PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, MAY 22, 1984
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, MAY 22, 1984, 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 EARL F. HARDWICK.
Council Chairperson Ronald Whitehead presided at the meeting.
POLICY SESSION
1. Ms. Leigh von der Esch, council executive director, briefed the Council on various agenda items. 2. Judy Lever, assistant city attorney, briefed the Council on the Capitol Hill Historic District. Ms. Lever said that out of a total of 1200 letters received concerning the district, there have been nine protest letters. She then suggested that the Council seriously consider the efficacy of spot zoning. She added that when considering the zoning for vacant lots the Council should take design review specifications for future buildings into consideration. 3. Rick Johnston, deputy city engineer, reported to the Council that the bid for the Main Street Beautification Project had been awarded to the Okland Construction Company.
4. Max Peterson, city engineer, briefed the Council on information concerning the creation of Special Improvement District 40-R-6. Councilmember Shearer suggested to Mr. Peterson that the curb and gutter refurbishing in this project should set an October 1 deadline for its completion. Mr. Peterson agreed and said that the project would proceed with extra caution to avoid unnecessary disruptions to city traffic. 5. Nancy von Allmen briefed the Council on the progress of the Hansen Hollow Nature Park. She said that the park has many interesting scientific and historical phenomena and that city funds would be well spent in funding this project.
6. Jim Bollwinkel, water department, discussed the creation of a special sewer district in the area of Indiana Avenue. Mr. Bollwinkel said that the high water table has left residents without adequate plumbing facilities. 7. Albert Haines, chief administrative officer, discussed flood expenditures with the Council. Mr. Haines said that $552,000 has been spent on flood related items and that the city will negotiate for reimbursement of a portion of these funds from the county.
The policy session adjourned at 5:55 p.m.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, MAY 22, 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. FONNESI3ECK EDWARD W. PARKER EARL F. HARDWICK.
Mayor Ted L. Wilson, Albert Haines, chief administrative officer, and Judy Lever, assistant city attorney, were present at the meeting.
Council Chairperson Ronald Whitehead presided at and Councilmember Sydney Fonnesbeck conducted the meeting.
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 meetings held Tuesday, May 15, 1984, and Thursday, May 17, 1984, which motion carried, all members voting aye.
(M 84-1)
PETITIONS
Petition 400-137 of 1983 by Con Kostopulos for Elva Plumer.
RE: The vacation of the southern portion of a public alley located within the Arlington Heights Subdivision, said alley being 15 feet wide running south from 700 South at approximately 1075 East between McClelland and 1100 East Streets in Salt Lake City.
Councilmember Mabey moved and Councilmember Davis seconded to adopt Ordinance 26 of 1984, vacating the southern portion of a public alley located within the Arlington Heights Subdivision, said alley being 15 feet wide running south from 700 South at approximately 1075 East between McClelland and 1100 East Streets, which motion carried, all members voting aye except Councilmember Parker who was absent when the vote was taken.
(P 84-16)
Petition 400-138 of 1983 by Citizens for Capitol Hill Historic District.
#1. RE: Requesting that Capitol Hill be designated as a historic district.
Councilmember Fonnesbeck indicated that 1200 letters had been sent to residents in the area and nine letters of protests were received. She asked if there was anyone present who wanted to add to their written protest. Judith Smith addressed the Council. She said that her family association owned four properties on Gordon Place, and had submitted a written protest. She said that Gordon Place is on the boundary of the proposed district. She said that one building is in such decayed condition that they made plans two years ago to demolish it for safety. The city indicated that this was a blighted street and rehabilitation projects were going to be started, therefore no demolition action was taken. She feels that the buildings should be demolished for safety and leave the properties out of the district. Councilmember Fonnesbeck said that Gordon Place is included in block redesign and that whatever needs to be done in the area can be done regardless of whether or not it is included in the district. She said that this would mean only one additional review for the demolition.
Vernon Jorgensen, planning and zoning, pointed out the area on a map which showed the properties that had protested. Judy Lever, assistant city attorney, pointed out the school board properties: Washington School in the middle of the district and West High School on the southwest corner boundary. She said that there may be a problem with spot zoning in leaving out the school board properties, which would be considered arbitrary and capricious. This would cause two problems: (1) with the overall master plan or policies the Council is trying to achieve, which is to preserve the historical and protect it by requiring new construction to be compatible; and (2) that it does not appear that the action taken is specifically benefiting one property owner to the disadvantage of another.
