PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, SEPTEMBER 20, 1983
THE CITY COUNCIL OF SALT TAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, SEPTEMBER 20, 1983, 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 PAULER DEPAULIS.
Council Chairman Grant Mabey presided at and conducted the meeting.
POLICY SESSION
Mr. Larry Livingston briefed the Council on the status of Petition 590 of 1980, submitted by the Capitol Hill Neighborhood Council, requesting the establishment of an historic district for a portion of the Capitol Hill area in accordance with Section 51-32-3 of the Revised Ordinances of Salt Lake City. Mr. Livingston told the Council that even though the public hearing had been held on this item, too much time had passed since the hearing to act on the petition at this time.
Mr. Livingston recommended that the Council deny the petition and request the petitioners to submit a new petition for the creation of an historic district and go through the process for consideration. Chief Pederson and members of the fire department informed the Council of upcoming events relating to the fire department’s centennial celebration and the fireman’s ball. Leigh von der Esch briefed the Council on items relating to the Council agenda and Council scheduling.
The policy session adjourned at 6:00 p.m.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, SEPTEMBER 20, 1983, 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 N. PARKER PALMER DEPAULIS.
Council Chairman Grant Mabey presided at and Councilmember Palmer DePaulis conducted the meeting.
Mayor Wilson, Albert Haines, chief administrative officer, and Roger Cutler, city attorney, were present at the meeting.
Pledge of Allegiance.
Approval of minutes:
Councilmember Parker moved and Councilmember Shearer seconded to approve the minutes of the regular meeting of the Salt Lake City Council for the meeting held Tuesday, August 13, 1983, which motion carried, all members voting aye except Councilmember Davis who was absent when the vote was taken.
(M 83-1)
PETITIONS
Petition 590 of 1980 submitted by Capitol Hill Neighborhood Council.
RE: Requesting the establishment of an historical district for a portion of the Capitol Hill area in accordance with Section 51-32-3 of the Revised Ordinances of Salt Lake City.
Mr. Larry Livingston, Council office legislative analyst, suggested that the Council deny the petition so that it could be resubmitted and considered under current procedures.
Councilmember Shearer moved and Counci1member Mabey seconded to deny Petition 590 of 1980 and encourage the residents to submit a new petition requesting the establishment of an historical district for a portion of the Capitol Hill area, which motion carried, all members voting aye except Councilmember Whitehead who was absent when the vote was taken.
(P 83-494)
Petition 178 of 1981 submitted by George Katsos.
RE: Requesting permission to install a gate across 2900 West at 500 South.
Councilmember Whitehead moved and Councilmember Mabey seconded to schedule a public hearing for Tuesday, October 18, 1983 at 7:45 p.m. to discuss Petition 178 of 1981, which motion carried, all members voting aye.
(P 83-492)
Petition 1200-05 of 1983 submitted by Donald LeBaron.
HE: Requesting 2200 West Street between North Temple Street and 700 North Street be renamed Sperry Boulevard.
Councilmember Whitehead moved and Councilmember Mabey seconded to schedule a public hearing for Tuesday, October 18, 1983 at 7:30 p.m. to discuss Petition 1200-05 of 1983, which motion carried, all members voting aye.
(P 83-493)
DEPARTMENTAL BUSINESS
CITY ATTORNEY
#1. RE: A resolution authorizing the execution of an interlocal cooperation agreement between Salt Lake City and Salt Lake County establishing a health department.
Councilmember Whitehead moved and Councilmember Mabey seconded to adopt Resolution 79 of 1983 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and Salt Lake County establishing a health department, which motion carried, all members voting aye.
(C 83-325)
#2. RE: A resolution supporting Colorado Midland Railway Corporation in its efforts to provide passenger rail service between Denver, Colorado and Salt Lake City, Utah.
Councilmember Parker asked if this railroad would be in competition with the local Utah railroad or if it replaces a service that has gone out of business. Councilmember Shearer said that Colorado Midland proposes to replace the discontinued Amtrak service out of Denver through Wyoming into Ogden. The current Amtrak route is over the D&RG tracks from Denver directly to Salt Lake not going through Ogden. Ms. Shearer opposed encouraging the resumption of the Ogden route. The D&RG track is the most direct route for Salt Lake residents and business people so Councilmember Shearer felt that this is the one which should be encouraged.
