PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, MAY 15, 1984
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, MAY 15, 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 GRANT MABEY SYDNEY R. FONNESBECK EARL F. HARDWICK ALICE SHEARER TONE M. DAVIS EDWARD W. PARKER.
Council Chairperson Ronald Whitehead presided at and conducted the meeting.
POLICY SESSION
#1. Ms. Leigh von der Esch, council executive director, briefed the Council on agenda items.
#2. Louis Miller, director of airports, briefed the Council on changes in the fee structure at the Salt Lake International Airport. Mr. Miller said that the fees will be less than had previously been anticipated. Mr. Miller indicated that he had met with various groups who were concerned about the fee increase and that a compromise had been reached.
The policy session adjourned at 5:40 p.m.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, MAY 15, 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.
Mayor Ted L. Wilson, Albert Haines, chief administrative officer, and Walter Miller, deputy city attorney, were present at the meeting.
Council Chairperson Ronald Whitehead presided at and Councilmember Sydney Fonnesbeck conducted the meeting.
Invocation was given by Police Chaplain Gillette Vandergrift.
Pledge of Allegiance.
Approval of Minutes
Councilmember Mabey moved and Councilmember Hardwick seconded to approve the minutes of the Salt Lake City Council for the regular meeting held Tuesday, May 8, 1984, which motion carried, all members voting aye.
(M 84-1)
Special Recognition
Fire Chief Pederson read a letter from Captain Joe Campbell, Salt Lake City Fire Department, which states that on April 14, 1984, rescue engine three responded to a choking victim at the Chuck-A-Rama, 2960 South Highland Drive. Prior to arrival the victim was not breathing and was without a pulse. A Chuck-A-Rama employee, Mike Hermanson, took the necessary action to assist this victim. Upon arrival of rescue engine three, the victim was breathing and recovering from his narrow escape. Mike Hermanson’s action saved this person’s life. Chief Pederson presented a certificate to Mike Hermanson expressing the Fire Department’s appreciation.
DEPARTMENTAL BUSINESS
AIRPORT AUTHORITY
#1. RE: An ordinance amending Title 2 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to aeronautics.
Louis Miller, director of airports, said that he and members of the airport staff met with a committee of general aviation representatives to discuss modifications to the proposed ordinance. The fees which were proposed to the Council on April 10, 1984, have been modified as follows: aircraft sales, $100/year; airframe/power plant repair, fee taken out; aircraft rental, $100/aircraft per year; flight training, $100/year and if the certified flight instructor provides the aircraft (through ownership or lease) for training, an additional fee of $100/aircraft per year would be assessed; radio/instrument propeller repair, $100/year; aircraft parts house, fee taken out; commercial flight services, $100/year and if the person offering commercial flight service provides the aircraft (through ownership or lease) for commercial flight service, an additional fee of $100/aircraft per year would be assessed; multiple services, sum of fees for each activity - aircraft fees will only be assessed for one activity; miscellaneous services, $1 00/year. Even though the fees are substantially lower than those previously recommended, Mr. Miller felt that there will be greater compliance and with the significant number of commercial operators, the total revenue to the airport will be approximately the same.
Mr. Miller said that a change has also been made in the insurance requirements for flight training. Previously recommended coverage was $1,000,000 combined single limit bodily injury and property damage liability, $100,000/seat passenger liability. Proposed coverage is bodily injury and property damage liability of $50,000 per person, $500,000 property damage, and $500,000 per accident. Mr. Miller recommended that Title 2 be adopted in its entirety with the changes as proposed. Robert Allred, 764 Pecos Drive in Sandy, spoke on behalf of the users group representing an informal group of commercial business operators. Mr. Allred agreed with the proposal as submitted by Mr. Miller and expressed appreciation to the Council for the time allowed to meet with the airport. He also expressed appreciation to the airport for the good-faith negotiations which were undertaken.
Councilmember Mabey moved and Councilmember Parker seconded to adopt Ordinance 30 of 1984, amending Title 2 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to aeronautics, which motion carried, all members voting aye.
(O 84-8)
CITY ATTORNEY
#1. RE: An ordinance amending Sections 24-13-4, 24-13-5, and 24-13-6 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to conflict of interest.
Without objection, Councilmember Fonnesbeck referred this ordinance to the consent agenda for May 22, 1984.
