PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, SEPTEMBER 6, 1983
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, SEPTEMBER 6, 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 PALMER DEPAULIS.
Council Chairman Grant Mabey presided at and conducted this meeting.
POLICY SESSION
Herschel Hester discussed Salt Lake City’s membership in the Utah League of Cities and Towns. Mr. Hester indicated that the league does not provide technical support to Salt Lake City, but rather provides assistance to the City in sponsoring legislation of interest to Salt Lake City and other large cities. The league attempts to protect, when it cannot enhance, the position of Salt Lake City. As examples of the league’s assistance to the City he listed the DUI legislation and Circuit Courts legislation passed this year. The league also acts as a clearinghouse for information for the City.
Councilmember Whitehead asked whether the City is getting enough service for the amount of money it pays each year. Councilmember Shearer said that the Council had not been involved enough with the league to fully understand its significance. She said that the league is becoming more responsive to City councils, which is evidenced by the by-law allowing optional cities to determine how delegates will be selected, and by the full day at the annual conference devoted to councils.
Mayor Wilson said that the critical contribution made by the league is good relations between Salt Lake City and other municipalities. Councilmember Davis expressed concern that the city’s lobbyist and the league were not always in agreement on issues before the State Legislature. The Mayor said that there are few cases where the City and the league are at cross purposes, but that coordination could be improved.
Councilmember DePaulis made a motion seconded by Councilmember Parker to initiate payment of the City’s dues for the 1983-84 year. The motion was approved unanimously. Paul Barber discussed the availability of land in Little Cottonwood Canyon. 500 acres of privately-owned property that should be incorporated into publicly-owned land for watershed is for sale, and the City is investigating options for acquisition of the property. Mr. Barber recommended that the City issue bond anticipation notes to purchase the land and then trade the land for other saleable surplus property to the Forest Service. The land the City receives in trade would he sold to pay the bonds while the land in Little Cottonwood Canyon would be managed by the Forest Service as watershed. Councilmember Davis asked whether a water rate increase would be necessary. Mr. Barber said that the only way an increase would be necessary would be to pay off the bonds if the land the City received could not be sold. He said that the City would have three years to obtain funds to pay off the notes before any rate increase would be necessary. Mr. Barber said that the Public Utilities Advisory Committee had appointed a subcommittee to review the proposal. The full committee will have a recommendation for the Council within two weeks.
Councilmember Fonnesbeck asked whether other entities would be involved in the land trade and acquisition. The Mayor said that the proposal was low in risk and that involving other entities would complicate the issue. Mr. Barber said if the City is able to accomplish the land trade a precedent would be set for future acquisition of sensitive property. Councilmember Davis suggested that the matter be referred to the Land Use Committee. Mr. Barber said that the administration wanted the Council to consider a bond resolution on September 20 and asked that he be able to meet with the committee prior to that time. He said that he would have the recommendation of the Public Utilities Advisory Board before meeting with the committee. Leigh von der Esch briefed the Council on items on their agenda and on other items of Council business.
The policy session adjourned at 5:55 p.m.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, SEPTEMBER 6, 1983, AT 6:00 P.M. IN ROOM 301 CITY AND COUNTY BUILDING.
ON ROLL CALL THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: RONALD J. WRITEHEAD ALICE SHEARER GRANT MABEY IONE M. DAVIS SYDNEY R. FONNESBECK EDWARD W. PARKER PALMER DEPAULIS.
Mayor Ted L. Wilson, Albert Haines, chief administrative officer, and Roger Cutler, city attorney, were present at the meeting.
Council Chairman Grant Mabey presided at and Councilmember Palmer DePaulis conducted the meeting.
Pledge of Allegiance.
Approval of Minutes:
Councilmember Whitehead moved and Councilmember Mabey seconded to approve the minutes, as corrected, of the regular meeting of the Salt Lake City Council for the meeting held Tuesday, August 9, 1983, and to approve the minutes, as corrected, for the meeting held Thursday, August ii, 1983, which motion carried, all members present voting aye.
(M 83-1)
Special Presentation:
The report entitled “Preservation/Development Strategies for Salt Lake City” was presented to the Council. John Hiskey, executive assistant to the Mayor, served as co-chairman on this study. Mr. Hiskey said that significant credit was due Roger Boyer, chairman of the task force, for the success of the study. Mr. Boyer spearheaded the efforts to raise funds from the community to meet the matching grant from the National Trust for Historic Preservation. Mr. Boyer was also dedicated in developing a process and a format that can serve as a prototype for the furtherance of the recommendations of the study as well as endeavors in other areas undertaken by the City.
Mr. Hiskey said that the task force effort included developers, land owners, government officials, preservationists, and a consultant. The proposals developed represent compromise and consensus on affirmative measures to integrate preservation concerns and preservation rights in terms of the development and evolution of the downtown area. Roger Boyer said that this study began a year ago and was an attempt to look at the maximum development potential of the downtown area as it related to historical buildings and new development.