Ms. Lever said that Washington School is already part of the historical district as adopted by the state and the federal government. She said that no evidence has been presented why the adoption of the district should not pertain to these particular sites. She said they are probably not historical buildings, however, there are many non-historical buildings within the district. Ms. Lever said if there is validity in establishing a district, then there needs to be a rational reason why this land does not meet that criteria. She said that if this property is left out of the district and new construction occurs on that sight the surrounding properties would be disadvantaged. This could lead to a challenge on equal protection, particularly around Washington School.
Ms. Lever said that there are two alternatives to leaving out the West High property. She said two parcels front streets included in the district. Alternative number one is to include the frontage of Parcel A on 200 West. Alternative number two is to include the frontage of Parcel F on 300 West and 300 North along with Parcel A. The only implications on the property would be for new construction. Ms. Lever said that if the frontages of these two parcels are not included they would not be subject to review prior to construction. The proposed boundary, which is larger than the boundary requested in the petition, is to protect the district. There is a significant historical building on 200 West adjacent to Parcel A. Ms. Lever recommended that both parcels be included for consistency. Councilmember Whitehead said that inclusion of the two parcels is good planning and would only protect the district.
Councilmember Whitehead moved and Councilmember Hardwick seconded to adopt Ordinance 34 of 1984, adopting the Capitol Hills Historic District and including the frontages for Parcels A and B (substitute page 3b), which motion carried, all members voting aye except Councilmember Parker who was absent at the time of the vote.
(P 84-7)
DEPARTMENTAL BUSINESS
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.
Councilmember Mabey moved and Councilmember Davis seconded to adopt Ordinance 32 of 1984, 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, which motion carried, all members voting aye except Councilmember Parker who was absent at the time of the vote.
(O 84-2)
DEVELOPMENT SERVICES
#1. RE: Allocation of $20,000 of 10th Year CDBG funds for sidewalk repair to the East Liberty Park neighborhood.
Councilmember Fonnesbeck said that the Council could either suspend the rules and approve the allocation or refer it to unfinished business for June 5, 1984. Councilmember Whitehead was concerned about taking money away from target areas and felt the item should be discussed further. Councilmember Shearer said it was her understanding the administration of CD funds was worked out with the Community Councils for the year. She said that the areas are eligible, however, no longer target areas. She said that it is policy that money may be spent in non-target areas, and it should have been handled administratively.
Leigh von der Esch, council executive director, said perhaps this was presented to Council because of the significant amount and a specific Community Council was making the request. Councilmember Whitehead said that the Council should appropriate the money and then staff should be responsible to stay within the established guidelines. Councilmember Shearer said that the alternative is for the Council to make allocations for the total after staff recommendation. Councilmember Hardwick said a list of allocations would give the Council direct input into what projects are undertaken.
Councilmember Shearer moved and Councilmember Mabey seconded to request a total allocation proposal of the $209,000 for curb and gutter work as a recommendation from CD Administration and refer this back to Council for approval when a total list has been comprised, which motion carried, all members voting aye.
(T 84-12)
FINANCE AND ADMINISTRATIVE SERVICES
#1. RE: Tax anticipation notes.
Councilmember Mabey moved and Councilmember Davis seconded to approve Resolution 57 of 1984, authorizing the issuance and confirming the sale of $24,000,000 Tax and Revenue Anticipation Notes, Series 1984, of Salt Lake City, Utah, and the form and related matters and accepting Ehrlich-Bober & Co., Inc. proposal for same, which motion carried, all members voting aye except Councilmember Parker who was absent at the time of the vote.
(Q 84-9)
#2. RE: Inducement resolution for Big ‘V’ Associates for Industrial Development Revenue Bonds in the amount of $5 million for the construction of a 41,000 square foot office building at 455 East 500 South. Said inducement resolution was previously approved under the name of Hermes Associates in the amount of $9.5 million for construction of an office building at 100 South 500 East.
Without objection, Councilmember Fonnesbeck referred the inducement resolution to the consent agenda for June 5, 1984.
(O 84-10)
#3. RE: The Industrial Revenue Bond for Big ‘V’ Associates in the amount of $5 million for construction of an office building at 455 East 500 South.
Councilmember Mabey moved and Councilmember Davis seconded to set a date for a public hearing on Tuesday, June 12, 1984 at 6:15 p.m. to discuss the Industrial Revenue Bond for Big ‘V’ Associates, which motion carried, all members voting aye except Councilmember Parker who was absent at the time of the vote.
