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04/14/1987 - Formal Meeting - Minutes • • PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 14, 1987 THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, APRIL 14, 1987, AT 5:10 P.M. IN SUITE 300 CITY HALL, 324 SOUTH STATE. THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: FLORENCE BITTNER THOMAS M. GODFREY GRANT MABEY ROSELYN N. KIRK SYDNEY R. FONNESBECK WILLIE STOLER EARL F. HARDWICK Council Chairperson Kirk presided at the meeting. BRIEFING SESSION Linda Hamilton, Executive Director, briefed the Council on the evening' s agenda. Ms. Hamilton introduced D'Arcy Ann Dixon and Chris Montague to the Council Members. Ms. Dixon and Mr. Montague were to be appointed to the Salt Lake City Arts Council in the regular meeting. The meeting adjourned at 5:20 p.m. 87-93 • • PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAYL APRIL 14, 1987 THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, APRIL 14, 1987, AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS, SUITE 300, CITY HALL, 324 SOUTH STATE. THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: FLORENCE BITTNER THOMAS M. GODFREY GRANT MABEY ROSELYN N. KIRK SYDNEY R. FONNESBECK WILLIE STOLER EARL F. HARDWICK Mike Zuhl , Chief of Staff, Roger Cutler, city attorney, Kathryn Marshall , city recorder, and Lynda Domino, chief deputy recorder, were present. Mayor Palmer DePaulis was absent. Council Chairperson Kirk presided at the meeting and Councilmember Hardwick conducted the meeting. The Council led the Pledge of Allegiance. Approval of Minutes Councilmember Godfrey moved and Councilmember Kirk seconded to approve the minutes of the Salt Lake City Council for the regular meeting held Tuesday, April 7, 1987, which motion carried, all members voting aye. (M 87-1) PETITIONS Petition 400-460 by Salt Lake City Corporation RE: An ordinance closing two streets located at 600 South and 700 West. ACTION: Councilmember Godfrey moved and Councilmember Mabey seconded to adopt Ordinance 21 of 1987 closing two streets located at 600 South and 700 West, which motion carried, all members voting aye. (P 86-302) DEPARTMENTAL BUSINESS FINANCE #1 . RE: TEFRA hearing to obtain public comment on the issuance by Salt Lake City Corporation of Tax Exempt Revenue Refunding Bonds for IHC, Hospitals, Inc. ACTION: Councilmember Godfrey moved and Councilmember Fonnesbeck seconded to set a date for Tuesday, May 19, 1987, at 6:30 p.m. , and authorize and direct the publication of the notice, which motion carried, all members voting aye. (Q 85-20) 87-94 • • PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 14, 1987 #2. RE: An interlocal agreement providing for the refinancing of certain health care facilities both inside and outside the boundaries of Salt Lake City (INC Hospitals, Inc. refunding) . ACTION: Councilmember Fonnesbeck moved and Councilmember Kirk seconded to adopt Resolution 33 of 1987 approving the form of, and authorizing and directing the execution of an interlocal cooperation agreement by and among Salt Lake City Corporation, Sandy City, City of Orem, Mt. Pleasant City, American Fork City, Washington County and Sevier County, providing for the refinancing of certain health care facilities located both inside and outside the boundaries of Salt Lake City Corporation, and refunding bonds by Salt Lake City Corporation, and directing the publication of the resolution and the form of interlocal cooperation agreement, which motion carried, all members voting aye. (Q 85-20) #3. RE: An Initial Resolution for tax-exempt revenue refunding bonds for IHC Hospitals, Inc. ACTION: Councilmember Fonnesbeck moved and Councilmember Godfrey seconded to adopt Resolution 34 of 1987, an Initial Resolution, authorizing the issuance of tax-exempt revenue refunding bonds by Salt Lake City Corporation, in an aggregate principal amount not to exceed $110,000,000 for the purpose of refinancing certain health care facilities located both inside and outside the boundaries of Salt Lake City Corporation, and owned and operated by IHC Hospitals, Inc. , and authorizing and directing the publication of a Notice of Bonds to be Issued with respect thereto, which motion carried, all members voting aye. (Q 85-20) MAYOR' S OFFICE #1 . RE: The reappointment of William A. Lewis and the appointments of Chris Montague and D' Arcy Ann Dixon to the Salt Lake City Arts Council . ACTION: Councilmember Godfrey moved and Councilmember Mabey seconded to approve the appointments and reappointment, which motion carried, all members voting aye. ( I 87-14) #2. RE: The reappointment of Marvin Tuddenham to the Public Utilities Advisory Board. ACTION: Councilmember Godfrey moved and Councilmember Mabey seconded to approve the reappointment, which motion carried, all members voting aye. (I 87-9) 87-95 i • PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 14, 1987 PUBLIC WORKS #1 . RE: The assessment ordinance for Special Improvement District 38-750. ACTION: Councilmember Fonnesbeck moved and Councilmember Godfrey seconded to adopt Ordinance 22 of 1987 confirming the equalized assessment rolls and levying a tax in the aggregate amount of $389,037 .00 providing for the assessment of property in Salt Lake City, Curb and Gutter Extension No. 38-750 for a new drainage system, curb and gutter and sidewalk and all other miscellaneous work necessary to complete the improvements; reaffirming the establishment of a Special Improvement Guaranty Fund; and establishing the effective date of the ordinance, which motion carried, all members voting aye. (Q 84-1) #2. RE: The assessment ordinance for Special Improvement District 38-800. ACTION: Councilmember Fonnesbeck moved and Councilmember Godfrey seconded to adopt Ordinance 23 of 1987 confirming the equalized assessment rolls and levying a tax in the aggregate amount of $231 ,324.00 providing for the assessment of property in Salt Lake City, 200 South Street Beautification Curb and Gutter Extension No. 38-800 for construction of decorative sidewalks, new curbs and gutters, street landscaping, sprinkling systems, planters, improved street lighting and new storm drain facilities and all other miscellaneous work; reaffirming the establish- ment of a Special Improvement Guaranty Fund; and establishing the effective date of the ordinance, which motion carried, all members voting aye. (Q 86-4) PUBLIC HEARINGS Special Improvement District 40-R-13 RE: A public hearing at 6:00 p.m. to obtain public protest concerning Salt Lake City Special Improvement District 40-R-13, concrete replacement involving State and Main Streets from 900 South to 2100 South along with the connecting streets between them and an area in the Avenues from "A" Street to "E" Street between 4th Avenue and 7th Avenue. ACTION: Councilmember Mabey moved and Councilmember Kirk seconded to close the public hearing, which motion carried, all members voting aye. Councilmember Godfrey moved and Councilmember Bittner seconded to direct the City Engineer to tabulate the results, which motion carried, all members voting aye. 87-96 • i PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 14, 1987 DISCUSSION: John Naser, city engineering, said the preliminary protest rate for this district was 3%. No one from the audience spoke. (Q 87-3) Special Improvement District 38-813 RE: A public hearing at 6:00 p.m. to obtain public protest concerning Salt Lake City Special Improvement District 38-813, curb and gutter extension, non- contiguous streets. ACTION: Councilmember Godfrey moved and Councilmember Mabey seconded to close the public hearing, which motion carried, all members voting aye. Councilmember Fonnesbeck moved and Councilmember Mabey seconded to direct the City Engineer to tabulate the results, which motion carried, all members voting aye. DISCUSSION: Mark Morrison, city engineering, said the preliminary protest rate for the district was 38% and the following streets exceeded 50%: 4th Avenue, California Avenue, Van Buren, Paramount, and Berkley. Councilmember Godfrey asked if these streets would stay in the district and Mr. Morrison replied that historically the Council deleted streets with over a 50% protest rate but it was the Council ' s option. Dave Johnson, contract purchaser of a home on 4th Avenue, said he wanted to stay out of the district and felt his area did not need the improvements. Councilmember Kirk asked if the streets with the 50% protest rate were non-contiguous to which Mr. Morrison said that the whole district was non-contiguous. Councilmember Kirk asked how many properties were along Berkley and Mr. Morrison said two. Councilmember Mabey asked which part of California Avenue protested so high and Mr. Morrison said the area between 2nd and 3rd West. Councilmember Fonnesbeck said before the final decision was made regarding the district she wanted engineering to meet with the Council . (Q 87-4) COMMENTS #1 . Mark Finlinson addressed the Council concerning the effective date for the rezoning of the block between 500 and 600 South and 900 and 1000 East, the site of the Dresden Place housing project. He first briefly outlined the history of the project. He explained that he acquired the property in this area three years ago and said about a year after that the City started to talk about downzoning the area. He said he discussed preserving the "R-6" zone with building and housing and said he was encouraged to submit his plans before the downzoning. After he turned in the plans 87-97 I • PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 14, 1987 he found out the property was on a fault line and he had to do more studies. He said the Council gave him an extension on the rezoning ordinance postponing the downzoning of his area so he could have the faultline studied and purchase some City property as required. As a result of the fault line study he said they found out a large portion of the property was not buildable. He showed a picture of how the fault line affected his property and said his land value dropped dramatically and the fault line changed his whole project. He requested another continuance on the downzoning ordinance for a year so he could get new plans. He said the "R-6" zone was necessary in order to fit in more units since so much of his property was lost because of the fault line. He also mentioned that a great deal of money had been spent on this project already. Councilmember Fonnesbeck said the Council would be unable to take action on this item since it was not listed on the agenda as an action item. Larry Livingston, Council Staff, said the downzoning ordinance would take effect on April 15 and the property would automatically be rezoned to "R-5". He said in order to extend the deadline again the Council would have to have an ordinance. He said the Council ' s intent with the last extension was that there would be no more extensions. Mr. Finlinson said he had understood that he would have a chance to extend this and said he made his intentions known in the Council Office that he wanted to extend this and felt he had been misled. He said he was trying to minimize his loss and had tried to work with the City to resolve this situation but felt there had been little cooperation and misinformation on the part of the City in his recent attempt to postpone the downzoning. Councilmember Fonnesbeck said the difference between the number of units allowed in an "R-6" zone was not that great from the number allowed in an "R-5" zone. Councilmember Bittner expressed her concern about the damage that would be done to Mr. Finlinson if he had been misinformed by the City and thought he should have every opportunity to present his intentions. Councilmember Hardwick said the Council ' s intent was clear when the last extension ordinance was passed. Mr. Finlinson said he thought there were extenuating circumstances. Councilmember Fonnesbeck mentioned that an extension had been granted twice and she said in the past when an issue had been extended for a long period of time and there was little action, the Council usually referred it back through the process. Roger Cutler, city attorney, said this item had not been noticed properly for Council action but pointed out that Mr. Finlinson might have vested rights if a substantial amount of work had been done on the project. He said Mr. Finlinson could meet with him in order to review this situation. Councilmember Stoler expressed concern about Mr. Finlinson' s position and the possibility of his vested rights. Councilmember Kirk suggested that Mr. Finlinson meet with Mr. Cutler to discuss this situation. (P 85-242) The meeting adjourned at 6:45 p.m J 4 ttf fU . 