November 2, 1982

 

PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH

TUESDAY, NOVEMBER 2, 1982

 

THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, NOVEMBER 2, 1982, 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 Chairperson Sydney R. Fonnesbeck presided at and conducted this meeting.

 

POLICY SESSION

 

Leigh von der Esch, Council Executive Director, briefed the Council on items on the Council’s agenda.  Councilmember Shearer asked why 1300 South from 700 East to 1300 East was not included in Special Improvement District 38-723. Lance Bateman, City Controller, indicated he did not know why it was not included. Cheryl Cook, City Treasurer, stated she thought it was to be included in the next SID coming to the Council. Ms. Shearer requested confirmation of plans to include 1300 South in the next SID as the design work has been completed and this project has been scheduled for several years.

 

Councilmember Shearer asked why the contract was let for improvements at Athletic Park when the contingency fund transfer had not been approved to fund the contract and the Council had not reviewed plans as previously requested. Lance Bateman indicated that the contract should not have been let. Councilmember Shearer requested a copy of plans relating to the contract.  Jerry McClain from Arthur Young and Company briefed the Council on the audit for Fiscal Year 1981-82. Mr. McClain indicated that the airport audit was substantially complete and that the water and sewer and city audits were over 80% complete.

 

Mr. McClain requested time to discuss management letters in connection with audits. The Council agreed to schedule a discussion of management letters for Tuesday, November 23, at 5:00 p.m. The Council also scheduled a discussion on cash management letters for Tuesday, November 9, at 5:00 p.m. in the policy session. Albert Haines, Chief Administrative Officer, and Lance Bateman, City Controller, presented the Interim Financial Statement for the three months ending September 30, 1982.

 

Mr. Bateman explained the sales tax projections. Mr. Haines discussed the expenditures and how each department head has been notified that favorable variances at end of quarter could not be spent. Alan Bridge, Personnel Officer, presented the First Quarter Report on the manning document and personnel actions. Mr. Haines indicated budget and personnel will be working together to make manning document and authorized position information as accurate as possible. Mr. Bridge discussed positions deleted and positions added and said the city was actually down three positions from 2107 total authorized positions. Councilmember Shearer noted that if these were unfunded positions the total authorized positions should be reduced. Mr. Haines indicated position reductions, if any, would be presented with the budget for Fiscal Year 1983-84.

 

The policy session adjourned at 5:55 p.m.

 

THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, NOVEMBER 2, 1982, 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 PALMER DEPAULIS.

 

Mayor Ted Wilson, Lance Bateman, City Controller, and Roger Cutler, City Attorney, were present at the meeting.

 

Council Chairperson Sydney R. Fonnesheck presided and conducted this meeting.

 

Invocation was given by Police Chaplain Bruce Jenkins.

 

Pledge of Allegiance.

 

Approval of Minutes:

 

Councilmember Mabey moved and Councilmember Whitehead seconded to approve the minutes of the regular meeting of the Salt Lake City Council for the meeting held Tuesday, October 19, 1982, which motion carried, all members voting aye except Councilmember DePaulis who was absent when the vote was taken.

(M 82-2)

 

PETITIONS

 

Petition 149 of 1982 submitted by John Kuepper.

RE: The petitioner is requesting that the alley eastward from the intersection of Harvard Avenue and 200 East Street northward from Hampton Avenue be vacated.

 

RECOMMENDATION: That the City Council hold a public hearing on December 14, 1982 at 6:15 p.m. to discuss this request.

 

AVAILABILITY OF FUNDS: It is recommended that Mr. Kuepper not be required to pay the $35 advertising fee because of the staff‘s recommendation that the alley be closed and not vacated.

 

DISCUSSION: Attached to the petition are recommendations from engineering, public utilities, fire, fixed assets, planning and the law department. Engineering has indicated that the city has prepared engineering drawings for a 36-inch diameter storm drain in the alley as part of the Jefferson Storm Drain Project. The storm drain is scheduled for construction within the next five years and changing the location would cost the city approximately $68,500. Due to the location of the storm drain it is recommended that the alley be closed as a public thoroughfare and that the city retain its interest in the alley.

 

The petitioner would then be allowed to erect fences and gates, with locks, at the ends of the alley. The petitioner will need to secure a revocable permit from the city before the fence is erected. If the city for some reason finds that the fences and gates are not acceptable the revocable permit can be revoked and the fences and gates removed.  The petitioner contacted the planning office and has indicated that closing the alley and erecting fences and gates would be sufficient and that the property owners would pay for the fence and gates and also would maintain the alley. The school board has sent a letter supporting a trial installation of fences and gates. They did not agree to vacate the alley.