(Q 84-10)
OFFICE OF THE MAYOR
#1. RE: An ordinance amending Chapter 3 of Title 24 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to administrative organization.
Councilmember Mabey moved and Councilmember Davis seconded to adopt Ordinance 33 of 1984, amending Chapter 3 of Title 24 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to administrative organization, which motion carried, all members voting aye except Councilmember Parker who was absent at the time of the vote.
(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.
Councilmember Mabey moved and Councilmember Whitehead seconded to adopt Resolution 58 of 1984, the Notice of Intention to create Special Improvement District Salt Lake City Public Utilities Project 50-1295, which motion carried, all members voting aye except Councilmember Parker who was absent at the time of the vote.
Without objection, Councilmember Fonnesbeck set a date for a public protest hearing regarding the “District” on Tuesday, July 17, 1984 at 6:15 p.m.
(Q 84-8)
PUBLIC WORKS
#1. RE: Special Improvement District 38-728, Main Street Beautification, for work on Main Street from North Temple to 400 South.
Councilmember Davis moved and Councilmember Hardwick seconded to adopt Resolution 56 of 1984, awarding the construction bid to Okland Construction Company for the Main Street Curb & Gutter Extension No. 38-728, which motion carried, all members voting aye except Councilmember Parker who was absent at the time of the vote.
(Q 84-2)
#2. RE: Resolution to create Concrete Replacement Special Improvement District No. 40-R-6, and to authorize construction of improvements.
Councilmember Mabey moved and Councilmember Whitehead seconded to adopt Resolution 59 of 1984, creating Special Improvement District 40-R-6 and authorizing the construction of improvements, which motion carried, all members voting aye except Councilmember Parker who was absent at the time of the vote.
(Q 84-5)
PUBLIC HEARINGS
Surplus Property.
RE: Conveyance of real property located at approximately 1050 East 4800 South in Salt Lake County.
A public hearing was held at 6:00 p.m. to obtain public comment. Mr. Vernon Jorgensen, planning and zoning, said that the property was purchased by public utilities in order to obtain a right-of-way, and would be sold as surplus property with the city maintaining the right-of-way. 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.
(W 84-5)
Petition No. 400-115 of 1983 by Alice Morehouse, et al.
RE: Vacation of a public alley located within the Seventh South Subdivision, said alley being a ten foot alley which runs east and west between Post Street and 1000 West, parallel to 700 and 800 South.
A public hearing was held at 6:15 p.m. to discuss the issue. Vernon Jorgensen, planning and zoning, pointed out the alley on a map and indicated that all property owners on the east half of the alley had signed the petition and two property owners on the west half had not signed. He said that the request is for the east half of the alley to be closed, therefore, all abutting property owners signatures had been obtained. No one in the audience was present to address this issue.
Councilmember Davis moved and Councilmember Mabey seconded to close the hearing, which motion carried, all members voting aye except Councilmember Parker who was absent at the time of the vote.
Councilmember Mabey moved and Councilmember Whitehead seconded to adopt Ordinance 35 of 1984, vacating an alley located within the Seventh South Subdivision running east and west between Post Street and 1000 West, which motion carried, all members voting aye except Councilmember Parker who was absent at the time of the vote.
(P 84-37)
Salt Lake City Library Budget FY 1984-85.
RE: The proposed budget for the Salt Lake City Library for Fiscal Year 1984-85.
A public hearing was held at 6:30 p.m. to obtain public comment on the proposed budget. Steven Allred, member of the Library Board, said that the budget is in the same form as it has been in the past and pointed out some items for consideration. He said that with the 106% limitation imposed by the legislature the library was stressed due to the fact that it is entirely funded by property taxes. The budget is very strict this year especially with two new branches opening. The new branches may not open full time as planned. Library personnel is as much as 30% below parody with other government offices. The Board had adopted a policy to bring this to parody, which now cannot he done due to financial restraints. Councilmember Shearer asked why the library appeared to be over by six percent. Mr. Dennis Day, library director, said that this was money transferred from capital budget (set aside for the new branches) to the operating budget. He said the entire budget is 106% of actual tax income for 1983/84.
