November 10, 1998

 

The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, November 10, 1998, at 6:00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State.

 

      The following Council Members were present:

 

            Carlton Christensen           Tom Rogan         Deeda Seed 

            Roger Thompson                Bryce Jolley      Keith Christensen

 

      The following Councilmember was absent: 

 

            Joanne Milner

 

      Mayor Deedee Corradini; Steven Allred, Deputy City Attorney; Cindy Gust-Jenson, Executive Council Director; and Bonnie Ferrin, Deputy City Recorder, were present.

 

      Councilmember Jolley presided at and conducted the meeting.

 

      #1.  The Council led the Pledge of Allegiance.

 

      #2.  Councilmember Seed moved and Councilmember K. Christensen seconded to approve the minutes of the Salt Lake City Council meeting held November 3, 1998, which motion carried, all members present voted aye.

(M 98-1)

 

      Councilmember Jolley acknowledged the presence of the City's Youth City Government.  He asked each member to stand and give their names and titles.

 

QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL

 

      Councilmember Thompson congratulated the Mayor and her Administration for the excellent clean-up efforts after the recent storm in the City.

 

      Councilmember Jolley said he had the opportunity to fly to Boise, Idaho to meet with the Mayor and Young Men's Christian Association (YMCA) officials.  He said they had a great program and he looked forward to talking with the Mayor about it.

 

CITIZEN COMMENTS

 

      Michael Martin, 417 "M" Street, said Councilmember Rogan said that both sides had come to an agreement regarding the dog off-leash ordinance.  He said that was not true.  He said the proposal would be agreed upon only if the area was fenced.  He said there were problems in the park over the weekend because dogs were running at large and Animal Control personnel were hesitant about enforcement.

 

      Scott Lazar, 1151 South 900 South, said he supported the "Boulders in the Park" project.  He said he had the support of former Mayor Ted Wilson, Senator Scott Howell, Senator Pete Suazo, and Police Chief Ruben Ortega.

 

      Mr. Lazar showed an aerial map of Liberty Park where he proposed to put the boulders.  He prepared an approval form for the Council to review.

 

      Susan Ozaki, 1319 East Sherman Avenue, said she and her husband were avid climbers in both artificial walls and natural rock.  She said "Boulders in the Park" would be a wonderful use of the park system for her young daughter.  She said there were people, in addition to the youth, who would benefit from having this in the City's public parks.

 

      Councilmember Seed said there would soon be discussion regarding skateboarding and creating a skateboarding park.  She said the question of liability had come up and it was discovered that liability would not be as big of an issue as once thought.  She suggested incorporating the "Boulders in the Park" concept into the skateboard park concept.  She said they were both recreational directions which the Council had not yet explored.

 

      She said establishing new parks and recreational equipment in parks was an Administrative function, not a Council function.  She said the only way the Council was involved was if they were asked to approve the budget for the items.  She said she liked the idea and hoped the Administration would support it.

 

      Ms. Ozaki said she would appreciate the Council funding the project.

 

      Fitha Davern, 1447 South 1200 East, said some teenagers did not like school physical education programs but did enjoy rock climbing.  She said the "Boulders in the Park" project was an excellent idea.

 

      Kristina Robb, 1182 East Sunnyside Avenue, said small children benefited by climbing as a recreational source.  She said she had a small climbing apparatus in her garage which attracted many young children. She said the Maryweather Park in Seattle, Washington had a rock climbing project and liability concerns had been addressed there.  She said she hoped the project would be approved.

 

      Councilmember Thompson said he was not sure the Council had enough information to make a judgement yet.  He asked for cost and other pertinent information.

 

      Rob Heineman, 323 "M" Street, said he supported the dog off-leash compromise proposal and asked the Council to vote in favor of it.  He said he was looking forward to working with the Administration and Advisory Council.

 

      Mr. Heineman said the University of Washington in Seattle had a climbing rock for at least 10 years.  He suggested contacting them to find out about the liability issue.

 

      Suzann Maloney, 775 East 9th Avenue, said she hoped the area in Lindsey Gardens could be at least partially fenced for dogs not under voice control.