 

This solution will solve the petitioner’s problem with the alley and will protect Salt Lake City’s Interest in the alley for the construction of the storm drain.

 

Councilmember Parker moved and Councilmember Whitehead seconded to schedule a public hearing for December 14, 1982 at 6:15 p.m. to discuss Petition 149 of 1982, which motion carried, all members voting aye.

(P 82-306)

 

DEPARTMENTAL BUSINESS

CITY ATTORNEY

 

#1. RE: A resolution supplementing and amending a resolution adopted on March 16, 1982 regarding the Industrial Development Revenue Bond for 185 South State Project.

 

Councilmember Parker moved and Councilmember Whitehead seconded to adopt Resolution 97 of 1982, supplementing and amending a resolution adopted on March 16, 1982 (which authorized the Industrial Development Revenue Bond for 185 South State Project in the principal amount of $7,650,000) by Salt Lake City, Salt Lake County, Utah, and related matters, which motion carried, all members voting aye.

(Q 82-15)

 

#2. RE: Parking strip ordinance.

 

DISCUSSION: In September, the Council through its legislative aid, Mr. Livingston, requested the attorney’s office to prepare a correcting amendment to the ordinance which was passed as Ordinance 19 of 1982 relating to amendment of Section 51-5-16 relating to the use and landscaping of parking strips. Pursuant to the directive a proposed ordinance has been prepared which amends Section 2 of Bill 19 of 1982 by amending Section 51-5-16 relating to the use and landscaping of parking strips. Basically the proposal reaffirms the requirement that parking strips be landscaped at the expense of the abutting landowner with vegetation such as lawn, approved ground covers and approved trees. It specifically precludes the use of hard surfacing except in driveways and sidewalk areas. There is an administrative exception that is available via the Planning Commission and Mayor if a deviation is appropriate and in keeping with parking strip standards which have been adopted by the Planning Commission.

 

Councilmember Parker moved and Councilmember Whitehead seconded to adopt Ordinance 81 of 1982, amending 51-5-16 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to the use and landscaping of parking strips, which motion carried, all members voting aye.

(O 82-6)

 

#3. RE: Handicap Parking

 

RECOMMENDATION: That the Council consider repealing Section 149(5) and adding new Section 160-A of the Traffic Code of Salt Lake City.

 

DISCUSSION: The state statute gives a preferential parking right to handicapped persons; however, this law is vague and ambiguous in many respects. Because of these difficulties, there have been some problems for handicapped persons to know where they may and may not park. To avoid confusion and to more affirmatively state the city’s commitment to providing adequate and appropriate handicap parking spaces, a clarifying ordinance has been drafted. This ordinance has been reviewed and approved by John E. B. Myers, attorney for the Legal Center for the Handicapped. The ordinance’s basic provisions are as follows:

 

1. It defines what is a “restricted” area available for parking to handicapped persons; the areas include freight loading, passenger loading and time limited parking zones. Handicapped persons may park at these locations, without fee, for the designated time periods. 2. It identifies with specificity those areas which are prohibited to any parking; these locations include areas in front of fire hydrants, fire lanes and similar inherently dangerous localities. 3. It makes it a criminal offense for someone to unlawfully use a handicap parking license plate, that is, it is a crime for a non-handicapped person to improperly use a truly handicapped person’s parking privilege.  4. It grants the city transportation engineer the authority to reserve public areas for handicap parking and makes it illegal for a person, who is not handicapped and not possessing a handicap license plate, to utilize these reserved spaces. It is believed this ordinance will be of assistance to the city and to the handicapped community by: (a) permitting designated parking places, (b) providing more effective means of enforcing the reservation of these spaces for the truly handicapped and (c) removing the ambiguity of the state law concerning what reserved spaces are available for parking and what “reasonable” means as far as duration of permitted parking. In short, the ordinance accommodates the needs of the handicapped community while balancing life safety and other legitimate public concerns.

 

Council Chairperson Fonnesbeck referred this ordinance to the consent agenda for November 9, 1982; referred without objection.

(O 82-58)

 

#4. RE: License fee review ordinance: Section 20-3-12.

 

RECOMMENDATION: That the City Council consider amending Section 20-3-12 of city ordinances.