Councilmember Shearer asked if more property tax was taken in than expected. Mr. Day indicated this was the case. Mr. Day explained that the transfer was being done to operate the new branches. Councilmember Shearer asked when the Foothill Branch would be open. Mr. Day explained that last year’s target was to raise $200,000 for each branch and to date $210,000 has been raised for Foothill and $185,000 for the Avenues branch. He said that they hope to have the $200,000 for the Avenues before the end of the year. The Avenues should be operational by the target date of September. There have been some problems with the Foothill project due to water. Soil testing has meant redesign of the base and the new target date for opening will be sometime between November 1984 to January 1985.
Councilmember Mabey moved and Councilmember Whitehead seconded to close the hearing, which motion carried, all members voting aye except Councilmember Parker who was absent at the time of the vote.
Councilmember Whitehead moved and Councilmember Mabey seconded to refer the Library Budget FY 1984-85 to the Committee of the Whole of May 24, 1984 for further discussion, which motion carried, all members voting aye except Councilmember Parker who was absent at the time of the vote.
(B 84-4)
Petition 500-18 of 1983 by Steven Angerbauer, Triad Utah.
RE: Requesting that the Tavern and Private Club location map be amended by extending the “A” district to include the areas between 300 and 400 West and North Temple and 100 South.
A public hearing was held at 6:45 p.m. to discuss the issue. Vernon Jorgensen, planning and zoning, pointed out the area on the map and said the boundary is presently 300 West between the “A” and “B” zones. “A” zones limit establishments to two per block and “B” zones limit establishments to 660 feet apart. The request is to move the boundary west one block so that the two blocks of Triad Development will be within the same zone. This change has been recommended by the Planning Commission. Steven Angerbauer, petitioner, said that they have received approval from planning and zoning, the police department and city licensing. He showed a map with the maximum establishments under the current allocation. Nine clubs would be allowed in the east block project and four on the west side. He said that is an excessive number and a very high concentration on one block. The reason for the request is to be able to spread out the allocation and with the change they would hold their maximum to 11 clubs for the three block project. Mr. Angerhauer said it would be possible to put in more than 11 clubs, however, as landlords it would not be a good policy due to market saturation. They will also be able to approve or disapprove what types of groups are allowed space. He said that they would be more sophisticated types of clubs than were in the area prior to Triad.
Bernice Cook, People’s Freeway Community Council, said that she is against having any more private clubs or beer establishments on the west side of town. She feels that there are too many presently. She also feels it will cause traffic congestion. B.T. Price said that he thinks that Triad is doing well with the area and welcomes this development, however, 13 liquor establishments is too many. Mr. Jorgensen said that the main purpose of extending the “A” zone will be flexibility, and this will be a different type of tavern, more like the Petroleum Club and the University Club.
Councilmember Whitehead moved and Councilmember Davis seconded to close the hearing, which motion carried, all members voting aye except Councilmember Parker who was absent at the time of the vote.
Councilmember Davis moved and Councilmember Hardwick seconded to adopt Ordinance 36 of 1984, amending the Tavern and Private Club location map by extending the “A” district to include the areas between 300 and 400 West and North Temple and 100 South, which motion carried, all members voting aye except Councilmember Parker who was absent at the time of the vote.
(P 84-31)
Utahns Against Hunger.
RE: Awarding $5,000 from Community Development Block Grant funds to Utahns Against Hunger for administrative support.
A public hearing was held at 7:00 p.m. to consider this request. Steve Johnson, executive director for Utahns Against Hunger (UAH), said that he had submitted a letter in April explaining the reason for requesting emergency funding. He said that the request last year was for a one-time grant. UAH hired a new executive director in September. This person, however, did not meet the responsibility of maintaining funding sources. By December of 1983 UAH was facing a serious problem. Mr. Johnson said that he assumed the executive director position in March. He said UAH has two components: (1) child care food program, which sponsors the federally funded program which provides meal reimbursement to private family day care providers. This program pays for much of UAH overhead costs and three staff positions. This program is fairly secure. (2) Advocacy and Low income client work program. This second program is in serious threat right now. There is enough money for a little under two months without additional resources and this program will have to end by the end of July. He said that the problems demonstrated do not reflect on the overall performance of the agency. UAH has recently released food survey programs, and plays a valuable roll in the community and in the state. Mr. Johnson said that they need time and emergency funding will allow them to rebuild their funding base and continue their work. He said that they have other funding applications with other agencies and funding possibilities for next year.
