PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, SEPTEMBER 11, 1984
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, SEPTEMBER 11, 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
Al Blair, director of building and housing services, briefed the Council on the status of the Stewart Apartments. He reported that the Board of Adjustment granted a three-month extension rather than order demolition because sale of the building was pending and the prospective buyer wanted to restore the building. The Board of Adjustment granted a second three-month extension, which will expire September 18, 1984. Blair reported that a demolition hearing is scheduled for October 17, 1984, and that his division expects to demolish the building before the end of October. He also reported that the Health Department had cleaned the property two weeks ago, but that the building was not adequately secured. Mr. Blair commented that the main problem he is experiencing with the property is that the ownership is not clear.
Bill Wright, planning and zoning, briefed the Council on the proposed Sugar House Master Plan. He stated that many of the ordinances needed to implement the plan are not in place. A major component of the plan is the “mixed use center” proposed for the area of McIntyre Center and Irving Commons. A “mixed use” ordinance, similar to the planned unit development ordinance, will have to be adopted. The plan does not include any manufacturing or industrial uses. Ms. Leigh von der Esch, executive director for the Council, briefed the Council on the agenda. The Council requested that staff prepare an extension to the alley vacation fee waiver resolution for consideration on September 20, 1984.
The policy session adjourned at 5:55 p.m.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, SEPTEMBER 11, 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. FONNESBECK EDWARD W. PARKER EARL F. HARDWICK.
Mayor Ted L. Wilson, Albert Haines, chief administrative officer and Roger Cutler, city attorney, were present at the meeting.
Council Chairperson Ronald Whitehead presided at and Councilmember Edward Parker 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 meeting held Tuesday, September 4, 1984, which motion carried, all members voting aye.
(M 84-1)
SPECIAL RECOGNITION
Albert Haines said that for the third consecutive year, the finance department has received the Municipal Finance Officers Association award. This certificate of conformance in financial reporting was received for the city’s annual report for fiscal year ending June 30, 1983. Mr. Haines extended appreciation to Lance Bateman and the finance department staff along with Dave Lamb, Jay Hanson and Arthur Young and Co. Lance Bateman, controller, expressed appreciation to his staff. Mayor Wilson said that it is very assuring to know that the finances are being kept in order. Councilmember Parker presented the certificate to Lance Bateman and Gary Mumford.
PETITIONS
Petition 400-187 of 198 submitted by State of Utah.
RE: Consider and adopt an ordinance closing a portion of Simondi Avenue (formerly Front Street at approximately 325 North) from Garside Street (formerly known as “Division”) to approximately 1560 West; together with Cornell Street (formerly known as “Custer” and “Rock” Streets) and Garside Street (1500 West) north of approximately 250 North; and portions of 14.2’ and 15’ alleys in the vicinity of 300 North and 1550 West in Salt lake City, Utah.
Councilmember Mabey moved and Councilmember Hardwick seconded to adopt Ordinance 57 of 1984, closing a portion of Simondi Avenue from Garside Street to approximately 1560 West; together with Cornell Street and Garside Street north of approximately 250 North; and portions of 14.2’ and 15’ alleys in the vicinity of 300 North and 1550 West in Salt Lake City, Utah, which motion carried all members voting aye except Councilmember Shearer who was absent at the time of the vote.
(P 84-35)
Petition 400-187 of 198 submitted by State of Utah.
RE: Consider and adopt an ordinance amending Section 51-12-2 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to zoning and fixing of boundaries of use districts, by rezoning an area in Phase I of the State Office Park project generally located in the area north of 300 North between Cornell and Garside Streets from “R-2A” to “R-7”.
Councilmember Mabey moved and Councilmember Whitehead seconded to adopt Ordinance 58 of 1984, rezoning an area in Phase I of the State Office Park project generally located in the area north of 300 North between Cornell and Garside Streets from “R-2A” to “R-7”, which motion carried, all members voting aye except Councilmember Shearer who was absent at the time of the vote.
