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04/13/1993 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 13, 1993 The City Council of Salt Lake City, Utah met in Regular Session on Tuesday, April 13, 1993, at 5:00 p.m. in Room 315, City County Building, 451 South State Street. The following Council Members were present: Paul Hutchison Nancy Pace Alan Hardman Roselyn Kirk Don Hale Tom Godfrey Ron Whitehead Roger Black, Director of Management Services; Roger Cutler, City Attorney; William D. Oswald, Legal Council for RDA, Alice Steiner, Director Redevelopment Agency; Robert L. Springmeyer, President Bonneville Research; Rick Graham, Acting Director Parks Department; S . R. Kivett, Chief Deputy Recorder and Bonnie Ferrin, Deputy Recorder were present. Council Chair Kirk presided at and Councilmember Whitehead conducted the meeting. PUBLIC HEARING of the Utah Neighborhood Development Act, entitled #1. RE: A joint public "Joint Statement at Public hearing with the Redevelopment Hearing" (refer to file M 93-7 Agency (RDA) concerning the for all referenced documents to "Salt Lake City Baseball be entered into the minutes) . Stadium Neighborhood Develop- Mr. Oswald said that, per this ment Plan" dated March 12, statement, he was also provid- 1993. ing the requested documents entailed therein to be entered CITY COUNCIL ACTION: into the minutes . Councilmember Godfrey moved and Councilmember Hardman seconded Mr. Oswald said a copy of to open the public hearing, the plan entitled "Salt Lake which motion carried, all Baseball Stadium Redevelopment members voted aye. Plan" had been given to each member of the Council and had RDA BOARD ACTION: been available for public Councilmember Godfrey moved and inspection since March 12, Councilmember Pace seconded to 1993 . He said copies were open the public hearing, which available for the audience to motion carried, all members review. voted aye. Mr. Oswald said three William D. Oswald, Legal documents would be discussed. Council for the RDA, provided He said the first document was the attached statement in entitled "Salt Lake City accordance with Section 12 . 22 Baseball Stadium Neighborhood 93 - 138 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 13, 1993 Development Plan" , dated March Mr. Oswald said that Mr. 12, 1993 . He said this was a Springmeyer was asked and preliminary plan, and changes retained as a private, indepen- could be made within the plan dent consultant, to look at an during the course or after the area within the geographic area public hearing. He said the of Salt Lake City to determine second document was entitled whether or not any of the Report on Redevelopment Plan blighting influences set forth Entitled Salt Lake City in State law might exist. He Baseball Stadium Neighborhood said Mr. Springmeyer submitted Development Plan" , also dated a report and a follow-up March 12, 1993, which contained supplement which more narrowly an index and 23 pages. He said defined area to determine if the third document was entitled the specific project area was "Blight Analysis Survey, Derks blighted. He said the Rede- Field Redevelopment Survey velopment Project area incor- Area, Stadium Project Area porated the block north of the Supplement" . He said this present Derks Field sight, a report was prepared at the portion of that block, which request of the RDA of Salt Lake was the western portion that City, by Mr. Robert L. primarily was used now in Springmeyer, President of conjunction with parking for Bonneville Research, and was Derks Field, a gas station and dated March 1993 . the parcel of real property had been excluded from the proposed Mr. Oswald referred to the project area. He said the last attachment to the public southern portion of the project hearing minutes, the Open area was owned by Salt Lake Meeting Notice, required by City Corporation, known as Section 52-4-6 of the code, Derks Field. He said the which copy would become part of project area they would be the public hearing record. talking about had only one property owner, Salt Lake City. Mr. Oswald said for the He said the above mentioned record he wanted it noted that parcel of land was comprised of as of 5 :00 p.m. , neither the two blocks. City Council, the Recorder's Office, or the Redevelopment Alice Steiner, Executive Agency, had received any Director of the Redevelopment written objections from any Agency, gave a brief explana- owners of property within the tion of the plan. She asked project area, from any taxing the Council to refer to their entities, or from any interest- board packets in which a black- ed persons . He said to that lined copy of the plan, and a extent, there were no written report to the plan showing the reports or