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04/17/1990 - Minutes (2)
PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CITE", UTAH TUESDAY, APRIL 17, 1990 The City Council of Salt Lake City, Utah, met as the Committee of the Whole on Tuesday, April 17, 1990, at 5:00 p.m. in Room 325, City County Building, 451 South State Street. The following Council Members were present: Ronald Whitehead Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Don Hale Nancy Pace Council Chair Hardman presided at the meeting. Chairman Hardman called the County and representatives from meeting to order. He said the Salt Lake County would be at the only item on the briefing session Council Meeting to brief the agenda was a report by the Execu- Councilmembers. tive Director. Lee King, Capital Planning, Cindy Gust-Jenson said the said Salt Lake County was holding agenda was simple and she had a up all funds until the administra- few comments to make. Regarding tive problems at the Rape Crisis item E-2 concerning the appoint- Center were resolved. ment of Jim Webb to the Magna Mosquito Abatement, she recommend- Councilmember Whitehead asked ed that the Council not interview if the budget cuts by Salt Lake Mr. Webb because the position had County would affect the funding. been vacant for two years. She Mr. King said the budget cuts said Mr. Webb had served on the would not take effect until the Salt Lake City Mosquito Abatement next budget year and this would Board and she did not think the not affect the agreement. Council would question his ability Councilmember Whitehead asked if to serve. Ms. Gust-Jenson asked the funding the City was providing the Council if they were comfort- was for operation costs. Mr. King able with this reappointment said funding from the City would without interviewing Mr. Webb. go for rehabilitation and mainte- nance of the center only. Ms. Councilmember Hardman asked Gust-Jenson said the Council had why the Council was making a already committed the money for reappointment to the Magna Mosqui- this project and it had been to Abatement Board. Ms. Gust- budgeted. Jenson said the Mosquito Abate- ment Board overlapped with Salt Ms. Gust-Jenson said the Lake City. Councilmember Lighting District #1 ordinance was Whitehead said Magna would also not binding and the Council could have to authorize Mr. Webb' s still change their decision. She reappointment to the Board. said the final adoption date was set for June 15, 1990. She said Ms. Gust-Jenson said Item F-1 Scott Vaterlas was present to concerning the interlocal agree- answer any questions the Council ment between Salt Lake County and might have on the Lighting Dis- Salt Lake City for the Rape Crisis trict. Center involved transferring funds Councilmember Whitehead asked for administration by Salt Lake if the opposition to the street 90-124 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 17, 1990 lighting assessments by the school rescheduled. Ms. Gust-Jenson said district would affect the inter- that she would check with the section or crosswalk lighting. Mayor's office to see if the Mr. Vaterlas said their refusal to meeting could be rescheduled. participate would not affect the Councilmember Hardman said these crosswalk lights and there should were voluntary meetings and it be plenty of intersection lighting would not be necessary for members remaining to have sufficient to attend unless they had a par- lighting. ticular issue to discuss. Ms. Gust-Jenson said Items F- Ms. Gust-Jenson said the 3, F-4, and F-5 had new replace- Council Staff would be meeting ment pages which listed tentative with the Mayor' s staff to discuss totals for the Special Improvement lobbying efforts on Thursday District fees and the Council morning, as per the Council- should replace these pages in members' request. their packets. She distributed the revised pages to the Council. Ms. Gust-Jenson said the landfill tour was scheduled for Ms. Gust-Jenson said Item G-2 Thursday at 3:30 p.m. and Council- and Item G-3 concerning the negli- members Pace and Hale would be gently caused fire ordinance and taking the tour. Councilmember hazardous waste ordinance were Pace indicated she may be a little recommended by Councilmember late to the tour because of a Horrocks and that Deputy Chief meeting scheduled prior to the Florence would be present at the tour. meeting to brief the Council. Ms. Gust-Jenson said that the golf budget discussion had been Ms. Gust-Jenson said a rental scheduled for Tuesday, April 24, rehabilitation issue had been left at 5:00 and asked if this would off the agenda and an official create a problem for the Council agenda would be prepared for the because of the District Meeting at Committee of the Whole meeting on 7:00. The Councilmembers indicat- Thursday to discuss this issue. ed that this would not create a problem. Ms. Gust-Jenson said the Mayor' s Roundtable Meeting was Ms. Gust-Jenson asked the scheduled for Thursday, April 19, Council if they would like a tour at 4:00 and the only item on the of the Golf Course' s prior to the agenda was Councilmember Horrocks' meeting on Tuesday as was recom- suggestion to promote Salt Lake mended by Councilmember Hardman. City as a place to live. She said The Councilmembers agreed that if any Councilmembers had items they would like a tour. She asked they wanted to place on the agenda the Council for some possible they should notify her as soon as dates. Councilmember Kirk asked possible because the agenda would if the tour could be scheduled for be prepared on Wednesday. Monday. Ms. Gust-Jenson asked if Councilmember Whitehead requested Monday at 4:00 would be a good that a lobbying update be included time to have the tour. in this meeting and for future Councilmember Horrocks stated that roundtable discussions. he would be out of town and would not be able to attend. Councilmember Pace asked if Councilmember Kirk asked if the the Roundtable Meeting could be tour should be postponed. 90-125 PROCEINGS OF THE CITY COUNCIL OF SALT LAKE CI UTAH TUESDAY, APRIL 17, 1990 Councilmember Pace asked if it was and that it was not required that important to have the tour prior they have a meeting on this date. to the budget discussion. Ms. Gust-Jenson stated that she The meeting was adjourned at thought it would help the Council 5:30 p.m. in making their decision. Councilmember Hale asked if the Council would be touring all of the golf courses. Ms. Gust-Jenson stated that it involved the Air- port and Mountain Dell Courses. The Council decided to conduct the tour on Monday, April 23 at 4:00 p.m. Councilmember Hardman stated that a Committee of the Whole meeting would be held following the Council meeting tonight. Ms. Gust-Jenson stated that two items were on the Committee of the Whole agenda and that these were the Consolidated Dispatch Audit and a reappointment to the Tracy Aviary Board so that the meeting should go fairly quickly. Councilmember Hardman indi- cated that the agenda was becoming full due to the budget process and that rather than have meetings on other nights, he had left it to staff who opted to schedule a Committee of the Whole meeting after the Council meeting to keep the other weeknights open for the Councilmembers. Councilmember Hardman asked the Council if this created a problem for any of them. The Council