(O 84-2)
CITY COUNCIL
#1. RE: An amendment to Section 20-38-2 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to the fee for a license to sell fireworks.
Councilmember Whitehead moved and Councilmember Parker seconded to schedule a public hearing for Tuesday, May 22, 1984, at 7:30 p.m. to discuss this amendment, which motion carried, all members voting aye.
(O 84-10)
DEVELOPMENT SERVICES
#1. RE: Amending the 4th Year and 9th Year Community Development Block Grant programs to fund the purchase and installation of a traffic signal at 100 South and 200 West.
Councilmember Whitehead moved and Councilmember Parker seconded to schedule a public hearing for Tuesday, May 22, 1984, at 7:00 p.m. to discuss this amendment, which motion carried, all members voting aye.
(T 84-10)
#2. RE: Awarding 5,000 from Community Development Block Grant funds to Utahns Against Hunger for administrative support.
Councilmember Whitehead moved and Councilmember Parker seconded to schedule a public hearing for Tuesday, May 22, 1984, at 7:00 p.m., which motion carried, all members voting aye.
(T 84-11)
FINANCE AND ADMINISTRATIVE SERVICES
#1. RE: A resolution authorizing the execution of an interlocal cooperation agreement with Salt Lake County for mutual exchange of information via computer.
Councilmember Whitehead moved and Councilmember Parker seconded to adopt Resolution 51 of 1984 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and Salt Lake County for the obtaining of computer files, enabling each entity to retrieve public information via computer from the other entity, which motion carried, all members voting aye.
(C 84-168)
#2. RE: Amending budgets of Salt Lake City, Utah, for the fiscal year beginning July 1, 1983, and ending June 30, 1984.
Councilmember Whitehead moved and Councilmember Parker seconded to schedule a public hearing for Tuesday, June 5, 1984, at 6:15 p.m. to discuss 1983-84 budget amendments, which motion carried, all members voting aye.
(B 83-3)
OFFICE OF THE MAYOR
#1. RE: The appointment of Ms. Edith Roberson to the Salt Lake Art Design Board.
Councilmember Whitehead moved and Councilmember Parker seconded to approve the appointment of Ms. Edith Roberson to the Salt Lake Art Design Board, which motion carried, all members voting aye.
(I 84-9)
#2. RE: An ordinance amending Chapter 3 of Title 24 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to administrative organization.
Without objection, Councilmember Fonnesbeck referred this ordinance to the consent agenda for May 22, 1984.
(O 84-12)
PUBLIC UTILITIES
#1. RE: A resolution declaring the intention of the City Council of Salt Lake City, Salt Lake County, Utah, to create a special improvement district to be known as Salt Lake City Public Utilities Project 50-1295 (18-inch main sewer pipeline) sometimes referred to as the “District”. It is the intention of the City Council to make improvements within the District and to levy special taxes as provided in Chapter 16, Title 10, Utah Code Annotated, (1953), as amended, on the real estate lying within said District for the benefit of which such taxes are to be expended in the making of such improvements. Mr. Albert Haines, chief administrative officer, recommended that the Council postpone action for 30 days so this can be considered as a Council intent and can be considered along with the creation of the westside improvement district. Councilmember Mabey felt that more information is needed regarding this project before action is taken. Mr. Larry Williamsen, initiator of this project, asked that the Council act quickly since the present sewer facilities are inoperable in this project area.
Without objection, Councilmember Fonnesbeck referred this item to the Council agenda for May 22, 1984, and to the policy session for May 22, 1984.
(Q 84-8)
PUBLIC WORKS
#1. RE: A resolution authorizing the execution of an interlocal cooperation agreement with Salt Lake County for improvement of 7200 West between Interstate 80 and 700 South.
Councilmember Whitehead moved and Councilmember Parker seconded to adopt Resolution 52 of 1984 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and Salt Lake County for improvement of 7200 West, which motion carried, all members voting aye.
(C 84-165)
#2. RE: A resolution authorizing the execution of an interlocal cooperation agreement with Utah Department of Transportation for work to beautify the area under the I-80/Highland Drive overpass.
Councilmember Whitehead moved and Councilmember Parker seconded to adopt Resolution 53 of 1984 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and )Utah Department of Transportation for work to beautify the area under the I-80/Highland Drive overpass (for “passive mini-park”) to be performed by Maas Grassli & Associates, which motion carried, all members voting aye.