 

DISCUSSION: As the Council is aware, city ordinances permit administrative review of individual license fees imposed by the city to insure that such fees are equitable and in all respects appropriate. The proposed draft amends city ordinances pertaining to such review, to: 1. Update provisions to account for the city’s change of government; 2. Clarify language; and 3. Remove outdated references to other provisions of ordinance which unduly restrict the scope of review.

 

Council Chairperson Fonnesbeck referred this ordinance to the Budget/Finance and Administration Committee; referred without objection.

(O 82-50)

 

CITY COUNCIL

 

#1. RE: Request for $25,000 from general fund contingency to public works department street lighting program.

 

DISCUSSION: The purpose of this request is to provide money that can be used to place individual street lights when petitioned for by the residents. The budget approved by the Council for Fiscal Year 1982-1983 did not include any funding for individual street lights; this service should still be offered whenever possible.

 

Councilmember Parker moved and Councilmember Whitehead seconded to adopt Resolution 98 of 1982, approving the transfer of $25,000 from the general fund non-departmental contingency fund to the public works department Street lighting program to provide for resident requested individual street lights not provided for by special Improvement districts, which motion carried, all members voting aye.

(B 82-8)

 

#2. RE: The proposal to use Jefferson school as a social service facility.

 

RECOMMENDATION: Set a date for a public hearing for Tuesday, November 9, 1982, at 7:30 p.m. to discuss this issue.

 

Leigh von der Esch, Council Executive Director, indicated that this public hearing did not need to be published in the newspaper.

 

Councilmember Parker moved and Councilmember Whitehead seconded to schedule a public hearing for Tuesday, November 9, 1982 at 7:30 p.m. to discuss using the Jefferson school as a social service facility, which motion carried, all members voting aye.

(G 82-42)

 

DEVELOPMENT SERVICES

 

#1. RE: Amendment to Section 51-24-1 of the Revised Ordinances of Salt Lake City, Utah, relating to use regulations.

 

RECOMMENDATION: That the City Council adopt the ordinance which would prohibit parking lot sales except those of a temporary nature which are conducted on the owner’s or licensee’s parking lot, immediately adjacent to the licensed premises as an extension of the licensee’s normal business activity.

 

DISCUSSION: This provision already applies to “B-3”, “C-1” and “C-2” zoning districts in Salt Lake City. This ordinance amendment will extend this provision to the commercial districts and would preclude the renting of parking lots to a third party for the conducting of special business sales.  Pursuant to City Council request the attorney’s office included a provision in the ordinance pertaining to parking lot sales which permits the selling of Christmas trees. The ordinance, as redrafted, is in proper form for adoption by the Council.

 

Leigh von der Esch addressed the Council and indicated she understood that the change in this ordinance would prohibit parking lot sales of items not connected to the business. Added to this ordinance was the exclusion of sale of Christmas trees.  Councilmember Fonnesbeck asked about a store having a grand opening selling hot dogs, snow cones, or similar items. Ms. von der Esch stated that if it is an extension of their own business then that would be acceptable.

 

She stated that one of her concerns was charitable organizations which may hold car washes or sell items which are not related to the business; at the present, this item has not been dealt with. Ms. von der Esch stated that this ordinance is important because people are selling items which are not being regulated.  Councilmember Shearer stated that she presumed there would be some objection by businesses to the competition factor. Those established businesses paying license fees and taxes would object to those who sell items out of a truck without a business license. Councilmember Davis asked about permitting sales on vacant lots. Roger Cutler, City Attorney, stated that the ordinance did not address this question. The recommendation for this ordinance came from planning and zoning or out of neighborhood concern. Mr. Cutler agreed with Councilmember Shearer’s statement about these types of sales posing unfair competition and causing difficulty in regulating licensing.

 

William Johnson, 570 South 1300 East, addressed the Council. He stated that he objects to this ordinance because he feels that businesses may be removed from a competitive nature; there are two choices: business against business or business against government. Mr. Johnson stated that the assumption is that some businesses do not like competition from small caravans selling items so these businesses are asking government for control.

 

Councilmember Shearer stated that established businesses have been paying license fees and reporting sales tax to the state, therefore, the city is collecting its share of the tax for that business. She asked Mr. Johnson why it was a disadvantage to have caravan-type sales operate under the same law as the established businesses.  Mr. Johnson stated that government may impose restrictions but if businesses compete with each other they raise the standard automatically without the controls, money and extra bureaucracy which comes from government.