indicated that this was acceptable to them. Ms. Gust-Jenson stated that she was working on a new calendar and that it should be done by the Thursday meeting. Councilmember Kirk asked if the Council would have a meeting on June 14 if the budget was passed on June 12. Ms. Gust- Jenson stated that this was a decision for the Councilmembers 90-126 PROCEI. INGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 17, 1990 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, April 17, 1990, at 6:00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State Street. The following Council Members were present: Ronald Whitehead Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Don Hale Nancy Pace Mayor Palmer DePaulis, Roger Cutler, City Attorney, Kathryn Marshall, City Recorder, and Lynda Domino, Chief Deputy City Recorder, were present. Council Chair Hardman presided at the meeting and Councilmember Kirk conducted the meeting. OPENING CEREMONIES called the animal control depart- ment which checked into the situa- #1. There was no invocation. tion and said there didn't seem to be a problem with the chickens #2. The Council led the since the area was clean and they Pledge of Allegiance. didn' t violate the noise ordi- nance. She said, however, she was #3. Councilmember Godfrey served a ticket for not having a moved and Councilmember Whitehead permit to keep the chickens. She seconded to approve the minutes of said she went through a process the Salt Lake City Council for the which ended with her appearing regular meeting held Tuesday, before the Board of Health, who April 10, 1990, which motion didn't have a problem with the carried, all members voted aye chickens. She said finally the except Councilmembers Horrocks and city prosecutor discharged the Hale who were absent for the vote. case. (M 90-1) Mrs. Fonnesbeck said the COMMENTS reason she was before the Council was to point out that the law was #1. Sydney Fonnesbeck, 215 A not enforceable. She said the Street, addressed the Council Health Department had suggested regarding the chickens which she this was more of a zoning problem kept in her yard. She said when than a health problem. She sug- she first moved into her house gested that the law be reconsid- there were hoards of grasshoppers ered since it required people to during the summer so she bought have a permit to keep chickens yet chickens, which at that time city no department issued permits. She law allowed. She said recently a offered to work with the Director neighbor complained about her of Animal Control to revise this rooster so she got rid of the law. rooster. She said the neighbor then complained about her three Emilie Charles, Mayor's hens, which didn't make any noise. Office, said the ordinance called for a permit but there was no Mrs. Fonnesbeck said she process to get one. She suggested 90-127 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 17, 1990 that the Council could repeal the 23 of 1990 amending Title 11, section or look at another way of Chapter 12, Section 020 of the addressing the problem. Salt Lake City Code, as amended, relating to disorderly conduct. CONSENT AGENDA (0 90-14) Councilmember Godfrey moved #6. RE: Setting a date to and Councilmember Hardman second- hold a public hearing on May 15, ed to approve the consent agenda, 1990, at 6:30 p.m. to receive which motion carried, all members public comment and consider adopt- voted aye. ing an ordinance rezoning the property located between 800 West #1. RE: Setting a date to Street and I-15 and 700 South to hold a hearing on May 8, 1990, at 1300 South Streets, pursuant to 6:50 p.m. to receive public com- Petition No. 400-751-89 . ment and consider an ordinance (P 89-234) adopting Chapter 18.92 enacting the Uniform Code for Building NEW COUNCIL BUSINESS Conservation with certain amend- ments. #1: RE: An ordinance adding (0 90-17) Sections 2. 59 .010, 2.59.020, 2. 59.030, 2. 59.040, 2. 59.050 and #2. RE: Adopting Resolution 2. 59.060 to the Salt Lake City 44 of 1990 authorizing the execu- Code relating to city subpoenas. tion of an interlocal cooperation agreement between Salt Lake City ACTION: Councilmember Kirk Corporation and the Utah Depart- referred this to the consent ment of Transportation (UDOT) for agenda without objection. the relocation of water and sewer (0 90-19) mains. (C 90-185) #2. RE: The appointment of Jim Webb to the Magna Mosquito #3. RE: Setting a date to Abatement District. hold a hearing on June 5, 1990, at 6:20 p.m. to receive public com- ACTION: Councilmember Kirk ment and consider adopting an referred this to the consent ordinance closing a portion of agenda without objection. South Temple between 450 and 500 (I 90-18) West and vacating a portion be- tween 400 and 450 West pursuant to #3. RE: Receive Mayor Petition No. 400-759-89. DePaulis' recommendations for 16th (P 90-113) Year Community Development Block Grant Funding and set a date to #4. RE: Adopting Ordinance hold a public hearing on May 1, 22 of 1990 enacting Sections 1990, at 6:20 p.m. to receive 12. 56.302, 12. 56.303 and 12. 56. - public comments. 304, and amending subparagraphs A. and B. 1. of Section 12. 56. 550, ACTION: Councilmember Godfrey Salt Lake City Code, relating to moved and Councilmember Hale civil penalties for unauthorized seconded to refer the recommenda- use of high school parking lots. tions to the Committee of the (0 90-15) Whole and set the public hearing date, which motion carried, all #5. RE: Adopting Ordinance members voted aye. 90-128 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 17, 1990 DISCUSSION: Mayor DePaulis * Artspace said the Capital Planning and * Land Write Down Programming Division received 103 * Partial payment on the CDBG proposals which totaled Canterbury Apartments almost $10 million. He said Salt * Community Development Lake City' s allocation this year Corporation was $3, 867,000, which was $80,000 less than last year. He said HUD 2. Street, sidewalk and storm recently cut city funding further drain: 8 proposals, $893,000, 22% by another $40,000. He said staff of the budget. identified $265,000 from previous year' s projects which was rolled * 700 North 300-400 West into this year's proposal so the * Denver Street CDBG funding totaled $4,092,000. * Lake Street * Median Rehabilitation He said CDAC reviewed all the Program proposals, interviewed new appli- * City-Wide Sidewalk, Curb & cants, and held a day-long work- Gutter Condition Inventory shop to formalize their recommen- * Planning/Design CDBG dations. He said city interde- Eligible Streets and Block partmental teams evaluated the Redesign proposals using specific criteria * 400 East Storm Drainage and ranked them by category. He * 100% Sidewalk Replacement said they considered ongoing projects, program benefits, type 3. Parks: 7 proposals, of citizen input, economic incen- $401,000, 10% of the budget. tives, cost benefits, and consis- tency with city-wide policies. He * Install Automatic Irri- said his recommendations were a gation System and Develop compilation of all this informa- Artesian Well in Fairmont tion. Park * Renovate Restrooms and The Mayor then summarized his Picnic Shelter in Jordan recommendations as follows: Park * Improve Lighting for Elks 1. Housing: 12 proposals, Park $1, 676,000, 41% of the budget. * Develop Westpointe Park * Support