PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, NOVEMBER 1, 1983
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, NOVEMBER 1, 1983, AT 5:00 P.M. IN ROOM 211 CITY AND COUNTY BUILDING.
ON ROLL CALL THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: GRANT MABEY ALICE SHEARER SYDNEY R. FONNESBECK IONE M. DAVIS PALMER DEPAULIS EDWARD W. PARKER.
Councilmember Ronald J. Whitehead was absent from the meeting.
Council Chairman Grant Mabey presided at and conducted this meeting.
POLICY SESSION
#1. The Mayors' appointees as alternates to the Board of Adjustment, Mrs. Nancy Pace and Mr. Dave Watson, were interviewed by the Council. Questions concerning the Board’s role and the time commitment involved were asked. Members thanked the appointees for their willingness to serve.
#2. Dave Lamb, Jerry McClain and Gary Mumford briefed the Council on the status of the 1982-83 audit. They said that the field work is complete with the exception of auditing payroll costs during the flood. They requested time to meet with the Council to review the draft of the audit. The draft will be submitted to the Council by November 10 and they will meet to answer questions during the policy session of November 15. The deadline for comments on the draft is November 17.
#3. Leigh von der Esch briefed the Council on the agenda. Roger Cutler said that he had not reviewed the proposed rules of procedure and requested that the Council defer action until he could review the proposal. Councilmember DePaulis requested that reconsideration of the Emigration Canyon petition be deferred to November 10, as he has been called out of town on November 8 and the item must be voted on by all seven members. He said that the November 10 meeting would be a formal meeting attended by the City Recorder, to canvass the votes, and that the Emigration Canyon issue could be considered then as well.
The policy session adjourned at 5:55 p.m.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, NOVEMBER 1, 1983, AT 6:00 P.M. IN ROOM 301 CITY AND COUNTY BUILDING.
ON ROLL CALL THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: GRANT MABEY ALICE SHEARER SYDNEY R. FONNESBECK IONE M. DAVIS PALMER DEPAULIS EDWARD W. PARKER.
Council Chairman Grant Mabey presided at and Councilmember Ione M. Davis conducted the meeting.
Mayor Wilson, Albert Haines, Chief Administrative Officer, and Roger Cutler, City Attorney, were present at the meeting.
Councilmember Ronald J. Whitehead was absent from the meeting.
The invocation was given by Police Chaplain W. C. Rounds.
Pledge of Allegiance.
Approval of minutes:
Councilmember Shearer moved and Councilmember Mabey seconded to approve the minutes of the regular meeting of the Salt Lake City Council for Tuesday, October 18, 1983 and Thursday October 20, 1983, which motion carried, all members present voting aye.
(M 83-1)
Special Recognition:
#1. Recognition of emergency dispatch employees in conjunction with Clarence E. Ridley In-Service Training Award.
Albert Haines, Chief Administrative Officer, said that this award deals with the development of employees in new and innovative fields. Mr. Haines extended his appreciation to the emergency medical dispatchers in the fire department for their great efforts. Mayor Wilson congratulated the fire department and said that this is the kind of award that sets nationwide precedent. He said that many other departments in the United States have since adopted a similar program and he extended his thanks and appreciation to the dispatchers.
Councilmember Shearer read the proclamation expressing appreciation to the dispatchers, paramedics, and management of the Salt Lake City Fire Department for their participation in the emergency medical dispatcher training program.
Councilmember Shearer moved and Councilmember Parker seconded to accept the proclamation, which motion carried, all members present voting aye.
Fire Chief Pederson said that the dispatchers are trained to handle emergencies as they come in and he related a case about a lady who was choking and unable to breathe. The woman’s son received instructions over the phone from a fire dispatcher and by the time the paramedics arrived her breathing had been restored. Chief Pederson said that the dispatchers are the people behind the scenes who make the operation work. He expressed his appreciation to the fire dispatchers. The Council then viewed a short video tape explaining the emergency medical dispatch program and selective dispatch screening.