Roger Cutler, city attorney, indicated that local interests are not completely in favor of this proposed passenger service but it will not be in competition with the service they provide. Colorado Midland is proposing this service because supposedly Amtrak is going to discontinue service between Denver and Salt Lake.
Councilmember Shearer moved and Councilmember DePaulis seconded to table the resolution supporting Colorado Midland Railway Corporation in its efforts to provide passenger rail service between Denver, Colorado and Salt Lake City, Utah, which motion carried, all members voting aye except Councilmember’s Whitehead and Fonnesbeck who were absent when the vote was taken.
(R 83-17)
CITY COUNCIL
#1. HE: An ordinance amending Section 18-2-29 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to loaded vehicle standing on street prohibited (garbage and refuse). Councilmember DePaulis referred the proposed ordinance amending Section 18-2-29 relating to loaded vehicle standing on street prohibited, to the Committee of the Whole for Thursday, September 22, 1983; referred without objection.
(O 83-37)
FINANCE AND ADMINISTRATIVE SERVICES
#1. RE: A resolution authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and the State Judicial Council for data processing services.
Councilmember Whitehead moved and Councilmember Mabey seconded to adopt Resolution 80 of 1983 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and State Judicial Council for data processing services, which motion carried, all members voting aye.
(C 83-324)
FIRE DEARPMEN1
#1. RE: A resolution authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and Sandy City Corporation for dispatch services in the Salt Lake City Fire Dispatch Center. This is an update to an existing agreement.
Councilmember Whitehead moved and Councilmember Mabey seconded to adopt Resolution 81 of 1983 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and Sandy City providing Sandy City with fire dispatch services including both fire and emergency medical, which motion carried, all members voting aye.
(C 82-14)
#2. RE: A resolution authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and the South Davis Fire District for joint fire protection services.
Councilmember Whitehead moved and Councilmember Mabey seconded to adopt Resolution 82 of 1983 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and South Davis Fire District for assisting each other in times of emergency or disaster when called upon to do so, which motion carried, all members voting aye.
(C 83-323)
#3. RE: A resolution authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and Salt Lake County providing for supplying of firefighting services on a reciprocal basis.
Councilmember DePaulis referred the resolution authorizing the execution of an interlocal cooperation agreement between Salt Lake City and Salt Lake County for reciprocal fire services to the consent agenda for October 4, 1983; referred without objection.
(C 82-669)
OFFICE OF THE MAYOR
#1. RE: Appointment of Rosalie Walker to the Library Board. There is presently a vacancy on the Library Board caused by the expiration of the term of Corrinne Sweet. Ms. Walker is an attorney with Prince, Yeates and Geldzahler. Councilmember DePaulis referred the appointment of Rosalie Walker to the Library Board to the consent agenda for October 4, 1983; referred without objection.
(I 83-22)
#2. RE: An ordinance amending Title 25 of the Revised Ordinances of Salt Lake City, Utah, 1965, by adding a new Chapter 28 to be entitled “Tracy Aviary Board”. Also consider the appointments of Kevin N. Anderson, Mrs. Joseph C. Bennett, Robert J. Cook, Jules S. Dreyfous, Conrad B. Harrison, Hugh H. Hogle, Harold B. Lamb, Rendell N. Mabey, George Allen, Ms. Marcia Price, James W. Ure IV, Dr. Clayton White, Dr. Ross Anderson, and Mayor Ted Wilson to the Tracy Aviary Board.
Roy Bouck, employee at the Aviary, felt that the Tracy Aviary Board is a good idea but said that some of the people recommended for appointment have no background working with birds. He felt that the members of the board should be familiar with birds and bird care. He mentioned that members of the previous board made decisions that, in his opinion, were not beneficial for the Aviary. John Hiskey, executive assistant to the Mayor, said the Mayor had suggested that the board be structured in a way that would rely upon the expertise of various individuals. Suggested appointments include those with an agricultural background and those with management experience.
Councilmember Whitehead felt there was a need for diversity among the members in order to have a balanced and multi-faceted board. Councilmember Shearer expressed concern about the size of the board. Councilmember Davis indicated that the board’s authority had not been specifically outlined. Kevin Anderson, proposed member of the board, indicated that there is an immediate need for the board and asked when a decision would be made. Councilmember Shearer said that this was the first time the issue had been presented to the Council and the members needed time to review the powers of the board. Councilmember DePaulis said that October 4 would be the earliest opportunity to take official action. He referred the proposed ordinance regarding the Tracy Aviary Board and referred the recommended appointments to the Committee of the Whole for Thursday, September 22, 1983; referred without objection.