Mr. Boyer said that the task force looked at an 18-block downtown area, the central business district. Their responsibility was to examine the development potential of this area and coordinate development potential to be consistent with the values of preservation. He then briefly outlined the report which describes in detail a list of historical significant buildings and a list of goals. This report is on file in the Office of the City Recorder.
Mr. Boyer said that the task force was favorable towards using incentives to encourage development and preservation. Two economic incentives include deferral of the increase in property taxes due on rehabilitation of property and credit enhancement of Industrial Revenue Bonds for the acquisition and rehabilitation of architecturally or historically significant buildings.
Mr. Boyer said that the report includes specific guidelines for development on Main Street. The establishment of a compatibility review overlay zone in the project area is also recommended. Mr. Boyer said that the City should receive the plan and proposal given in the report and also appoint an ongoing preservation and development group. In conclusion Mr. Boyer said that the report contains various case studies showing how development of this type can be profitable and economically feasible for developers.
Councilmember Shearer asked if the deferral of increased property taxes would require a constitutional amendment. Mr. Boyer indicated that a constitutional amendment would be needed. Mayor Wilson thanked Mr. Boyer, the members of the task force, the Trust, the staff, and everyone who worked on this project. He said that this was a good start and he was pleased that there was a balance between development interests and historical interests and that meaningful suggestions had been made about how those areas can be conciliated. Robertson Collins, trustee emeritus of the National Trust for Historical Preservation, said that this was a distinguished report and he commended the task force. Mr. Collins said that this report will be valuable to Salt Lake City and will also be valuable to the nation.
Mr. Collins said that Oregon has had tax incentives for historic properties for nine years and it has had a positive impact. William Fraizer, director of the western regional office of the National Trust for Historical Preservation, encouraged the formation of the preservation and development group in the future. Mr. Fraizer offered assistance from his office to Salt Lake City.
Councilmember DePaulis moved and Councilmember Fonnesbeck seconded to receive the study and direct the Mayor to appoint a preservation development committee to implement the findings of the task force and continue the study, which motion carried, all members voting aye
(T 83-21)
PETITIONS
Petition 73 of 1982 submitted by Sven Nilsson.
RE: Mr. Nilsson is requesting Salt Lake City to close a portion of West Capitol Street and to vacate a portion of two alleys running between West Capitol Street and Victory Road, north of Clinton Avenue.
RECOMMENDATION: That the City Council hold a public hearing to discuss this request.
FUNDS: Mr. Nilsson has paid the required $35 advertising fee.
DISCUSSION: The petition has been reviewed by the City Engineer, Property Manager, Public Utilities, Fire Department, Planning Commission and the Law Department. The departments have recommended that the petitioner’s request for the vacation of the two alleys running between West Capitol Street and Victory Road, north of Clinton Avenue be granted excluding the portions of the alley system which are within the Victory Road right-of-way and within City-owned property. The departments have further recommended that no portion of West Capitol Street be closed as it may be needed for future development in the area.
Councilmember Shearer moved and Councilmember Whitehead seconded to schedule a public hearing for Tuesday, October 18, 1983 at 6:15 p.m. to discuss Petition 73 of 1982, which motion carried, all members voting aye.
(P 83-470)
Petition 232 of 1982 submitted by Monroc, Inc.
RE: Vacating the remainder of the streets and alleys of the Folsom Addition Subdivision in Salt Lake City.
RECOMMENDATION: That the Council adopt the ordinance effectuating this request.
DISCUSSION: Pursuant to the Council’s directive of July 12, 1983, the Attorney’s Office prepared an ordinance providing for the vacating of the remaining streets and alleys located within the Folsom Addition Subdivision.
Councilmember Shearer moved and Councilmember Whitehead seconded to adopt Ordinance 59 of 1983, vacating the remainder of the streets and alleys of the Folsom Addition Subdivision in Salt Lake City, which motion carried, all members voting aye.
(P 83-263)
Petition 313 of 1982 submitted by Union Pacific Railroad.
RE: Closing 200 North between 400 and 500 West Streets.
RECOMMENDATION: That the Salt Lake City Council approve an ordinance provided by the City Attorney allowing for closure of 200 North between 400 and 500 West Streets, under certain conditions as outlined in the ordinance and detailed in a cover letter dated August 29, 1983, submitted by Paul Maughan from the attorney’s office.
FUNDS: Union Pacific Railroad will pay Salt Lake City’s 10% local match of approximately $55,000, as a condition of the closure.
DISCUSSION: The ordinance is the culmination of years of discussions over the problems of the 300 North crossing between 400 and 500 West Streets. The agreement provides the mechanism for the railroad, through a federal grant, to retire 14 tracks and upgrade the crossings at 300 North and 400 North. Roger Cutler, city attorney, said that the ordinance will not take effect until certain conditions have been satisfied. Union Pacific wants to include in the conditions that they will be given reasonable notice if the utilities plan to make improvements in the right of way. Mr. Cutler said that Union Pacific wants the ordinance to be passed but if a mutually agreeable modification is reached the ordinance may be brought back before the Council.
Councilmember Whitehead moved and Councilmember Mabey seconded to adopt Ordinance 60 of 1983, closing a portion of 200 North Street from approximately 500 West, proceeding eastward along the southern boundary of said street for approximately 495 feet; said point being approximately 165 feet west of 400 West in Salt Lake City, which motion carried, all members voting aye.
