PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, OCTOBER 9, 1984
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, OCTOBER 9, 1984, AT 5:00 P.M. IN ROOM 211 CITY AND COUNTY BUILDING.
ON ROLL CALL THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: SYDNEY R. FONNESBECK ALICE SHEARER EARL F. HARDWICK IONE M. DAVIS EDWARD W. PARKER.
Councilmembers Ronald Whitehead and Grant Mabey were absent from the meeting.
Council Vice Chairperson Sydney Fonnesbeck presided at the meeting.
POLICY SESSION
Councilmember Fonnesbeck called the meeting to order. Ms. von der Esch briefed the Council on council business and the evening’s agenda. She pointed out that Councilmember Mabey had requested that the Milner alley vacation be pulled from the agenda and referred to the November 6, 1984 Council meeting. Discussion concerning the Art Design Board ordinance and their allotment percentage ensued with Council Members Fonnesbeck and Shearer expressing concern over the wording “up to 1%”, requesting a change to read “of 1%” thereby making the donation mandatory, unless waived by the Council.
Councilmember Hardwick stated that he was not in favor of any change which would result in the city being required to provide funding to the Art Design Board regardless of construction overruns or utilitarian functions of the building in question, i.e. fire stations and water treatment plants. Craig Peterson, development services director, informed the Council of the final plans of the Sugar House Redevelopment. He pointed out that the UDAG had been received and Clark Financial was now capable of beginning the project if the city administration would sign the quit-claim deed. He explained the position of the city concerning control over Clark’s development and his faith in Clark’s goodwill due to their (Clark’s) desire to utilize the remaining two adjoining properties.
Councilmembers Shearer and Fonnesbeck expressed their concern over the position of the City Council and Clark’s lack of formalized plans for the area. Councilmember Parker pointed out that Clark had been waiting to implement their project for a number of years and his main concern was preventing Clark from losing the UDAG. Mr. Peterson pointed out the various options the Council had in acting on Clark’s proposal, including signing the quit-claim deed and trusting Clark, rescinding the UDAG, and amending the deed and thereby risking cancellation of the UDAG by the federal government. He recommended the Council amend the deed if they are uncomfortable with their lack of control over Clark’s plans. Phil Erickson, chief administrator’s office, briefed the Council on the status of the building restoration. He stated that a contract has been signed with The Ehrenkrantz Group. He said that a space analysis and exterior work had already begun and a sheet metal inspection was planned for next week. Mr. Erickson pointed out that no agreement with the county had been reached. He said that his office was working on a counter proposal to be presented to the county within the next few weeks. He also said that a tentative agreement had been reached with the county regarding the state of the lease rate, or dead service rate in reference to occupancy levels and maintenance fees.
The Ehrenkrantz Group representative outlined the schedule for the restoration. He identified two major areas of work, a pre-design study of the exterior and a space-needs study. He indicated they hope to have the survey completed by Thanksgiving. Mr. Erickson said that they planned to make a report concerning the progress of the restoration to the City Council every second month.
The policy session adjourned at 5:55 p.m.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, OCTOBER 9, 1984, AT 6:00 P.M. IN ROOM 301 CITY AND COUNTY BUILDING.
ON ROLL CALL THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: SYDNEY R. FONNESBECK ALICE SHEARER EARL F. HARDWICK IONE M. DAVIS EDWARD W. PARKER.
Councilmembers Ronald Whitehead and Grant Mabey were absent from the meeting. Mayor Ted L. Wilson, Albert E. Haines, chief administrative officer, and Roger Cutler, city attorney, were present at the meeting.
Council Vice Chairperson Sydney Fonnesbeck presided at and conducted the meeting.
Invocation was given by Police Chaplain R. J. Schrank.
Pledge of Allegiance.