objections made in changes adjusted by staff and the adoption of the Redevelop- legal council after review of ment Plan. the plan and the report by the 93 - 139 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 13, 1993 Planning Commission and Taxing Redevelopment Proposals and the Entities . She said the most initiation would start when the note worthy elements of both plan was adopted. She said on the plan and the report to the Page 7 of the report referenced plan was the map on page 2, the major technique to achieve which showed the area included. redevelopment was clearance and She reminded the Council that new construction. it did not include any private property and did not include She said Page 8 of the the private property being report stated the agency would purchased by the City for the not have the power of emanate baseball stadium. She also domain in the project area. reminded them that it did not She said Page 10 of the report, include the gas station at the the role of the Agency was to corner of Richards Street and assist others in achieving the 1300 South. She said it did plan objectives rather than the include the streets surrounding agency undertaking the redeye- the City-owned property, which lopment itself . She said Page were West Temple, Richards 11 of the report, the financing Street, Paxton, Main, and 1300 plan, was briefly summarized South. showing the agencies contri- bution might be $5 . 8 million She said on Page 5 of the and that the amount might vary report there were a number of depending on the final financ- development objectives listed. ing package put together. She She said the primary objective said until the financing went was to remove and rebuild the out and the bonds were purchas- baseball stadium. She said ed, the exact amount of the other objectives would be the agency contribution would not achievement of a better quality be determined. She said the of urban design, improvements County contribution, the City to the public rights-of-way, and the Agencies contribution, upgrade the area to act as a was shown as a net present spur to private investment and value. She said to meet the to strengthen the tax base of state law the project area was the adjacent area of the less then 100 acres and the community. She said Page 6 of project area would sunset after the report, permitted land 32 years . She said the RDA uses, showed that permitted would not be collecting tax uses would be determined by increment from the project area zoning. She said on April 20, because it was publicly owned 1993, there would be a zoning and was not on the tax roles . change to an "S-1" Zone to She said the tax increment implement the plan and it was would be coming out of the crucial that the zone change Agencies Central Business went through. She said it District Project Area and not further stated that the Agency this project area. did retain a review of 93 - 140 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 13, 1993 She said the documents relocation rules adopted in listed on Page 18 were incor- July 1987 . She said it also porated into the plan and showed the Agencies conformed included the Structural Evalua- to City plans and attached the tion of the perks Field Stadium recommendation of the Salt Lake by Reaveley Engineers, the City Planning Commission. Baseball Sighting Study by KPMG Peat Marwick, and the Blight Mr. Oswald said the Analysis Survey by Bonneville Legislature looked at a bill Research. entitled "House Bill 278" by Representative Jake Garn. He Ms . Steiner said the said the bill was 85 pages and report on the plan was required made a number of changes . He by the Utah Neighborhood asked the Council to refer to Development Act. She said the Item 7 on Page 16 of the black- first section gave a brief lined copy of the report. He summary of the history as the said for those who might look City had gone through the at the report in the future, he selection process . wanted it noted that the Legislature amended 34 of the Ms . Steiner said the 60 sections in the Redevelop- description section on Page 3 ment Law as it existed when the recited the factors of blight Legislature began in January of found in the project area. 1993. He said the Legislature She said the financial analysis enacted 5 new sections and on Page 9 identified that the repealed and reenacted 7 other tax increment for the project sections . He said as a result would come from another project of the legislation, 46 sec- area. She said the financial tions, or more then 2/3rds of information in the report was the act, were amended, modifi- supplemental to the information ed, repealed, or reenacted. He provided in the plan, so it said he tried to outline some would not be