Nettie Gregory * Assist Emergency Home Center Park Repair * Support Urban Forestry * Redevelopment Agency Management * Neighborhood Security Lock * North Gateway Improvement Program * Neighborhood Housing 4. Building: 1 proposal, Services $30,000, 1% of the budget. * Building and Housing Services Cleaning/Securing * Children' s Museum, to coor- Vacant Property dinate with a rebate for * Operation Paint Brush asbestos removal * Neighborhood Attorney Program 5. Public Service: 10 pro- * Community Services Council posals, $383, 500, 9% of the bud- Low-Income Maintenance get. Program * YWCA Phase II 90-129 PROCEJ. INGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 17, 1990 * Housing Outreach Rental Glaring the intention of the City * Westside Food Pantry Council of Salt Lake City to * Acquire Fellowship Founda- construct improvements on certain tion Building streets within said municipality * Crime Prevention consisting of sewer collection * Travelers' Aid lines and all other miscellaneous * Capitol West Boys/Girls work necessary to complete the Club improvements; to create Salt Lake * Rehabilitation of New Hope City, Utah, Public Utilities * Wasatch Fish/Garden Project District No. 50-1396; to defray * Crossroads Urban Center the cost and expenses of a portion Emergency Food Pantry of said improvement district by special assessments to be levied 6. Urban Amenity: 1 propos- against the property benefited by al, $10,000. such improvements; to provide Notice of Intention to authorize * Neighborhood Self-Help such improvements and to set a Grants date on May 22, 1990 at 5:00 p.m. to hold a hearing for protests 7. Economic Development: 1 against such improvements or the proposal, $8,000. creation of said district; and related matters. * Minority Business Technical Assistance Program. ACTION: Councilmember Godfrey moved and Councilmember Whitehead 8. Planning Projects: 4 seconded to adopt Resolution 45 of proposals, $94, 750, 2% of the 1990, which motion carried, all budget. members voted aye. (Q 90-4) * $31, 250 to begin Rewriting Zoning Ordinance #5. RE: The reappointment * $12,000 Consultant Program of Fred Sanford to the Golf Advi- to help Revitalize Small sory Board. Commercial Areas * $38, 500 Update Housing ACTION: Councilmember Kirk Condition Survey referred this to the consent * 2nd Year Funding for SLACC agenda without objection. Staffing (I 90-5) 9 . Percent for Arts: $3, 650 UNFINISHED COUNCIL BUSINESS 10. Administration: $462, - #1. RE: A resolution autho- 500, 11% of the budget. rizing the execution of an Interlocal Cooperation Agreement 11. Contingency: $129, 600, between Salt Lake City and Salt 3% of the budget. Lake County for improvements at the Rape Crises Center. He said his recommendations emphasized housing and he asked ACTION: Councilmember Whitehead the Council to support Salt Lake moved and Councilmember Godfrey City' s long-term housing needs. seconded to adopt Resolution 46 (T 90-14) of 1990, which motion carried, all members voted aye except Council- #4. RE: A resolution de- member Horrocks who was absent for 90-130 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 17, 1990 the vote. wiring, conduit and junction boxes (C 90-186) to existing poles with and without increase in street lighting power #2 RE: A resolution to and all other miscellaneous work create Salt Lake City, Utah Light- necessary to complete the improve- ing District No. 1, as described ments; reaffirming the establish- in the Notice of Intention, con- ment and providing for the funding cerning the district, with the of a special improvement guaranty exception of the deletion from fund; establishing the effective this district of Signora Drive date of this ordinance; and relat- from 900 West to Los Angeles ed matters. Street and Goodwin Avenue from Catherine Street to Colorado ACTION: Councilmember White- Street; authorizing the City head moved and Councilmember officials to proceed to make Hardman seconded to adopt Ordi- improvements as set forth in the nance 24 of 1990, which motion Notice of Intention to create and carried, all members voted aye operate the district; setting the except Councilmember Horrocks who dates for the Board of Equaliza- was absent for the vote. tion to hear and consider objec- (Q 88-3) tions and corrections to any proposed assessments; and autho- #4. RE: An ordinance con- rizing the City Recorder to pub- firming the assessment rolls and lish and mail a notice of meetings levying an assessment against of the Board of Equalization and certain properties in the special Review; and related matters. improvement district known as Salt Lake City, Utah, Special Improve- ACTION: Councilmember Godfrey ment District No. 38-808, for the moved and Councilmember Hale purpose of paying the costs for seconded to adopt Resolution 47 of construction of designated widths 1990, which motion carried, all of roadway pavement, concrete curb members voted aye except Council- and gutter, turn lanes, asphalt member Horrocks who was absent for shoulder, street drainage facili- the vote. ties, traffic signalization, (Q 90-2) paving of intersections, turn- arounds and intersection and #3. RE: An ordinance con- median improvements and all other firming the assessment rolls and miscellaneous work necessary to levying an assessment against complete the improvements; reaf- certain properties in the special firming the establishment and improvement district known as Salt providing for the funding of a Lake City, Utah, Special Improve- special improvement guaranty fund; ment District No. 38-830 for the establishing the effective date of purpose of paying the costs of this ordinance; and related mat- constructing improvements consist- ters. ing of the removal, replacement or reconstruction of curb, gutter and ACTION: Councilmember Godfrey defective sidewalk, driveways, moved and Councilmember Hale driveway approaches and appurte- seconded to adopt Ordinance 25 of nances; underground vault work; 1990, which motion carried, all installation of lighting fixtures, members voted aye. tree grates, street landscaping, (Q 89-2) underground sprinkling systems, utility relocation, underground #5. An ordinance confirming 90-131 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 17, 1990 the assessment rolls and levying 2. 