The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, July 2, 1996, at 6:00 p.m. in Room 315, City Council Office, City County Building, 451 South State.
The following Council Members were present:
Stuart Reid Joanne Milner Deeda Seed
Tom Godfrey Bryce Jolley Keith Christensen
The following Councilmember was absent:
Sam Souvall
Mayor Deedee Corradini; Steven Allred, Assistant City Attorney; Cindy Gust-Jenson, Executive Council Director; Kay Christensen, Chief of Staff; Russell Weeks, Public Policy Analyst; Misty Hitesman, Public Affairs Analyst; and Bonnie Ferrin, Deputy City Recorder, were present.
Councilmember Christensen presided at and Councilmember Jolley conducted the meeting.
#1. The Council led the Pledge of Allegiance.
#2. Councilmember Godfrey moved and Councilmember Christensen seconded to approve the minutes of the Salt Lake City Council meeting held June 11, 1996, which motion carried, all members present voted aye.
(M 96-1)
#3. Council will be presented a Centennial Quilt by Marlene Owens and students from Edison Elementary School.
The Council was presented a quilt by Marlene Owens and fifth and sixth graders from Edison Elementary: Luke Dipo, Eleanor Fuka, Heleine Kaufusi, Stephen Fenua, and Feroz Sediqi, in honor of the celebration of the Utah Centennial.
#4. Adopting a joint resolution with the Mayor in recognition of the 1996 USA Track and Field Youth National Championships.
ACTION: Councilmember Godfrey moved and Councilmember Reid seconded to suspend the rules and adopt Resolution 41 of 1996, which motion carried, all members present voted aye.
DISCUSSION: Councilmember Milner read the resolution and she and Mayor Corradini presented it to Mr. B. Murphy.
Roland Tolburt, Chair of the Utah USA Track and Field Team, introduced members of the team. He said they were hosting this year's National Junior Olympic Track and Field Youth Championship.
(R 96-1)
CONSENT AGENDA
ACTION: Councilmember Godfrey moved and Councilmember Reid seconded to approve the Consent Agenda, which motion carried, all members present voted aye.
#1. RE: Setting the date of August 8, 1996, at 6:00 p.m. to accept public comment and consider adopting an ordinance vacating a portion of the Kinney & Gourley's Subdivision, pursuant to Petition No. 400-96-30.
(P 96-135)
#2. RE: Setting the date of August 8, 1996 at 6:00 p.m. to accept public comment and consider adopting a motion amending Lot 32 of Highland Acres Subdivision to create a "flag" lot, pursuant to Petition No. 400-96-16.
(P 96-136)
#3. RE: Setting the date of August 8, 1996 at 6:00 p.m. to accept public comment and consider adopting an ordinance closing a portion of Lake Street, pursuant to Petition No. 400-96-11.
(P 96-137)
#4. RE: Setting the date of August 8, 1996 at 6:00 p.m. to accept public comment and consider adopting an ordinance amending Bill No. 43 of 1991 to add title, chapter and section numbers and to amend the ordinance to include non-wireline services (Cellular Telephone).
(P 96-33)
#5. RE: Adopting a motion approving the following decisions made by the Planning Director:
a. Petition No. 400-96-36, Salt Lake International Center, Plat 8 Subdivision, a five lot plat amendment. Planning Director's Decision: to approve subject to meeting department conditions.
(P 96-138)
b. Petition No. 400-96-50, a request to amend the Lincoln Village Subdivision, Lot 17, to incorporate an additional 65 feet in the rear, located at 960 West 1820 South. Planning Director's Decision: to approve.
(P 96-139)
c. Petition No. 400-96-52, a request to amend the Salt Lake International Center, Plat 2-A, to incorporate additional property for motel site, located on Wiley Post Way near the intersection of Wright Brother's Drive. Planning Director's Decision: to approve.
(P 96-140)
d. Park Plaza Condominiums, a request to convert a five unit townhouse complex to condominiums, located at 1306 East 100 South. Planning Director's Decision: to approve.
(P 96-141)
e. Starcrest Condominiums, a request to convert 132 unit apartment complex to condominiums, located between 500 and 600 North on Starcrest Drive. Planning Director's Decision: to approve.
(P 96-142)
f. Kimball Condominiums, a request to amend the existing Kimball Condominium Plat to convert common space to two new units for a total of 45 units, located at 150 N. Main. Planning Director's Decision: to approve.
(P 96-143)
#6. RE: Adopting Resolution 37 of 1996, authorizing the approval of an Interlocal Cooperation Agreement between Salt Lake City Corporation and the Redevelopment Agency of Salt Lake City to provide the programming support for The Gallivan Utah Center.