redundant. She of the changes made and some of said on Page 11 of the report the legislative intent that they identified the benefits to went into the law. the adjacent area of the community. She said in the He said 34 separate times 1993 Utah Legislature, it was within the 86 pages, once every required that if the RDA put three pages of the act, the money from one project area Legislature put in a provision into another project area for a that spoke about trying to sports facility, they would "grandfather" the old laws . He need to identify the benefits said there were now 4 different to the adjacent area of the classes of redevelopment plans. community. He said there were the old plans, adopted between 1969 and She said the report also 1983, the new plans, adopted incorporated the Agencies from 1983 up to the present, 93 - 141 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 13, 1993 and the third group, called before the first of July 1993 . "pending plans" . He said they He said any plan meeting both were redevelopment plans conditions fell under the started during the time the grandfather provision. He said Legislature had taken under as he reviewed the law and as consideration the changes in he and Ms . Steiner had talked this new Act. about it, some provisions of the law were not grandfathered. Mr. Oswald said in He said they had tried to addition to all the grand- suggest certain amendments fathering provisions, he wanted which should be adopted as part the Council to be aware that on of the plan and the report, to the 44th day of the Legisla- make the plan come into compli- ture, as the bill was going ance with the law, which were through the Senate, there not in the original redevelop- appeared a Statement of Legis- ment plan as it was sent out. lative Intent, found on Page 18 He said the plan contained of the blackline. He said the Section 48 which stated if the following language was printed plan received a two-thirds vote on the page of the journal, "It in both the House and the is the intent of the Legisla- Senate then the plan's effec- ture that the grandfathering tive date for becoming law provisions of the third would be the date that the substitute house Bill 278 be Governor signed the bill, which construed liberally to allow occurred on March 11, 1993 . He projects which are in process said because it was sent out and for which the action the morning after the Governor specified in these grand- signed the bill and before the fathering provisions have been RDA recognized that the taken to proceed to completion. effective date was March 11, These projects, including the 1993, there were some changes Family Center at Fort Union in that staff was recommending for Salt Lake County, and others consideration. He asked the meeting the same requirements" . Council to refer to the blacklined report on Page 19, He said the Legislature where he identified the 6 clearly recognized that the changes which were not grand- Derks Baseball Stadium plan was fathered by the law which went one of the pending redevelop- into effect March 11, 1993, and ment plans which had begun any redevelopment plan adopted before the legislature com- after that date had to meet menced. He said some of the the provisions identified in provisions had been grand- the 6 changes on Page 19 of the fathered because it was a report. redevelopment plan which was mailed out by the first of Robert L. Springmeyer Jr. , April 1993 and where the President Bonneville Research, current public hearing was held 48 Market Street, spoke about 93 - 142 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 13, 1993 the Blight Study. He said his conjured up visions of burned- staff was asked to look at a out tenement houses in the survey area that encompassed Bronx, instead of the types of past California Street, between environments that Salt Lake West Temple and Main Street to City had. He said the 10 900 South. He said along with blight factors were found on the RDA, Salt Lake City Page 37 of the Derks Field resurveyed the proposed project Blight Analysis Survey. area, bordered to the north by Paxton Avenue, Richards Street, He said other key ele- to the east, West Temple, west ments of the Redevelopment Act on 1300 South, picking up Main project area remained the same. Street, jogging through and He said Section 1209 pertaining missing the private properties to the "Detrimental or Inimi- and along California Street cal" was removed, but the same back to the western edge of adoption by ordinance provi- West Temple. sions were kept in. Mr. Springmeyer said the Mr. Springmeyer referred area included approximately to Page 38 of the Blight Survey 17 . 