62.010, et.seq. , dealing with an assessment against certain notification of certain actions to properties in the special improve- recognized or registered organiza- ment district known as Salt Lake tions. City, Utah, California Avenue Curb ACTION: Councilmember Godfrey and Gutter Extension No. 38-724, moved and Councilmember Horrocks for the purpose of paying the seconded to set the date, which costs of constructing improvements motion carried, all members voted to roadways, curb and gutter, aye. driveway approaches, storm drain- (0 90-20) age, utility relocations, traffic lanes, a new bridge over the PUBLIC HEARINGS surplus canal, the construction of California Avenue from Redwood #1. RE: A public hearing at Road to Pioneer Road and all other 6:00 p.m. to receive comment miscellaneous work necessary to concerning a revised and restated complete the improvements; reaf- resolution declaring the intention firming the establishment and of the City Council of Salt Lake providing for the funding of a City to construct improvements in special improvement guaranty fund; the Central Business District establishing the effective date of including curb, gutter, sidewalks this ordinance; and related mat- with brick pavers, driveways, ters. drainage, trees, planters, tie-in paving, irrigation, vault abandon- ACTION: Councilmember Godfrey ment or rebuilding, electrical moved and Councilmember Whitehead systems, street lighting and seconded to adopt Ordinance 26 of operation and maintenance of 1990, which motion carried, all street lighting for one year, and members voted aye. drains and all other miscella- (Q 86-14) neous work necessary to complete the improvements; to create Spe- #6. RE: Set a date to hold cial Improvement District No. 38- a hearing on May 8, 1990, at 7:00 864; to defray the cost and ex- p.m. to receive public comment and penses of a portion of said im- consider adopting an ordinance provement district by special amending Title 2 of the Salt Lake assessments to be levied against City Code by adding a new Chapter the property benefited by such 2. 60.010, et.seq. , dealing with improvements. recognition of neighborhood based organizations. ACTION: Councilmember White- head moved and Councilmember Hale ACTION: Councilmember Godfrey seconded to close the public moved and Councilmember Hardman hearing, which motion carried, all seconded to set the date, which members voted aye. motion carried, all members voted aye. Councilmember Godfrey moved (0 89-20) and Councilmember Whitehead sec- onded to refer the protests to the #7. RE: Set a date to hold city engineering department for a hearing on May 8, 1990, at 7:00 tabulation, which motion carried, p.m. to receive public comment and all members voted aye. consider adopting an ordinance amending Title 2 of the Salt Lake DISCUSSION: Jerry Lyon, city City Code by adding a new Chapter engineering office, said that as 90-132 PROCEh INGS OF THE CITY COUNCIL OF SALT LAKE CIA! UTAH TUESDAY, APRIL 17, 1990 of 5:00 p.m. yesterday, they had over 10 years for the hardware. received one written protest which constituted 1 .02% of the district. Councilmember Godfrey asked He said the property location was if the lights were different from 279 West South Temple. those used in the Lighting Dis- trict. He asked if Salt Lake City John Anderson, attorney shared the cost. representing Heinrich's Texaco Station, complained on the basis Mr. Lyon said Salt Lake City of economic hardship. He said Mr. shared 50% of the cost and the Heinrich had 115 feet fronting fixture would be standard for the South Temple and his assessment Central Business Improvement would be $7, 796.25 for one street District. light. He said there was already an existing street light which Councilmember Pace said the adequately lit this area. He said SID included other improvements there was an assessment of $577.50 and she asked if Mr. Heinrich payable in cash, for the first would get another assessment for year' s operation, which would those improvements. Mr. Lyon said bring Mr. Heinrich' s total assess- Mr. Heinrich was assessed for all ment to $8, 373.75. He said the the work to be done on this block area surrounding Mr. Heinrich's face which included new poles, property was vacant. vaults and conduits, plus he was assessed the cost for one year's Mr. Heinrich, formally pro- operation and maintenance. He tested the lighting and reiterated said the rate was $67. 50 per Mr. Anderson' s comments. lineal foot. Councilmember Whitehead asked Councilmember Godfrey asked for clarification since he said it if this was a new light. Mr. Lyon didn' t make sense to assess that said this was a new pole and a new amount of money for one light. light to replace the existing Mr. Anderson referred to the system. He said it would provide notice of improvements which more light on the block face. stated that the improvement would be a street light. Mr. Heinrich Councilmember Kirk asked if said he attended a meeting and was Mr. Heinrich had redress before told that the only improvement the Board of Equalization. Mr. would be a street light. Lyon said he did and could present his case to the Board when the Mr. Lyon said Mr. Heinrich' s project was completed. portion was to upgrade the light- ing system. He said this included Councilmember Hardman asked new electrical service, conduits if the Council could amend the under the sidewalk, a portion of a district to exclude Mr. Heinrich's vault which would contain electric property. Mr. Lyon said in the gear, and new poles. He said they past the Council had set policy determined the cost for the entire that if more that 50% of the block and then divided it based entire district protested, the upon the front footage; Mr. Hein- district failed. He said the rich had about 17. 5% of the block Council had also removed property face. He said there was a one- by block face but had not removed time cost of $577 for maintenance a particular parcel within a plus a $7, 796 assessment payable block. He said from a construc- 90-133 PROCEE INGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 17, 1990 tion standpoint, it was better to #2 RE: A public hearing at improve the entire block as a unit 6:20 p.m. to receive public com- for the street lighting program. ment and consider adopting an ordinance amending Title 9 of the Councilmember Kirk asked if Salt Lake City Code relating to Mr. Heinrich had other alterna- health and safety, by adding tives besides appealing to the Chapter 9.48 dealing with cost Board of Equalization. Mr. Lyon recovery for negligently caused said he had 10 years to pay the fires. assessment in equal payments or he could pay the entire amount within ACTION: Councilmember Godfrey 15 days of the project completion moved and Councilmember Hale without interest. He could also seconded to close the hearing, pay off the balance at any time which motion carried, all members within the 10-year period to save voted aye. interest or he could approach the Board of Equalization to have his Councilmember Godfrey moved assessment waived or reduced. and Councilmember Hardman second- ed to adopt Ordinance 27 of 1990, Councilmember Godfrey asked which motion carried, all members if Mr. Heinrich' s property was on voted aye. a corner lot. Mr. Lyon said it was. Mr. Godfrey asked if there DISCUSSION: Deputy Chief was a corner-lot exemption. Mr. Florence, fire department, said Lyon said the city gave a corner- this ordinance would allow the lot exemption for curb and gutter fire department to recover costs but he didn't think they had given incurred from negligently-caused an exemption for lighting. fires. He said the ordinance was broad and included all negligent Councilmember Hale asked if fires so it was the fire depart- there were other property owners ment' s intent to narrow the ordi- on this street who would be as- nance, by policy, to specific sessed. Mr. Lyon said the entire areas such as fires caused by block face would be assessed. arson, burning weeds, or an unre- paired code violation. Mr. Anderson said the other property owners were mega corpora- He said the Council raised tions and Mr. Heinrich was cur- several questions at an earlier rently the only viable business in meeting. He referred to a state- the area. He said the area was ment in the ordinance which said rundown and vacant, and he sug- that payment to the city would not gested that the money could be constitute an admission of liabil- better spent elsewhere. ity or negligence. He said he checked this wording with city Councilmember Godfrey said attorney Bruce Baird who said this the Council was not taking action language reiterated language in on this issue tonight but would the state senate bill which was refer the protests to the engi- passed. Mr. Florence said this neering office. meant that payment to Salt Lake City did not admit one' s liability Councilmember Pace asked for for any other legal actions taken clarification about the improve- against the individual by another ments prior to the Council ' s final party. decision. (Q 90-1) 90-134 PROCEEINGS OF THE CITY COUNCIL OF SALT LAKE CIT , UTAH TUESDAY, APRIL 17, 1990 He said another question addressed this issue. was the process for an appeal. He (0 90-40) said the attorney' s office had several local attorneys who acted The meeting adjourned at 7:15 as hearing officers and this issue p.m. would be one which would go before these hearing officers. lv.