(C 96-354)
#7. RE: Adopting Resolution 38 of 1996, authorizing the approval of an Interlocal Cooperation Agreement between Salt Lake City Corporation, and the State of Utah Department of Community and Economic Development Division of Community Development regarding Olene Walker Housing Trust Fund Loan First Time Home Buyer Program.
(C 96-355)
#8. RE: Adopting Resolution 39 of 1996, authorizing the approval of an Interlocal Cooperation Agreement between Salt Lake City Corporation and the Salt Lake City School District to develop and operate a comprehensive program for prevention, intervention and suppression of the root causes of crime, particularly juvenile crime.
(C 96-356)
#9. RE: Adopting Resolution 40 of 1996, authorizing the approval of an Interlocal Cooperation Agreement between Salt Lake City Corporation and Wasatch-Cache National Forest USDA-Forest Service for the protection of City watersheds on National Forest lands in Big and Little Cottonwood Canyons.
(C 96-357)
NEW BUSINESS
#1. RE: Adopting a resolution approving the certification of Salt lake City Corporation Public Safety dispatchers.
ACTION: Councilmember Godfrey moved and Councilmember Seed seconded to suspend the rules and adopt Resolution 42 of 1996, which motion carried, all members present voted aye.
(R 96-4)
UNFINISHED BUSINESS
#1. RE: Adopting an ordinance adopting the findings and recommendations of the Board of Equalization and review; approving the assessment list; levying an annual assessment upon property in Salt Lake City, Utah Special Lighting District No. 1 (The "District"); establishing the effective date of this ordinance; and related matters.
ACTION: Councilmember Godfrey moved and Councilmember Seed seconded to adopt Ordinance 49 of 1996, which motion carried, all members present voted aye.
(Q 96-1)
#2. RE: Adopting an ordinance amending Section 12.56.550, Salt Lake City Code, relating to unauthorized use of streets, parking lots and other areas - penalties.
ACTION: Councilmember Godfrey moved and Councilmember Milner seconded to adopt Ordinance 55 of 1996, which motion carried, all members present voted aye.
(O 96-27)
PUBLIC HEARINGS
#1. RE: Accept public comment and consider adopting an ordinance closing an alley located between Parkway Avenue and Stratford Avenue, and east of 1500 East Street, pursuant to Petition No. 400-95-50.
ACTION: Councilmember Reid moved and Councilmember Christensen seconded to close the public hearing, which motion carried, all members present voted aye.
Councilmember Reid moved and Councilmember Christensen seconded to adopt Ordinance 56 of 1996, which motion carried, all members present voted aye.
DISCUSSION: Ronald Bell, 2551 South 1500 East, Petitioner, said he wanted to put a garage on the proposed property.
(P 96-144)
#2. RE: Accept public comment and consider adopting an ordinance amending Section 16.60.110 of the Salt Lake City Code, 1988, as amended, relating to Airport ground transportation vehicle fees.
ACTION: Councilmember Christensen moved and Councilmember Reid seconded to close the public hearing, which motion carried, all members present voted aye.
Councilmember Christensen moved and Councilmember Godfrey seconded to adopt Ordinance 52 of 1996, including language that establishes the fee at a 90% cost recovery effective August 1, 1996 and 100% cost recovery effective July 1, 1997, which motion carried, all members present voted aye.
DISCUSSION: Victor White, Director of Operations for the Airport Authority, asked to adjust the fees charged for commercial ground transportation vehicles which use the Salt Lake City International Airport. He said the Airport had charged access fees to ground transportation vehicles since 1978. He said in 1991 an ordinance was adopted which established a methodology to create fees and charges for these vehicles. He said the ordinance set a phased-in over time adjustment to the fees so the impact on the operators would not be too great initially. He said the Airport started with 70% of the actual cost of operating the Airport Commercial Transportation System. He said the Administration had negotiations with the providers and revised the proposal to ask for a 90% this year and next fiscal year, go to 100% of actual fees.
He said what this proposal meant was that taxicabs would pay $.40 per trip, limousines and vans would pay $0.55 per trip, minibuses would pay $0.83 per trip and buses would pay $1.10 per trip, beginning August 1, 1996. He said the 1997 rates would be based on 100% cost recovery to be calculated when 1997 costs were determined.
Councilmember Reid asked what other airports the size of Salt Lake City's were charging for use of the access lanes.
Mr. White said most were charging higher rates than what was proposed.
Don Winder, 175 West 200 South, Attorney representing the Yellow and Ute Cab Companies, said he supported the proposal.