Councilmember Whitehead indicated that he was concerned with granting funds for one time situations which never end. He said that it gets to the point where it is not a matter of the program not being needed, but the number, and the idea that the Council gives money for a one time situation and then the requests continue. There are many people who do need help, yet are turned down. Councilmember Fonnesbeck asked why this was not presented through the regular CD process. Mr. Johnson said that he was not in a position in the agency to do so at that time. Councilmember Fonnesbeck said that so many people are turned down who have gone through the process that it makes it difficult for the Council to grant funding requests from slippage.
Bill Walsh, UAH treasurer, said that by the time they were aware of the financial problems it was too late to go through the CD process. He said that UAH Board and staff are committed and explained some of the work and that it is a beneficial group. Doug Carlson, capital planning, said that if approved, the money would be taken from 9th year funds of which $42,894 remains. He said that the block grant could afford this if the Council approves it. Mayor Wilson indicated the same concerns as the Council. He said that the board of UAH should have been aware of the problems earlier, and gone through CD process. He said that if the Council does fund this, then other groups will request slippage. He said that this is a very fine organization, but felt the request should be denied since they were told last year that they would get a onetime grant and the government needs to be consistent. The mayor offered to work with them to find private funding.
Councilmember Shearer moved and Councilmember Davis seconded to close the hearing, which motion carried, all members voting aye except Councilmembers Whitehead and Parker who were absent at the time of the vote.
Councilmember Shearer moved and Councilmember Davis seconded to deny the request for $5,000 from 9th year Community Development Block Grant contingency fund to Utahn’s Against Hunger, which motion carried, all members voting aye except Councilmember Hardwick who voted nay and Council Members Whitehead and Parker who were absent at the time of the vote.
(T 84-11)
Traffic Signal at 100 South 200 West.
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.
A public hearing was held at 7:00 p.m. to discuss this issue. P.D. Kiser, traffic division, pointed out the area on a map and said that there is very heavy pedestrian and vehicular traffic in the area of 100 South and 200 West. He said their studies show that about 650 pedestrians cross this street per day, most from the senior citizen high rise and using the cross walk at mid block. They use this path to get to West Temple through the Salt Palace. The Salt Palace said that they are not concerned about people using this route, however, they are making changes and access will be at 100 South. This means that people most likely will not go south to the mid-block crosswalk or 200 South.
Mr. Kiser said that the signal would better serve vehicular and pedestrian traffic at 100 South rather than at the present mid-block crosswalk. Councilmember Mabey did not have concerns about cars stopping at 100 South, but was concerned about the road further south. Councilmember Whitehead was concerned about visibility for vehicles in the tunnel. Mr. Kiser said that the light would be high enough for cars to see, and they had checked the visibility at every 100 feet. Mr. Kiser indicated that the light could be installed by the end of July.
Councilmember Shearer asked if the tunnel could be signalized. Mr. Kiser said that it may confuse drivers because it would not be a normal signal. Doug Carlson, capital planning, said that the funding is in place. They will take about $15,700 from 4th year CD and then the balance from 9th year CD funds. The residents of the high rise wanted a light at 100 South and 200 West.
Councilmember Whitehead moved and Councilmember Mabey seconded to close the hearing, which motion carried, all members voting aye except Councilmember Parker who was absent at the time of the vote.
Councilmember Whitehead moved and Councilmember Mabey seconded to approve funding from the 4th and 9th Year Community Development Block Grant programs to fund the purchase and installation of a traffic signal at 100 South and 200 West, which motion carried, all members voting aye except Councilmember Parker who was absent at the time of the vote.
(T 84-10)
License Fee for the Sale of Fireworks.
RE: An ordinance amending Section 20-38-2 of the Revised Ordinances relating to license fee required for the sale of fireworks.
A public hearing was held at 7:30 p.m. to discuss this issue. Deputy Fire Chief Kimball said that the fire department supports this change. He said that the increase is justified because of the costs involved in checking the stands and points of sale each day.
Councilmember Mabey moved and Councilmember Whitehead seconded to close the hearing, which motion carried, all members voting aye except Councilmember Parker who was absent at the time of the vote.
Councilmember Whitehead moved and Councilmember Shearer seconded to adopt Ordinance 31 of 1984, amending Section 20-38-2 of the Revised Ordinances relating to license fee required for the sale of fireworks, which motion carried, all members voting aye except Councilmember Parker who was absent at the time of the vote.
(O 84-10)
The meeting adjourned at 7:50 p.m.