(I 83-21)
#3. RE: The appointments of Marvin Ulrich, Peter Dup. Emerson, Ken D. Peterson, and David Brems, and the reappointment of Bradley P. Rich to the Historical Landmark Committee. Councilmember DePaulis referred the Historical Landmark Committee appointments to the consent agenda for October 4, 1983; referred without objection.
(I 83-23
#4. RE: Issuance and sale of $3,436,000 of Sewer and Water Subordinated Revenue Bonds, 1983 Series B of Salt Lake City, Utah, to Zions First National Bank. Also a resolution providing for the publication of a Notice of Bonds to be Issued with respect to $3,436,000 Water and Sewer Subordinated Revenue Bonds, Series l983B, of Salt Lake City, Salt Lake County, Utah, and providing for the running of a contest period.
Councilmember Shearer moved and Councilmember Mabey seconded to adopt Resolution 83 of 1983 authorizing the issuance and sale of $3,436,000 Water and Sewer Subordinated Revenue Bonds, Series 1983B, which motion carried, all members voting aye except Councilmember Whitehead who was absent when the vote was taken.
Councilmember Shearer moved and Councilmember Mabey seconded to authorize the sale of the Water and Sewer Subordinated Revenue Bonds, Series l983B, to Zions First National Bank at an interest rate of 9.25%, which motion carried, all members voting aye except Councilmembers Whitehead and Fonnesbeck who were absent when the vote was taken.
Councilmember Shearer moved and Councilmember Mabey seconded to adopt Resolution 84 of 1983 providing for the publication of a Notice of Bonds to be Issued with respect to $3,436,000 Water and Sewer Subordinated Revenue Bonds, Series l983B, of Salt Lake City, Salt Lake County, Utah, and providing for the running of a contest period, which motion carried, all members voting aye except Councilmembers Whitehead and Fonnesbeck who were absent when the vote was taken.
Mayor Wilson thanked all the people involved in this issue. This is a significant step that will help protect the canyon and the watershed. He indicated that this has the potential to set a national model which can be applied to other critical watershed areas.
(Q 83-23)
PUBLIC WORKS
#1. RE: A resolution awarding the construction contract to Okland Construction Company for construction of improvements in Salt Lake City, Utah, Curb and Gutter Extension No. 38-708, Sugarhouse Beautification, for work on 2100 South from 900 East to 1300 East and on 1100 East and Highland Drive from Ramona Avenue to Ashton Avenue. Rick Johnston, deputy city engineer, indicated that all the bids were above the estimate but Okland was the apparent low bidder. He said that they worked with the contractor to make changes which would save money on the contract but would not affect the project.
Councilmember Parker moved and Councilmember Mabey seconded to adopt Resolution 85 of 1983 awarding the construction contract to Okland Construction Company for construction of improvements in Salt Lake City, Utah, Curb and Gutter Extension 38-708, Sugarhouse Beautification, for work on 2100 South from 900 East to 1300 East and on 1100 East and Highland Drive from Ramona Avenue to Ashton Avenue, which notion carried, all members voting aye except Councilmember Davis who was absent when the vote was taken.
(Q 83-3)
PUBLIC HEARINGS
Sale of Property.
RE: Proposed sale of a parcel of land owned by Salt Lake City, improved with a red brick single family dwelling and garage located on the north side of 400 South at 1302 West.
A public hearing was held at 6:00 p.m. to receive public comment on this matter. Councilmember Mabey said that the Disabled American Veterans had been leasing this building but they no longer required its use. Albert Haines said the property was declared surplus and was made available to the Housing Authority, who wanted the property for nothing, and NTIS expressed an interest in the property but only wanted to pay half the appraised value.
Councilmember Shearer asked what would happen if bids were less than the appraised value. Mr. Haines indicated that the price would be renegotiated or the City would retain the property. Councilmember Mabey felt that the property is not of any value to the City and he supported the sale of this property by the City. The property has been listed as being for sale. No one from the audience addressed this issue.
Councilmember Shearer moved and Councilmember Mabey seconded to close the public hearing, which notion carried, all members voting aye.
(W 83-2)
Conditional Uses in “M-l” Zone.