4 acres, made up of two pertaining to the Preliminary parcels, buildings on site were Plan which was prepared after a fire station and an existing April 1, 1993 . He said it was Derks Field Baseball Stadium. primarily for background infor- He said the Stadium Project mation and review. He said it area was characterized by a was important to note that deteriorated and structurally blight was a combination of a unsafe baseball stadium and number of significant environ- parking area with deteriorating mental and structural factors asphalt surfacing, without which existed within an area. curbs, gutters or sidewalks . He said there was no one single He said the project area was factor that determined blight. made up of parcel No. 65 and He said the purpose of the Parcel No. 78 . He said the blight analysis was to develop parking area was made up of some objective and quantifiable 2 . 96 acres and carried an data on the wide range of assessed valuation of $443,000 . physical factors which could He said the Derk's Field area then be used to determine was owned by Salt Lake City and legislatively why it existed in included the Fire Station. the area and whether Redevelop- ment was necessary. He said in Mr. Springmeyer said the order to do that, they set up process which they followed more detailed methods of examined the ten legislative measuring, evaluating and blight factors, provided for by analyzing the 10 blight the State Legislature. He said factors . the choice of the term "blight" was often criticized because it He said one of the new 93 - 143 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 13, 1993 blight factors was the Salt Lake City of the Derks existence of any hazardous or Field Stadium. solid waste. He said they had always considered that as an He said the blighting indicator of some of the factor areas exhibiting high earlier blight factors, so density of population and nothing had changed with the overcrowding did not show addition of the hazardous waste unusual evidence on either factor. parcel. He said both parcels fell within the Federal He said Bonneville Emergency Management Agency Research had prepared a custom flood zone. survey form to look at the properties and buildings . He Mr. Springmeyer referred said they looked at items like to his composite map which foundations, roof structures, showed where at least two land use, fire hazards, struct- blight factors existed, cover- ural parts of buildings, crime ing both parcels . He said the reports, underground storage new legislation required the tanks which existed in the existence of three or more area, energy code violations, blight factors . Federal Emergency Management Agency flood conditions which Mr. Springmeyer said the could be found on Page 42 of formal findings found on Page the Blight Survey. 70 of his report were required to be entered, verbatim, into He said they then con- the record and read as follows: ducted a detailed building and field survey. He said he was "Summary and Conclusion: assisted in this by Mr. Roger Van Frank, licensed architect. During the course of this He said he was also supported blight study, the Utah Neigh- in this survey by the Salt Lake borhood Development Act was Building Code Enforcement amended by the 1993 Utah Department, the Environmental Legislature, and which amend- Enforcement , the Fire ments became effective March Department and the City and 11, 1993 . County Health Department. He said they looked at other As a consequence, to health and environmental safety examine these additional and public service demand data. requirements , Bonneville He said they collected economic Research undertook a supple- and social data and an environ- mental survey and the mental survey study performed collection of technical by Salt Lake City on the area. documentation which could be He said there was also a considered by the RDA of Salt detailed structural analysis Lake City, and Salt Lake City performed under contract with Council in supporting a 93 - 144 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 13, 1993 legislative finding of blight, Stadium Redevelopment Project as defined and determined by Area which most characterized the 1993 amendments as provided the existing blighted condi- by 17A-2-1202 ( 3) . tions were listed on Page 71 and 72 of the Blight Survey The purpose of this blight (refer to file M 93-7 ) . survey was to determine the existence of conditions within Mr. Oswald said all public the survey area and proposed notice requirements had been project which may serve as met by the RDA. indicators of "Blight" as described in Section 17A- Rick Graham, Acting 1202(3) , Utah Code Annotated Director Parks Department, 1953, as amended by the 1993 spoke on behalf of the City. Legislature. He said the Parks Department