PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, JULY 5, 1983
THE CITY COUNCIL OF SALT LAKE CITY, UTAT, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, JULY 5, 1983, AT 5:00 P.M. IN ROOM 211 CITY AND COUNTY BUILDING.
ON ROLL CALL THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: RONALD J. WHITEHEAD ALICE SHEARER GRANT MABEY IONE M. DAVIS SYDNEY R. FONNESBECK EDWARD W. PARKER PALMER DEPAULIS.
Council Chairman Grant Mabey presided at and conducted this meeting.
POLICY SESSION
Jane Erickson briefed the Council on the status of the Utah State Retirement Systems directive that members of the Council participate in the system. Ms. Erickson said that the Board of Directors of the Utah State Retirement Systems had denied the Council’s request to begin participation in the system on July 1, 1983 and ordered Salt Lake City to reimburse the system for the Council’s contribution back to January of 1980. Ms. Erickson indicated that she had discussed the matter with the Executive Director of the System and they had agreed that the Council should submit to the Board a request that payment be postponed until January 1984 and that the City initiate legislation in January of 1984 that would exempt elected officials from the system.
Councilmember Parker moved and Councilmember Davis seconded to direct Ms. Erickson to prepare a letter to the Board requesting postponement of payment until January 1984. The motion also directed Ms. Erickson to initiate legislation that would exempt elected officials from participation in the system. The motion carried unanimously. Leigh von der Esch briefed the Council on items appearing on the agenda. She mentioned a need to amend the ordinance regarding wrecker services by changing the word “tower” to a clearer term.
The policy session adjourned at 5:55 p.m.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, JULY 5, 1983, AT 6:00 P.M. IN ROOM 301 CITY AND COUNTY BUILDING.
ON ROLL CALL THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: RONALD J. WHITEHEAD ALICE SHEARER GRANT MABEY IONE M. DAVIS SYDNEY R. FONNESBEK EDWARD W. PARKER PALMER DEPAULIS.
Mayor Ted L. Wilson, Albert Haines, chief administrative officer, and Wally Miller, deputy city attorney, were present at the meeting.
Council Chairman Grant Mabey presided at and conducted the meeting.
Invocation was given by Police Chaplain Robert Schrank.
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, June 14, 1983, which motion carried, all members voting aye.
(M 83-1)
Special Recognition:
#1. Councilmember Parker presented a Resolution of Appreciation to Harry M. Cowburn who is retiring after 37 years of service as an equipment operator in the public works department. Mr. Cowburn thanked everyone he worked with and said that he had enjoyed working with them. Resolution 65 of 1983 expressing appreciation to Harry M. Cowburn was approved without objection.
(R 83-13)
PETITIONS
Petition 329 of 1982 submitted by Joey Montrone, et al.
RE: Vacation of the alley running north and south between Richards Street and West Temple and starting one lot north of 2100 South running to one lot south of Hartwell Avenue.
DISCUSSION: On April 12, 1983 a public hearing was held before the Council to discuss this request. Following the hearing the Council concluded that it would be in the best interest of the abutting property owners and the residents of the City to vacate only the center portion of the alley in question, rather than the entire alley as had been recommended by the Planning Commission and various City departments. Pursuant to Council directive the ordinance submitted at the time of the hearing was referred to the attorney’s office and to planning and zoning so that the legal description could he modified. It is the recommendation of the planning division that approximately the northern 30 feet and the southern 125 feet of the alley remain open, but the remainder of the alley be vacated. A new ordinance has been prepared in accordance with that recommendation.
Councilmember Whitehead moved and Councilmember Parker seconded to adopt Ordinance 40 of 1983, vacating an alley located within the South Salt Lake Subdivision. Said alley is 25 feet wide and runs north between Richards Street and West Temple commencing one lot north of 2100 South street for 550 feet to one lot south of Hartwell Avenue, which motion carried, all members voting aye.
(P 83-221)
Petition 400-20 of 1982 submitted by Norris W. Goold and J. Leland Behunin.
RE: The vacation of an alley which runs north and south between Columbus Street and Victory Road.
RECOMMENDATION: That the City Council hold a public hearing on August 9, 1983 at 6:15 p.m. to discuss Petition 400-20.
AVAILABILITY OF FUNDS: Mr. Goold has paid the $35 public hearing advertising fee.