(P 82-358)
Petition 324 of 1982 submitted by Patric McGarvey.
RE: The petitioner is requesting that the alley located between 400 and 500 East and 1700 South and Blame Avenue be vacated.
RECOMMENDATION: That the City Council hold a public hearing to discuss this request.
FUNDS: Mr. McGarvey has paid the $35 advertising fee.
DISCUSSION: Mr. McGarvey has requested the public hearing to appeal the administrative denial of his petition. The petition has been reviewed by the Planning Commission, Real Property Manager, Fire, Transportation, and Engineering. Transportation recommended that the petition be granted subject to arrangements for access to off-street parking for the five homes on the alley with garages and parking facilities. At present their only access is off the alley. Public Utilities recommended that the petition be denied until all homes abutting the alley have their service lines brought to the front of their property for reconnection to the existing main on 1700 South and Blaine Avenue.
Inasmuch as the petition does not represent 100% of the property owners and due to the recommendations from the departments, the petition was denied. Should the Council decide to grant this petition, the Council should take note of the letter from David Hales, fixed asset control supervisor, concerning compensation from commercial property owners. One of the property owners on this alley is American Oil Company.
Councilmember Shearer moved and Councilmember Whitehead seconded to schedule a public hearing for Tuesday, October 18, 1983 at 6:45 p.m. to discuss Petition 324 of 1982, which motion carried, all members voting aye.
(P 83-471)
Petition 400-37 of 1983 submitted by Kevin Nelson, et al.
RE: Vacating an alley located between 500 North and Ouray Avenue and between Colorado Street and 1300 West, except the northern 55 feet of the alley, in Salt Lake City, Utah.
RECOMMENDATION: That the Council adopt the ordinance effectuating this request.
DISCUSSION: Pursuant to the Council’s directive of July 12, 1983, the attorney’s office has prepared an ordinance providing for the vacation of a portion of an alley located within the Oakley Subdivision.
Councilmember Shearer moved and Councilmember Whitehead seconded to adopt Ordinance 61 of 1983, vacating an alley located between 500 North and Ouray Avenue and between Colorado Street and 1300 West, except the northern 55 feet of the alley, in Salt Lake City, Utah, which motion carried, all members voting aye.
(P 83-326
Petition 400-41 of 1983 submitted by Highland Golf and Equipment.
RE: Rezoning the southeast corner of Redwood Road and 500 South from “R-6” and “B-3” to “C-1”.
RECOMMENDATION: That the Council adopt an ordinance effectuating this request.
DISCUSSION: Pursuant to Council directive and actions taken on August 2, 1983, an ordinance has been prepared to effectuate the rezoning of the southeast corner of Redwood Road and 5th South to “C-1”.
Councilmember Shearer moved and Councilmember Whitehead seconded to adopt Ordinance 62 of 1983, amending Section 51-12-2 of the Revised Ordinances of Salt Lake City, Utah, by rezoning the southeast corner of Redwood Road and 500 South from “R-6” and “B-3” zone to “C-1” use districts, which motion carried, all members voting aye.
(P 83-312)
Petition 400-45 of 1983 submitted by Linda Tracy and Bob Lowe.
RE: Rezoning area between 900-1700 North and Redwood Road to I-215 from “R-6” to “R-2A”.
RECOMMENDATION: That the Council adopt the ordinance effectuating this request.
DISCUSSION: Pursuant to the Council’s request of July 18, 1983, the attorney’s office has prepared an ordinance providing for the rezoning of the property located between 900-1700 North from Redwood to 1-215 from an “R-6” to an “R-2A” classification. Jack Ellefsen, property owner within the area, said that neither he nor Leo Slowikowski, also a property owner within the area, had received notices regarding the public hearings held to discuss the rezoning of this area. Mr. Ellefsen said that he and Mr. Slowikowski both wanted their property excluded from the rezoning since they had submitted development plans for City approval prior to the submission of the petition requesting the zoning change.
Mr. Ellefsen said that the lots are fully developed having drive approaches in place as well as sewer, water and all improvements required for a dedicated street. Completion of the planned construction has been delayed because of high interest rates. Mr. Ellefsen said that he has constructed other multiple-residential housing in this area and felt that his developments have been an improvement. Mr. Ellefsen said that his property and Mr. Slowikowski’s property is in a subdivision that has been in existence for 20 years. Both pieces of property total about three acres. Mr. Ellefsen felt that the petitioners’ intent was not to stop his project but to restrict an excessive amount of “R-6” zoning. Councilmember Whitehead said that the rezoning had previously been approved and the ordinance before the Council would effectuate the rezoning of the area. He said that the question which needed to be addressed was if Mr. Ellefsen’s property was subject to the rezoning since he had previously submitted plans to the City concerning the development of his property. Councilmember Whitehead felt that the intent of the Community Council was to rezone all the vacant land which has not been developed to insure that it would not be developed under “R-6” zoning in order to avoid numerous massive housing units.