RE: An ordinance amending Sections 51-25-1 and 51-25-2 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to Industrial “M-l” Districts. Said ordinance would allow residential units as conditional uses in an “M-l” zone if approved by the Planning Commission.
A public hearing was held at 6:15 p.m. to consider this ordinance amendment. Dean Barney, assistant planning director, indicated that when the original ordinance was adopted it was thought to be unadvisable to have living areas and light industrial areas mixed. But in recent years it has been acceptable and desirable to have a proper mix. Mr. Barney also explained that the change would allow the residential use as proposed by Artspace and would also allow motels with kitchens, which are currently considered apartments by definition. The Planning Commission recommends the amendment to allow residential as a conditional use in so that each case can be considered individually.
Councilmember Fonnesbeck asked why residential uses had to be conditional. Mr. Barney indicated that both residential and industrial development would be protected. There could be problems with allowing residential uses anywhere in the industrial zone. Some industrial areas are far outlying and entirely industrial but some areas are close in and would allow for a mix. Councilmember Shearer indicated that requiring review of the residential use would ensure that adequate facilities are available.
Councilmember Fonnesbeck hoped that the Planning Commission would be aware of potential for residential use in industrial areas and hoped they would not deny requests because this use has not been tried. Scott Muir, 1221 Gilmer Drive, representing Steven Goldsmith of Artspace, expressed support for the zoning change. He explained that the artist studio concept is compatible with light industrial zoning since sculpture and ceramic production could be construed as light industrial use. No one from the audience opposed the amendment.
Councilmember Fonnesbeck moved and Councilmember Parker seconded to close the public hearing, which motion carried, all members voting aye.
Councilmember Fonnesbeck moved and Councilmember Mabey seconded to adopt Ordinance 66 of 1983, amending Sections 51-25-1 and 51-25-2 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to Industrial “M-l” District to allow residential units as conditional uses, which notion carried, all members voting aye.
(O 83-36)
Petition 400-86 of 1983 submitted by Oquirrh/Ensign Associates.
RE: Requesting that the property located between 9th and 10th Avenues and between “E” and “F” Streets be rezoned from a Residential “R-2” to a Residential “R-2A” classification.
A public hearing was held at 6:30 p.m. to discuss Petition 400-86. Dean Barney, assistant planning director, outlined the area on a nap. He indicated that the Ensign school had formerly occupied the property. The petitioner was planning to develop the entire block except the southeast corner where a library branch will be constructed. The Planning Commission recommended the zoning change but suggested that the density not exceed 14.5 units per acre for a total of 29 units on the parcel. The piece of property is approximately two acres. The current R-2A ordinance suggests that there should not be more than 20 units per acre but density should be in keeping with the neighborhood.
Mr. Barney said that the development has to be plan specific and the plan has to be submitted to the Planning Commission for approval. Sharon Snow, petitioner, felt that a planned-unit development was the best use of the block. She said that time and effort has been spent working with the neighborhood to develop a plan which meets everyone’s needs and they are close to agreeing upon a plan. Considerations made with the neighborhood include saving 40 out of the 44 trees currently on the block, using the existing topography, providing primarily underground parking to eliminate numerous driveways, eliminating garages, and constructing buildings which do not exceed two stories above grade. Councilmember Fonnesbeck indicated that the neighborhood wanted the property developed and they feel comfortable with this proposal. Ms. Fonnesbeck complimented Ms. Snow on working so hard with the area residents to reach a compromise. No one from the audience opposed this issue.
Councilmember Mabey moved and Councilmember Parker seconded to close the public hearing, which motion carried, all members voting aye.
Councilmember Fonnesbeck moved and Councilmember Mabey seconded to approve Petition 400-86 of 1983 requesting to rezone property between 9th and 10th Avenues and “E” and “F” Streets from “R-2” to “R-2A” and uphold the recommendation of Planning and Zoning to require the development to be plan specific and that the of units built not exceed 29, which notion carried, all members voting aye.
(P 83-472)
Industrial Revenue Bond for Boyer Intermountain Surgical Associates.
RE: A resolution authorizing and inducing the execution of a memorandum of agreement with Boyer Intermountain Surgical Associates, a Utah Limited Partnership, regarding the issuance of $2,500,000 for construction of one two-level building with adjacent parking to be used as a medical and surgical center near the LDS Hospital at the corner of 8th Avenue and “D” Street.