DISCUSSION: The petition has been reviewed by the City Engineer, Traffic Engineer, fire department, finance department and the public utilities department. All of these departments recommend that this alley be vacated inasmuch as it is currently overgrown with vegetation, it is not used for any particular access and serves no public purpose; however, all of the property owners who abut the alley have not signed the petition. If there are not serious objections raised at the public hearing the alley should be closed as requested.
Councilmember Whitehead moved and Councilmember Parker seconded to schedule a public hearing for August 9, 1983 at 6:15 p.m. to discuss Petition 400-20 of 1982, which motion carried, all members voting aye.
(P 83-377)
Petition 400-35 of 1983 submitted by Robert W. Koyen.
RE: The vacation of a 20-foot wide alley which runs east and west between Victoria Way and Topaz Drive for a distance of 140 feet, parallel to 10th North and 9th North in Salt Lake City.
RECOMMENDATION: That the City Council hold a non-advertised public hearing to discuss this petition.
DISCUSSION: The petition has been reviewed by the City Engineer, Transportation Engineer, fire department, finance department, and the public utilities department. All of these departments recommend vacation of the petitioned alley. This alley is not improved and is not needed for any vehicular access to any of the abutting property owners. The petition has been signed by both of the abutting property owners. Since the petition has been signed by all abutting property owners and there is no public interest in the use of the alley, it is recommended that the alley be vacated as requested subject to maintaining easements for any utilities which may be located on the property.
Councilmember Whitehead moved and Councilmember Parker seconded to schedule a public hearing for August 9, 1983 at 6:30 p.m. to discuss Petition 400-35 of 1983, which motion carried, all members voting aye.
(P 83-378)
DEPARTMENTAL BUSINESS
ATTORNEY’S OFFICE
#1. RE: Proposed ordinance amending Article 5 of the Traffic Code by amending Section 95 relating to concealing identity or facts.
RECOMMENDATION: That the Council consider amending Section 95 of the Traffic Code.
DISCUSSION: The police department uses a Class “A” special officer to check damage on vehicles in investigating accidents. The courts have ruled that since the person is not a police officer, the law against giving false information does not apply to people who lie to the Class “A” officer. Section 95 of the Traffic Code corrects this defect. Council Chairman Mabey referred the proposed ordinance amending Article 5 of the Traffic Code by amending Section 95, to the July 12, 1983 consent agenda without objection.
(O 83-26)
#2. RE: Proposed ordinance revisions amending Section 32-10-1, et seq., and deleting Section 30-1-26 of city ordinances.
RECOMMENDATION: That the Council consider amending Section 32-10-1, et seq., relating to public offenses, and deleting Section 30-1-26, relating to giving out false information.
DISCUSSION: Several departments, including the City-County Health Department, have requested ordinances making it unlawful for persons to knowingly give false information to City officials, knowing the City will rely on the information. Chapter 10 is a new chapter which makes in illegal to give false information to various departments. It is recommended to repeal Section 30-1-26 as it is a criminal provision which should be in the public offenses chapter instead of the police administration section. The section, as it now exists, is difficult for people to find if they do not know where to look.
Leigh von der Esch, executive director to the Council, indicated that the ordinance deleting Section 30-1-26, relating to false information, had inadvertently been left off the agenda but needed to be considered along with the ordinance amending Title 32. Council Chairman Mabey referred the ordinance amending Section 32-10-1, et seq., and the ordinance deleting Section 30-1-26 of city ordinances to the July 12, 1983 consent agenda without objection.
(O 83-27)
#3. RE: A proposed ordinance amending Section 20-32-2 of city ordinances.
RECOMMENDATION: That the Council consider amending Section 20-32-2 of the Revised Ordinances of Salt Lake City, Utah, dealing with wrecker service.
DISCUSSION: The towing companies are claiming that the City restriction to towers who have facilities within the City acts as an anti-trust violation. The towers comply with the letter of the law but not the spirit of the law. They make arrangements with a yard within Salt Lake City limits to use on the permit but tow cars outside the City. This ordinance amendment broadens the class of eligible towers, but more expressly meets the spirit of the law by requiring them to tow the vehicle to an area close to the City limits unless they have permission of the owner or operator to move the vehicle further.
Council Chairman Mabey referred the proposed ordinance amending Section 20-32-2 of city ordinances to the attorney’s office for rewording; referred without objection.