(C 84-166)
#3. RE: A resolution authorizing the execution of an interlocal cooperation agreement with Utah Department of Transportation for lease of property lying west of Highland Drive (under I-80/Highland Drive overpass).
Councilmember Whitehead moved and Councilmember Parker seconded to adopt Resolution 54 of 1984 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and Utah Department of Transportation for lease of property lying west of Highland Drive (under I-80/Highland Drive overpass) for use as a public “passive mini-park”, which motion carried, all members voting aye.
(C 84-167)
#4. RE: Proposed extension of 3230 West/Gladiola Street.
Councilmember Whitehead moved and Councilmember Parker seconded to schedule a public hearing for Tuesday, June 5, 1984, at 6:30 p.m. to discuss this street extension, which motion carried, all members voting aye.
(W 84-4)
#5. RE: Special Improvement District 38-728, Main Street Beautification, for work on Main Street from North Temple to 400 South.
Albert Haines, chief administrative officer, opened the bids for this project; bids were received from Gibbons & Reed and Okland Construction. The amount of the base hid (schedules A and B) from Gibbons & Reed totaled $2,158,266.90, and the Okland bid totaled $1,919,579.43. The amount of the total bid (schedules A through H) from Gibbons & Reed totaled $2,619,430.00, and the Okland bid totaled $2,394,045.12.
Councilmember Shearer moved and Councilmember Mabey seconded to refer the bids to the City Engineer for tabulation and recommendation, which motion carried, all members voting aye.
(Q 84-2)
PUBLIC HEARINGS
Land Use Plan.
RE: The Westside Neighborhood Land Use Plan.
A public hearing was held at 6:15 p.m. to discuss this plan. Harvey Boyd, planning and zoning, said that the purpose of this plan is to update a 1969 plan. This plan deals with the area between I-80 on the north, 9th South along the south, the Jordan River to the west, and I-15 along the east; this is the east portion of the Neighborhood Housing Services neighborhood. The proposed plan was developed for the transition of the neighborhood from a low density residential neighborhood to a moderate density residential area. A major goal was to preserve as much of the existing housing stock as possible and continue to provide opportunities for retail and commercial land use redevelopment in the area.
This plan has been approved by the Planning Commission and has been presented to the Mayor’s Housing Development Committee. Mr. Boyd said that the main difference in this land use plan is that compatibility guidelines have been provided. This was done to allow for alternative housing forms, use of the twin-home ordinance, and the possibility of reducing the planned-unit development criteria. The guidelines address open space, freeway and orientation of adjacent property, the increase of side yards for 4-plexes, avoiding the use of certain building materials, and the provision of site standards. Mr. Boyd said that the staff recommendation for implementation strategy is to use the compatibility review guidelines. The compatibility review would apply to all residential developments of four or more units and any retail or commercial use which is located on a site adjacent to a residential use or is nonconforming; all other situations would be exempt from the compatibility review. In implementing this land use plan, the Zoning Administrator would review all residential developments up to 10 units and all commercial and retail developments on sites up to 15,000 square feet.
Mr. Boyd summarized by saying that the plan provides compatibility guidelines and recommends density changes. The recommendation is to reduce the number of units in the area’s “R-6” zoning from 80 units per acre to 50 units per acre and reduce the height from 75 feet to around 55 feet. Councilmember Whitehead indicated that even though the recommendation is to reduce the density to 50 units per acre the “R-6” zoning still allows for 80 units. He did not know if reducing the density would be effective because developers can appeal to get the higher density. He was concerned that this would create friction in the neighborhoods. Larry Livingston, council legislative analyst, suggested that perhaps the Council could consider rezoning in order to maintain the lower density. No one from the audience addressed this issue.
Councilmember Whitehead moved and Councilmember Mabey seconded to close the public hearing, which motion carried, all members voting aye.
Councilmember Shearer moved and Councilmember Mabey seconded to request that the Planning and Zoning Department submit the ordinances to the Council, after review by the Planning and Zoning Commission, which will implement the Westside Neighborhood Land Use Plan, which motion carried, all members voting aye.
(T 84-9)
Budget for 1984-1985.
RE: The Mayor’s recommended budget for Fiscal Year 1984-85.