Roger Cutler, city attorney, said that the question in this case is whether or not Mr. Ellefsen has a vested right. If he has a valid building permit his property will probably not be affected. There may be some question whether or not he is vested if only a plan has been submitted.
Councilmember Shearer moved and Councilmember Whitehead seconded to refer the ordinance rezoning the area between 900-1700 North and Redwood Road to I-215 back to the Planning Department for a recommendation and not consider the finalization of the ordinance until the Council has received a recommendation from the Planning Department, which motion carried, all members voting aye.
(P 83-313)
Petition 400-86 of 1983 submitted by Oquirrh/Ensign Associates.
RE: The petitioners are requesting that the property located between 9th and 10th Avenue and “E” and “F” Streets he rezoned from Residential “R-2” to a Residential “R-2A” classification.
RECOMMENDATION: That the City Council hold a public hearing to discuss the request.
FUNDS: The petitioner will be required to pay a $50 advertising fee.
DISCUSSION: The Planning Commission has reviewed this petition and has recommended that the property zoning be changed to the “R-2A” classification. It should be noted that the Planning Commission is recommending the zoning change but they are not approving the plans submitted by the petitioner. Under the terms of the ordinance a specific plan must be approved by the Planning Commission and the Board of Adjustment in separate hearings after the property is properly rezoned.
The Planning Commission feels that the latest plan submitted is proper in concept but they feel the density should be reduced to not over 14 1/2 units per acre which would reduce the number of units on this block to 29. The concept of townhouses facing 10th Avenue should be modified by breaking these into more than one structure.
Councilmember Shearer moved and Councilmember Whitehead seconded to schedule a public hearing for Tuesday, September 20, 1983 at 6:30 p.m. to discuss Petition 400-86 of 1983, which motion carried, all members voting aye.
(P 83-472)
DEPARTMENTAL BUSINESS
CITY COUNCIL
#1. RE: Rescinding Resolution 52 of 1983, Emergency Declaration and Expenditure Resolution.
Councilmember Shearer said that the emergency was now over and it would be appropriate to rescind this resolution.
Councilmember Shearer moved and Councilmember Mabey seconded to rescind Resolution 52 of 1983, Emergency Declaration and Expenditure Resolution, which motion carried, all members voting aye.
(R 83-12)
DEVELOPMENT SERVICES
#1. RE: Proposed ordinance allowing residential units as conditional use in “M-l” zones.
RECOMMENDATION: That the City Council hold a public hearing to discuss the proposed ordinance.
DISCUSSION: After reviewing the proposed redevelopment proposals by Artspace the Planning Commission noted a conflict in the zoning ordinances regarding apartment houses in “M-1” zones. Half of the Artspace property is zoned “C-3” which permits apartments but the west half is in an M-l” zone where motels are allowed but not apartments. Rather than rezone this property, the Planning Commission felt it would be better to allow apartments as a conditional use if it is part of a planned mixed-use development and where it can be shown that the proposed residential use is in keeping with the overall plan of the area.
This would allow the Planning Commission to deal with each case on an individual basis. Another problem that has arisen is that motels are permitted in an “M-l” zone, but if the motel has a kitchen it becomes an apartment by definition. This ordinance will also correct this problem.
Councilmember Shearer moved and Councilmember Whitehead seconded to schedule a public hearing for Tuesday, September 20, 1983, at 6:15 p.m. to discuss an ordinance amending Sections 51-25-1 and 51-25-2 of the Revised Ordinances which would allow residential units as conditional uses in “M-1” zones if approved by the Planning Commission, which motion carried, all members voting aye.
(O 83-36)
#2. RE: El Centro Civico project budget revision.
RECOMMENDATION: That the Salt Lake City Council approve a $16,000 increase to the 8th Year CDBG El Centro Civico project budget, augmenting it from $10,000 to $26,000.
FUNDS: Sufficient funds are available in 8th Year CDBG Operating Fund Contingency.
DISCUSSION: This subject was discussed with the Council at its meeting on August 11, 1983. Since that time El Centro Civico personnel have developed additional information which will further explain the change in the nature of the project. Administrative support is eligible for a public service program under HUD guidelines, however, acquiring capital assets for the program is not. The program will be subject to both City and HUD audits. El Centro’s programs will be geared to fill gaps in existing social, cultural and recreational services on the west side of the City. It is requested that the Council approve the change of the El Centro project from construction to administrative assistance and the increase in funding level.
Craig Peterson, director of development services, said that there had been a misunderstanding between development services and El Centro Civico about what should have been submitted to the City in order to comply with the City Council’s intent last year. When this problem was realized, plans were immediately submitted for the entire structure. Minor corrections were suggested to the plan and with the exception of these additions the building is in compliance. The El Centro Civico project is in compliance with the request of the City Council.
Mr. Peterson mentioned that Police Chief Willoughby has proposed a public/private partnership whereby the private sector would become involved in funding the building as opposed to the original proposal where the City would totally fund the structure. Mr. Peterson felt that this program has merit and the Police Department would be the project manager insuring that the funds are spent appropriately. Mr. Peterson said that traditionally these types of community service centers have been funded from CDBG money and it is felt that this expenditure would be a good use of funds.