(C 83-398)
PETITIONS
Petition 400-86 of 1983 by Oquirrh/Ensign Associates.
RE: Rezoning property located between 9th Avenue and 10th Avenue and between “E” Street and “F” Street from Residential “R-2” to Residential “R-2A”.
Councilmember Parker moved and Councilmember Mabey seconded to adopt Ordinance 74 of 1983, amending Section 51-12-2 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to zoning and fixing boundaries of use districts by rezoning property located between 9th and 10th Avenues and “E” and “F” Streets from Residential “R-2” to Residential “R-2A”, which motion carried, all members present voting aye.
(P 83-472)
DEPARTMENTAL BUSINESS
CITY COUNCIL
#1. RE: Rules of procedure promulgated by the Salt Lake City Council. Roger Cutler, City Attorney, indicated that he had not had a chance to read or analyze the rules and he wanted to do so before they are passed because he had several concerns. First, the way that Paragraph 1 is drafted disenfranchises new members from voting in regards to who will be appointed as chairman and vice-chairman. There is another matter dealing with the Mayor addressing the Council by permission only and the matter of fines needs to be researched.
Mr. Cutler was also concerned about the rule creating a 70% constitutional majority (five of seven vote) to change rules. He felt that this may hinder, from a policy point of view, the Council from changing rules or suspending rules to operate and he also questioned the legality of such a rule. There are statutes and common law provisions dealing with how legislative bodies may operate. Mr. Cutler said that he was not giving the Council an opinion at this time but only wanted time to evaluate these policies since there are legal questions which need to be researched.
Councilmember Shearer said that the Council has worked on the rules for many months and indicated that the Council currently follows most of the rules outlined in the draft. The rules from a number of other cities and the rules governing the Utah State Legislature were considered while drafting the Council’s rules and the proposed Council rules do not differ greatly. She said that these rules could be amended from time to time and did not see a reason for further delay in enacting the rules. Councilmember Davis asked Mr. Cutler how much time he would need to analyze the rules. He said that he would need a week to 10 days. He indicated that if the rules are passed at this meeting he could still give an opinion but he wanted to have additional time to review them before the Council takes any action. Mayor Wilson indicated that he was not sure if it would be in the best interest to preclude the Mayor from speaking except by permission of the Council. He indicated that under the original state statute forming the Mayor/Council form of government, the Mayor has the responsibility to advise the Council. He felt that it would be a bad precedent to have a strict “permission only” rule and did not feel that it would be in the interest of the cooperation which has been established.
Mr. Cutler referred to page 7, rule 13 which outlines the privilege to address the Council. Paragraph two states that the presiding officer shall recognize a request to address the Council and shall determine the length of time allotted to address the Council. Mr. Cutler assumed that in determining the length of time allotted, the presiding officer could give no time at all. Councilmember Shearer said that this section addresses the question about how people get recognition to speak. Councilmember Fonnesbeck felt that this section established who was in charge of the meeting.
Councilmember Shearer agreed that the attempt of the Council in this section is to allow the presiding officer to have control of the meeting and she did not feel that the rules impede the administration or a member of the public from addressing the Council in an appropriate fashion. Mayor Wilson said that these rules were important to the whole function of the government and wanted the Council to give additional time so these rules can be thoroughly examined.
Councilmember Shearer moved and Councilmember Fonnesbeck seconded to adopt the Council Rules of Procedure, which motion failed, all members present voting nay except Councilmember Shearer who voted aye.
Councilmember Mabey moved and Councilmember Parker seconded to reconsider the Council Rules of Procedure at the Thursday, November 10, 1983, Committee of the Whole meeting, which motion carried, all members present voting aye.
(G 83-29)
FINANCE AND ADMINISTRATIVE SERVICES
#1. RE: Canvass of the election returns of the municipal election to be held November 8, 1983, for Mayor and Councilmembers of Districts 2, 4, and 6.