7+.c�i 1 UNCI CHAIRPERSON d`TY RECORDE' 87-98 • PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 7, 1987 THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, APRIL 7, 1987, AT 5:00 P.M. IN SUITE 300 CITY HALL, 324 SOUTH STATE. THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: FLORENCE BITTNER THOMAS M. GODFREY GRANT MABEY ROSELYN N. KIRK SYDNEY R. FONNESBECK WILLIE STOLER EARL F. HARDWICK Council Chairperson Kirk presided at the meeting. BRIEFING SESSION Linda Hamilton, Executive Director, briefed the Council on the evening' s agenda. She told the Council Members that the staff recommended they uphold the Planning Commission decision on Petition No. 400-500, an appeal of Historical Landmark Case No. 642. She explained that the chain-link fence discussed in the petition was in violation of the Landmark Committee requirements for a historical district. The fence was made of an inappropriate material for the district, was located on City property and exceeded City height requirements. Larry Livingston, Council Staff, told the Council Members that they were only to consider the petition as it related to violations of the guidelines of the Historical Landmark Committee. Bill Wright, city planner, answered questions Council Members had con- cerning Petition No. 400-275 by the Calder Brothers, requesting that the City annex a property located at 3130 South Highland Drive. Mr. Wright explained to the Council that there were three residential properties located within the area to be annexed and if one of the residential property owners protested out of the annexation, all three properties must be excluded in order to meet state annexation requirements. The annexation of the residential properties was all or nothing, there could be no variation. The meeting adjourned at 5:30 p.m. 87-82 • • PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 7, 1987 THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, APRIL 7 , 1987, AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS, SUITE 300, CITY HALL, 324 SOUTH STATE. THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: FLORENCE BITTNER THOMAS M. GODFREY GRANT MABEY ROSELYN N. KIRK SYDNEY R. FONNESBECK WILLIE STOLER EARL F. HARDWICK Mayor Palmer DePaulis, Roger Cutler, city attorney, Kathryn Marshall , city recorder, and Lynda Domino, chief deputy recorder, were present. Council Chairperson Kirk presided at the meeting and Councilmember Hardwick conducted the meeting. The Council led the Pledge of Allegiance. Approval of Minutes Councilmember Kirk moved and Councilmember Godfrey seconded to approve the minutes of the Salt Lake City Council for the regular meeting held Tuesday, March 17 , 1987, which motion carried, all members voting aye. (M 87-1) Special Recognition 1 . The Mayor and City Council presented the March Tourism Ambassador of the Month award to Bill Tatman of Delta Airlines. Mayor DePaulis said Mr. Tatman was district sales manager for Delta Airlines and had helped promote Salt Lake City as a destination point and as the gateway to the west and had also promoted southern Utah and the national parks. The Mayor said through Mr. Tatman' s efforts advance flight reservations for the summer and ski seasons had increased. Mr. Tatman thanked the Mayor and Council on behalf of himself and the other employees at Delta who also pro- moted Salt Lake City. (G 87-7) 2. The City Council and Mayor adopted a joint resolution declaring support for Arbor Day, April 24, 1987. Councilmember Godfrey read the resolution. Councilmember Godfrey moved and Councilmember Mabey seconded to adopt Resolution 32 of 1987 declaring support for Arbor Day, which motion carried, all members voting aye. Steve Schwab, urban forester, introduced members of the Urban Forestry Board who were present. He mentioned that the board had worked hard to look at ways to take care of the City' s trees and encourage the planting of more trees to help beautify and improve the environment of the City. (R 87-1) 87-83 • • PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 7, 1987 PETITIONS Petition 400-249 by Janice Turner/William Bennett RE: An ordinance repealing Ordinance 85 of 1985 and correcting a technical error that was in the property description of that ordinance which vacated an alley between 700 East and 800 East and Logan Avenue and Bryan Avenue. ACTION: Councilmember Fonnesbeck moved and Councilmember Mabey seconded to suspend the rules and on first reading adopt Ordinance 19 of 1987 vacating an alley between 700 East and 800 East and Logan Avenue and Bryan Avenue and repealing Ordinance 85 of 1985, which motion carried, all members voting aye. (P 85-11) DEPARTMENTAL BUSINESS AIRPORT AUTHORITY #1 . RE: An interlocal agreement with the United States Government, National Guard Bureau, for an airport joint use agremeent, an agreement to rehabilitate Taxiway D, and a striping contract. ACTION: Councilmember Stoler moved and Councilmember Bittner seconded to adopt Resolution 27 of 1987 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and the United States Government represented by the National Guard Bureau, United States Property and Fiscal Office for the State of Utah approving a) an airport joint use agreement providing the Utah Air National Guard common use of airport flying facilities; b) an agreement to rehabilitate Taxiway D; c) airport striping contract whereby the National Guard Bureau agrees to paint stripe all ramps, runways and taxiways, at their cost, through the year 1991 , which motion carried, all members voting aye except Councilmember Godfrey who was absent for the vote. (C 87-160, C 87-161 , C 87-162) CITY COUNCIL #1 . RE: An ordinance amending Section 51-13-1 (13) and Section 51-5-10 of the zoning ordinance allowing the Board of Adjustment to permit an accessory structure to be used as a study, a private noncommercial art studio, a hobby shop, an exercise room, a dressing room adjacent to a swimming pool , or for other similar uses, subject to conditions. ACTION: Councilmember Fonnesbeck moved and Councilmember Godfrey seconded to refer this ordinance to the Planning Commission and the City Attorney for recommendation, which motion carried, all members voting aye. (0 87-2) 87-84 • • PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 7, 1987 #2. RE: An ordinance amending Section 51-33-7 relating to condominium conversions, stating that the Planning Director may require certain conditions when converting housing units to condominium status. ACTION: Councilmember Fonnesbeck moved and Councilmember Godfrey seconded to refer this ordinance to the Planning Commission and the City Attorney for recommendation, which motion carried, all members voting aye. (0 87-4) FINANCE DEPARTMENT #1 . RE: An ordinance amending Exhibit "A" of the Evans and Sutherland Computer Corporation Franchise, Ordinance 8 of 1987, correcting the property description. ACTION: Without objection this was referred to the consent agenda. (0 87-3) MAYOR'S OFFICE #1 . RE: The reappointment of William A. Lewis and the appointment of Chris Montague and D'Arcy Ann Dixon to the Salt Lake City Arts Council . ACTION: Without objection this was referred to the consent agenda. ( I 87-14) #2. RE: The reappointment of Marvin Tuddenham to the Public Utilities Advisory Board. ACTION: Without objection this was referred to the consent agenda. ( I 87-9) PUBLIC UTILITIES #1 . RE: An interlocal agreement with Salt Lake County for an easement for the City to install Watermain Extension 33-C-1349. ACTION: Councilmember Stoler moved and Councilmember Bittner seconded to adopt Resolution 26 of 1987 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and Salt Lake County for an easement agreement for the City to install Watermain Extension 33-C-1349 from Parkview Drive and Olympus Way to Park Terrace Drive, which motion carried, all members voting aye except Councilmember Godfrey who was absent for the vote. (C 87-120) 87-85 i PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 7, 1987 PUBLIC WORKS #1 . RE: An interlocal agreement with the Utah Department of Transportation and three railroads for railroad protective devices and fabricated crossing surfaces. ACTION: Councilmember Stoler moved and Councilmember Bittner seconded to adopt Resolution 25 of 1987 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation, Utah Department of Transportation and three railroads to install railroad protective devices and fabricated crossing sur- faces on 7200 West near 700 South, which motion carried, all members voting aye except Councilmember Godfrey who was absent for the vote. (C 87-121 ) #2. RE: Special Improvement District No. 40-R-7 bid opening and bond sale. ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Resolution 28 of 1987 accepting bids and awarding the sale of $114,000 Special Assessment Bonds, Special Improvement District No. 40-R-7, Downtown and Sherwood Drive, dated April 1 , 1987, fixing the interest rates to be borne thereby, which motion carried, all members voting aye. Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Resolution 29 of 1987 authorizing the issuance and providing for the sale of $114,000 Special Assessment Bonds, Series 1987 of Salt Lake City, Special Improvement District Concrete Replacement No. 40-R-7, Downtown and Sherwood Drive, fixing the interest rates to be borne thereby, prescribing the form of bond and interest rates, maturity and denomination of said bonds; providing for the continuance of a guaranty fund as provided by statute; and related matters, which motion carried, all members voting aye. (Q 85-3) #3. RE: Special Improvement District No. 38-685 bid opening and bond sale. ACTION: Councilmember Godfrey moved and Councilmember Mabey seconded to adopt Resolution 30 of 1987 accepting bids and awarding the sale of $141 ,000 Special Assessment Bonds, Special Improvement District No. 38-685, 1700 South, West Temple - 700 West, dated April 1 , 1987, fixing the interest rates to be borne thereby, which motion carried, all members voting aye. Councilmember Godfrey moved and Councilmember Kirk seconded to adopt Resolution 31 of 1987 authorizing the issuance and providing for the sale of $141 ,000 Special Assessment Bonds, Series 1987 of Salt Lake City, Special Improvement District, Curb and Gutter No. 38-685, 1700 South, West Temple - 700 West, fixing the interest rates to be borne thereby, prescribing the form of bond and interest rates, maturity and denomination of said bonds; providing for the continuance of a guaranty fund as provided by statute; and related matters, which motion carried, all members voting aye. (Q 85-1 ) 87-86 • • PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 7, 1987 PUBLIC HEARINGS Petition 400-274 Calder Brothers Annexation RE: A public hearing at 6:20 p.m. to obtain public comment