A public hearing was held at 6:45 p.m. to consider this request. Dean Barney, assistant planning director, indicated that the property east of LDS Hospital is zoned “R-2H” so the area is properly zoned for the project. Roger Boyer, Boyer Intermountain Surgical Associates, explained the project. The project is approximately a 20,000 square foot building on the corner of 8th Avenue and “D” Street. This would be a two-story facility and would include an out-patient surgical capability. One of the main purposes would be to provide a convenient and lower-cost service on an out-patient basis to patients who would otherwise be dealing inside the hospital. This would be only for day surgery and not for overnight stay.
Mr. Boyer said that no special zoning requests are being nude and he felt that the project meets the general master plan. Mr. Boyer indicated that a portion of the building will be leased to the hospital after it is constructed and some of the space will be leased by doctors. Kem Gardner indicated that the second major purpose of the IRB act is health and welfare and not just economic inducement. Clayton Smith, 437 11th Avenue, felt that the proposed project is an extension of the LDS Hospital. He indicated that several years ago an agreement was made between the hospital and the neighborhood wherein the hospital agreed that subsequent phases of the hospital’s replacement program were intended to be within blocks between “C” and 1)” Streets and 7th and 9th Avenues. The proposed facility is east of this two-block area. Mr. Smith said that the hospital indicates that the proposed facility is not a replacement but the application they presented to the State Health Planning Department states that replacement facilities are needed for the LDS Hospital’s outpatient surgical program. An off-campus location would not truly be able to function as a replacement of the LDS Hospital’s existing out-patient surgery program.
Mr. Smith indicated that the Greater Avenues Community Council worked hard to get an agreement from LDS Hospital and he felt that if the Council supports the IRB the community councils will feel betrayed. Mr. Smith said that the City should not be party to allowing the hospital or anyone else to violate agreements. Councilmember Fonnesbeck indicated that the proposed project may not violate the letter of the agreement but it does violate the spirit of the agreement which was no-growth for 50 years.
Justin Stewart, area resident, also opposed the IRB and felt that the proposed project violates the agreement. He reiterated that subsequent phases of the hospital’s replacement program were intended to be between “C” and 1)” Streets and 7th and 9th Avenues. He felt that the proposed project is an extension of the hospital. Mr. Stewart said that the residents advocated the closing of 8th Avenue as a compromise for the agreement.
Kem Gardner said that Intermountain Health Care has been concerned with the increase in medical costs and has been concerned with the growing rise in surgical centers organized by groups of doctors which take a lot of the single-day ambulatory in-out patient care away from hospitals. Intermountain Health Care’s Board decided to aggressively try to protect the hospitals by providing ambulatory surgical centers on an in and out basis during the day at the hospitals in the area. Mr. Gardner said that these facilities were not intended as replacements but were intended to provide additional services from the hospital which are not being offered.
Mr. Gardner said that the facility would provide space for doctors as well as the surgical units. He reiterated that this would be to the best interest of the residents since medical costs would be lower. Councilmember Fonnesbeck asked how the developers of this project bypassed getting a Certificate of Need. Mr. Gardner indicated that the Certificate was not being bypassed because the Certificate of Need legislation expires before the facility will be open. He said that the IHC board has worked hard in the past to keep Certificates of Need but the legislature decided to let them expire.
Councilmember Fonnesbeck asked if there were any shortcuts that the private developers could take that the LDS Hospital would be held responsible for if they built the facility. Mr. Gardner indicated that he was not aware of any shortcuts. He also indicated that this facility will be on the tax rolls. Councilmember Whitehead asked how the proposed facility would relate to the emergency care center on the west side. Mr. Gardner said that the emergency care center would be for emergency care and the proposed facility is a full-service surgical ambulatory facility. Councilmember Davis asked if Intermountain Health Care had approved other surgical centers within Salt Lake City. Mr. Gardner said that this was the only center in Salt Lake City that they have approved, however, he understood that a group of doctors have applied to do a surgical center downtown and the Certificate of Need has been approved. This would compete with the proposed facility.
John Becker, 175 South West Temple, said that the lobbyist for Intermountain Health care led the lobbying attempt in the legislature this year for the repeal of Certificate of Need. Jennifer Harrington, 480 “F” Street, addressed the issue of whether or not the proposed facility is replacing facilities existing in the hospital. She referred to a letter from Intermountain Health Care addressed to the Deputy Director of the Utah State Department of Health. The letter states that LDS Hospital has been performing out-patient surgery for over ten years. Out-patient surgery is performed in the hospital’s operating rooms on the 6th floor of the east wing of the hospital. She said that Intermountain Health Care has indicated in neighborhood council meetings that the proposed facility would be a replacement facility but they do not have to go through the Certificate of Need process.