`6/1-664A44^, No one from the audience COUNCI CHAIR addressed this issue. (0 89-14) • / Pr lir #3 RE: A public hearing at CI Y E 6:30 p.m. to receive public com- ment and consider adopting an ordinance amending Title 9 of the Salt Lake City Code relating to health and safety, by adding Chapter 9.44 dealing with cost recovery for hazardous materials emergencies. ACTION: Councilmember Hardman moved and Councilmember Godfrey seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Godfrey moved and Councilmember Pace seconded to adopt Ordinance 28 of 1990, which motion carried, all members voted aye. DISCUSSION: Deputy Chief Florence, fire department, said in 1989 the Utah State Legislature passed Senate Bill 95 which empow- ered the state and local communi- ties with the right to recover costs incurred in mitigating hazardous material spills or incidences. He said Salt Lake City drafted an ordinance which paralleled the cost recovery ordinance for negligently-caused fires. He said the fire depart- ment proposed to identify and handle the billing process and appeals process under the same policy which would address the negligently-caused fires. No one from the audience 90-135 Cri rut9 ir "-1() SALT LAKEAGENDA CITY COUNCIL (�CJIV ( scr) , AP Ult- jrtix.0 CITY COUNCIL CHAMBER lnaulCre I lf� ROOM 315 C'I?-�� G ' /ITY AND COUNTY BUILDING (� (� �jl R11��� c S\ (\)r ) . 451 SOUTH STAT _SIRECl�l�lX / Q nnJ Tuesday, April 17, 1990 �`�� 6:00 p.m. = COM nrIcn` 7 A. BRIEFING SESSION : 5:00 - 5:55 p.m. , Room 325 • ounty Building, 451 South State 1 . Report of the Executive Director. l '1/�� B. OPENING CEREMONIES_ `0,nc)/ 1 . Invocation. I " 2. Pledge of Allegiance. 3. Approval of the minutes. C. COMMENTS: 1 . Questions to the Mayor from the City Council. 2. Citizen Comments to the Council. D. CONSENT: 1 . Ordinance: Uniform Code Set date to hold a hearing on May 8, 1990 at 6:50 p.m. to receive public comment and consider an ordinance adopting Chapter 18-.92 enacting the Uniform Code for Building Conservation with certain amendments. (0 90-17) Staff recommendation: Set date. 2. Resolution: Interlocal Agreement Water & Sewer Mains Consider adopting a resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City Corporation and the Utah Department of Transportation (UDOT) for the relocation of water and sewer mains. (C 90-185) Staff recommendation: Adopt. 3. Ordinance: Street Closure/Vacation Set date to hold a hearing on June 5, 1990 at 6:20 p.m. to receive public comment and consider adopting an ordinance closing a portion of South Temple between 450 and 500 West and vacating a portion between 400 and 450 West pursuant to Petition No. 400- 759-89. (0 90-18) Staff recommendation: Set date. 4. Ordinance: High School Parking Lots Consider adopting an ordinance enacting Sections 12.56.302, 12.56.303 and 12.56.304, and amending subparagraphs A. and B. 1 . of Section 12.56.550, Salt Lake City Code, relating to civil penalties for unauthorized use of high school parking lots. (0 90-15) Staff recommendation: Adopt. 5. Ordinance: Disorderly Conduct Consider adopting an ordinance amending Title 11 , Chapter 12, Section 020 of the Salt Lake City Code, as amended, relating to disorderly conduct. (0 90-14) Staff recommendation: Adopt. 6. Legislative Action: Councilmember Horrocks Set date to hold a public hearing on May 15, 1990 at 6:30 p.m. to receive public comment and consider adopting an ordinance rezoning the property located between the 800 West Street and I- 15 and 700 South to 1300 South Streets, pursuant to Petition No. 400-751-89. (P 89-234) Staff recommendation: Set date. E. NEW BUSINESS: 1 . Ordinance: City Subpoenas Consider adopting an ordinance adding Sections 2.59.010, 2.59.020, 2.59.030, 2.59.040, 2.59.050 and 2.59.060 to the Salt Lake City Code relating to city subpoenas. (0 90-19) Staff recommendation: Refer to consent. 2. Magna Mosquito Abatement District Consider the appointment of Jim Webb to the Magna Mosquito „pcO Abatement District. r,n n(!.` r ( I 90-19) K. 6 Staff recommendation: Refer to consent. 01111V � . INSC 3. Community Development Block Grant Funds /� Receive Mayor DePaulis" recommendations for 16th Year Community Development Block Grant Funding and set a date to hold a public hearing on May 1, 1990 at 6: 20 p.m. to receive public comments. (T 90-14) i (-�, /lam)0' Staff recommendation: Set date, and refer �to 510 i\Q (,)�� �Committee of the Whole. (.1 /U 4. Resolution: Special Improvement District #50-1396 Yam% Consider adopting a resolution declaring the intention of the City Council of Salt Lake City to construct improvements on certain streets within said municipality consisting of sewer collection lines and all other miscellaneous work necessary to complete the improvements; to create Salt Lake City, Utah Public Utilities District No. 50-1396; to defray the cost and expenses of a portion of said improvement district by special assessments to be levied against the property benefited by such improvements; to provide Notice of Intention to authorize such improvements and to set a date on May 22, 1990 at 5:00 p.m. to hold a hearing for protests against such improvements or the creation of said district; and related matters. (Q 90-4) Staff recommendation: Adopt. 