(P 84-35)
DEPARTMENTAL BUSINESS
CITY ATTORNEY
#1. RE: Consider and adopt a resolution authorizing the execution of an interlocal Cooperation Agreement between Salt Lake City Corporation and the State of Utah, whereby the State of Utah agrees to comply with City ordinances and normal requirements related to the design, review and construction of an industrial office park subdivision, the State of Utah agrees to comply with the City’s requirements related to the extension of the public infrastructure needed to service the development, and the State of Utah agrees to waive its statutory exemption from complying with the City’s ordinances for the purposes of enforcing the terms of the agreement.
Without objection, Councilmember Parker referred the resolution to Committee of the Whole for Thursday, September 13, 1984.
(C 84-431)
#2. RE: An ordinance deleting Chapter 3 of Title 27 of the Revised Ordinances of Salt Lake City, Utah, relating to the Shade Tree Commission.
Councilmember Whitehead moved and Councilmember Davis seconded to adopt Ordinance 59 of 1984, repealing Chapter 3 of Title 27 of the Revised Ordinances relating to the Shade Tree Commission, which motion carried, all members voting aye except Councilmember Shearer who was absent at the time of the vote.
(O 84-26)
#3. A resolution urging Congress to adopt HR5310 and S2540 and exclude state and local public safety officers from the operation of the Age Discrimination in Employment Act of 1967.
Councilmember Shearer moved and Councilmember Whitehead seconded to adopt Resolution 90 of 1984, urging Congress to adopt HR5310 and S2540 and exclude state and local public safety officers from the operation of the Age Discrimination in Employment Act of 1967, which motion carried, all members voting aye.
(R 84-13)
OFFICE OF THE MAYOR
#1. RE: Appointments of Randy Dixon, Brad Rich, Mary Elean Sloan, Ranch Kimball, and the reappointments of Tom Sieg and Henry Whiteside to the Historical Landmarks Committee. Councilmember Davis requested the City Recorder to contact appointees who have not turned in disclosure statements, Mr. Sieg and Ms. Sloan. She also felt that this committee needed more lay people and a cross section of the city.
Councilmember Fonnesbeck moved and Councilmember Mabey seconded to approve the appointments of Randy Dixon, Brad Rich, Ranch Kimball and the reappointment of Henry Whiteside, which motion carried, all members voting aye except Councilmember Davis who voted nay and Councilmember Shearer who was absent at the time of the vote.
(I 84-15)
#2. RE: Appointment of Robert Springmeyer Jr. and the reappointment of Frank Moss and Yan Ross to the Air Travel Commission. Mr. Springmeyer’s disclosure statement had not been received prior to the meeting.
Councilmember Fonnesbeck moved and Councilmember Davis seconded to approve the reappointments of Frank Moss and Yan Ross to the Air Travel Commission, which motion carried, all members voting aye except Councilmember Shearer who was absent at the time of the vote.
(I 84-16)
#3. RE: Appointment of Cindy Gust-Jensen to the Salt Lake City/County Board of Health.
Councilmember Whitehead moved and Councilmember Davis seconded to approve the appointment of Cindy Gust-Jenson to the City/County Board of Health, which motion carried, all members voting aye except Councilmember Shearer who was absent at the time of the vote.
(I 84-2)
#4. RE: Approve the appointment of Ms. LaVone Liddle-Gamonal to the Salt Lake Planning and Zoning Commission.
Councilmember Whitehead moved and Councilmember Davis seconded to approve the appointment of LaVone Liddle-Gamonal to the Planning Commission, which motion carried, all members voting aye except Councilmember Shearer who was absent at the time of the vote.
(I 84-17)
PUBLIC WORKS
#1. RE: A resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City Corporation and Utah Department of Transportation to provide for the design of a safety project located on 7200 West Street, Salt Lake County, to provide railroad-highway crossing safety improvements for the Western Pacific and Union Pacific crossing south of 700 South.
