance Center, which motion carried, all members present voting aye.
(T 83-17)
Williamsburg Subdivision.
RE: The vacation of all lots, streets and alleys within the Williamsburg Subdivision located near 1600 North and Redwood Road in Salt Lake City, Utah.
A public hearing was held at 6:30 p.m. to consider this request. Councilmember Whitehead said that this area is vacant land and the developer is ready to proceed with the development of the area but discovered that the vacation had been rescinded. The original vacation passed through the City Commission with a stipulation that development be started within a year hut there were complications at that time.
No one from the audience addressed this issue.
Councilmember Whitehead moved and Councilmember Shearer seconded to close the public hearing, which motion carried, all members present voting aye. Ms. Leigh von der Esch, Council executive director, said that the Office of Development Services did not feel that it was necessary for this issue to go back through planning and zoning. This was accepted as a petition strictly to amend the ordinance.
Councilmember Whitehead moved and Councilmember Shearer seconded to adopt Ordinance 52 of 1983, vacating all lots, streets, and alleys within the Williamsburg Subdivision, which motion carried, all members present voting aye.
(P 83-405)
CITIZEN COMMENTS
#1. Bernice Cook, Peoples’ Freeway Community Council, said that the park south of the new fire station on 13th South and Main Street has not been maintained and the grass is almost dead. She said that this area attracts vagrants which is not a good situation for the children in the neighborhood. Ms. Cook asked if this problem could he remedied. Councilmember Shearer said she understood that there is money for this park in conjunction with the completion of the fire station and said there is a plan for this area. Councilmember Shearer thought that perhaps a new sprinkling system would be installed and that was why the grass was not being maintained.
The meeting adjourned at 7:30 p.m.