Councilmember Shearer referred to HUD guidelines which indicate that administrative support is eligible, however, acquiring capital assets is not eligible. Mr. Peterson said that at one time equipment such as typewriters, office supplies, dictating equipment, and copying machines could be purchased but now this equipment has to be leased. Police Chief Willoughby expressed his support for this project. He said that he is the honorary chairman for raising funds and so far two corporations have indicated that they will give sizeable donations to this project. Chief Willoughby said that the program will be an asset to the community. John Florez indicated that the El Centro project will enrich the Mexican heritage and culture and he urged the Council to support this request. Mayor Wilson also voiced his support for this project. Dr. Orlando Rivera said that there are many people willing to improve the west side area of the City. He felt that the El Centro project would benefit this area. Dr. Rivera said that not only would cultural events take place at the center but hopefully there will be projects to train people for better jobs, help the people learn English, and involve the youth in activities that will improve their lives. He said that the activities are not being limited to Mexican-American or Hispanic people, they wanted to see a facility that will serve the entire community.
Dr. Rivera concluded by saying that the community supports this project and encourages others’ support for this project. Robert Archuleta reiterated previous comments about the need for this project and he voiced his support. Mr. Archuleta also mentioned several other organizations which agree that the El Centro project is needed. These include SOCIO, Utah Rural Development Corporation, Crossroads Urban Center, Utah Emigration Project, American G.I. Forum, and the Mexican Civic Center. Richard Trejo, the Governor’s director of Hispanic affairs for the State of Utah, also reiterated previous comments and voiced his support for the project. He said that the needs of the Hispanic community will be met with the influx of this money.
Councilmember Davis asked if the project would require ongoing appropriations each budget year. Mr. Peterson said that there would probably be funding proposals for additional programs but Mr. Peterson anticipated that this year a strong financial commitment would emerge from the private sector. The administration may recommend in the next year, based upon private commitment, additional CDBG funding towards construction of the project. Councilmember Fonnesbeck asked about the disposition of the $10,000 appropriation. Mr. Peterson said that the money has not yet been drawn down from Washington but a construction permit can be issued with the three or four minor changes which need to be made.
Councilmember Parker asked about the relationship of the $26,000 and the private funding plan. Mr. Peterson said that the intent of the $26,000 is a leverage whereby the Council expects a development strategy, long-term funding strategy, and substantial private interest in this project. The original proposal was 100% funding by the City for the construction of the building. Mr. Peterson said that the El Centro group has tried to maintain their independence and would rather use private sector funds as opposed to public money but they are asking for the public funds to get the project started. He said that the more private money raised, the less public money will be requested.
Councilmember Whitehead moved and Councilmember Parker seconded to approve a $16,000 increase to the 8th Year CDBG El Centro Civico project budget, augmenting it from $10,000 to $26,000, which motion carried, all members voting aye.
(T 83-2)
FINANCE AND ADMINISTRATIVE SERVICES
#1. RE: Industrial Revenue Bond application by James R. Savage.
RECOMMENDATION: That the City Council set a public hearing to consider an inducement resolution for an Industrial Revenue Bond for James R. Savage in the amount of $5,000,000 subject to the following conditions: That the City Attorney approve the resolution as to form, that the application meet all necessary financial requirements of the City, that James R. Savage pay the established non-refundable fee for processing.
DISCUSSION: The proposed Industrial Revenue Bond is to finance the acquisition of approximately 3.167 acres of real property within the Salt Lake International Center and the construction of a structure to be used as a facility for the manufacturing of high technology electronic circuit boards and the performance of related services. The application has been reviewed by the Planning and Zoning Commission.
Councilmember Shearer moved and Councilmember Whitehead seconded to schedule a public hearing for Tuesday, September 13, 1983, at 6:00 p.m. to consider the issuance of Industrial Development Revenue bonds to James R. Savage, and to refer the request to Budget, Finance and Administration Committee for Thursday, September 8, 1983, which motion carried, all members voting aye.
(Q 83-21)
#2. RE: Industrial Revenue Bond application by Boyer Intermountain Surgical Associates.
RECOMMENDATION: That the City Council set a public hearing to consider an Inducement resolution for an Industrial Revenue Bond for Boyer Medical/Surgical Associates in the amount of $2,500,000 subject to the following conditions: That the City Attorney approve the resolution as to form, that the application meet all necessary financial requirements of the city, that Boyer Medical/Surgical Associates pay the established non-refundable fee for processing.
DISCUSSION: The proposed Industrial Revenue Bond is for the 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. One floor will be dedicated to ambulatory surgical procedures which would allow patients to have these services at a lower price than in a hospital setting. The application has been submitted to the Planning and Zoning Department.
Councilmember Shearer moved and Councilmember Whitehead seconded to schedule a public hearing for Tuesday, September 20, 1983 at 6:45 p.m. to discuss issuance of Industrial Revenue Bonds for Boyer Intermountain Surgical Associates, and refer the request to Budget, Finance and Administration for Thursday, September 15, 1983, which motion carried, all members voting aye.