 

      Mayor Corradini said in concept she was supportive of the Boulders in the Park project, but there was a CIP process which needed to be recognized and gone through.

 

CONSENT AGENDA

 

      ACTION:  Councilmember Thompson moved and Councilmember Seed seconded to approve the Consent Agenda, which motion carried, all members present voted aye.

 

      #1.  RE:  Approving the appointment of Barbara Ishimatsu to the Public Utilities Advisory Committee for a term extending through December 31, 1999.

(I 98-3)

 

      #2.  RE:  Approving the appointment of Nancy Brame to the Community Development Advisory Committee for a term extending through July 1, 2001.

(I 98-16)

 

      RE:  Approving the appointment of Kinde Nebeker to the Community Development Advisory Committee for a term extending through July 3, 2000.

(I 98-16)

 

      RE:  Approving the appointment of Stephen J. Metcalf to the Community Development Advisory Committee for a term extending through July 1, 2001.

(I 98-16)

 

      #3.  RE:  Approving the appointment of F. Keith Stepan to the Airport Authority Board for a term extending through July 3, 2000.

(I 98-7)

 

      #4.  RE:  Approving the appointment of Suzanne Weaver to the Transportation Advisory Board for a term extending through September 24, 2001.

(I 98-2)

 

NEW BUSINESS

 

      #1.  RE:  Adopting an ordinance amending Chapter 2.14 and Sections 2.08.030, 5.71.010, 5.71.040, 5.71.050, 12.56.240, 16.04.110, 16.12.180, 16.12.400, 16.12.460, 16.44.030, 16.56.020, 16.56.020, 16.60,030, 16.60.065, 16.60.110, 16.60.190, 16.60.200, and 21A.32.060, Salt Lake City Code, relating to the Airport Department.

 

      ACTION:  Councilmember K. Christensen moved and Councilmember Thompson seconded to suspend the rules and adopt Ordinance 86 of 1998, the proposed amendments relating to the Airport Department, but retain the existing definitions of "Director" in Chapter 16.04.110 and revise Section 2.14.010 - Definitions - to include language that says a board member means a person appointed by the Mayor of the City with the advice and consent of the City Council, who is duly qualified and an acting, voting member.  Councilmember K. Christensen also moved that language in Section 2.14.040 that says, "but each board member shall continue to hold that office until a successor is appointed and qualified," be deleted from the section, which motion carried, all members present voted aye.

 

      DISCUSSION:  Councilmember C. Christensen asked about Option 4, board members being allowed to remain until a successor was appointed.

 

Councilmember Seed said the motion which passed was Motion 3.

(O 98-30)

 

UNFINISHED BUSINESS

 

      #1.  RE:  Adopting a motion accepting the City Recorder's statement from the abstract of the votes constituting the canvass of the Special Election held November 3, 1998, to determine the question of the issuance of General Obligation Bonds of the City in an amount not to exceed $84,000,000 and providing for related matters.

 

      ACTION:  Councilmember Seed moved and Councilmember K. Christensen seconded to recess as City Council, which motion carried, all members present voted aye.

 

      Councilmember Seed moved and Councilmember C. Christensen seconded to convene with Mayor Corradini as the Board of Canvassers, which motion carried, all members present voted aye.

 

      Councilmember Seed moved and Councilmember K. Christensen seconded to adopt the motion, which motion carried, all members present voted aye.

 

      Councilmember Seed moved and Councilmember K. Christensen seconded to adjourn as the Board of Canvassers, which motion carried, all members present voted aye.

 

      Councilmember C. Christensen moved and Councilmember Thompson seconded to reconvene as the City Council, which motion carried, all members present voted aye.

(U 98-2)

 

      #2.  RE Adopting a resolution finding and promulgating the results of a special bond election held in Salt Lake City, Salt Lake County, Utah, on November 3, 1998, to determine the issuance of $84,000,000 General Obligation Bonds of the City and providing for related matters and ratifying and confirming acts done in connection therewith.

 

      ACTION:  Councilmember Seed moved and Councilmember Thompson seconded to adopt Resolution 68 of 1998, which motion carried, all members present voted aye.