Councilmember Shearer asked why the city would be involved since this is located in the county. Mr. Haines indicated that there had been an agreement made within the last two years for this in connection with an annexation.
Councilmember Mabey moved and Councilmember Whitehead seconded to adopt Resolution 91 of 1984 authorizing the execution of an Interlocal Cooperation Agreement with UDOT to provide for the design of a safety project located on 7200 West Street, which motion carried, all members voting aye.
(C 84-426)
#2. RE: A resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City Corporation and Salt Lake County for cost sharing between City and County for construction of Storm Drain Systems on 1700 South, 400 East to 500 West Streets. Councilmember Davis asked if street resurfacing would be included in this project and Mr. Haines indicated that it would be.
Without objection, Councilmember Parker referred this resolution to the consent agenda for Tuesday, September 18, 1984.
(C 84-427)
#3. RE: A resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City Corporation and Salt Lake County for cost sharing between City and County for construction of a Storm Drain System located at 2700 South.
Without objection, Councilmember Parker referred this resolution to the consent agenda for Tuesday, September 18, 1984.
(C 84-428)
#4. RE: A resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City Corporation and Salt Lake County for cost sharing between City and County for construction of Oil Drain Syphon located at 2200 North 1900 West.
Without objection, Councilmember Parker referred this resolution to the consent agenda for Tuesday, September 18, 1984.
(C 84-429)
#5. RE: A resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City Corporation and Salt Lake County for cost sharing between City and County for construction of the Gateway Storm Drain System.
Without objection, Councilmember Parker referred this resolution to the consent agenda for Tuesday, September 18, 1984.
(C 84-430)
#6. RE: An ordinance amending Title 46 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, by repealing Sections 123, 125, 141, 144.1, 160, 162, and Schedules 1, 2a, b, c, d, e, and f, 6, 7, 8, 9, 10, 11, 12, 13a and b, 14a, b, c, d, e, f, g, h, i, j, k, 1, and amending Sections 130, 140, 144, 145, 146, 147, 151, 154, 168, 177 and 284, relating to Traffic Rules and Regulations.
Councilmember Mabey moved and Councilmember Davis seconded to refer the ordinance relating to Traffic Rules and Regulations to committee of the whole for Thursday, September 20, 1984, which motion carried, all members voting aye.
(O 84-27)
#7. RE: A resolution to create Salt Lake City, Utah, Lighting District No. 2 and to approve services and improvements as set forth in the Notice of Intention to create the district, and authorizing the mailing of assessment notices to property owners within the district.
Councilmember Shearer moved and Councilmember Davis seconded to adopt Resolution 93 of 1984, creating Salt Lake City, Utah, Lighting District No. 2, which motion carried, all members voting aye.
(Q 83-5)
#8. RE: A resolution authorizing the execution of a contract with Utah Power and Light Company for the operation, patrol and maintenance for a period of three years of Lighting District No. 2. Councilmember Shearer asked if the rates were within those advertised in the notice of intention. Timothy Harpst, transportation, indicated that they were. He also said that the rates include an annual inflation factor to cover projected rate increases during the three year period.
Councilmember Shearer moved and Councilmember Davis seconded to adopt Resolution 92 of 1984, authorizing the execution of a contract with Utah Power and Light for the operation, patrol and maintenance of Lighting District No. 2, which motion carried, all members voting aye.
(C 84-432)
PUBLIC HEARINGS
Lighting District No. 2
RE: Consider protests concerning creation of Special Lighting District No. 2.
A public hearing was held at 6:00 p.m. to consider protests on this district. Timothy Harpst, transportation, said that 12 written protests had been received. This equals 1.2% of the total front footage of property in the district. Eugene Sloan said that the cost for his property on 400 South between State and Main was up 400%. He also said this cost is 50% higher than for 300 South. Councilmember Whitehead explained that not all the lighting districts expire at the same time, but when all have been renewed, the rates will be the same. Councilmember Davis asked if the property owners would be charged for the lights being left on all day and night for long periods of time. Mr. Harpst said that neither the property owner or the city are charged for this kind of maintenance problem. He said that UP&L would have to request a rate increase and justify this as part of the cost.