(O 83-28)
#4. RE: Proposed amendment to Sections 46-6-105 and 46-6-106 and deletion of Sections 46-6-104 and 46-6-110 of the city’s revised ordinances relating to “driving under the influence” charges.
RECOMMENDATION: That the Council consider amendments and deletions of sections of Chapter 6 of Title 46 of the Salt Lake City code.
DISCUSSION: At the request of the city prosecutor’s office, the proposed ordinance enacts into City ordinance the provisions of House Bill No. 142 passed by the Legislature involving 41-6-44, et seq., and 41-6-44.5, et seq., Utah Code Annotated, which relate to driving under the influence of drugs and/or alcohol. Council Chairman Mabey referred the proposed ordinance amending Sections 46-6-105 and 46-6-106 and deleting Sections 46-6-104 and 46-6-110 of City ordinances, to the July 12, 1983 consent agenda without objection.
(O 83-30)
DEVELOPMENT SERVICES
#1. RE: Amendment to Chapter 7 of Title 5 of the Revised Ordinances of Salt Lake City, Utah, 1965, by adding new Section 15 thereto relating to masonry.
RECOMMENDATION: That the ordinance amending Chapter 7, Title 5 of the Revised Ordinances of Salt Lake City, Utah, be adopted.
DISCUSSION: The amendment proposes changes to existing masonry values. The proposed changes would permit a wider use of brick in construction. The amendment has been reviewed with favorable comment by the Housing Development Committee, endorsed by the Utah Structural Engineers Association and adopted by Salt Lake County. It has also been submitted for national review and approval is expected at that level. Council Chairman Mabey referred the ordinance amending Chapter 7 of Title 5 of the City ordinances to the July 12, 1983 consent agenda without objection.
(O 83-31)
FINANCE AND ADMINISTRATIVE SERVICES
#1. RE: Interlocal agreement with Salt Lake County for telecommunications survey.
RECOMMENDATION: That the Council approve the interlocal agreement.
DISCUSSION: Several months ago Salt Lake City Corporation contracted with Telecommunications International, Inc. from Denver Colorado to provide an analysis of the existing telephone service and to make a recommendation whether or not it should be replaced. Because the City shares many of the same lines and much of the equipment with Salt Lake County, that government agency has requested to join with the City in this survey. The cost associated with their participation in the program will be paid by Salt Lake County. Council Chairman Mabey referred the resolution authorizing the interlocal agreement to the July 12, 1983 consent agenda without objection.
(C 83-5)
FIRE DEPARTMENT
#1. RE: Ordinance change to repeal existing Title 15.
RECOMMENDATION: That the City Council adopt the proposed ordinance which would repeal existing Title 15 which incorporates the Life/Fire Safety manual of Salt Lake City and adopts in lieu thereof, the 1982 edition of the Uniform Fire Code.
DISCUSSION: The Salt Lake City Fire Department feels that the Uniform Fire Code with amendments, deletions and exceptions as proposed by the Salt Lake City Fire Department will make inspections much more uniform throughout the City. Council Chairman Mabey referred the proposed ordinance amending Title 15 of the Revised Ordinances, relating to fire prevention codes, to the July 12, 1983 consent agenda without objection.
(O 83-29)
PUBLIC WORKS
#1. RE: An ordinance changing the name of “Sir Phillip Drive” between 1305 North 2000 West and 1355 North 1995 West to “Sir Philip Drive” upon the Official Street Map of Salt Lake City.
RECOMMENDATION: That City Council eliminate confusion and change the name of that portion of Sir Phillip Drive, as it is presently named and located, to Sir Philip Drive.
DISCUSSION: Because of a drafting error the spelling of Sir Philip Drive on Westpoint Plat B Amended Subdivision is incorrect. No homes have been built on lots abutting the street and no address certificates on the proposed street have been issued. Council Chairman Mabey referred the ordinance changing the name of “Sir Phillip Drive” to “Sir Philip Drive” to the July 12, 1983 consent agenda without objection.
(O 83-32)
#2. RE: An ordinance changing the name of “Major Avenue” as it lies at 1400 North between Miami Road and Morton Drive to “Springfield Road” upon the Official Street Map of Salt Lake City.
RECOMMENDATION: That City Council eliminate confusion and change the name of that portion of Major Avenue, as it is presently named and located, to Springfield Road.