concerning the reconsideration of Petition 400-274 requesting Salt Lake City to annex property located at 3130 South Highland Drive. ACTION: Councilmember Kirk moved and Councilmember Godfrey seconded to close the public hearing, which motion carried, all members voting aye. Councilmember Stoler moved and Councilmember Kirk seconded to approve the annexation of all property included in Petition 400-274 and direct the City Attorney to prepare the ordinance subject to the dedication of property for potential right-of-way expansion, curb, gutter, sidewalk, street, and streetscape improvements, zoning the property "C-1" and the submission of an annexation plat, which motion carried, all members voting aye. DISCUSSION: Bill Wright, planning and zoning, outlined the area on a map and said the purpose of the public hearing was to reconsider the Council ' s action which was taken on July 9, 1985. He said this property was adjoining the present city boundary in the Brickyard area along Highland Drive between Miller and Woodland Avenues. He explained that in 1985 the Planning Commission reviewed the request and recommended the annexation and the Council approved the annexation excluding one parcel . He said shortly after that the developer could not secure financing and was unable to complete the project and did not complete the annexa- tion. Since then another developer had acquired the property and was interested in constructing a retail development. He referred to the previous action taken by the Council which approved the annexation excluding one of the properties and said according to the state annexation law this created an unincorporated penninsula. He indicated that if the Council approved the annexation they needed to annex all four properties as was originally requested in the petition or needed to exclude all three of the residential properties fronting on Woodland Avenue. He also outlined conditions which needed to be a part of the annexation approval such as dedication of property for rights-of-way and curb, gutter sidewalk, street and streetscape improvements. He said it was recommended that the requirements for the dedication of property for increased public right of way and construction of the street improvements for the three residential properties fronting on Woodland Avenue should be waived until the properties were developed or redeveloped. He said the zoning should be "C-1" and an annexation plat needed to be prepared and submitted to the City. No one from the audience spoke. (P 85-71) 87-87 • • PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 7, 1987 Petition 400-500 by Bernice Culledand Byron Couch RE: A public hearing at 6:35 p.m. to obtain public comment concerning the appeal of Historic Landmark Case No. 642 denying the request to retain a fence at 322 North 300 West. ACTION: Councilmember Kirk moved and Councilmember Godfrey seconded to close the public hearing, which motion carried, all members voting aye. Councilmember Fonnesbeck moved and Councilmember Godfrey seconded to uphold the decision of the Landmark Committee and of the Planning Commission to deny this appeal . Councilmember Bittner moved and Councilmember Kirk seconded to make a substitute motion to table the issue in order to make a determination of any violations of procedure by City staff, which motion failed, Councilmembers Bittner and Stoler voting aye and Councilmembers Mabey, Fonnesbeck, Hardwick, Godfrey, and Kirk voting nay. The original motion was then voted on, which motion carried, all members voting aye except Councilmember Bittner who voted nay. DISCUSSION: Bil Schwab, planning and zoning, outlined the area on a map and said on November 13, 1986, the Historical Landmark Committee heard the case after a notice for violation was given to the property and they denied the fence; on November 24, 1986, the request was heard by the Board of Adjustment and they denied the height violation; and on January 8, 1987, the Planning Commission denied the appeal . He said no approval permit was issued as required by ordinance, the fence was 8.7 feet on public property and there was no revocable permit, the fence violated height restrictions, and there had been no design or material review of the fence. He said fence compliance was required by the Landmark Committee and the Planning Commission and said requirements could be made by the Board of Adjust- ment and the City Council when reviewing projects, therefore it was not uncommon to require fence stipulations to the zone being considered. He said the ordinance was full of fence requirements. He then showed pictures of the area and said property north was also in violation. He mentioned two other properties in the area of 300 West and 600 North which had both replaced illegal fences in order to comply with the ordinance. He said the City was liable for the fence since it was on City property unless the property owner had a revocable permit with insurance. Henry Whiteside, Historical Landmark Committee, said their standards were reasonable and flexible but they required work done in a historic district to be compatible with the design, material , scale, and character of the neighbor- hood. He said there were indications that the contractor and owner proceeded with the work when they were well informed of the ordinance and after they were issued a stop-work order. He said chain link was not appropriate for a historic district and said the historic district ordinance was to protect the interests of all the people of Salt Lake, to preserve a historical resource and to offer ground rules and an assurance to home owners in the district that money and time spent restoring a structure would be well spent. He asked the Council to uphold the decision to deny the request. 87-88 • • PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 7, 1987 Bruce Shand, attorney on behalf of the petitioner, said this property was on the extreme southwest corner of the Landmark District and was two lots away from West High' s tennis courts which had an 18-foot high chain link fence. He said many properties in this immediate area had chain link fences and he showed a picture. He said one major problem was that no other action was being taken against other property owners which were not in compliance. He expressed his opinion that the area was appropriate for chain link and said many properties in the area historically had chain link. He mentioned that the fence company told the petitioner a permit was not required and the petitioner had called the City and was told a permit was not needed so they proceeded thinking it was exempt. He said the fence cost about $1 ,200 and to rebuild it using wrought iron would cost the petitioner $5,000. He said the building on this property was rented to elderly low-income people who paid $150.00 per month and said if the fence had to be replaced the rents would increase and these renters would probably be unable to afford it. He said this area was a mix of commercial and residential and there was a substantial amount of chain link in the area. He did not think the fence in question affected the aesthetic value of the area and thought they should be granted a variance. He mentioned there were problems in the area and the elderly tenants wanted some security. He said his client was willing to move the fence off City property and asked the Council to overrule the denial . Councilmember Godfrey said that since the Board of Adjustment turned down the request the only way to appeal their decision was through the court system. Councilmember Fonnesbeck added that regardless of what the Council did they could not override the Board of Adjustment. Mayor DePaulis asked Mr. Shand who in the City told his client they did not need a permit and Mr. Shand said his client did not get a name. Paul Maxfield, ACME Fence Co. , said the City did not require a permit for a fence unless it was in a historic district and at the time of this incident his sales people were not aware that this area was in a historic district. He said they also assumed that people knew where their property line was and said the company could not include the cost of a survey in the cost of the fence. He said the owner wanted the fence to be the same height as the fence to the north eventhough the fence company told them it would be in violation of the height restriction. He said he got a letter regarding the stop work order and said the letter was inac- curate; he also got a map outlining the historic district but it was not very well defined. Councilmember Bittner expressed concern about possible misinformation these people received from the City. She also asked if something was being done about other illegal fences. Mr. Schwab indicated yes. He also said the stop work order had been issued on the fence in question and said he had letters to that effect. Councilmember Bittner said she wanted some of the questions cleared up before she made a decision. Councilmember Stoler asked if the owner was notified by the fence company that the fence was in violation. Mr. Maxfield indicated they were notified that the height of the fence was in violation but they wanted it anyway. 87-89 • • PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 7, 1987 Ernest Dixon, 77 "C" Street, said his neighbor was in the same situation and was also appealing the denial of his fence. He told the Council that their decision on this fence would affect other violations. James Allen, 216 5th Avenue, supported the decision to deny the request and said part of the issue was what the Council wanted 3rd West to look like. He said this area was a main entrance into the City. He said the Landmark Committee was sensitive and examined all sides. Pearl Simmons, property owner immediately north, explained that the workers came on a Saturday to install the fence. She said she called her attorney who came and told them to stop installation because they were in violation of the historical district. She said the workers and her attorney talked to Ms. Culley and she indicated she wanted them to put the fence up. Ms. Simmons said they came back on Sunday to finsh the work. She said she felt that Ms. Culley was warned about the violation of this fence. Councilmember Bittner wanted assurance that City procedure had been properly followed. Councilmember Fonnesbeck was concerned too but felt this matter was a separate issue. She said the historic district had been in place for a number of years and this fence was a clear violation of the law. She didn' t feel that the Council had the authority to override the denial . Councilmember Kirk had a question about the stop work order and Mr. Shand said his client had not been served with a stop work order. Mr. Schwab said he had letters confirming that the stop work order had been issued and city procedure was followed. Councilmember Bittner requested copies. Councilmember Mabey ex- pressed concern about information given to the owner when she called the City and he thought perhaps enough questions had not been asked before the owner was given an answer. He suggested that the staff should have a list of written questions they need to ask callers. Councilmember Stoler expressed the same concerns and also expressed concern about the cost to the owner. Larry Livingston, Council Staff, reminded the Council that the issue was whether the decision of the Landmark Committee was proper. He said the law stated that the Landmark Committee and the Planning Commission could decide if fencing material was in character with the historic district. He said the issue of procedure, even though it was important, was not the question before the Council . Roger Cutler, city attorney, explained that