(Q 98-6)

 

      #3.  RE:  Adopting an ordinance establishing a test area in Lindsey Gardens and establishing criteria for evaluation of any future dog off-leash areas.

 

      ACTION: Councilmember Rogan moved and Councilmember Seed seconded to adopt Ordinance 84 of 1998 with an amendment to the Section which designates the temporary area of the Lindsey Garden Park; and request the Administration report back to the Council with a draft ordinance amendment, including criteria for future parks for off-leash areas and changes in the fine structure of the ordinance and any other amendments to the ordinance which the Administration felt appropriate to address issues raised throughout this process, which motion carried, all members present voted aye.

(O 97-5)

 

PUBLIC HEARINGS

 

      #1.  RE:  Accept public comment and consider adopting an ordinance vacating an alley located between 800 South and Indiana Avenue (830 South) and between Emery Street (1170 West) and Glendale Street (1140 West), pursuant to Petition No. 400-98-33.

 

      ACTION:  Councilmember K. Christensen moved and Councilmember Seed seconded to close the public hearing, which motion carried, all members present voted aye.

 

      Councilmember C. Christensen moved and Councilmember K. Christensen seconded to adopt Ordinance 85 of 1998, which motion carried, all members present voted aye.

 

      DISCUSSION:  Rex Willden, 1127 West 800 South, said he owned properties at 808 and 812 Glendale Street.  He said he helped clean up the alley.  He said on the south end of the alley, on the Indiana Avenue side, there was a fence running down the middle of the alley and a shed built partially onto the alley.  He said Scott Peterson had some of the alley fenced off and had a garden growing in it.  He said the shed would need to be torn down.  He said Guy Webb had agreed to turn over his proposed portion of the alley to Mr. Willden if it was closed.  He said he would take over the responsibility of putting gravel in, killing the weeds, fencing and putting a gate on.

 

      Valerie Peterson, 1162 Indiana Avenue, said they owned property at 820 South Glendale.  She said a fence was not put in until this year, after the petition had been put through.  She said the fence surrounded a garden in their back field.  She asked if there was any recourse for the section of the alley that they would gain.  She said there was a utility pole which would reduce the value of the property they would gain from the closure. She asked if the utility pole could be moved or replaced, and what accesses there would be for utilities.

 

      Lisa Miller, Urban Design/Alleys Planner, said the utility pole was from Utah Power and Light.  She said when a utility pole went through a block they usually put them on the property lines.  She said it was on the east property line of the alley.

 

      Cindy Gust-Jenson, Executive Council Director, said Planning staff put citizens in touch with the appropriate people at the power company to help them get these problems worked out.

 

      Ms. Peterson said she called Utah Power and Light that day and they said there was nothing they could do for them.  She said it would cost approximately $3,000 to have the pole moved.  She said if the ordinance went through, she wanted the City to survey the property lines.

 

      Ms. Gust-Jenson said the City was providing land to abutting property owners free of charge and other tax payers were not receiving property, so the City would not perform surveying services.  She said this would have to be done privately.  She said the same would be true with the power pole.

 

      Ms. Peterson said her property value would decrease because of the placement.

 

      Ms. Gust-Jenson said her property value would increase greatly because they received the property, but not to the extent that it otherwise would.

 

      Scott Peterson, 1162 Indiana Avenue, said they moved to the property in 1993.  He said during the summer of 1994 and 1995 they removed approximately 150 trees off three properties in that area, including the alley, out of their own expense.

 

      Helgalee Bumgarner, 1168 West Indiana Avenue, said there was a shed in the alley when they bought the house.  She said they had no idea there was even an alley there.  She said the Peterson's removed trees from their own property and not on the alley property.

 

      Councilmember Thompson said the issue of alleys in the City was a problem.  He said alleys used to be a device which allowed property owners to gain access to the rear of their property.  He said there were many options available to the City to deal with these.  He said this particular option was a good solution because the alley was not used for access.

(P 98-73)

 

      The meeting adjourned at 6:55 p.m.

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