Councilmember Parker moved and Councilmember Mabey seconded to have the Mayor and City Council convene as the Board of Canvassers on November 10, 1983 at 5:00 p.m. in Room 211 City and County Building to canvass the election returns of the municipal election to be held November 8, 1983, for Mayor and Councilmembers of Districts 2, 4, and 6, which motion carried, all members present voting aye.
(U 83-1)
#2. RE: An Industrial Revenue Bond for Industrial Parts Depot, Inc. in the amount of $800,000 for the purchase of land and a building located at 1103 South 700 West to house its earth-moving and diesel-engine equipment parts and repair business.
Councilmember Parker moved and Councilmember Mabey seconded to schedule a public hearing for Tuesday, November 15, 1983 at 7:30 p.m. to discuss an inducement resolution for an Industrial Revenue Bond for Industrial Parts Depot, Inc., and to refer the IRB to the Budget and Finance Committee for November 3, 1983, which motion carried, all members present voting aye.
(Q 83-25)
#3. RE: An Industrial Revenue Bond for FHP Redwood in the amount of $7,000,000 for the purchase, construction and equipping of a 46,000 square foot health care center at approximately 1550 West 2100 South.
Councilmember Parker moved and Councilmember Mabey seconded to schedule a public hearing for Tuesday, November 15, 1983 at 7:15 p.m. to discuss an inducement resolution for an Industrial Revenue Bond for FHP Redwood, and to refer the IRB to the Budget and Finance Committee for November 3, 1983, which motion carried, all members present voting aye.
(Q 83-26)
OFFICE OF THE MAYOR
#1. RE: The appointments of Nancy Pace and Dave Watson as alternate members of the Board of Adjustment.
Councilmember Parker moved and Councilmember Mabey seconded to approve the appointments of Ms. Nancy Pace and Mr. Dave Watson as alternate members of the Board of Adjustment, which motion carried, all members present voting aye.
(I 83-30)
#2. RE: The appointment of Mr. I.J. Wagner as an alternate member of the Board of Adjustment.
Councilmember Parker moved and Councilmember Mabey seconded to approve the appointment of I.J. Wagner as an alternate member of the Board of Adjustment to act as a liaison between the Board and the Planning Commission, which motion carried, all members present voting aye.
(I 83-30)
#3. RE: The appointment of Talley Stevens to the Sugarhouse Park Authority. This item was pulled from the consent agenda and not considered at this time.
(I 83-24)
#4. RE: The appointments of Senator Frank Moss and Van Ross to the Air Travel Commission.
Councilmember Parker moved and Councilmember Mabey seconded to approve the appointments of Senator Moss and Mr. Ross to the Air Travel Commission, which motion carried, all members present voting aye.
(I 83-26)
#5. RE: The appointment of Palmer A. DePaulis as Director of Public Works. Without objection, Councilmember Davis referred the appointment of Mr. DePaulis as Director of Public Works to the Committee of the Whole for Thursday, November 10, 1983.
(I 83-25)
PUBLIC UTILITIES
#1. RE: An interlocal cooperation agreement between Salt Lake City Corporation and Salt Lake County for road maintenance services as part of the road restoration for the Big Cottonwood Conduit project on Wasatch Boulevard. Without objection, Councilmember Davis referred the resolution authorizing the execution of an interlocal agreement with Salt Lake County for road maintenance services on Wasatch Boulevard as part of the road restoration for the Big Cottonwood Conduit to the consent agenda for November 8, 1983.
(C 83-287)
CITIZENS COMMENTS
#1. Bernice Cook expressed concern about an area around 1700 South and 2100 South which has drainage problems. She indicated that a roadway is being constructed in this area and concrete was going to be poured the next morning but unless the drainage is corrected there will still be problems with water. Mayor Wilson indicated that he would have an engineer investigate the situation.
The meeting adjourned at 7:25 p.m.