5. Golf Advisory Board Consider approving the reappointment of Fred Sanford to the Golf Advisory Board. ( I 90-5) Staff recommendation: Refer to consent. F. UNFINISHED BUSINESS: k koVr4Resolution: Interlocal Agreement/Rape Crisis Center � Consider adopting a resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City and Salt Lake County for improvements at the Rape Crises Center. (C 90-186) 2. Resolution: Street Lighting District No. 1 Consider adopting a resolution to create Salt Lake City, Utah Lighting District No. 1 , as described in the Notice of Intention, concerning the district, with the exception of the deletion from this district of Signora Drive from 900 West to Los Angeles Street and Goodwin Avenue from Catherine Street to Colorado Street ; authorizing the City officials to proceed to make improvements as set forth in the Notice of Intention to create and operate the district ; setting the dates for the Board of Equalization to hear and consider objections and corrections to any proposed assessments ; and authorizing the City Recorder to publish and mail a notice of meetings of the Board of Equalization and Review; and related matters. (Q 90-2) o Staff recommendation: Adopt. (�Li� 3. Ordinance: Special Improvement District No. 38-830 Consider adopting an ordinance confirming t essment rolls and levying an assessment against certain properties in the special improvement district known as Salt Lake City, Utah Special Improvement District No. 38-830 for the purpose of paying the costs of constructing improvements consisting of the removal, replacement or reconstruction of curb, gutter and defective sidewalk, driveways, driveway approaches and appurtenances; underground vault work; installation of lighting fixtures, tree grates, street landscaping, underground sprinkling systems, utility relocation, underground wiring, conduit and junction boxes to existing poles with and without increase in street lighting power and all other miscellaneous work necessary to complete the improvements; reaffirming the establishment and providing for the funding of a special improvement guaranty fund ; establishing the effective date of this ordinance; and related matters. (Q 88-3) Staff recommendation: Adopt. V\ 4. Ordinance: Special Improvement District No. 38-808 Consider adopting an ordinance confirming the assessment rolls and levying an assessment against certain properties in the special improvement district known as Salt Lake City, Utah Special Improvement District No. 38-808, for the purpose of paying the costs for construction of designated widths of roadway pavement, concrete curb and gutter, turn lanes, asphalt shoulder, street drainage facilities, traffic signalization, paving of intersections, turnarounds and intersection and median improvements and all other miscellaneous work necessary to complete the improvements; reaffirming the establishment and providing for the funding of a special improvement guaranty fund; establishing the effective date of this ordinance; and related matters. (Q 89-2) aCe Staff recommendation: Adopt. V-°05Pt9 5. Ordinance: Special Improvement District No. 38-724 i Consider adopting an ordinance confirming the assessment rolls and levying an assessment against certain properties in the special improvement district known as Salt Lake City, Utah California Avenue Curb and Gutter Extension No. 38-724, for the purpose of paying the costs of constructing improvements to roadways, curb and gutter, driveway approaches, storm drainage, utility relocations, traffic lanes, a new bridge over the surplus canal, the construction of California Avenue from Redwood Road to Pioneer Road and all other miscellaneous work necessary to complete the improvements; reaffirming the establishment and providing for the funding of a special improvement guaranty fund; establishing the effective date of this ordinance; and related matters. (Q 86-14) Staff recommendation: Adopt. 6. Ordinance: SLACC Recognition Set date to hold a hearing on May 8, 1990 at 7:00 p.m. to receive public comment and consider adopting an ordinance amending Title 2 of the Salt Lake City Code by adding a new Chapter 2.60.010, et .seq. , dealing with recognition of neighborhood based organizations. (0 90-20) Staff recommendation: Set date. 7. Ordinance: SLACC Notification Set date to hold a hearing on May 8, 1990 at 7:00 p.m. to receive public comment and consider adopting an ordinance amending Title 2 of the Salt Lake City Code by adding a new Chapter 2.62.010, et.seq. , dealing with notification of certain actions to recognized or registered organizations. (0 90-21) Staff recommendation: Set date. G. PUBLIC HEARINGS: 6:00 p.m.H 1 . u ion Re: Special Improvement District 38-864 Receive public comment concerning a revised and restated resolution declaring the intention of the City Council of Salt Lake City to construct improvements in the Central Business District including curb, gutter, sidewalks with brick pavers, driveways, drainage, trees, planters, tie-in paving, irrigation, vault abandonment or rebuilding, electrical systems, street lighting and operation and maintenance of street lighting for one year, and drains and all other miscellaneous work necessary to complete the improvements; to create Special Improvement District No. 38-864; to defray the cost and expenses of a portion of said `' (Se improvement district by special assessments to be levied against 4j)' the property benefited by such improvements. (Q 90-1) Staff recommendation: Close hearing. 6:20 p.m. 2. Ordinance: Negligently Caused Fire Cost Recovery Receive public comment and consider adopting an ordinance amending Title 9 of the Salt Lake City Code relating to health and safety, by adding Chapter 9.48 dealing with cost recovery for Negligently Caused Fires. (0 89-14) Staff recommendation: Close hearing and adopt. 6:30 p.m. 3. Ordinance: Hazardous Material Cost Recovery Receive public and consider adopting an ordinance amending Title 9 of the Salt Lake City Code relating to health and safety, by adding Chapter 9.44 dealing with cost recovery for Hazardous Materials Emergencies. (0 89-40) Staff recommendation: Close hearing and adopt. H. ADJOURNMENT. ** FINAL ACTION MAY BE TAKEN AND/OR ORDINANCES ADOPTED CONCERNING ANY ITEM ON THIS AGENDA. DATED: April 13, 1990 BY: __ CI ECO DER STATE OF UTAH ) COUNTY OF SALT LAKE ) ss. On the 13th day of April , 1990 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 the City and County Building, 451 South State Street, Salt Lake City, Utah: 1 . At 5:00 p.m. in the City Recorder's Office, Room 415; and 2. At 5:00 p.m. in the Newsroom, Room 343. CITY RECORDER Subscribed and sworn to before me this 13th day of April , 1990. 8W-e-41 Pe r 4 1fotary Public residing in the State of Utah My Commissi Frx- 'woe*. 1 I r = 451 k15 t : l:' gait 84111 ' `' October 1 1� I seam of I'rah 7 APPROVAL: 1---vo.,-.m...—.- -- 0‘ EXECUT E DIR TOR PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 10, 1990 The City Council of Salt Lake City, Utah, met as the Committee of the Whole on Tuesday, April 10, 1990, at 5:00 p.m. in Room 325, City County Building, 451 South State Street. The following Council Members were present: Ronald Whitehead Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Don Hale Nancy Pace Council Chair Hardman presided at and conducted the meeting. The meeting was called to order by months to hold a meeting with the Council Chair Hardman at 5:00 p.m. Planning Commission. Councilmember Pace asked if the Board of Adjustment would be included in Cindy Gust-Jenson, Executive this information session and if Director, was asked to brief the the Council would be- addressing Council. She said the Council questions to them. Ms. Gust- would meet as the Redevelopment Jenson said Councilmember Hardman Agency on Thursday, April 12, 1990 had suggested including the Board and they should keep the rental of Adjustment and the staff had rehabilitation documentation from expressed interest in being the Thursday meeting because it involved. would be addressed at the Council Meeting on April 17, 1990. Councilmember Godfrey said to address particular questions to Ms. Gust-Jenson stated the the Board of Adjustment would be Committee of the Whole Meeting on inappropriate. Councilmember Pace Thursday would follow the said she was concerned the Board Redevelopment Agency