(Q 83-22)
#3. RE: Salt Lake City, Utah, Adjustable Rate Pollution Control Revenue Bonds, Amoco Project, Series 1983. This item was pulled by the Council and no action was taken at this time.
(Q 83-9)
OFFICE OF THE MAYOR
#1. RE: Civil Service Commission.
RECOMMENDATION: Appoint Patricia Freston to the Civil Service Commission.
DISCUSSION: There is presently a vacancy on the Civil Service Commission caused by the resignation of Margaret Boevers. It is recommended that Patricia Freston be appointed to fill that vacancy. Ms. Preston is manager of personnel services for Mountain Fuel Supply Company and has a Ph.D. in industrial psychology. John Florez, chairman of the Civil Service Commission, expressed his approval of this appointment. Councilmember DePaulis referred Patricia Preston’s appointment to the Civil Service Commission to the consent agenda for September 13, 1983; referred without objection.
(I 83-20)
#2. RE Planning and Zoning Commission.
RECOMMENDATION: Appoint George Nicolatus and reappoint Keith Stepan, I.J. Wagner, and Herman Hogensen to the Planning and Zoning Commission.
DISCUSSION: There are presently four vacancies on the Planning and Zoning Commission caused by the resignation of Elizabeth Burns and the expiration of the terms of Keith Stepan, Izzy Wagner and Herman Hogensen. It is recommended that George Nicolatus be appointed to complete the term of Elizabeth Burns, and that Keith Stephan, Izzy Wagner and Herman Hogensen be reappointed to complete terms. Councilmember Fonnesbeck said that shortly after the Council took office an ordinance was passed limiting the terms of Planning and Zoning Commission members.
This was done because it was felt that the Planning and Zoning Commission was a powerful body made up of appointments rather than elected officials and had a lot to do with the future and power within the City. The Council felt that limiting the terms would guarantee turnover in those seats so there would be fresh ideas and new people. Ms. Fonnesbeck said it was suggested at that time to limit people to two terms but the ordinance is written in a way which allows a person to he reappointed if their terms are interrupted. Councilmember Fonnesbeck said that she appreciated all the work Mr. Wagner has done but he has served almost 20 years on the Planning and Zoning Commission. He does not violate the letter of the law but she felt that his appointment violates the spirit of the law. Councilmember Fonnesbeck said that she was not asking the Council to vote against this appointment but she felt that the law needs to be changed or modified or at least the Council needs to reconsider this law.
Councilmember Fonnesbeck moved and Councilmember Mabey seconded to approve the appointment of George Nicolatus and the reappointment of Keith Stepan, I.J. Wagner, and Herman Hogensen to the Planning and Zoning Commission, which motion carried, all members voting aye.
(I 83-19)
PUBLIC WORKS
#1. RE: Bids for construction of 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.
Mr. Albert Haines, chief administrative officer, opened and read the bids submitted for the construction of Sugarhouse Business District Beautification. The bid information is on file in the Office of the City Recorder. Mr. Haines recommended that the bids be referred to the engineering department.
Councilmember Shearer moved and Councilmember Parker seconded to refer the bids for Curb and Gutter Extension 38-708 to the City Engineer for tabulation and recommendation, which motion carried, all members voting aye except Councilmembers Fonnesheck and DePaulis who were absent when the vote was taken.
(Q 83-3)
Petition 400-90 of 1983 submitted by Salt Lake City Corporation.
RE: A request that property located at 1700 South and 1200 West (Wild Wave Pool be rezoned from “R-2” to "C-3A” classification.
A public hearing was held at 6:15 p.m. to consider the rezoning request and hear comments relating to the proposed water theme park. Vernon Jorgensen, planning director, outlined the area on a map. The area is approximately 17 acres of property on the south side of 1700 South running from the Jordan River west approximately 1,170 feet then south to the railroad tracks. The area directly east is zoned “M-lA”, the property to the south and to the west is part of the golf course and the recreational facility, most of the land to the north, across the street, is occupied by other recreational activities and west of that property is single-family dwellings. Mr. Jorgensen said that the Planning Commission considered the request in an Informal hearing and their recommendation was that the area be rezoned to “C-3A” to allow for the recreational facilities proposed by the City. The Planning Commission also had several recommendations to be considered in the contract if the area is rezoned. Basically these are that the effective date of the rezoning be the actual date when the contract is signed, assurance by the City that if for some reason the facility does not develop the property will not be used for other commercial uses but will revert back to a park status, and adherence to City regulations, noise containment, security operations, limitation of alcohol, proper maintenance, continuance of the facility to operate on a similar basis as the Wild Wave now operates, and neighborhood input into the design. With these stipulations the Planning Commission recommended the zoning change.
Albert Haines, chief administrative officer, reiterated that the primary issue is a proposal to change the zoning of the area in order to provide for the construction of a water-theme park to enhance and complement the existing wave pool. Mr. Haines said that last year the Council requested the Administration to review the wave pool operation and determine if there were alternatives available regarding that operation. An alternative presented by the Administration was a proposal to expand the wave pool to a water-theme park.