DISCUSSION: Major Avenue duplicates Major Street which is located at 50 East running from 550 South to 2110 South. This matter has been discussed with Mike Holmes of Prowswood Inc., developer of Amended Plat A Westpoint Subdivision, and he agrees that Major Avenue should be renamed Springfield Road. One address has been issued on Major Avenue, however, at the time of issue the applicant was told the street name is incorrect. The owner will be advised when Council executes the proposed ordinance. No other structures exist on the street. Council Chairman Mabey referred the ordinance changing the name of “Major Avenue” to “Springfield Road” to the July 12, 1983 consent agenda without objection.
(O 83-33)
PUBLIC HEARINGS
Urban Development Action Grant.
RE: Urban Development Action Grant applications for Triad Center Phase II on Block 85 and for the Salt Lake Renaissance Center on Block 49.
A public hearing was held at 6:15 p.m. to discuss the two UDAGs. Doug Carlson, capital planning and programming, said that this public hearing was being held to discuss and receive public comment regarding Urban Development Action Grant assistance with the Plaza at Triad Center and the Salt Lake Renaissance Center projects. The hearing is required by Federal UDAG program regulations. Mr. Carlson said that there was not a staff recommendation at this time because the projects were still being reviewed but there will be a recommendation by the July 19 public hearing.
Richard Nordlund, Triad Utah, explained the Triad project and referred to architectural renderings to describe the project. Triad Utah proposes a mixed-use development called The Plaza at Triad Center on Block 85, 300 West to 200 West and South Temple to North Temple. The Plaza will feature three residential condominium towers, a five film theater complex, a Utah/Salt Lake City multi-media “experience” theater, 21,000 square feet of office space, restaurants, and a retail specialty shopping center comprised of 50 to 70 shops and boutiques. Mr. Nordlund said that the retail complex will not adversely affect the downtown area because it is mainly specialty retail. The office space will mainly be used for medical-related purposes. Mr. Nordlund indicated that the residential towers are projected to be 25 stories high and contain a total of 450 residential units ranging in size from 1,200 to 2,000 square feet. Amenities such as tennis courts, swimming pool, etc. will also be available. The center condominium tower will be constructed initially with the east and west towers following the first structure in six month increments. A parking structure located both above and below ground will provide approximately 2,400 structural stalls. The parking will be made available to condominium owners and the general public.
Mr. Nordlund said that development would begin around November of 1983 and the first phase of the east block would be available September 1, 1985. The total capital expenditure will be approximately $160,000,000. Mike Lawrence, Hill Mangum Investment, described the Salt Lake Renaissance Center project. This project consists of a 24-story luxury hotel development on the northeast corner of Block 49, 200 West to 300 West and 300 South to 400 South. He said that over two acres of the area is under lease option. The hotel will be a Ramada Renaissance with 300 guest rooms, a three story atrium for the main entrance, restaurants, shops, a ballroom and conference area, and a men’s and women’s health club. Adequate parking will also be available.
Mr. Lawrence indicated that the physical conditions and zoning of the site are conducive to development of a high-rise hotel project, and according to the redevelopment agency, the project is compatible with current plans for Block 49. This project will add to the convention capabilities of Salt Lake City. Ramada attracts business and convention clientele which will compliment the growing area.
Mr. Lawrence said that this project will add to the tax base and will provide 300 permanent employees. Councilmember Fonnesbeck said that the Council considered this to be a critical project and they would want to spend the time studying its compatibility with the area. Councilmember Mabey reiterated this point. Councilmember Whitehead said that the development occurring on the west side was a compliment to the area. No one from the audience addressed the Council about either project.
Councilmember Whitehead moved and Councilmember Parker seconded to continue the public hearing to July 19, 1983, which motion carried, all members voting aye.
(T 83-15) & (T 83-17)
CITIZEN COMMENTS
#1. Kitty Edsall addressed the Council and Mayor concerning the Salt Lake City Division of Animal Control. Ms. Edsall said that the public services in Salt Lake are fine except for animal control. She indicated that every day she sees many dogs running loose in the streets and when she has contacted animal control about the situation the employees have been rude and unprofessional. Councilmember Mabey said that the Council realizes there are problems in this area and the City is currently considering contracting animal control services with the county.
Mayor Wilson reiterated that the City is considering merging services with the county but wants to ensure that service will be improved. He also said that he has received positive comments about the animal control division. Mayor Wilson said that he would meet with Ms. Edsall to try and resolve the complaints.
The meeting adjourned at 7:00 p.m.