if incorrect information was received this would not override the laws and would not stop the City from enforcing the law. Mayor DePaulis said since he did not have the name of an employee who supposedly gave out the misinformation he could not take disciplinary action. (P 87-48) 87-90 • • PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 7, 1987 City Historical Register - Charles James Mullett Home RE: A public hearing at 6:45 p.m. to obtain public comment concerning the designation of the Charles James Mullett home at 680 Wall Street on the City Historical Register. ACTION: Councilmember Mabey moved and Councilmember Kirk seconded to close the public hearing, which motion carried, all members voting aye. Councilmember Fonnesbeck moved and Councilmember Mabey seconded to adopt Ordinance 20 of 1987 designating the Charles James Mullett home at 680 Wall Street as a City landmark site, which motion carried, all members voting aye. DISCUSSION: Bil Schwab, planning and zoning, said this home was in a historic district but the owners wanted it listed site specific. He said the owners had done an excellent job of restoring the home. He showed slides of the home. Sidney Draper, owner, said they loved the history of the community and ex- plained that when they purchased the home he sought architectural advice regarding the restoration and they had received an award of excellence from the Utah Heritage Foundation. He gave a brief history of the house and of Charles James Mullet. He said they had spent a lot of time and money in the house and said they would be honored if it were placed on the register. Councilmember Bittner complimented Mr. Draper. (L 87-2) COMMENTS #1 . Kelvin Staker, 1188 South West Temple, complained about a halfway house at 404 Lafayette Avenue. He said it caused problems in the neighborhood and several businesses had been burglarized. He left a petition with the Council from the businesses and residents. Mayor DePaulis said the City would check into this matter. #2 . Alan Bachman, 66 North 100 East in Provo, on behalf of Perry Shepherd who was the previous owner of the Painted Word, addressed the City' s ordinance regarding prohibition of entertainment after 1 :00 a.m. He said when the Council made laws they were obligated to follow guidelines as set forth in the Constitution. He referred to the 1st Amendment and said art was free speech and helped to mold society. He said when free speech was going to be regulated there had to be a stated legitimate governmental purpose, it had to be drafted to take care of the legitimate purpose, and there had to be documentation that it would rationally relate to taking care of the purpose. He also said the regulation had to be handled uniformly and not arbitrarily. He expressed concern that Salt Lake City' s law was too broad and did not differentiate between the level of sound, amplification, location, and live entertainment. In his opinion, this law was unconstitutionally over broad since it restricted artistic activities along with undesirable forms of entertainment. He gave examples such as if the opera gave a very long performance extending past the curfew. He said the law needed to be drafted with precision in order to take care of the problem which they wanted to eliminate. He said the image 87-91 • • PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 7, 1987 of the laws had an effect nationwide on tourism and industry in decisions to locate in a new community. He also said the law was selectively enforced and referred to the background music which was allowed to play in all-night restaurants. He said the legislative body needed to respond to changing conditions and said 1 ,200 people in Salt Lake signed a petition in support of the Painted Word. He asked the Council to define the reason for this law and to draft a law to only take care of the problem. Roger Cutler, city attorney, indicated that perhaps the ordinance could be narrowed. In reference to the 1st Amendment issue he said the law was not regulating content but regulating certain activities. He said the police department had suggested a number of facts as to why they felt strongly about the current ordinance. He said he could give Mr. Bachman' s memo consideration. Mr. Bachman referred to a court case in which a similar ordinance was found void. He said in regard to free speech the test was whether there were less drastic means available to accomplish the government' s purpose. He asked if there were less drastic means in this situation to accomplish the purpose. It was his opinion that the court would not allow this ordinance to stand. Councilmember Hardwick suggested that perhaps the City' s ordinance would have to be tested in court and said there weren't enough votes on the Council to change the ordinance. Mr. Cutler said he thought the law was defendable and indicated that he could provide an opinion to the Council . He said the question the Council had to discuss was the policy issue and give him some direction. Councilmember Godfrey suggested that the Council should consider the legal issues involved. Councilmember Mabey said he had problems with entertainment in his area for three years. Council- member Fonnesbeck suggested that the standards could be better defined so the law would go after the specific problems and said the current law just blanketed the entire situation. Mr. Cutler indicated the police concerns involved other viola- tions which could occur in connection with this issue that required additional staffing to monitor, such as liquor violations. Councilmember Godfrey said he would like an opinion from the attorney' s office regarding the question of constitutionality and Councilmember Bittner asked for a memo from Mr. Cutler. The meeting adjourned at 8:10 p.m. CO HATRPERSON Cif Y RECORDER 87-92 sei E S Cam'--c,T— /o h11 IX o,-- --7/o c_?D© ' SALT LAKE CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS SUITE 300, CITY HALL 324 SOUTH STATE STREET Tuesday, April 14, 1987 6:00 p.m. A. BRIEFING SESSION: 5:00 - 5:55 p.m. , Suite 300 City Hall , 324 South State. 1. Report of the Executive Director. B. OPENING CEREMONIES: 1. Invocation. 2. Pledge of Allegiance. 3. Approval of the Minutes . C. COMMENTS: 1. Questions to the Mayor. 2. Citizen Comments. 3. Mark Finlinson will address the Council concerning the effective date for the rezoning of the block between 500 and 600 South Streets and 900 and 1000 East Streets, the site of the Dresden Place Housing Project . D. CONSENT: 1. Petition No . 400-460, Street Closure at 600 South and 700 West . Consider adopting an ordinance closing two streets located at 600 South and 700 West, Salt--- Lake City, Utah, pursuant to Petition No. 400-460 of 1986. �• (P 86-302) - / i1Aail' 4,ave- cn�treew.�t� � �.� ',one, SAP /�er %�.�; '_ t— i4/ nnai h+qi v S �, )1' ( r j, yip /1 Fa AA-x H� STAFF RECOMMENDATION: Adopt . 2. Board Reappointment and Appointments, Salt Lake City Arts Council . Consider approving the reappointment of William A. Lewis, and the appointments of(Chris Monue—and D'Arcy Ann Dixon to the Salt Lake City Arts Council . (I'87-14) STAFF RECOMMENDATION: Approve . 3. Board Reappointment, Public Utilities Advisory Board. Consider approving the reappointment of Marvin Tuddenham to the Public Utilities Advisory Board. (I 87-9) STAFF RECOMMENDATION: Approve . D. CONSENT AGENDA Cont 'd. 4. TEFRA Hearing, IHC Hospitals, Inc. , Refunding. Set a date, time and place for a public hearing to obtain public comment on issuance by Salt Lake City Corporation of Tax Exempt Revenue Refunding Bonds for IHC, Hospitals, Inc. , and authorize and direct the publication of notice for such public heating. (Q 85-20) - STAFF RECOMMENDATION: Set date. Q F. UNFINISHED COUNCIL BUSINESS. 1. Interlocal Cooperation Agreement, IHC Hospitals, Inc . Refunding. Consider adopting a resolution approving the form of, and authorizing and directing the execution of an Interlocal Cooperation Agreement by and among Salt Lake City Corporation, Sandy City, City of Orem, Mt . Pleasant City, American Fork City, Washington County and Sevier County, providing for the refinancing of certain health care facilities located both inside and outside the boundaries of Salt Lake City Corporation, and refunding bonds by Salt Lake City Corporation, and directing the publication of the resolution and the form of Interlocal Cooperation Agreement . (Q 85-20) Q STAFF RECOMMENDATION: Adopt. 2. Initial Resolution, $110,000,000. Revenue Refunding Bonds for IHC Hospitals, Inc. Consider adopting an Initial Resolution authorizing the issuance of tax-exempt revenue refunding bonds by Salt Lake City Corporation, in an aggregate principal amount not to exceed $110,000,000, for the purpose of refinancing certain health care facilities located both inside and outside the boundaries of Salt Lake City Corporation, and owned and operated by IHC Hospitals, Inc. , and authorizing and directing the publication of a Notice of Bonds to be Issued with respect thereto. (Q 85-20) STAFF RECOMMENDATION: Adopt . 3. Special Improvement District Assessment Ordinance 38-750. Consider adopting an ordinance confirming the equalized assessment rolls and levying a tax in the aggregate amount of $389,037.00 providing for the assessment of property in Salt Lake City, curb and gutter extension No. 38-750 for a new drainage system, curb and gutter and sidewalk and all other miscellaneous work, necessary to complete the improvements; reaffirming the establishment of a Special Improvement Guaranty Fund; and establishing the effective date of this ordinance. (Q84-1) STAFF RECOMMENDATION: Adopt. F. UNFINISHED COUNCIL BUSINESS Cont 'd. 4. Special Improvement District Assessment Ordinance 38-800. Consider adopting an ordinance confirming the equalized assessment rolls and levying a tax in the aggregate amount of $231,324.00 providing for the assessment of property in Salt Lake City, 200 South Street Beatification curb and gutter extension No. 38-800 for construction of decorative sidewalks, new curbs and gutters, street landscaping, sprinkling systems, planters, improved street lighting and new storm drain facilities and all other miscellaneous work; reaffirming the establishment of a special improvement Guaranty Fund; and establishing the effective date of this ordinance. (Q 86-4) STAFF RECOMMENDATION: Adopt . G. PUBLIC HEARINGS. 1 . Protest Hearing, Special Improvement Districts 40-R-13 6:00 p.m. Obtain public protest concerning Salt Lake City Special Improvement District 40-R-13, Concrete Replacement involving State and Main Streets from 900 South to 2100 South along with the connecting streets between them and an area in the Avenues from "A" Street to "E" Street between 4th Avenue and 7th Avenue . (Q 87-3) STAFF RECOMMENDATION: Close Hearing and Direct City Engineer to Tabulate Results. 2. "Special ImT _sp or vement Disrict 38-813. 