adjournment of Adjustment was not very at approximately 7:30 p.m. and the familiar with the Master Plan, and only item on this agenda was the problems had arisen when the Board Airport Authority Budget of Adjustment authorized items Discussion. Ms. Gust-Jenson said and then to find out later it was this would be a fairly simple in direct violation of the zoning discussion because the Airport ordinance and the project could Authority and the Airline not be completed. Councilmember Representatives had reviewed the Godfrey said he thought time would budget. be better spent with the Planning Commission. Ms. Gust-Jenson said the packet of information the Staff Councilmember Hardman said he Assistant had dispersed prior to wanted to suggest the Council the meeting did not include the involve the Board of Adjustment in agenda for the Thursday night the meeting to address problems meeting. She said the Council like those that had recently come would receive the agenda when they up in his area. Councilmember convened prior to the Council Hardman said currently he was meeting this evening. involved in helping the community oppose a demolition that had been Ms. Gust-Jenson said July or authorized by the Board of August had been discussed as Adjustment and prior to this 90-116 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 10, 1990 meeting he had been at the Court the Board of Adjustment. The to sit in on the appeal. Council agreed a tentative agenda Councilmember Hardman indicated he should be completed and the agreed it was inappropriate to Planning Commission and the Board list items of discussion but the of Adjustment should be included Board of Adjustment decisions had in selecting the agenda topics. an impact on the entire City and certain items needed to be Ms. Gust-Jenson said the addressed. agenda for the Council Meeting included a resolution recognizing Councilmember Pace said if Earth Week and because the she were able to see an Agenda it resolution had been forwarded from might be easier to make a decision the Mayor' s Office, a on the Board of Adjustment Councilmember had not been participation. Ms. Gust-Jenson assigned to read the Resolution. said the Council staff could She said the Council needed to present an agenda to the Council, decide who would read the the Planning Commission, and the resolution. Councilmember Godfrey Board of Adjustment to receive said he would like to read it. their approval before a final agenda was established. Ms. Gust-Jenson said the agenda was very routine and the meeting Councilmember Kirk said should run smoothly. perhaps the Council could hold an information only session with both Councilmember Hardman asked the Planning Commission and the if the Council had any questions. Board of Adjustment, then convene Councilmember Pace said she did into a facilitation meeting with not understand why the Council was the Planning Commission only. Ms. approving the resolution on Gust-Jenson said the Council machine calibration. Ms. Gust- should keep in mind the Board of Jenson said the City does not have Adjustment had expressed interest personnel for or access to machine in being included in this meeting. calibration testing and the City hires this work out. She said the Councilmember Hardman said resolution would allow the City to the problems being created could contract these services out. be because the board had newly elected members not familiar with Councilmember Pace asked if the issues at hand to make the the resolution for adoption of correct decisions at times. adjoining streets between the University of Utah and Salt Lake Councilmember Horrocks said City was nonthreatening. including the Board of Adjustment Councilmember Kirk said it was would be a courtesy. nonthreatening and it involved a Councilmember Pace said including small strip of the street. the Board of Adjustment would enable the Council to become Councilmember Kirk said the oriented with the board and to Wasatch Hollow Community Council place names with faces and would be coming to the Council including them would be a good Meeting tonight to advise the idea. Council on the Wasatch Community Park. She indicated they had been Ms. Gust-Jenson asked the advised to limit their comments to Council if they agreed to include three minutes. 90-117 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 10, 1990 Councilmember Kirk indicated she would like to be excused from the Council Meeting at 7:30 as she had some personal business to attend to. Councilmember Hardman asked if there were any scheduled events the Council should be aware of. Ms. Shepherd, Council Staff Assistant, said she was currently trying to contact Ev Gray to discuss the details of the Downtown Business Alliance Luncheon in May so this could be included on the schedule of events. The meeting was adjourned at 5:25 p.m. 90-118 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 10, 1990 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, April 10, 1990, at 6:00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State Street. The following Council Members were present: Ronald Whitehead Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Don Hale Nancy Pace Mayor Palmer Depaulis, Roger Cutler, City Attorney, Kathryn Marshall, City Recorder, and Beverly Jones, Deputy Recorder, were present. Council Chair Hardman presided at and Councilmember Kirk conducted the meeting. OPENING CEREMONIES COMMENTS #1. There was no invocation. #1. Peggy Scott, 1801 Logan Avenue, said she was the new #2. The Council led the Community Council Chair for the Pledge of Allegiance. Wasatch Hollow Community Association. She said the group' s #3. Councilmember Godfrey main objective was to build a park moved and Councilmember Hale west of the Presbyterian Church on seconded to approve the minutes of 1700 South and 1700 East. She the Salt Lake City Council for the said there had been incredible regular meeting held Tuesday, support from the community for April 3, 1990, which motion this project. She said a design carried, all members voted aye, committee was currently working on except Councilmembers Hardman and a design for the park and the Horrocks, who were absent for the group was working with the Parks vote. Department. (M 90-1) Robert Adams, 1649 Downington #4. The Mayor and Council Avenue, said the committee was presented a resolution regarding excited about the park. He said Earth Week. the committee started this project one year ago and there was Councilmember Godfrey moved enthusiastic support from the and Councilmember Hale seconded to community. He said an area clean- adopt Resolution 41 of 1990, which up was planned for April 28th and motion carried, all members voted a garage sale on May 8th to help aye. fund this project. He said the group appreciated the support they Mayor DePaulis presented the had received from the Parks resolution to Lynn Olson. Department and the Mayor's Office. (R 90-1) He said he appreciated Councilmembers Kirk and Godfrey' s support in attending the meetings and supporting the project. 