had been the care-taker of the The legislatively required stadium for many years and he physical and environmental had reviewed the Salt Lake City blight variables were consider- Neighborhood Development Plan. ed in the survey, in order to He said the Parks Department document the need for redeye- concurred with the findings of lopment planning. Therefore the blight study. He said he based upon the cumulative felt the findings were clearly findings of the survey: and fairly reflected of the conditions which existed at the THERE IS EVIDENCE OF THE stadium and the adjacent sight. PRESENCE OF BLIGHT SUFFICIENT He recommended that the Council TO WARRANT UNDERTAKING adopt the Redevelopment Plan. REDEVELOPMENT ACTIVITIES TO REVERSE THE PHYSICAL , Councilmember Whitehead STRUCTURAL AND ECONOMIC DECLINE asked if there was anyone from OF THE PROPOSED PROJECT AREA. the audience that wanted to speak. THE PROPOSED PROJECT AREA IS A BLIGHTED AREA , THE Mr. Oswald said that if REDEVELOPMENT OF WHICH IS the members of the governing NECESSARY TO EFFECTUATE A body of the RDA adopted the PUBLIC PURPOSE. plan, the City Council adopted the plan, there were certain Nine of ten legislative findings which had been set blight factors were found to forth in the resolution and justify the existence of blight ordinance. He said the within the proposed project findings which would need to area . " made to adopt the plan were found in the document entitled Mr. Springmeyer said the "Joint Hearing, Summary of nine factors found within the Findings and Supporting proposed Salt Lake Derks Field Documents for the Redevelop- 93 - 145 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 13, 1993 ment Agency of Salt Lake City of emanate domain. and for the City Council of Salt Lake City" . He said on He said on Finding "G" , Page 2, Finding "A" , of the that other than the City there report, it show that the were no other parties that project area was a blighted needed to be relocated. area and on Pages 2, 3, 4, 5, and 6, he summarized all the He said Finding "H" on evidence that Mr. Springmeyer housing facilities, that to had presented in his Blight their knowledge, there were no Survey. He said on Page 7, people being displaced from Finding "B" , as the plan housing within the project conformed to the Utah Neigh- area. borhood Development Act, they set forth each of the required He said on the above legislative matters which were mentioned basis, it was the required to be in any adopted recommendation of staff and Redevelopment plan or report legal council, that they and they had been incorporated believed all the legal require- into the plan. He said they ments to adopt the plan by the had supplemented the plan and Agency and the City, had been the report to the plan complied met and he would recommend that with the provisions of the new they adopt the Redevelopment act, as it became effective Plan. March 11, 1993 . CITY COUNCIL ACTION: He said on Page 8, Finding Councilmember Godfrey moved and "C" , it listed the plan as Councilmember Hardman seconded economically sound and feasible to close the joint Public and they had set forth, within Hearing, which motion carried, the documents, the reasons why all members voted aye. their findings could be made. RDA ACTION: Councilmember He said Finding "D" stated Godfrey moved and Councilmember that the plan was comparable Hardman seconded to close the with the City Master Plan. joint public hearing, which motion carried, all members He said Finding "E" stated voted aye. that the plan would promote the public welfare of the City and SALT LAKE CITY ACTION: the clearance of the structure Councilmember Godfrey moved and was no longer safe for public Councilmember Hardman seconded use. to recess as City Council, which motion carried, all He said Finding "F" showed members voted aye. that the plan did not contain an affirmative way and the ACTION: Councilmember agency could not use the power Godfrey moved and Council- 93 - 146 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 13, 1993 member Hardman seconded to adopt Resolution 383.01 of 1993 amending the Agencies Owner Participation Rules, which motion carried, all members voted aye. ACTION: Councilmember Godfrey moved and Council- member Hardman seconded to adopt Resolution 383.02, approving the Salt Lake City Baseball Stadium Neighborhood Development Plan, which motion carried, all members voted aye. ACTION: Councilmember Godfrey moved and Council- member Pace seconded to adjourn the RDA part of the meeting, which motion carried, all members voted aye. (0 93-11 and 0 93-12) The meeting adjourned at 6 : 05 p.m. Coun 1 hair. C(11 ff 17:IU114i4)71;11416/‘-' bf 3 !.1 ■ •r3s rit:g :›f.: ..• . , ---_. . •.-. 93 - 147