Mr. Haines said it was decided that the City should not be involved in this type of facility as either a developer or operator and proceeded to make a request for proposals for this project. A tentative selection of Bryant L. Morris Development Company has been made. The selection committee was impressed with the strength of the firm, their attention to quality, and their sensitivity to the needs of the community. It has been determined that the project is cost effective and it is entirely free of public participation, there are no incentives involved.
Mr. Haines said that after the rezoning hearing the next three steps will include amending the lease agreement for the land, negotiating the contract, and beginning construction of the project hopefully in the fall. Mr. Haines expressed the opinion that this project would expand the tax base appreciably since there will be approximately $6,000,000 of new money coming into Salt Lake City. New jobs and other opportunities will also be created as result of this facility. He felt that there is a good probability, based on negotiations and feasibility studies, that Salt Lake City will see new recreation revenues returned to the City’s general fund.
David Freed, 339 Crestline Circle, distributed a written statement to the Council which he read on behalf of himself, Lagoon, and other water park operators. A copy of this statement is on file in the Office of the City Recorder. Mr. Freed expressed his opposition to the proposed water-theme park. He felt that the City was placing unfair competition on private industry and that the water-theme park would over saturate the market. He said that according to independent research sources the Wasatch Front is already past the point of saturation with water facilities. Mr. Freed felt that the City has not been successful in operating the wave pool and cited figures indicating that money has been lost on its operation. He also questioned if a need existed for this facility or if the City was creating a need. Mr. Freed mentioned community impacts such as traffic, noise, parking, security, and alcoholic beverages and asked how the City is prepared to handle these areas. In conclusion Mr. Freed urged the Council to deny the requested rezoning. Gary Hicks, 1560 W. 500 North, said that he has a masters degree in recreation education and expressed his support for the zoning change and the project. He said that the facility would create more jobs for young people and he is in favor of any kind of recreation. Mr. Hicks believed that more recreational facilities are needed in Salt Lake so that families will stay together.
Beverly Peck, physical environment chairman of the Westside Community Council, said that she understood that the water-theme park would be leased from Salt Lake City to a private developer. She felt that Salt Lake City is not saturated with recreational facilities since present facilities are located 25 to 30 miles away. Ms. Peck said that the water-theme park would fill the recreational needs for family recreational facilities. Concerns expressed by the Westside Community Council area included traffic, parking, noise, impact on the neighborhood, and cost of using the facility.
After talking with the developer and representatives from Salt Lake, the neighborhood felt that the needs could be planned for and controlled. Ms. Peck said she was impressed with the workmanship of the developer and his willingness to work with the neighborhood council. On behalf of the Community Council Ms. Peck said they feel there is need in Salt Lake City for recreational facilities and this facility will be advantageous to the west side neighborhood as well as to the entire City of Salt Lake. The Community Council is in favor of the proposal.
Scott Henderson, 1577 Glen Arbor, said that his family has been involved in the recreational business and operates several water slides. Mr. Henderson felt that a mistake was made when the wild wave pool was constructed and he felt that government should not pose unfair competition to private enterprise. Mr. Henderson said that Ogden allowed a developer to operate a water slide which did not last one year. He hoped that the proposed water-theme park would not have the same fate.
Councilmember Whitehead said that no incentives were being offered to the developer to do this project. The developer could construct the same facility anywhere that had proper zoning. Mr. Henderson felt that the developer would not have been interested in developing a recreational facility in Salt Lake City if the City had not promoted the idea. Councilmember Whitehead felt that it was not wrong for the City to promote business in Salt Lake City and indicated that Salt Lake should not be denied a facility because it would compete with Ogden and Orem. He also felt that the developer will consider this project closely before it is built and will not invest his money unless he feels the project will succeed. Mayor Wilson felt that the proposed facility would complement existing recreational facilities and would not detract from them but would stimulate public interest In recreation. The Mayor said that in terms of large-theme opportunities Salt Lake does not have a facility within City limits. He felt that it would improve the City and give families a place to go for recreation. Mayor Wilson felt that this proposed facility would also renew the neighborhood and the City has a philosophy to stimulate areas that have been depleted or run down. Mayor Wilson said that the bid for the project was open to everyone and local developers were encouraged to submit a bid.
Mayor Wilson said that this project would be a tremendous addition to the City by making it a better place to live and giving families good recreation. Mayor Wilson supported the proposed rezoning.
Councilmember Whitehead moved and Councilmember Parker seconded to close the public hearing, which motion carried, all members voting aye. Councilmember Whitehead indicated that when the project was first presented his concern was that the City not pose unfair competition by offering incentives. He did not think that the City was being unfair to private enterprise by allowing the theme-park to be constructed by a developer. Councilmember Shearer asked about the financial aspects of the contract negotiations. Mr. Haines presented information based on conditions set forth in the request for proposal.
Those conditions are being negotiated through the contract and the sensitive issues of contract negotiations have been withheld pending the rezoning decision. The City has committed to the terms of the request for proposal which state the intent of the City. Mr. Haines distributed an information sheet entitled “Comparison of Lease Return to Fair Market Value”. This information is on file in the Office of the City Recorder. Based on the analysis of the figures outlined in this comparison Mr. Haines said that there is not only a rate of return that meets the investment to the City but it exceeds the investment.