6:00 p.m. Obtain public protest concerning Salt Lake City Special Improvement District 38-813, curb and gutter extension, non-contiguous streets. (Q 87-4) STAFF RECOMMENDATION: Close Hearing and Direct City Engineer to Tabulate Results. H. ADJOURNMENT DATED April 10, 1987 BY O J1"y ' U DEPUTY CI Y ECORDER STATE OF UTAH ) COUNTY OF SALT LAKE ) ss. On the 10th day of April , 1987, I personally delivered a copy of the foregoing notice to the Mayor and City Council and posted copies of the same in conspicuous view, at the following times and locations within City Hall, 324 South State Street , Salt Lake City, Utah: 1. At 5:00 p.m. in the City Recorder's Office, 5th Floor; and 2. At 5:00 p.m. in the Newsroom, Room 325. DEPUTY CI CORDER Subscribed and sworn to before me this 10th ay of April , 1987. Cf . otary u is residin i the State of Utah My Commission Expires: k/M) APPROVAL: ECUTIVE DIRECTOR SALT LAKE CITY COUNCIL AGENDA **CORRECTED NOTICE** CITY COUNCIL CHAMBERS SUITE 300, CITY HALL 324 SOUTH STATE STREET Tuesday, April 14, 1987 6:00 p.m. D. CONSENT: 4. TEFRA Hearing, IHC Hospitals, Inc . , Refunding. Set a date for a public hearing to be held Tuesday, May 19, 1987 at 6:30 p.m. , to obtain public comment on issuance , by Salt Lake City Corporation of Tax Exempt Revenue Refunding Bonds for IHC, Hospitals, Inc . , and authorize and direct the publication of notice for such public hearing. (Q 85-20) STAFF RECOMMENDATION: SET DATE. DATED BY CI Y C Z14-44.441-Ld STATE OF UTAH ) COUNTY OF SALT LAKE ) ss . On the 13th day of April , 1987, I personally delivered a copy of the foregoing notice to the Mayor and City Council and posted copies of the same in conspicuous view, at the following times and locations within City Hall, 324 South State Street, Salt Lake City, Utah: 1 . At 5:00 p.m. in the City Recorder's Office, 5th Floor; and 2. At 5:00 p.m. in the Newsroom, Room 325. -rti044&14..LL' CI Y ECOR Subscribed and sworn to before me this 13th day of April , 1987. No ary public resi ing in the State f Utah My Commission Expires : APPROVAL: XECUTIVE DIRECTOR SALT LAKE CITY ORDINANCE No. of 1986 (Closing of two streets located at 600 South and 700 West, Salt Lake City,Utah, pursuant to Petition No. 400-460 of 1986) AN ORDINANCE CLOSING TWO UNIMPROVED STREETS AT 600 SOUTH AND 700 WEST IN SALT LAKE CITY, UTAH. The City Council of Salt Lake City, Utah, finds after public hearing that the City's interest in the public streets described below are no longer necessary for use by the public as streets and that closure of said streets with the reservation of certain easements will not be adverse to the general public's interest nor will it relinquish or terminate the City's interest in the underlying property, without separate documents of transfer. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City,Utah: SECTION 1. That the public streets which are the subject of Petition No. 400- 460, which are more particularly described below, be, and the same hereby are CLOSED and declared no longer to be needed or available for use as a public right of way; and the title to the City's interest thereon shall be reserved and retained by Salt Lake City Corporation: Parcel 1: Beginning at a point that is the Northeast corner of Lot 12, Block 2, • Kimball's Subdivision, of the amended Block 14 of Plat 1, Official Survey , of Plat C, Salt Lake City Survey; thence S.89°04'36"E. 65.51 feet; thence S.0°00'55"E. 320.95 feet to a State Highway (I-15) N/A line, Utah Division of Transportation drawing number 3-R/W-4; thence t , N.89°48'19"W. 19.56 feet along N/A line; thence N.20°59'46"W. 128.34 feet along N/A line to a point on the East line of Lot 4,Block 2, Kimball's Subdivision; thence N.0°00'55"W. 202.09 feet along the East line of Lots 4 thru 12, Block 2, Kimball's Subdivision to the point of beginning, containing 0.420 acres more or less. Parcel 2: Beginning at the Northeast corner of Lot 12, Block 2, Kimball's Subdivision, of the amended Block 14, Plat 1, Official Survey of Plat C, Salt Lake City Survey; thence S.89°57'34"W. 77.45 feet along the North , line of Lot 12, Block 2, Kimball's Subdivision to a State Highway (I-15) .�� N/A line, Utah Division of Transportation drawing number 3-R/W-4; g ' thence N.20°59'46"W. 141.11 feet along the State Highway N/A line to I�,r'Z l� the South line of Lot 27, Block 2, Pitt's Subdivision, of the amended j Block 23, Plat 4, Official Survey of Plat C; thence N.89°57'43"E. 129.47 feet along the South line of Lot 27, Block 2, Pitt's Subdivision to the Southeast corner of Lot 27, Block 2, Pitt's Subdivision; thence S.0°38'13"W. 131.78 feet to the point of beginning, containing 0.313 acres more or less. DISCLAIMER. Said closure is expressly made subject to all existing rights of way and easements of all public utilities of any and every description now located on and under or over the confines of the above-described property and also subject to the rights of entry thereon for the purposes of maintaining, altering, repairing, removing or rerouting said utilities, including the City's water and sewer facilities, and all of them. Said closure is subject to any existing rights of way or easements of private third parties. SECTION 2. EFFECTIVE DATE: This Ordinance shall become effective on the date of its first publication. • Passed by the City Council of Salt Lake City,Utah this day of , 1986. CHAIRPERSON A"1"1'hST: • CITY RECORDER t3� -2- Transmitted to Mayor on Mayor's Action: Approved. Vetoed. MAYOR A 1-1'LST: CITY RECORDER BRBpp861 -3- TRANSIENT SHELTER PARCEL 1 < � The following description is for a parcel of land in the right- of-way of 700 West Street adjoining Lots 4 thru 12 of Block 2 , Kimball ' s Subdivision , of the amended Block 14 of Plat 1 , Official Survey of Plat C , Salt Lake City Survey , Salt Lake City and County , Utah , described as follows : beginning at a point that is the Northeast corner of Lot 12 , Block 2 , Kimball ' s Subdivision , of the amended Block 14 of Plat 1 , Official Survey of Plat C , Salt Lake City Survey ; thence S .89°04 ' 36 " E . 65 . 51 feet ; thence S .0°00 ' 55 " E . 320 .95 feet to a State Highway ( I- 15 ) N/A line , Utah Division of Transportation drawing number 3-R/W-4 ; thence N .89°48 ' 19 "W. 19 . 56 feet along N/A line ; thence N . 20°59 ' 46 "W. 128 .34 feet along N/A line to a point on the East line of Lot 4 , Block 2 , Kimball ' s Subdivision ; thence N .0°00 ' 55"W . 202 .09 feet along the East line of Lots 4 thru 12 , Block 2 , Kimball ' s Subdivision to the point of beginning , containing 0 .420 acres more or less . 6 J217 <desc>Trans Shelter TRANSIENT SHELTER PARCEL 2 9 ;t The following description is for a parcel of land in the right- of-way of 600 South Street adjoining Lot 12 of Block 2 , Kimball ' s Subdivision , of the amended Block 14 of Plat 1 , Official Survey of Plat C , Salt Lake City Survey and adjoining Lot 27 of Block 2 , Pitt ' s Subdivison , of the amended Block 23 of Plat 4 , Official Survey of Plat C , Salt Lake City Survey , Salt Lake City and County , Utah described as follows : beginning at the Northeast corner of Lot 12 , Block 2 , Kimball ' s Subdivision , of the amended Block 14 , Plat 1 , Official Survey of Plat C , Salt Lake City Survey ; thence S .89°57 ' 34 "W . 77 .45 feet along the North line of Lot 12 , Block 2 , Kimball ' s Subdivision to a State Highway ( I-15 ) N/A line , Utah Division of Transportation drawing number 3-R/W-4 , thence N .20°59 ' 46 "W. 141 . 11 feet along the State Highway N/A line to the South line of Lot 27 , Block 2 , Pitt ' s Subdivision , of the amended Block 23 , Plat 4 , Official Survey of Plat C ; thence N .89°57 ' 43" E . 129 .47 feet along the South line of Lot 27 , Block 2 , Pitt ' s Subdivision to the Southeast corner of Lot 27 , Block 2 , Pitt ' s Subdivision ; thence S .0°38 ' 13" W . 131 .78 feet to the point of beginning , containing 0 . 313 acres more or less . . �o -g7 <desc>Trans Shelter TRANSIENT SHELTER PARCEL 3 The following description is for a parcel of land including part of Lots 4 thru 12 of Block 2 , Kimball ' s Subdivision , of the amended Block 14 of Plat 1 , Official Survey of Plat C , Salt Lake City Survey , Salt Lake City and County , Utah , described as follows : beginning at a point that is the Northeast corner of Lot 12 , Block 2 , Kimball ' s Subdivision , of the amended Block 14 of Plat 1 , Official Survey of Plat C , Salt Lake City Survey ; thence S .O°00 ' 55 " E . 202 .00 feet along the East line of Block 2 , Kimball ' s Subdivision to a point on the East line of Lot 4 , Block 2 , Kimball ' s Subdivision ; thence N .2O°59 ' 46 "W. 216 . 31 feet along a State Highway ( I-15 ) N/A line , Utah Division of Transportation drawing number 3-R/W-4 to a point on the North line of Lot 12 , Block 2 , Kimball ' s Subdivision ; thence N.89°57 ' 34 " E . 77 .45 feet along the North line of Lot 12 to the point of beginning , contains 0 . 18 acres more or less . <desc>Trans Shelter k �� RECEIVE t) CITY ATTORNEY'S OFFICE If f ' ' / s D'aTE-------- � ( � ADMINISTRATIVE`SERVICES_DEPARTMENT KATHRYN MARSHALL ' ,';;'c.` ` ` ,:i ,� -- -, City"Recorder : ° PALMER DEPAULIS CITY RECORDER 324 SOUTH STATE STREET, 5TH FLOOR MAYOR SALT LAKE"C1T-Y;__UTAH 8411 l_ -iaoi i-53 -7671 ; ` December 10, 1986 Memo to Roger Cutler, City Attorney Salt Lake City Hall , 5th Floor On December 2, 1986, the Salt Lake City Council held a hearing to discuss Petition 400-460 by Salt Lake City Corporation, Eric Thorpe, Real Property Management Dvision, requesting that two streets locatd at 600 South and 700 West be closed. After public comment the Council closed the hearing and voted to close the streets with the city maintaining ownership. They also wanted the legal descriptions of the property corrected and the lower section of property (700 West section) not to be included as part of the property leased to the state until a decision is made regarding the trailers on that property. Attached is the original ordinance. Please make the necessary changes so it can be adopted by the Council . You may want to talk to Eric Thorpe regarding the legal description of the property. Thank you. : 11 Kathr arshall City rcorder KM/bh P 86-302 Date: December 2, 1986 Submitted By: Subject: Petition 400-460, Salt Lake City Corporation, requesting two streets located at 600 South and 700 West be closed, and adopting the ordinance relating thereto #1 . MOTION MOVED: 2ND: litAtILA-?-416- RECOMMENDED MOTIONS: I e that we adopt the ordinance closing two unimpro reets located at 600 South and 700 West, and request the a eep Council Member Mabey informed of the negotiations ing lease of the property a'AfrLL-' --(Afrl° AAM:4 "11VC41A-1-1) -17t • 411.A. lifted..0. /) it/trinlik.4--OLLAdi 661)14"# . '-' ' de:484-644..4.424, ,Arz4.4 .0 #2. VOTE Aye: Nay: - Absent: UNANIMOUS 0 0 UNANIMOUS 1-1 Bittner I_I Bittner In Bittner Mabey Mabey I I Mabey (_I Fonnesbeck Fonnesbeck 1 Fonnesbeck Hardwick _ Hardwick Hardwick Godfrey _ Godfrey Godfrey — Kirk Kirk !--- Kirk Stoler _ Stoler I_ Stoler —' The above action, as indicated by paragraphs 1 and 2, constitutes the official act' taken by the Salt Lake City Council on the above date. ATTEST: �� 001,4 --41-, iTY RECORDER OUNCIL t IRP SON MINUTE ENTRY Petition 400-460 by Salt Lake City Corporation RE: A public hearing at 6:30 p.m. regarding the request that two streets located at 600 South and 700 West he closed. ACTION: Councilmember Mabey moved and Councilmember Godfrey seconded to close the public hearing, which motion carried, all members voting aye. • Councilmember Mabey moved and Councilmember Bittner seconded to close the two unimproved streets with the city maintaining ownership, correct the legal descriptions of the property, and not lease the 700 West section of property until a decision was made regarding the trailers currently at the site, which motion carried, all members voting aye. - DISCUSSION: Mark Hafey, planning and zoning, outlined the area on a map and explained that this same request was before the Council in 1984 at which time they closed the streets contingent upon the state purchasing the property. He said that the state did not have money to purchase the property so the ordinance expired and explained that since that time the city had put trailers on the 700 West portion of property for transient shelters. He said the Council needed to consider a new ordinance closing the streets with the city retaining ownership and needed to consider entering into a lease agreement with the state so they could use the property as was previously requested. Councilmember Mabey suggested that the request be approved but he said only the property under the freeway should he leased at this time until the city could decide what to do with the trailers. He said the state wanted to use the site to store equipment and vehicles. There were no comments from the public. (P 86-302) h �5'9t37.