Approval of Minutes
Councilmember Hardwick moved and Councilmember Davis seconded to amend the minutes of the Salt Lake City Council for the regular meeting held Tuesday, October 2, 1984, to indicate that Council Chairperson Ronald Whitehead presided at and conducted the meeting, and to approve the minutes as amended, which motion carried, all members present voting aye.
(M 84-1)
SPECIAL RECOGNITION
#1. Randy Taylor, planning and zoning, presented a plaque to the Mayor and Council. The award was received by the Sister Cities Committee at the last international conference of sister cities in Denver, Colorado. He said that this plaque represents the best single project for a city of our size by the Reader’s Digest Foundation and Sister Cities International. The award winning project was Salt Lake’s 1983 commemoration of twenty five years of sister city activities and the commemoration of the twenty fifth year of affiliation with Masumoto, Japan.
#2. Mr. Taylor said that one of the committee members, Alice Kasai, was presented the “Smile Award” for distinguished volunteer service. Mr. Taylor said that the committee is very proud of Mrs. Kasai and she was instrumental in implementing the Sister Cities Program. Mr. Taylor mentioned some of Mrs. Kasai’s many accomplishments and community contributions.
#3. Shirley Smith, student advisor at East High School, and members of the Sister Cities Youth Committee addressed the Council. They indicated that East High School is presently the only school involved in the Sister Cities Program. The students said they appreciated the opportunity to participate in the program and visit Japan. They indicated that it was a valuable experience. They said that they saw historical and cultural sites and made friendships. Ms. Smith said the students had worked for three years to raise the funds for this trip. She said that the purpose was to share cultures and the students tried to be ambassadors of Salt Lake City. She felt that the students represented Salt Lake City very well.
Bob Springmeyer, chairperson of Sister Cities Committee, indicated that the students worked very hard for their trip. Mr. Springmeyer explained some of the exchange program, and introduced two of the Japanese students presently living in Salt Lake. He also introduced Ms. Kamisaka, a Japanese journalist who is here for ten days to write a book about Ms. Terasawa who is editor of Utah NIPO and the only survivor of the original group of Matsumoto honorary citizens. Ms. Kasai pointed out that there will be a special exhibit at “Focus on Japan” on October 18th, 19th and 20th, 1984 at the Salt Lake Art Center. Mayor Wilson expressed his appreciation to Bob and Gwen Springmeyer for their work on the Sister Cities Committee.
PETITIONS
Petition 400-144 of 1983 submitted by JoAnn Milner, et al.
RE: An ordinance closing a 15’ alley at approximately 920 South from 800 to 900 West Streets. This item was pulled from the agenda without action.
(P 84-19)
DEPARTMENTAL BUSINESS
CITY COUNCIL
#1. RE: An ordinance amending Sections 33-1-6 and 33-1-8 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended relating to disposition of city property.
Ms. Leigh von der Esch, Council executive director, explained that there is some concern about how to incorporate procedures where a transaction becomes different than the original notice. She said possibly it should be incorporated in this ordinance or a policy/procedure that if the transaction changes, then it goes before the Council.
Councilmember Shearer moved and Councilmember Davis seconded to adopt Ordinance 63 of 1984, relating to disposition of city property, with an administrative order to tighten procedures, which motion carried, all members present voting aye.
(O 84-29)
FINANCE & ADMINISTRATIVE SERVICES
#1. RE: Set a date for a public hearing to discuss the proposed issuance by Salt Lake City, Utah of one or more series of Industrial Development Revenue Bonds in the amount of $9,000,000 for Walcen Restoration Partners to finance the cost of acquiring, rehabilitating, and remodeling a 164,000 square foot office building and parking terrace located at 175 South Main Street (on the northeast corner of the intersection of Main Street and 200 South Streets) for use as a business and professional office building and parking facilities.
Councilmember Shearer moved and Councilmember Davis seconded to set a date for a public hearing on Tuesday, October 16, 1984 at 6:30 p.m. to discuss the Industrial Revenue Bond for Walcen Restoration Partners, which motion carried, all members present voting aye.