Dr. Harry Wong said that the Certificate of Need process specifically names ambulatory surgery as a facility that requires a Certificate of Need. He said that the law does not expire until December 31, 1984, so any health-care facility which is a surgical facility should require the certificate. Richard Elwyn, 555 Northmont Way, pediatric anesthesiologist, felt that children should be cared for in a special facility, such as Primary Children’s Hospital, and said that the proposed facility will care for children. The board and executive committee of Primary Children’s Hospital voted against the proposed center, however, IHC and LDS hospital have decided to treat children. Mr. Elwyn felt that this project was not cost effective since there would be empty space in the hospital which could be utilized.
Councilmember Davis moved and Councilmember Fonnesbeck seconded to close the public hearing, which notion carried, all members voting aye.
Councilmember Whitehead felt that the Council needed to decide if this project was within their criteria as far as wanting development in this area. Councilmember Fonnesbeck indicated that in the past the Council has used the IRB as incentive for the type of development needed to benefit an area. She said that the middle avenues was the least likely area in the City that needed development. Councilmember Fonnesbeck reiterated that whether or not the proposed project would violate the letter of the agreement with LDS Hospital, it is perceived as violating the intent of the agreement. A report done by Aruthur Young and Associates recommended that the hospital move out of the avenues. She said that the neighborhood fought hard to get an agreement with LDS Hospital and in the agreement was the intent of no growth for 50 years. She reiterated that the Council has always advocated using IRB’s to promote specific kinds of positive growth in areas where the Council wants growth to occur. To say that the Council wants medical growth in the middle of the avenues is ridiculous. The project would require the demolition of three houses which is not a pro-neighborhood gesture.
Councilmember Fonnesbeck suggested that the old hospital be torn down so the proposed facility could be built in its place rather than demolishing houses. Councilmember DePaulis said that a similar situation occurred with an IRB request by Trolley Square. At that time he felt that it was unwise for the Council, via an IRB, to intrude between a neighborhood issue and a development issue. He felt that the proposed surgical center was the same situation. Councilmember Parker reiterated the possible benefit of the facility which would be lower medical costs. He suggested that this benefit could be explored further.
Councilmember Davis felt that she needed more time to review this issue and study the neighborhood contract. The neighborhood has given their interpretation of the contract but she felt that the hospital representatives needed to give the Council their interpretation. Councilmember Whitehead felt the question was how the Council wanted to use the IRB. He agreed that the facility would lower costs but the issue is if the Council wants this area developed. Councilmember Shearer said that hospitals are allowable under the IRB act and governmental units are encouraged to give these types of facilities preference so they will be in the community. She cited other medical facilities, such as Holy Cross Hospital, which had been given IRB’s.
Councilmember DePaulis said that the Holy Cross project was not an intrusion into the neighborhood surrounding the hospital. Councilmember Fonnesbeck felt that the neighborhood has done everything according to the agreement and the proposed project is being perceived as a violation. Councilmember Davis guessed that 90% of the residents in the avenues knew that LDS Hospital was there when they purchased their homes. The contingent problems such as traffic and expansion into the neighborhood are factors that have to be realized. She felt that sometimes the neighborhoods rule in situations of need.
Councilmember Fonnesbeck said that a surgical center was going to be opened four blocks away from the hospital. That center has received the certificate of Need and the building is already constructed, it just has to be remodeled. Councilmember Fonnesbeck agreed that people who purchased homes in the avenues knew about the hospital but there are people who bought homes three blocks away and are now living next to the hospital. Councilmember Mabey felt that the neighborhood had tried to establish trust with the hospital and this is important. Councilmember Parker felt that more time was needed to study this request. Councilmember Davis agreed.
Councilmember Fonnesbeck moved and Councilmember DePaulis seconded to deny the resolution authorizing and inducing the execution of a memorandum of agreement with Boyer Intermountain Surgical Associates for an Industrial Revenue Bond, which notion carried, all members voting aye except Councilmembers Parker, Davis and Shearer who voted nay.
(Q 83-22)
The meeting adjourned at 8:30 p.m.