Councilmember Shearer asked what was included in the investment to the City. Mr. Haines said it included the current facility at its current value and not the construction cost. Councilmember Davis asked how much weight was given to the weather in deriving the figures presented in the comparison. Mr. Haines said that weather considerations were incorporated into the feasibility study but season is less critical than the mood of the people, such as when school begins and ends.
Councilmember Shearer asked about the assessed value of the property. Mr. Haines said it would be based on market value and it would increase as more improvements are made. Mr. Haines said that in-house appraisals have been done on this property. Councilmember Davis suggested that an outside appraiser should also appraise the property. Councilmember Shearer asked if the county had agreed to change the lease on the property. Mayor Wilson said that a decision has not been made at this point but the discussion is amiable. Councilmember Mabey asked if the Council would be given a copy of the lease for review before it is signed. He wanted to assure fairness to the private sector. Mr. lames indicated that the Council could have a copy of the lease before it is signed. Councilmember Parker was favorable to the park and its potential to be of great value but he was not satisfied that there is enough population along the Wasatch Front to support a large water-theme park. He said that the loan on the wave pool has not been paid and it was thought that the wave pool would make a great deal of money.
Mr. Haines said that the decision as to whether or not this area, market wise, can support a large water facility is a private-sector decision. The developer is 100% at risk and there are stipulations being placed on the developer to make that assurance. Mr. Flames said that the developer is willing to make a sizeable investment in the Salt Lake City market and not only is their funding at risk but also their name and reputation. Several of the developers who submitted proposals were interested in the Salt Lake City market prior to the city’s request. Mr. Haines said that Bryant Morris made a personal financial outlay to study the marketability of the project. He also said that cities smaller than Salt Lake have similar facilities.
Councilmember Shearer asked for the differences between the request for proposal and the contract. Mr. Haines said that the contract does not include Industrial Revenue Bonding, UDAC assistance, or any public financing incentive. The City is prepared to stipulate, and Bryant Morris has agreed, that as a condition of the zone change the Planning Commission recommendations be incorporated into the contract. Councilmember Mabey said that to avoid having cars parked along the street and in the neighborhood it was requested that parking be free. Mr. Vernon Jorgensen reiterated that the rezoning would not be effective until the contract is signed so that these types of details can be negotiated and reviewed.
Councilmember Davis expressed concern about the outstanding loan on the wave pool. Mayor Wilson indicated that the retirement of that loan was included in the comparison information which was presented by Mr. Haines. Mayor Wilson said that he planned to show the Council the contract before it is signed. Councilmember Shearer said she understood that there was a legal opinion that the zoning did not need to be changed since it is a City facility. Roger Cutler, city attorney, said it was his recommendation that conflict be avoided and the issue not be left open to questions.
Councilmember Davis felt that the vote should be postponed until the Council had more information about the negotiations. Mayor Wilson reiterated that the stipulation was placed in the ordinance so that the zoning would not change until the contract was signed and he would not sign the contract until it was reviewed by the Council.
Councilmember Whitehead moved and Councilmember Mabey seconded to rezone the property as requested in Petition 400-90 of 1983 from “R-2” to “C-3A” effective upon the successful negotiation of a contract. Councilmember Shearer amended the motion to include the conditions as recommended by the Planning Commission: 1. That the lease agreement with whoever develops the property include provisions that will ensure the neighborhood that the land will be used only for the type of water-theme park as outlined by the City and that if, in the future, this type of project should fail, the City would then support the request of rezoning back to residential to protect the neighborhood from any possibility that recreational land would at some time in the future be sold for conventional-type commercial development.
2. That through the design of the facility attention be given to reducing potential noise such as requiring berms and whatever other design features are needed to reduce noise and to make certain that the noise ordinances are observed. 3. That adequate provision be made to handle parking so that all parking will be handled off-street and not on 17th South or into the adjoining residential areas. 4. That adequate security facilities are made. 5. That no alcoholic beverages would be allowed or sold on the premises so the area is conducted in the same manner as other City parks. 6. That the property be properly maintained and kept free from litter. 7. That whoever is the lessee of the property, they commit themselves to work with the neighborhood with the object that the families in the area will continue to use this area as a neighborhood park as they have in the past.
8. That the neighborhood be given input into the design and operation of the facility. Councilmember Whitehead accepted the amendment to the motion.
Councilmember Whitehead moved and Councilmember Mabey seconded to rezone the property as requested in Petition 400-90 of 1983 from “R-2” to “C-3A” with the conditions as recommended by the Planning Commission, which motion carried, all members voting aye. Councilmember Davis indicated that she voted in favor of the rezoning with the understanding that the Council would have an opportunity to review the contract. Mayor Wilson reiterated that he would deliver the contract unsigned to the Council for their review.
(P 83-429)
CITIZEN COMMENTS
Three citizens were scheduled on the agenda to speak before the Council but they were not present when called upon to address the Council.
The meeting adjourned at 9:00 p.m.