(Q 84-17)
#2. RE: Industrial Revenue Bond for Johansen Thackeray MacKenzie Properties.
Councilmember Shearer moved and Councilmember Davis seconded to adopt Resolution 104 of 1984, authorizing and inducing the execution of a memorandum of agreement with Johansen Thackeray MacKenzie Properties, a Utah General Partnership, or any company affiliated through common control, regarding the issuance of $8,000,000 of Industrial Development Revenue Bonds for the acquisition, rehabilitation, equipping, expansion and improvement of the Foothill Village Shopping Center, and set a date for a public hearing on Tuesday, November 6, 1984 at 6:30 p.m. to discuss issuance, which motion carried, all members present voting aye.
(Q 84-18)
OFFICE OF THE MAYOR
#1. RE: An ordinance amending Chapter 24 of Title 25 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to Salt Lake Art Design Board. Councilmember Shearer asked if the ordinance could be written to indicate one percent unless specifically deleted by the City Council at the time of appropriation. For example if it is determined that a work of art is not needed at the new sewage plant, then it can be eliminated. Councilmember Hardwick was concerned that the proposed wording requires a work of art for each construction project.
Without objection Councilmember Fonnesbeck directed the staff to amend the proposed Art Design Board ordinance and referred it to consent agenda for Tuesday, October 16, 1984.
(0 84-28)
#2. RE: The appointment of William Selvage to the Preservation/Development Strategies Committee.
Councilmember Shearer moved and Councilmember Davis seconded to approve the appointment of William Selvage to the Preservation/ Development Strategies Committee, which motion carried, all members present voting aye.
(I 84-18)
PUBLIC HEARINGS
Petition 400-114 of 1983 submitted by Norman Fife.
RE: Vacation of an alley system located between Stringham and Ashton Avenue west of 1300 East Street.
A public hearing was held at 6:30 p.m. to discuss this request. Vernon Jorgenson, planning and zoning, pointed out the alley system on a map. He said that the petition contained seven signatures, however, these people were not the owners of record. He also said that the alley appeared to be used. Mr. Jorgenson said that the Planning Commission recommended that, as per policy, the alley system be vacated, unless there was enough opposition at the public hearing to indicate denial. Norman Fife, petitioner, said that the alley is used by people who drive through at high speeds, there are weeds and trash in the alley which creates a fire hazard and the alleys are often used by vandals.
Mr. Fife indicated that he was of the understanding that Clark Financial would be able to purchase the alley abutting their property. Mr. Jorgenson said that a letter from David Hales, real property manager, indicated that if this request was for the Clark Financial improvements that the property should be sold. Mr. Jorgenson said that Clark Financial had not signed the petition. Councilmember Parker said that Clark is not opposed to the closure. Phillip Minor and Alfred Gale, residents of Ashton Avenue, stated their opposition to closure of the alleys. They indicated that the alleys are definitely required because of the close proximity of the freeway, making it otherwise impossible to go east or north from Ashton Avenue. They felt that the alleys should not be closed, but improved because of their importance. They also felt that the one-way and freeway signing is insufficient and hazardous.
Councilmember Davis moved and Councilmember Hardwick seconded to close the public hearing, which motion carried, all members present voting aye.
Councilmember Shearer requested that staff be directed to contact Utah Department of Transportation regarding the signs and also to investigate possible improvement of the alleys.
Councilmember Parker moved and Councilmember Hardwick seconded to deny the request to vacate the alley system due to ingress/egress value, which motion carried, all members present voting aye.
(P 84-197)
Petition 400-207 of 1984 submitted by Wayne Petty.
RE: Requesting that the northside of North Bonneville Drive east of Terrace Hills Drive be rezoned from its existing “P-1” classification to an classification.