Steve Lindburg, 255 South West Temple, General Manager of the Red Lion Hotel, representing the Salt Lake Valley Lodging Association and the Utah Hotel and Motel Association, was in support of the amended proposal.
(O 96-29)
#3. RE: Accept public comment and consider adopting a motion relating to a request to vacate a portion of the alley between 400 East and 500 East and south of Edith Avenue, pursuant to Petition No. 400-95-60.
ACTION: Councilmember Godfrey moved and Councilmember Reid seconded to close the public hearing, which motion carried, all members present voted aye.
Councilmember Godfrey moved and Councilmember Reid seconded to refer to Committee of the Whole, which motion carried, all members present voted aye.
Councilmember Godfrey moved and Councilmember Reid seconded to approve a motion vacating a portion of the alley between 400 East and 500 East and south of Edith Avenue, and direct staff to development an ordinance to follow, which motion carried, Council Members Reid, Milner, Godfrey, and Christensen voted aye, Council Members Seed and Jolley voted nay, and Councilmember Souvall was not present for the vote.
DISCUSSION: Lisa Miller, Planning Division, said a formal request to vacate the alley was received in August of 1995. She said the petitioners proposed to vacate the alley and build a fence across the rear portion. She said appropriate City departments had reviewed the petition and had no opposition to the vacation. She said the four property owners who directly abut the section of alley had signed the petition and were in agreement to vacate the alley. She said other property owners who live on the rest of the alley system, and used the leg for access to their homes, opposed the alley vacation. She said the Planning staff held three neighborhood meetings in an attempt to find a mutually agreeable solution to the vacation.
Ms. Miller said the reasons given for not wanting the alley vacated included eliminating a convenient access to their homes, creating more traffic behind their homes, and a perceived safety issue because of turning left across 1300 South to enter the southern legs of the alley. She said due to the objections of the other property owners, the Planning Division recommended that the City Council deny the request.
Linda Clinger, 418 Edith Avenue, Petitioner, said they petitioned to close the alley after repeated problems with crime. She said all four abutting property owners were in favor of the closure. She said they accessed their garages from the front of their homes on 400 East. She said the original paper work stated that if they had the approval of the abutting property owners and corresponding City departments, then the City Council could close an alley without a public hearing. She said right after they filed, they were told that the policy had begun to change and every neighbor was contacted. She said there was some opposition to their request at that time. She said because their request was filed before the policy had changed, she wanted their case decided upon under the original policy.
She said they had experienced numerous problems with crime.
Councilmember Godfrey said the issue should be decided based on the old policy and not on the new way things were handled.
Cindy Gust-Jenson, Executive Council Director, said it was not uncommon for the Planning Division to invite people from the entire neighborhood into a discussion when a problem was perceived. She said the usual result was consensus between all involved, but in this case consensus was not achieved.
M. T. Russell, 415 East 1300 South, said he owned the property which abutted the 1300 South end of the alley. He said the fact that a petition was filed did not negate the rights of other citizens who were using the vacated alley. He said the alley was vacated for the use of citizens. He said the alley was heavily used and most people who used it were elderly or disabled. He said it would be difficult for these individuals to back out onto 1300 South. He said he thought the safety issue far outweighed any other issues. He said neighbors had offered to put street lighting in the alley, at their own expense, if the Clinger's would put up a fence to help negate criminal activity. He said they received no response from the petitioners. He said the vast majority of neighbors living in the area wanted the alley open.
Sherri Carlson, 2163 Wellington Street, said she was concerned about closure of alleys City-wide. She said alleyways, as public access, should be accessible by all citizens. She said according to the Open Space Land Use Master Plan in Salt Lake, there were several alleys which could be used as alternative transportation corridors. She advised the Council to look at the master plan and the use of the alleys.
(P 96-48)
#4. RE: Accept public comment and consider adopting an ordinance rezoning properties located at 1836, 1848 and 1876 West North Temple in the Northwest Community, pursuant to Petition No. 400-96-15.
ACTION: Councilmember Godfrey moved and Councilmember Christensen seconded to close the public hearing, which motion carried, all members present voted aye.
Councilmember Reid moved and Councilmember Christensen seconded to adopt Ordinance 53 of 1996, which motion carried, all members present voted aye.
DISCUSSION: Brent Wilde, Deputy Director Planning Commission, said the petition was initiated by the Planning Division, after recognizing that after adoption of the new zoning ordinance, an error had been made. He said the error was in not zoning the two small, commercial partials Commercial Corridor. He said this was a correction of the Zoning Rewrite.
(P 96-55)
The meeting recessed at 7:00 p.m. and continued in the Committee of the Whole to discuss Petition No. 400-95-60.
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