Councilmember Whitehead asked what type of an area would be allowed to protest out of the district. Mr. Harpst indicated that it would be possible to protest out a one block area. Councilmember Shearer asked what effect American Towers would have on the district since they are presently in receivership. Mr. Cutler indicated that receivership would not prevent legitimate bills from being paid for services rendered.
Councilmember Whitehead moved and Councilmember Davis seconded to close the public hearing, which motion carried, all members voting aye.
(Q 83-5)
Landmark site
RE: Placing the James T. and Mary M. Donohue house, 141 South 200 East, on the City Register of Cultural Resources and designating it as a landmark site.
A public hearing was held at 6:15 p.m. to discuss this issue. This item was pulled from the agenda without action.
(L 84-1)
Sugarhouse Master Plan.
RE: Obtain public comment concerning the proposed Sugarhouse Master Plan.
A public hearing was held at 6:30 p.m. to discuss the plan. Vernon Jorgenson, planning and zoning, said that the Planning Commission has been working for several years on this plan, developing goals and objectives to help guide the growth of the Sugarhouse community. Citizens groups developed the basic plan. The Planning Commission feels that this plan combines all interests and gives a guide for future development of this area. Mr. Jorgenson said that the plan calls for some ordinance changes. It supports some rezoning, some down zoning and development of different types of zoning such as floor area ratios which will give flexibility to height limitations. The plan also recommends application of planned unit development system or compatibility review. He said that this plan is a guide and the boundaries are generalized and flexible. Thomas J. Richards, Sugarhouse Chamber of Commerce, Henry W. Richards, Granite Furniture, Jim McGuire and Tai Beisinger, Clark Financial, Clyde K. Cummings, C.K. Cummings Candy, Mr. Rockwood, Rockwood Furniture and Joel Van Orden, Mecham Ltd. addressed the Council. They said that they appreciated the work that was done on the plan, however, businesses in the area had a few concerns. They felt that the plan should be more flexible and allow the business owners to determine land use.
The Chamber of Commerce requested: 1) expand the area currently designated as mixed use to include all of the land area from 2100 South to 1-80 between 1300 East and Highland Drive; 2) eliminate the 4500 foot elevation height restriction on land currently zoned C-3 or C-1; 3) eliminate the proposed removal of the railroad tracks until all existing users have determined there is no longer a need for them; 4) eliminate the proposed conversion of existing parking lots to residential use; and 5) provide for strong local business input on any proposed compatibility review committees.
Granite Furniture requested: 1) extend the commercial area south of 2100 South from 900 East to McClelland and south to Sugarmont Drive; 2) extend the commercial area north of 2100 South between 900 and 1100 East to Hollywood Avenue; and 3) extend the commercial area east of Highland Drive between 2100 and I-80 to 1300 East. Clark Financial had concerns and recommended additional language for the plan (on file in the City Recorder’s Office). Rawlins Young, Gene Davis and Gail Whorton, Sugarhouse Community Council, addressed this issue. They felt that the commercial and business issue was overshadowing the rest of the plan. They said that the plan is a good mechanism to deal with present and future problems and take care of the public interest.
Ms. Whorton suggested that the commercial and residential be separated into separate plans. The Community Council felt that the plan represented give and take on both sides and recommended adoption of the plan as written. Orton Fisher, Harry Sharp and Ms. Worthen, Sugarhouse residents, addressed the Council. Most were concerned with the Sugarhouse Beautification. Mr. Sharp said that he wanted to see some improvement in the Sugarhouse area with residential areas still maintained. Mayor Wilson said that he was concerned about Sugarhouse and felt that something should be done before it is destroyed. He said most people have been supportive of the plan and had concerns only regarding a few certain items.