 

Councilmember Shearer stated that if taxes are not collected then public improvements can not be made. Mr. Johnson stated that he did not object to the licenses but perhaps a daily license could be sold to these types of merchants. He felt that this ordinance sounded as though it was in the process of eliminating the creation of new businesses. Councilmember Shearer stated it would eliminate mobile businesses in parking lots.

 

Council Members Whitehead and Fonnesbeck stated that there were questions about this ordinance that city staff members needed to address. Councilmember Shearer suggested having someone from planning and zoning address this issue.

 

Councilmember Whitehead moved and Councilmember DePaulis seconded to refer this ordinance to the Council agenda for Thursday, November 4, 1982, which motion carried, all members voting aye.

(O 82-55)

 

FINANCE AND ADMINISTRATIVE SERVICES

 

#1. RE: Taxi meter rate increase - Yellow Cab Drivers Association.

 

RECOMMENDATION: That the Council consider a taxi meter rate increase, as requested by Yellow Cab Drivers Association, by 22% or $.20 per mile. The current rate is $.95 for flag drop covering first 1/9 of a mile, then $.l0 for each additional 1/9 of a mile, or $.9O a mile. 1. The flag drop is to remain the same throughout - $.95. 2. The new fee would be $.20 for each additional mile, or $1.10 per mile. 3. They request a future option of increasing the fees to $1.50 a mile, a portion thereof at a time, to take effect only after a 30-day notice is given to the City Council. It is recommended that this option be considered at the time of application.

 

DISCUSSION: The last rate increase was granted in 1978 and, therefore, it is believed that items 1 and 2 above are justified based on the economic history of the past four years. In regard to item 3, $1.50 per mile is not an excessive rate in comparison with other cities. The Council may want to allow the $1.50 maximum to be phased in over a two year period at a $.l0 increase every six months with the first increase allowed July 1, 1983.

 

The Council was considering using a hearing examiner from the Public Service Commission to conduct this public hearing. It is recommended that because of the city’s relationship with the taxi companies, the Council conduct the public hearing. If any issues are raised in the hearing that the Council wants further information on, the Finance Department will gather that information.

 

Council Chairperson Fonnesbeck scheduled a public hearing, without objection, for December 14, 1982 at 6:30 p.m. to discuss this issue.

(O 82-60)

 

#2. RE: Ordinance amending Chapter 8 of Title 20, Sections 20-8-3 and 20-8-4, Coin-Operated Amusement Device License Fees.

 

RECOMMENDATION: That the Council approve new Section 20-8-4.1 and amend Sections 20-8-3 and 20-8-4 of Chapter 8 of Title 20 relating to Coin-Operated Amusement Device License Fees.

 

DISCUSSION: Amended Section 20-8-3, Distributor’s License Fee, shall change the fee to $500. Amended Section 20-8-4, Proprietor’s License Fee, shall change the fee to $50 for each device but no fee shall be in excess of $1500. New Section 20-8-4.1 makes these license fees due and payable on January 1 of each year.

 

Councilmember Parker moved and Councilmember Whitehead seconded to schedule a public hearing for Tuesday, November 9, 1982 at 7:00 p.m. to discuss this ordinance, which motion carried, all members voting aye.

(O 82-49)

 

OFFICE OF BUDGET AND MANAGEMENT PLANNING

 

#1. RE: Allocation of capital projects contingency fund to make improvements at Athletic Park.

 

RECOMMENDATION: That $50,000 of the capital projects contingency fund be allocated to complete installation of an automatic sprinkler system and a new fence at Athletic Park and be transferred to the parks department’s budget.

 

DISCUSSION: In approving the 1981-82 budget, the City Council included project budgets totaling $250,000 in the capital projects contingency fund. This was done to require the administration to seek and receive Council approval of its project plans before implementation. Athletic Park is one such project. The parks department has requested authorization to proceed with installation of an automatic sprinkler system and a new fence at Athletic Park and to use $50,000 of the $250,000 of “earmarked” capital projects contingency funds. According to John Gust the Council has reviewed and approved the project plans.

 

Councilmember Shearer stated that she had not seen a copy of the plan. She also stated that the contract has already been signed and wondered why this item was being brought before the Council after the fact. The Council’s intent was to know how the money would be spent before the money was released. The Council has been assured that the money will be used for sprinklers and fences but the Council does not know where they will be placed. Ms. Shearer wondered if the surrounding residents had ever seen the plans.