A public hearing was held at 6:30 p.m. to discuss the budget. Albert Haines, chief administrative officer, said that the budget was presented at a previous Council meeting and it has been filed in the City Recorder’s Office. Jack Olsen, Utah Taxpayers Association, said that House Bill 6 passed by the Legislature restricts the 1984 property tax collections to 106% of the previous year’s property tax revenues, which were $17,640,204, including $600,000 of property taxes from capital improvement. He said that 6% of this figure amounts to an increase of $1,058,000 plus growth and construction adjustments, therefore, the general fund property tax revenues are overstated in the recommended budget by $3.5 million, according to the Utah Taxpayers Association’s interpretation of House Bill 6. He advised the Council that the city may be put in jeopardy by including this $3.5 million into the 1985 spending programs. Mr. Olsen said that the State Tax Commission could refuse to certify the higher levy or the courts could declare the higher levy to be illegal. He advised the Council to seek the advice of the Tax Commission before they adopt the budget. Lance Bateman, finance director, said that they have contacted the State Tax Commission and using their formula based on the assessed valuation number from the county, it is felt that the city’s formula is in compliance with state law.
Mr. Haines suggested that Mr. Olsen meet with Mr. Bateman to review this matter in detail. Sue Jones, Salt Lake Area Chamber of Commerce, said that they found no controversies in this budget and so the Chamber of Commerce took a neutral position regarding the budget. Ms. Leigh von der Esch, council executive director, mentioned that the agenda did not specify that federal revenue sharing would be discussed at this hearing so she suggested that the hearing be continued in order to insure compliance.
Councilmember Whitehead moved and Councilmember Parker seconded to continue the public hearing to May 22, 1984, which motion carried, all members voting aye.
Later in the meeting Ms. von der Esch told the Council that according to the Attorney’s Office the federal revenue sharing had been properly noticed and the budget hearing could be closed.
Councilmember Whitehead moved and Councilmember Mabey seconded to rescind the motion continuing the budget hearing, which motion carried, all members voting aye.
Councilmember Whitehead moved and Councilmember Hardwick seconded to close the public hearing regarding the 1984-85 budget, which motion carried, all members voting aye.
(B 84-3)
Dog Licensing.
RE: An ordinance amending Section 100-1-6 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to fees for licensing dogs.
A public hearing was held at 6:30 p.m. to discuss this ordinance. Lou Lynes, director of animal control, said that this ordinance is an attempt to bring Salt Lake City fees equal to those charged by surrounding areas. He also indicated that there will be a new class of licensing which will benefit senior citizens. Mr. Lynes said that this ordinance amendment will allow the animal control department to develop additional revenue to make the operation more self-sustaining. Councilmember Mabey asked if an education program would generate enough revenue so that the fees would not have to be increased. Mr. Lynes said that the education program would reach some people but it would not reach everyone. Councilmember Davis asked if notices are sent to people reminding them to renew licenses. Mr. Lynes indicated that reminders are sent. He also said that an additional clerk will allow all licensing responsibilities to be handled at animal control. No one from the audience addressed this issue.
Councilmember Whitehead moved and Councilmember Hardwick seconded to close the public hearing, which motion carried, all members voting aye.
Councilmember Shearer moved and Councilmember Parker seconded to refer this ordinance to the Committee of the Whole for May 24, 1984, which motion carried, all members voting aye.
(O 84-11)
CITIZEN COMMENTS
#1. Mike Martinez, speaking on behalf of Ron Molen, said that this year education is a primary issue. He was concerned that the present school boundaries promote segregation of minorities. He suggested that the boundaries should be changed in order to more fully integrate children. Mr. Martinez suggested that there was not equity in curriculum between the schools and this should be corrected so that all children receive quality education. He requested that the Council adopt a resolution, do further study, or write a letter expressing concern about the situation. He felt that if the Council shows concern about the problems in education then the school board will be affected in a positive manner.
Councilmember Mabey suggested that part of the problem was due to teachers working at the same school for only two or three years and not staying with the same school for a longer period of time. Councilmember Whitehead suggested that it was more important for students and parents within a school boundary to fight for equal treatment at a school rather than attend a different school. He agreed that there needs to be equity in curriculum.
The meeting adjourned at 7:55 p.m.