Councilmembers Davis and Whitehead indicated their concern for the area. They said that the Council will do all possible to make Sugarhouse a viable place for residents and businesses. Councilmember Fonnesbeck had concerns about the neighborhoods in regards to height and density, since most of the area is residential with a commercial core. Councilmember Mabey was also concerned about the neighborhoods, but felt that something needs to be done now. He said that the businesses need to be kept in good condition instead of letting them run down. Bill Wright, planning and zoning, indicated that the height restrictions and the railroad tracks were no longer a concern. He said that the review committee as proposed in the draft ordinance would be comprised of three Planning Commission members, the developer or designee, one city staff planner and a representative to be designated by the Community Council. He said that both residents and business people are concerned with the make up of this committee. Councilmember Fonnesbeck felt this should be further reviewed.
Councilmember Whitehead moved and Councilmember Davis seconded to close the public hearing, which motion carried, all members voting aye except Councilmember Shearer who was absent at the time of the vote.
Councilmember Mabey moved and Councilmember Davis seconded to refer the Sugarhouse Master Plan the to committee of the whole, Tuesday, October 4, 1984, and that business people be involved in resolving problems in the plan, and receive rough drafts of the ordinances referred to in the plan, which motion carried, all members voting aye except Councilmember Shearer who was absent at the time of the vote.
(T 84-22)
Industrial Revenue Bond.
RE: Industrial Revenue Bonds for Devereaux Partners.
A public hearing was held at 7:00 p.m. to discuss this Industrial Revenue Bond. Craig Terry, Parsons, Behle & Latimer, explained that the IRB is for Devereaux Partners to acquire the 3rd, 4th, and all or part of the 5th floors of 3 Triad Center. He said that a lease agreement has been signed with the State of Utah. No one in the audience addressed this issue.
Councilmember Davis moved and Councilmember Fonnesbeck seconded to close the public hearing, which motion carried, all members voting aye except Councilmember Shearer who was absent at the time of the vote.
Councilmember Fonnesbeck moved and Councilmember Mabey seconded to adopt Resolution 94 of 1984, contingent upon city attorney approval, issuing IRB to Devereaux Partners in the amount of $10,000,000, which motion carried, all members voting aye except Councilmember Shearer who was absent at the time of the vote.
(Q 84-16)
Ordinance re: excavation and obstruction.
RE: An ordinance amending Title 41, Chapter 5 of the Revised Ordinances of Salt Lake City, Utah, 1965, by amending Sections 41-5-1 through 41-5-26 and adding new Sections 41-5-27, 41-5-28, and 41-5-29 relating to excavation and obstruction.
A public hearing was held at 7:30 p.m. to discuss this ordinance. Gerry Blair, engineering, explained that building and housing inspection, engineering enforcement and transportation engineering areas have all been incorporated into this one document, thus making control of work in the public way easier. He said that Downtown Merchants Association and Associated General Contractors were involved in the ordinance update. He said that the fee schedule has been changed, based on actual costs. He said the ordinance basically does four things: 1) sets a more flexible duration for projects; 2) sets limits on multiple excavations; 3) transfers the responsibility of removing barricades from building and housing to engineering; and 4) sets a fee for calendar year for maintenance items (window washing, sign maintenance, etc.). No one from the audience addressed this issue. Mr. Haines said that public works had done a good job in the process of changing this ordinance by gaining input from the community.
Councilmember Davis moved and Councilmember Whitehead seconded to close the public hearing, which motion carried, all members voting aye, except Councilmember Shearer who was absent at the time of the vote.
Councilmember Davis moved and Councilmember Fonnesbeck seconded to adopt Ordinance 60 of 1984, amending Title 41, Chapter 5 of the Revised Ordinances of Salt Lake City, Utah, 1965, by amending Sections 41-5-1 through 41-5-26 and adding new Sections 41-5-27, 41-5-28, and 41-5-29 relating to excavation and obstruction, which motion carried, all members voting aye except Councilmember Shearer who was absent at the time of the vote.
(O 84-25)
The meeting adjourned at 9:00 p.m.