A public hearing was held at 6:45 p.m. to discuss this request. Vernon Jorgenson, planning and zoning, pointed out the area on a map. He said that the petitioner had previously requested property on both sides be rezoned and that request had been denied. He said this request is for the property on the northwest side only. He indicated that the Planning Commission recommended approval because of the unique situation of this property. He said that there are four building lots and the property can be developed in keeping with the site development ordinance.
Mr. Wayne Petty, petitioner, said that the Planning Commission had recommended approval. He said that the property is adjacent to and across from existing lots and no new streets are necessary. He said in all other areas of the “P-1” zone, the lines are behind the lots not down the middle of the street. He indicated that the utilities are already in place and would not require extra digging. Mr. Petty said that the slope of the properties is less than 40% and with specially designed houses, no variances will be required. He also said that there is strong support from the neighborhood.
Councilmember Fonnesbeck asked Mr. Petty if he was going to make buyers aware of the 30 foot city right-of-way across the front of the lots. Mr. Petty said that it was his intention to make buyers aware of this, and is developing restrictive covenants in order to do this. Ms. Leigh von der Esch, Council executive director, said that Council staff recommends denial, however, if the property is rezoned they recommend that the motion include no variances to he granted and no precedence be set. Arthur Swindle, Avenues Community Council, said that the “P-1” is an important zone and the community council has looked closely at this situation. He said that they will not oppose the rezoning at this time. He said that if the rezoning is approved they request the following: 1) this be the last change to “P-1”; 2) this be the only exception to North Bonneville Drive; 3) “P-1” zoning encompasses far beyond the 40% grade limitation and includes the aesthetics of the hillsides; 4) it should be made clear that they comply with ordinances and no variances; and 5) “P-1” zoning indicates that zone is for all the city to enjoy and should remain as a preservation zone.
William Ray, 718 Northview Circle, spoke in opposition of the zoning change. He preferred the natural slope, and was concerned about preserving the hillsides and the “P-1” zones. Wynn Johnson, 1002 No. Bonneville, Robin Kimball, 732 Northland Drive, and Lee McCullough, resident and partner with Mr. Petty, spoke in favor of the rezoning. They felt that this would improve their neighborhood and felt protected by the site ordinances and special engineering of the houses. Mr. McCullough reiterated Mr. Petty’s statements and said that they have done studies and will not require variances to build.
Councilmember Davis said that the “P-1” zone was established for a reason, and the lines were not arbitrarily drawn. She was concerned that the Council does not have controls necessary to make sure that developers follow through with promises. She said that she did not feel that this is the right time to dig into the hillside.
Councilmember Parker moved and Councilmember Davis seconded to close the public hearing, which motion carried, all members present voting aye.
Councilmember Fonnesbeck felt that the request, since modified, probably should be approved. Councilmember Hardwick said that the “P-1” zone was established after a lot of work and we should live with it.
Councilmember Shearer said that the “P-1” was political as well as geological. She said that she was persuaded by the position of the Community Council. Councilmember Parker indicated that he was impressed by the lack of opposition to this issue.
Councilmember Davis moved and Councilmember Hardwick seconded to deny the rezoning request, which motion failed, Council Members Parker, Shearer, and Fonnesbeck voting nay.
Councilmember Shearer moved and Councilmember Fonnesbeck seconded to approve the rezoning of the north side of North Bonneville Drive east of Terrace Hills Drive from “P-1” to “R-l” classification with the recommendation that the lots be built without exception to the subdivision, site development or zoning ordinances and further that planning and zoning has found no other areas in the “P-1” zone that meet the unique conditions here and this action does not establish a precedence, which motion was registered with a three/two vote, Council Members Parker, Shearer and Fonnesbeck voting aye and Council Members Davis and Hardwick voting nay. The Council directed the city attorney to make a decision on the vote and prepare the necessary ordinance.
(P 84-227)
CITIZEN COMMENTS
B. Litz “Bart” Lower congratulated Spencer F. Eccles for his call for a taxpayers revolt. He passed around a handout and said that he appreciated the Council.
The meeting adjourned at 8:30 p.m.