 

A set of plans had been submitted to the Recorder’s Office with the original paperwork so the Council took several minutes to review these plans. The Council expressed concern about the fencing and Lance Bateman suggested that the Council have John Gust explain the plan. Councilmember Parker expressed his concern about these types of projects being done without the Council having prior knowledge, specifically he named the Fairmont Park project. Councilmember Davis also stated a problem had arisen with Pioneer Park.

 

Councilmember Whitehead moved and Councilmember Mabey seconded to place this item on the Thursday, November 4, 1982, Council agenda for a vote, which motion carried, all members voting aye.

(C 82-619)

 

OFFICE OF THE MAYOR

 

#1. RE: Appointments to the Salt Lake Council for the Arts.

 

RECOMMENDATION: Appoint the following individuals: Sherine Stephens, Beverly Whitney, Victoria Kaplan, Alfred Christiansen, and Max Smith.

 

DISCUSSION: There are presently five vacancies on the Salt Lake Council for the Arts. The above named individuals were recommended for appointment by the Executive Committee of the Council for the Arts.

 

Councilmember Parker moved and Councilmember Whitehead seconded to approve the appointments of Sherine Stephens, Beverly Whitney, Victoria Kaplan, Max Smith, and Alfred Christiansen to the Salt Lake Council for the Arts, which motion carried, all members voting aye.

(I 82-25)

 

#2. RE: Transfer of $13,660 from the general fund contingency to the municipal affairs program budget to partially fund program and administrative costs of the Salt Lake Council of Governments.

 

RECOMMENDATION: That the City Council consider an appropriation from the contingency fund to meet a request from the Salt Lake County Council of Governments. The purpose of the appropriation is Salt Lake City’s contribution to maintain the operation of the COG office. This request would cover operating expenses for the 1982-83 fiscal year.

 

DISCUSSION: COG has served as the major communication link within Salt Lake County on issues that go beyond the boundaries of respective communities. Issues such as transportation, canyons, water and federal funding have all been topics for resolve before this body. Because this request will likely continue for future years, it is recommended that beginning with the 1983-84 budget, COG submit a request for funding under the category of municipal affairs budget.

 

Council Chairperson Fonnesbeck referred this item to the Unfinished Council Business section of the Council agenda for December 7, 1982; referred without objection.

(B 82-11)

 

OFFICE OF PERSONNEL MANAGEMENT

 

#1. RE: Agreement for CETA Summer Youth Program.

 

RECOMMENDATION: That the Salt Lake City Council approve the agreement between Salt Lake City and Salt Lake County for CETA Summer Youth Program.

 

AVAILABILITY OF FUNDS: Cost of program for wages to be paid by county CETA program.

 

DISCUSSION: The annual agreement allows the city to hire youth who qualify under CETA regulations to fill hourly summer jobs with the city at no cost. The program provides work experience for the youth while helping the city fill positions that otherwise might go unfilled because of budget constraints.

 

Councilmember Parker moved and Councilmember Whitehead seconded to adopt Resolution 99 of 1982 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and Salt Lake County relating to a summer youth employment program - CETA, which motion carried, all members voting aye.

(C 82-584)

 

PUBLIC WORKS

 

#1. RE: Notice of Intention for Curb and Gutter Special Improvement District 38-723.

 

RECOMMENDATION: That the Council adopt the Notice of Intention and authorize the city to proceed with advertising of the Notice of Intention in accordance with the schedule.

 

AVAILABILITY OF FUNDS: Fiscal Year 1983/84 capital improvement funds and property owner assessments (special improvement district).

 

DISCUSSION: Curb and Gutter District 38-723 is comprised of numerous residential streets in the southeast and east portions of the city. The project will consist of the construction of curb and gutter, sidewalk, roadway and drainage facilities. It is intended to bid the project next spring with the majority of construction to take place during the summer of 1983.  Because administration has not prepared the FY 83/84 budget submittal, it is unknown at this time if administration will recommend the construction of the project for FY 1983/84 funding approval.

 

The total estimated cost of the city’s portion for this project is $617,450 and would have to be allocated in the 1983/84 capital improvement budget for curb and gutter special improvement districts before construction could start. A provision will be made in the construction contract to allow delaying the contract award until after July 1, 1983, when construction funds could be available.  Requesting Notice of Intention approval for this project at this time will remove streets protested from the district before finalizing city’s capital improvement funds for 1983/84 and permit the remaining streets to be designed and bid for construction.

 

Council Chairperson Fonnesbeck referred this item to the Committee of the Whole for November 4, 1982 and to the Council agenda for November 9, 1982; referred without objection.

(Q 82-32)

 

The meeting adjourned at 6:35 p.m.