°3 S.T. ..�.. �4vo0 .•%G • II o ° • L. ki •fog 0k Gi • 8o G. ,L�'0° , 0 01% , .,p.W' ..-a,V3a N p. N0 GO 4 Pp• - Z :• 0• 1\ NE �' S- �Y85 y9 %fie • • P .N-.o •j/ - 0 5't.6; �•- o z In co -- t ..� fm I� N 7 0 0 W -p . z • i00 5 W— —L va o c�Te 5-3-5724 a) 0 . —'' Z � �' a O N S 1 r 32.oI GB.TS G4.o4 r I • . icn I`" — • I61 N IUI I b O I 0 I I . h e y9 . -• 0 '4 il CI i9o-i- s • \N .T yco • p • jV 3 • • !p .0 1.41 • i CA i A X17-/e.. 61 0 r-- -• 296.99 33.o168.73 64.03 � 011 A?'r / 66O.O �� •w 6 N VACATED ^ 3-5 7 s:24 . a • p 5-3-57so 0 3------S-T-R-EE T--- -_=- - ---- N 6",`^ 7.74 61 • W J • •• 660.0 -- m Da • 70.73 64.03 - _ D_ N ry .y • ram'• t•-- �.. __ ,'sS .. _ - . PALMER DEPAULIS AI I1'_sr Q�area- 1:�� ES MAYOR OFFICE OF THE MAYOR . 324 SOUTH STATE STREET FIFTH FLOOR, SUITE 500 March 17 SALT LAKE Y. UTAH 84111. , 1987 CITY. 535-7704 Roselyn Kirk, Chairperson, and Members of the Salt Lake City Council 324 South State Street Room 300 Salt Lake City, Utah 84111 Dear Roselyn: I am transmitting herewith recommendations for board appointments which I would appreciate the Council to advise and consent upon: SALT LAKE CITY ARTS COUNCIL William A. Lewis, to be reappointed for term extending through 10/00/89. Chris Montague, to be appointed to fill the unexpired term of Dolly Plumb for a term extending through 10/00/88. D'Arcy Ann Dixon, to be appointed to fill the unexpired term of Kathleen Perrin for a term extending through 10/00/87. PUBLIC UTILITIES ADVISORY BOARD Marvin Tuddenham, to be reappointed for a term extending through 12/31/90. I would appreciate your consideration of these appointments and ask that they be placed on the Council 's agenda at the earliest opportunity. If I can provide you with any further information, please don't hesitate to call . • Sincerely, Mayor PD:ec enclosures V13 Salt Lake City, Utah April 14, 1987 A regular meeting of the City Council of Salt Lake City, Salt Lake County, Utah, was held on Tuesday, April 14, 1987, at the hour of 6 :00 p.m. at its regular meeting place of said Council, at which meeting there was present and answering to roll call the following members who constituted a quorum: Roselyn N. Kirk Chairperson Grant Mabey Councilmember Tom Godfrey Councilmember W. M. "Willie" Stoler Councilmember Earl F. Hardwick Councilmember Florence Bittner Councilmember Sydney Reed Fonnesbeck Councilmember Also present: Palmer A. DePaulis Mayor Roger Cutler City Attorney Kathryn Marshall City Recorder Absent : The City Council reviewed the February 4, 1987 Report, Findings, Recommendation and Decision of the Board of Equalization and Review for Salt Lake City, Utah Curb & Gutter Extension No. 38-750. It noted the reported responses to complaints and inquiries concerning construction aspects of improvements within the District . The Council further considered the Recommendation and Decision of the Board of Equalization and Review that the assessment rolls should be adopted and confirmed as modified and equalized. The following ordinance was then introduced in writing, read by title, and pursuant to motion duly made by Councilmember , and seconded by Councilmember adopted by the following vote: YEA: Earl F. Hardwick Grant Mabey W. M. "Willie" Stoler Roselyn N. Kirk Florence Bittner Sydney Reed Fonnesbeck Tom Godfrey NAY: The ordinance was then signed by the Chairperson and recorded by the City Recorder in the official records of Salt Lake City, Utah. The ordinance is as follows : -2- ORDINANCE NO. _ of 1987 AN ORDINANCE CONFIRMING THE EQUALIZED ASSESSMENT ROLLS AND LEVYING A TAX IN THE AGGREGATE AMOUNT OF $389 , 037 . 00 PROVIDING FOR THE ASSESSMENT OF PROPERTY IN SALT LAKE CITY, UTAH CURB AND GUTTER EXTENSION NO. 38-750 FOR THE PURPOSE OF PAYING THE COSTS OF A DRAINAGE SYSTEM, CURB AND GUTTER AND SIDEWALK WHERE IT DID NOT FORMERLY EXIST, REMOVING ALL NON-CONFORMING IMPROVEMENTS IN THE WAY OF NEW IMPROVEMENTS, CONSTRUCTING DRIVEWAYS FROM THE NEW CURB AND GUTTER TO THE STREET EDGE OF SIDEWALKS AND ALL OTHER MISCELLANEOUS WORK, NECESSARY TO COMPLETE THE IMPROVEMENTS IN A PROPER AND WORKMANLIKE MANNER; REAFFIRMING THE ESTABLISHMENT OF A SPECIAL IMPROVEMENT GUARANTY FUND; AND ESTABLISHING THE EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF SALT LAKE CITY, SALT LAKE COUNTY, UTAH: Section 1 . The City Council of Salt Lake City, Utah, hereby confirms the assessment roll as modified, equalized and approved by the Board of Equalization and Review for Salt Lake City, Utah Curb & Gutter Extension No. 38-750 (the "District" ) , and hereby confirms the findings of the Board of Equalization and Review that the proposed list of assessments as equalized and modified by the Board of Equalization and Review for the District is just and equitable; that each piece of property within the District will be benefited in an amount not less than the assessment to be levied against said property; and that no piece of property listed in the assessment list will bear more than its proportionate share of the cost of such improvements. -3- Section 2 . The City Council of Salt Lake City, Utah, does hereby levy a tax to be assessed upon the real property described in the assessment list for the District . The assessments levied upon each block, lot , part of block or lot, tract or parcel of property therein described shall be in the amount set forth in the assessment list, which is hereby incorporated by reference and made a part of this ordinance. The assessments hereby levied are for the purpose of paying the cost of constructing improvements on certain streets within the District consisting of the paving with bituminous surface course placed on compacted gravel base; construction of a drainage system, curb and gutter , sidewalk where it does not now exist; removal of all existing non- conforming improvements in the way of new improvements, construction of driveways from the new curb and gutter to the edge of sidewalks and miscellaneous work necessary to complete the improvements in a proper and workmanlike manner . Said improvements are more particularly described in the assessment list for the District which list has been incorporated herein by reference and made a part of this ordinance. Said assessments are hereby levied and assessed upon each of the blocks, lots, parts of block and lots , tracts or parcels of real property described in the assessment list -4- according to the extent that they are specially benefited by the improvements thereon. Said assessments are levied upon the land and lots in the District at equal and uniform rates. The total cost of the improvements in the District is $1,416, 464 . 04, of which total cost the City' s portion is $1,027,426 . 99 . The balance to be assessed to the owners of property affected or benefited by the improvements in the District is $389,037 . 05, which is the total amount of the assessment hereby levied for the District and which does not exceed the aggregate sum of : (a) the total contract price for the improvements under contract duly let to the lowest and best responsible bidders therefor ; (b) the reasonable cost of utility services, maintenance, labor , materials , or equipment, if any; (c) the property price, if any; (d) connection fees, if any; (e) the interest on any interim warrants issued against the District; and ( f) overhead costs not to exceed fifteen percent (15%) of the sum of (a) , (b) , (c) and (d) . The interim warrants issued to finance the cost of construction were purchased by the City from the District in the form of advances from pooled cash of the City paid as construction progress installments became payable. The amount of the advances were determined by the negative cash balance of the District. The interest which has been included in the amount to be assessed has accrued on the negative cash balance . The rate of interest charged for this -5- interim warrant financing has been the City' s investment rate which has been significantly less than the market rate for interim warrants sold on the open market . Section 3 . The assessment list made by the City Treasurer for the property in the ,District as modified, equalized and approved by the Board of Equalization and Review, is hereby confirmed and the assessments made and returned in said completed list and the report , recommendation and decision of the Board of Equalization and Review to the City Council of Salt Lake City, Utah, are hereby ratified, approved and confirmed. Section 4 . This tax is levied and assessed at equal and uniform rates on property within the District . Section 5. The whole or any part of the assessments for the District may be paid without interest within fifteen ( 15) days after this ordinance becomes effective. Any part of the assessment not paid within such fifteen ( 15) day period shall be payable over a period not to exceed ten (10) years from the effective date of this Ordinance in ten (10 ) substantially equal annual installments with interest on the unpaid balance of the assessment at the rate of the net effective rate of the assessment bonds to be issued. Interest from the effective date of this Ordinance shall be paid in addition to the amount of each such installment annually at the time each installment becomes due. After said fifteen (15) day period, all unpaid installments of an -6- assessment levied against any piece of property (but only in their entirety) may be paid prior to the dates on which they become due, but any such prepayment must include an additional amount equal to the interest which would accrue on the assessment to the next succeeding date on which interest is payable on any special assessment bonds issued in anticipation of the collection of the assessments plus such additional amount as, in the opinion of the City Treasurer , is necessary to assure the availability of money to pay interest on the special assessment bonds as interest becomes due and any premiums which may become payable on redeemable bonds which may be called in order to utilize the assessments thus paid in advance. Default in the payment of any installment of principal or interest when due shall cause the whole of the unpaid principal and interest to become due and payable immediately, and the whole amount of the unpaid principal shall thereafter draw interest at the rate of eighteen percent ( 18% ) per annum until paid, but at any time prior to the date of sale or foreclosure the owner may pay the amount of all unpaid installments past due, with interest at the rate of 18% per annum to date of payment on the delinquent installments, and all approved costs, and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not occurred. -7- Section 6. The City Council of Salt Lake City, Utah does hereby reaffirm the creation of a special improvement guaranty fund and shall at the time of each annual appropriation ordinance, so long as any special assessment bonds of Salt Lake City remain outstanding, transfer to said fund each year such amount as a levy of a tax rate of . 002 will produce, either through a levy of a tax rate of not to exceed . 002 in any one year or by the issuance of general obligation bonds or by appropriation from other available sources, for the purpose of guaranteeing to the extent of such fund the payment of special assessment bonds and interest thereon issued against local improvement districts for the payment of local improvements therein, all in the manner and to the extent provided by the laws of the State of Utah. Section 7 . The officials of Salt Lake City, Utah, are hereby authorized and directed to take all action necessary and appropriate to effectuate the provisions of this ordinance. Section 8. All ordinances or parts thereof in conflict with this ordinance are hereby repealed. Section 9. An emergency is hereby declared, the preservation of peace, health and safety of Salt Lake City and the inhabitants thereof so requiring. Immediately after its adoption, this ordinance shall be signed by the Chairperson and City Recorder and shall be recorded in the -8- ordinance book kept for that purpose. Said ordinance shall be published once in the Deseret News, a newspaper published and having general circulation in Salt Lake City, Utah, and shall take effect immediately upon its passage, approval and publication as required by law. Section 10. The City Recorder is hereby authorized and directed to file a copy of the assessment ordinance and final assessment list within five (5) days from the date hereof in the Salt Lake County Recorder ' s office. If the assessment ordinance incorporates the assessment list by reference, the City Recorder is further directed to file a copy of the final assessment list with the Salt Lake County Recorder . Section 11 . The City Treasurer is hereby authorized and directed to give notice of assessment by mail to the property owners in the District . Said notice shall, among other things, state the amount of the assessment and the terms of payment, a copy of the form of notice of assessment is available for examination upon request at the office of the City Recorder . -9- ADOPTED AND APPROVED by the City Council of Salt Lake City, Utah, this _ day of April, 1987 . Chairperson ATTEST: City Recorder ( S E A L ) • -10- After conduct of other business not pertinent to the above, on motion duly made, seconded and carried, the meeting was adjourned. Chairperson ATTEST: City Recorder ( S E A L ) -11- STATE OF UTAH ) ss . COUNTY OF SALT LAKE ) I , Kathryn Marshall, the duly appointed, qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify as follows : That the foregoing pages constitute a full, true and correct copy of the record of the proceedings of the City Council of Salt Lake City, Utah, at its regular meeting held on April 14, 1987 insofar as said proceedings relate to or concern Salt Lake City, Utah Curb & Gutter Extension No. 38- 750 as the same appears of record in my office. I personally attended said meeting and the proceedings were in fact held as specified in said minutes. If further certify that the Ordinance levying the special assessments was recorded by me in the official records of said City on the day of April, 1987 . I further certify that said Ordinance was published one time in the Deseret News, the publication affidavit of which is attached hereto. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City as of this day of April , 1987 . City Recorder ( S E A L ) -12- STATE OF UTAH ) ss. AFFIDAVIT OF MAILING COUNTY OF SALT LAKE ) NOTICE OF ASSESSMENT I , Cheryl D. Cook, the duly appointed, qualified and acting City Treasurer of Salt Lake City, Utah, do hereby certify that on the day of , 1987, I caused to be mailed a Notice of Assessment to each property owner in Salt Lake City, Utah Curb and Gutter Extension No. 38-750 , by United States Mail, postage prepaid, at the last known address of such owner . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City as of this day of April, 1987 . City Treasurer ( S E A L ) -13- PROOF OF PUBLICATION Attached to this page is the Proof of Publication, indicating by the affidavit of the publisher that the said Ordinance levying the special assessments which was contained in the Ordinance adopted by the Salt Lake City Council on the 14th day of April, 1987 , was published one time in the Deseret News. -14- STATE OF UTAH ) ss . CERTIFICATE OF FILING COUNTY OF SALT LAKE ) I, Kathryn Marshall, the duly qualified City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify that on the day of , 19_, pursuant to Utah Code Annotated, Section 10-16-7 1953 , as amended, a copy of the Notice of Intention and resolution creating Salt Lake City, Utah Curb & Gutter Extension No. 38-750, as finally approved, was filed in the Salt Lake County Recorder ' s Office. I further certify that on the day of 1987, pursuant to Utah Code Annotated, Section 10-16-18 1953 , as amended, a copy of the assessment ordinance and final assessment list was filed in the Salt Lake County Recorder ' s Office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Municipality as of this day of , 1987 . City Recorder ( S E A L ) -15- STATE OF UTAH ) CERTIFICATE OF COMPLIANCE : ss WITH OPEN MEETING LAW COUNTY OF SALT LAKE ) I , Kathryn Marshall, the duly qualified City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify: (a) that in accordance with the requirements of Section 52-4-6(1 ) , Utah Code Annotated 1953, as amended, public notice of the 1987 Annual Meeting Schedule of the City Council of Salt Lake City ( the "Council" ) was given, specifying the date, time and place of the regular meetings of the Council scheduled to be held during the year 1987 , by causing a Notice of Annual Meeting Schedule for the Council to be posted on January 2, 1987 , at the temporary office of the Council at 324 South State Street , Salt Lake City, Utah; said Notice of Annual Meeting Schedule having continuously remained so posted and available for public inspection during regular office hours at 324 South State Street until the date hereof; and causing a copy of the Notice of Annual Meeting Schedule to be provided on January 2, 1987 , to at least one newspaper of general circulation within the geographic jurisdiction of the Municipality or to a local media correspondent; (b) that in accordance with the requirements of Section 52-4-6( 2) , Utah Code Annotated 1953 , as amended, public notice of the regular meeting of the Council on April 14, 1987 , was given by specifying in a Notice of Regular Meeting -16- the agenda, date, time and place of the April 14 , 1987 Council Meeting and by causing the Notice of Regular Meeting to be posted at the temporary office of the Council at 324 South State Street in Salt Lake City, Utah, on the 10th day of April , 1987 , a date not less than 24 hours prior to the date and time of the April 14 , 1987 regular meeting; said Notice of Regular Meeting having continuously remained so posted and available for public inspection during the regular office hours at 324 South State Street until the date and time of the April 14 , 1987 regular Council meeting; and causing a copy of the Notice of Regular Meeting to be provided on April 10 , 1987 , to at least one newspaper of general circulation within the geographic jurisdiction of the Municipality or to a local media correspondent . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this day of April, 1987. City Recorder [ S E A L ] -17- Fy( Salt Lake City, Utah April 14, 1987 A regular meeting of the City Council of Salt Lake City, Salt Lake County, Utah, was held on Tuesday, April 14 , 1987 , at the hour of 6 : 00 p.m. at its regular meeting place of said Council, at which meeting there was present and answering to roll call the following members who constituted a quorum: Roselyn N. Kirk Chairperson Grant Mabey Councilmember Tom Godfrey Councilmember W. M. "Willie" Stoler Councilmember Earl F. Hardwick Councilmember Florence Bittner Councilmember Sydney Reed Fonnesbeck Councilmember Also present: Palmer A. DePaulis Mayor Roger Cutler City Attorney Kathryn Marshall City Recorder Absent: The City Council reviewed the February 4, 1987 Report, Findings, Recommendation and Decision of the Board of Equalization and Review for Salt Lake City, Utah 200 South Street Beautification Curb and Gutter Extension No. 38-800 . It noted the reported responses to complaints and inquiries concerning construction aspects of improvements within the District . The Council further considered the Recommendation and Decision of the Board of Equalization and Review that the assessment rolls should be adopted and confirmed as equalized. The following ordinance was then introduced in writing, read by title, and pursuant to motion duly made by Councilmember , and seconded by Councilmember adopted by the following vote: YEA: Earl F. Hardwick Grant Mabey W. M. "Willie" Stoler Roselyn N. Kirk Florence Bittner Sydney Reed Fonnesbeck Tom Godfrey NAY: The ordinance was then signed by the Chairperson and recorded by the City Recorder in the official records of Salt Lake City, Utah. The ordinance is as follows : -2- ORDINANCE NO. _ of 1987 AN ORDINANCE CONFIRMING THE EQUALIZED ASSESSMENT ROLLS AND LEVYING A TAX IN THE AGGREGATE AMOUNT OF $231, 324 . 00 PROVIDING FOR THE ASSESSMENT OF PROPERTY IN SALT LAKE CITY, UTAH 200 SOUTH STREET BEAUTIFICATION CURB AND GUTTER EXTENSION NO. 38-800 FOR THE PURPOSE OF PAYING THE COSTS OF CONSTRUCTION OF DECORATIVE SIDEWALKES, NEW CURBS AND GUTTERS, STREET LANDSCAPING, SPRINKLING SYSTEMS, PLANTERS, IMPROVED STREET LIGHTING AND NEW STORM DRAIN FACILITIES AND ALL OTHER MISCELLANEOUS WORK, NECESSARY TO COMPLETE THE IMPROVEMENTS IN A PROPER AND WORKMANLIKE MANNER; REAFFIRMING THE ESTABLISHMENT OF A SPECIAL IMPROVEMENT GUARANTY FUND; AND ESTABLISHING THE EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF SALT LAKE CITY, SALT LAKE COUNTY, UTAH: Section 1 . The City Council of Salt Lake City, Utah, hereby confirms the assessment roll as equalized and approved by the Board of Equalization and Review for Salt Lake City, Utah 200 South Street Beautification Curb and Gutter Extension No. 38-800 (the "District" ) , and hereby confirms the findings of the Board of Equalization and Review that the proposed list of assessments as equalized by the Board of Equalization and Review for the District is just and equitable; that each piece of property within the District will be benefited in an amount not less than the assessment to be levied against said property; and that no piece of property listed in the assessment list will bear more than its proportionate share of the cost of such improvements. -3- Section 2 . The City Council of Salt Lake City, Utah, does hereby levy a tax to be assessed upon the real property described in the assessment list for the District . The assessments levied upon each block, lot, part of block or lot, tract or parcel of property therein described shall be in the amount set forth in the assessment list, which is hereby incorporated by reference and made a part of this ordinance. The assessments hereby levied are for the purpose of paying the cost of constructing improvements on certain streets within the District consisting of the construction of decorative sidewalks, new curbs and gutters, street landscaping, sprinkling systems, planters, improved street lighting, new storm drain facilities and other miscellaneous work necessary to complete the improvements in a proper and workmanlike manner . Said improvements are more particularly described in the assessment list for the District which list has been incorporated herein by reference and made a part of this ordinance. Said assessments are hereby levied and assessed upon each of the blocks, lots, parts of block and lots, tracts or parcels of real property described in the assessment list according to the extent that they are specially benefited by the improvements thereon. Said assessments are levied upon the land and lots in the District at equal and uniform rates . -4- The total cost of the improvements in the District is $405,580. 09, of which total cost the City' s portion is $174, 256 . 42 . The balance to be assessed to the owners of property affected or benefited by the improvements in the District is $231, 323.67 , which is the total amount of the assessment hereby levied for the District and which does not exceed the aggregate sum of : (a) the total contract price for the improvements under contract duly let to the lowest and best responsible bidders therefor; (b) the reasonable cost of utility services , maintenance, labor , materials, or equipment, if any; (c) the property price, if any; (d) connection fees, if any; (e) the interest on any interim warrants issued against the District; and ( f) overhead costs not to exceed fifteen percent ( 15%) of the sum of (a) , (b) , (c) and (d) . The interim warrants issued to finance the cost of construction were purchased by the City from the District in the form of advances from pooled cash of the City paid as construction progress installments became payable. The amount of the advances were determined by the negative cash balance of the District. The interest which has been included in the amount to be assessed has accrued on the negative cash balance. The rate of interest charged for this interim warrant financing has been the City ' s investment rate which has been significantly less than the market rate for interim warrants sold on the open market . -5- Section 3. The assessment list made by the City Treasurer for the property in the District as approved, equalized and completed by the Board of Equalization and Review, is hereby confirmed and the assessments made and returned in said completed list and the report, recommendation and decision of the Board of Equalization and Review to the City Council of Salt Lake City, Utah, are hereby ratified, approved and confirmed. Section 4. This tax is levied and assessed at equal and uniform rates on such property. Section 5. The whole or any part of the assessments for the District may be paid without interest within fifteen ( 15) days after this ordinance becomes effective. Any part of the assessment not paid within such fifteen ( 15 ) day period shall be payable over a period not to exceed ten ( 10 ) years from the effective date of this Ordinance in ten ( 10) substantially equal annual installments with interest on the unpaid balance of the assessment at the rate of the net effective rate of the assessment bonds to be issued. Interest from the effective date of this Ordinance shall be paid in addition to the amount of each such installment annually at the time each installment becomes due. After said fifteen ( 15) day period, all unpaid installments of an assessment levied against any piece of property (but only in their entirety) may be paid prior to the dates on which they become due, but any such prepayment must include an -6- additional amount equal to the interest which would accrue on the assessment to the next succeeding date on which interest is payable on any special assessment bonds issued in anticipation of the collection of the assessments plus such additional amount as, in the opinion of the City Treasurer , is necessary to assure the availability of money to pay interest on the special assessment bonds as interest becomes due and any premiums which may become payable on redeemable bonds which may be called in order to utilize the assessments thus paid in advance. Default in the payment of any installment of principal or interest when due shall cause the whole of the unpaid principal and interest to become due and payable immediately, and the whole amount of the unpaid principal shall thereafter draw interest at the rate of eighteen percent (18%) per annum until paid, but at any time prior to the date of sale or foreclosure the owner may pay the amount of all unpaid installments past due, with interest at the rate of 18% per annum to date of payment on the delinquent installments, and all approved costs, and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not occurred. Section 6 . The City Council of Salt Lake City, Utah does hereby reaffirm the creation of a special improvement guaranty fund and shall at the time of each annual appropriation ordinance , so long as any special assessment -7- bonds of Salt Lake City remain outstanding, transfer to said fund each year such amount as a tax levy of not to exceed a tax rate of . 002 will produce, either through a levy of a tax of not to exceed a tax rate of . 002 in any one year or by the issuance of general obligation bonds or by appropriation from other available sources, for the purpose of guaranteeing to the extent of such fund the payment of special assessment bonds and interest thereon issued against local improvement districts for the payment of local improvements therein, all in the manner and to the extent provided by the laws of the State of Utah. Section 7 . The officials of Salt Lake City, Utah, are hereby authorized and directed to take all action necessary and appropriate to effectuate the provisions of this ordinance. Section 8. All ordinances or parts thereof in conflict with this ordinance are hereby repealed. Section 9. An emergency is hereby declared, the preservation of peace, health and safety of Salt Lake City and the inhabitants thereof so requiring. Immediately after its adoption, this ordinance shall be signed by the Chairperson and City Recorder and shall be recorded in the ordinance book kept for that purpose. Said ordinance shall be published once in the Deseret News, a newspaper published -8- and having general circulation in Salt Lake City, Utah, and shall take effect immediately upon its passage, approval and publication as required by law. Section 10 . The City Recorder is hereby authorized and directed to file a copy of the assessment ordinance and final assessment list within five ( 5) days from the date hereof in the Salt Lake County Recorder ' s office. If the assessment ordinance incorporates the assessment list by reference, the City Recorder is further directed to file a copy of the final assessment list with the Salt Lake County Recorder . Section 11 . The City Treasurer is hereby authorized and directed to give notice of assessment by mail to the property owners in the District . Said notice shall, among other things, state the amount of the assessment and the terms of payment, a copy of the form of notice of assessment is available for examination upon request at the office of the City Recorder . -9- ADOPTED AND APPROVED by the City Council of Salt Lake City, Utah, this _ day of April , 1987 . Chairperson ATTEST: City Recorder ( S E A L ) -10- After conduct of other business not pertinent to the above, on motion duly made, seconded and carried, the meeting was adjourned. • Chairperson ATTEST: City Recorder ( S E A L ) -11- STATE OF UTAH . ss . COUNTY OF SALT LAKE I , Kathryn Marshall, the duly appointed, qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify as follows: That the foregoing pages constitute a full, true and correct copy of the record of the proceedings of the City Council of Salt Lake City, Utah, at its regular meeting held on April 14 , 1987 insofar as said proceedings relate to or concern Salt Lake City, Utah 200 South Street Beautification Curb and Gutter Extension No. 38-800 as the same appears of record in my office. I personally attended said meeting and the proceedings were in fact held as specified in said minutes. If further certify that the Ordinance levying the special assessments was recorded by me in the official records of said City on the day of April , 1987 . I further certify that said Ordinance was published one time in the Deseret News, the publication affidavit of which is attached hereto. -12- IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City as of this day of April, 1987 . City Recorder ( S E A L ) -13- STATE OF UTAH ss . AFFIDAVIT OF MAILING COUNTY OF SALT LAKE ) NOTICE OF ASSESSMENT I , Cheryl D. Cook , the duly appointed, qualified and acting City Treasurer of Salt Lake City, Utah, do hereby certify that on the day of , 1987 , I caused to be mailed a Notice of Assessment to each property owner in Salt Lake City, Utah 200 South Street Beautification Curb and Gutter Extension No. 38-800 , by United States Mail, postage prepaid, at the last known address of such owner . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City as of this day of April , 1987 . City Treasurer ( S E A L ) -14- PROOF OF PUBLICATION Attached to this page is the Proof of Publication, indicating by the affidavit of the publisher that the said Ordinance levying the special assessments which was contained in the Ordinance adopted by the Salt Lake City Council on the 14th day of April, 1987 , was published one time in the Deseret News. -15- STATE OF UTAH ) . ss. CERTIFICATE OF FILING COUNTY OF SALT LAKE ) I , Kathryn Marshall, the duly qualified City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify that on the day of , 19 , pursuant to Utah Code Annotated, Section 10-16-7 1953 , as amended, a copy of the Notice of Intention and resolution creating Salt Lake City, Utah 200 South Street Beautification Curb and Gutter Extension No. 38-800 , as finally approved, was filed in the Salt Lake County Recorder ' s Office. I further certify that on the day of , 1987 , pursuant to Utah Code Annotated, Section 10-16-18 1953, as amended, a copy of the assessment ordinance and final assessment list was filed in the Salt Lake County Recorder ' s Office . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Municipality as of this day of , 1987 . City Recorder ( S E A L ) -16- STATE OF UTAH ) CERTIFICATE OF COMPLIANCE : ss WITH OPEN MEETING LAW COUNTY OF SALT LAKE I , Kathryn Marshall , the duly qualified City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify: (a) that in accordance with the requirements of Section 52-4-6 ( 1) , Utah Code Annotated 1953, as amended, public notice of the 1987 Annual Meeting Schedule of the City Council of Salt Lake City ( the "Council" ) was given, specifying the date, time and place of the regular meetings of the Council scheduled to be held during the year 1987 , by causing a Notice of Annual Meeting Schedule for the Council to be posted on January 2, 1987 , at the temporary office of the Council at 324 South State Street, Salt Lake City, Utah; said Notice of Annual Meeting Schedule having continuously remained so posted and available for public inspection during regular office hours at 324 South State Street until the date hereof; and causing a copy of the Notice of Annual Meeting Schedule to be provided on January 2, 1987, to at least one newspaper of general circulation within the geographic jurisdiction of the Municipality or to a local media correspondent; (b) that in accordance with the requirements of Section 52-4-6 ( 2) , Utah Code Annotated 1953, as amended, public notice of the regular meeting of the Council on April 14, 1987 , was given by specifying in a Notice of Regular Meeting -17- the agenda, date, time and place of the April 14 , 1987 Council Meeting and by causing the Notice of Regular Meeting to be posted at the temporary office of the Council at 324 South State Street in Salt Lake City, Utah, on the 10th day of April, 1987 , a date not less than 24 hours prior to the date and time of the April 14, 1987 regular meeting; said Notice of Regular Meeting having continuously remained so posted and available for public inspection during the regular office hours at 324 South State Street until the date and time of the April 14 , 1987 regular Council meeting; and causing a copy of the Notice of Regular Meeting to be provided on April 10, 1987, to at least one newspaper of general circulation within the geographic jurisdiction of the Municipality or to a local media correspondent . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this day of April, 1987 . City Recorder [ S E A L ] -18-