90-119 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 10, 1990 Mr. Adams said he felt the in the University of Utah Research Community Council had convinced Park, with the City and the the neighborhood it was not solely University each paying part of the the City' s job to provide the cost. funds for this park. (C 90-173) #2 Bernice Cook, People' s NEW COUNCIL BUSINESS Freeway Community Council, said there were businesses in her #1. RE: An ordinance neighborhood that used the garbage amending Title 11, Chapter 12, cans distributed by Salt Lake City Section 020 of the Salt Lake City for the garbage collection Code, as amended, relating to program. She said she thought the disorderly conduct. cans were to be used by the residents, not private businesses. ACTION: Without objection, She was concerned whether the Councilmember Kirk referred the businesses had a business license. ordinance relating to disorderly She asked Mayor DePaulis where in conduct to the consent agenda. the City she could go to check on (0 90-14) these businesses. DISCUSSION: Councilmember Mayor DePaulis asked Ms. Cook Godfrey said the new language in to bring the addresses of the the ordinance reads "words which businesses to his office and his have a direct tendency to cause staff would investigate the acts of violence by the person to matter. whom the words are addressed. " He asked if there was an objective CONSENT AGENDA standard to decide which words had a tendency to cause acts of Councilmember Hardman moved violence. and Councilmember Godfrey seconded to approve the consent agenda, Roger Cutler, City Attorney, which motion carried, all members said a 1948 case stated that voted aye. "fighting words" had to be used or there may be a violation of First #1. RE: Adopt Resolution 42 Amendment rights. of 1990 authorizing the execution of an Interlocal Cooperation #2. RE: Set a date to hold Agreement between Salt Lake City a public hearing on June 5, 1990 Corporation and the Utah at 6:30 p.m. to receive public Department of Transportation comment and consider adopting an (UDOT), whereby UDOT will perform ordinance adding Section 12.72.070 certain calibrations of City to the Salt Lake City Code, 1988, machines, and testing of materials as amended, relating to public submitted by the City. parade regulations. (C 90-174) ACTION: Councilmember #2. RE: Adopt Resolution 43 Godfrey moved and Councilmember of 1990 authorizing the execution Hale seconded to set the hearing of an Interlocal Cooperation date for June 5, 1990, at 6:30 Agreement between Salt Lake City p.m. and refer to the Committee of Corporation and the University of the Whole, which motion carried, Utah for the connection by the all members voted aye. City of Wakara and Colorow Streets (0 90-16) 90-120 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 10, 1990 #3. RE: Adopt an ordinance changed and an amended Master Plan enacting Sections 12.56.302, was necessary. 12.56.303 and 12. 56.304, and amending subparagraphs A. and B.1 He said the Planning of Section 12.56.550, Salt Lake Commission proposed the adoption City Code, relating to civil of an amended Master Plan instead penalties for unauthorized use of of removing the Restrictive high school parking lots. Covenant from the land. He said the amended plan was not as ACTION: Without objection detailed as the original plan and Councilmember Kirk referred the had to do with bulk and massing, ordinance relating to civil building materials, color, and penalties for unauthorized use of street scape design. high school parking lots to the Consent Agenda, which motion Mr. Dansie said the original carried, all members voted aye. Master Plan was detailed as to (0 90-15) specific uses such as housing and hotels. He said the .,arena would PUBLIC HEARING be appropriate on Block 79 directly south of the existing #1. A public hearing at 6:20 Triad Center. He said additional p.m. to receive public comment and office space had been allowed for consider adopting an ordinance on Block 84, where Triad was pursuant to Section 10-9-21, Utah located, and that Block 85 was Code Annotated, 1953 adopting the mostly owned by the LDS Church. amended "Triad Center Master Plan" for blocks 79, 84, and 85. He said the scale of many of the buildings along South Temple ACTION: Councilmember was monumental and those buildings Whitehead moved and Councilmember that are not gained monumentality Godfrey seconded to close the by the use of open space. Mr. public hearing, which motion Dansie said all of the buildings carried, all members voted aye. should maintain this scale. He said because of the major view Councilmember Whitehead corridor from the west towards moved and Councilmember Horrocks Temple Square, the Planning seconded to adopt Ordinance 21 of Commission determined it would be 1990, which motion carried, all inappropriate to build thirty- members present voted aye. five and forty story towers originally proposed in the Triad DISCUSSION: Doug Dansie, Center Master Plan. Planning Commission, said when the Triad Center was originally He said in order to reduce proposed, the Redevelopment Agency the massive appearance on block was involved in the land 79, it has been suggested the transactions. He said on May 14, walls of the Arena be constructed 1982, the City placed a mostly of glass. He said Block 85 Restrictive Covenant on the land would serve as an extension of the requiring any development to church campus, if the scale of the conform with the Master Plan. Mr. buildings are in line with the Dansie referred to a map existing LDS Church Genealogical illustrating the Master Plan Library and Art Museum. adopted by the City in 1982. He said economic conditions have 90-121 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 10, 1990 Mr. Dansie said in the He said on the original original Triad Master Plan, the Master Plan the two forty story colors and building materials were towers appeared to narrow the chosen to reflect what had been street and allowed only a view of used on the Union Pacific Depot. the center front portion of the He said the Planning Commission Union Pacific Depot. He said on decided the original Triad Master the north side any further office Plan did not need to be strictly development should maintain a adhered to, but any further setback to allow the view corridor development should be sensitive to of the depot to remain. the various colors and building materials. Mr. Dansie said a midblock pedestrian corridor had been Mr. Dansie said the included from Triad Center to Commission determined that the Temple Square through Block 85. arena should blend with the He said the Art Museum and the existing surroundings. He said Genealogical Library of the LDS the materials appropriate for the Church were constructed to Triad and the Arena Block could be facilitate a midblock walkway. He red brick, copper glass, clear said the Historical Landmarks glass, copper, unfinished Committee had been working on a concrete, sandstone, other native South Temple Master Plan for the stones and earth stone stucco. He street scape. said green tinted glass proposed by the Jazz Arena architect may be Mr. Dansie said the appropriate. He said materials Commission would like to see inappropriate for the arena block Indian Head Lighting, similar to were reflective silver or pastel the lights around Washington blue glass, white polished tile, Square, installed in the 300 to or paneling. 400 West block. He also said this summer a special improvement He said because Block 85 is district was planned for this area an extension of the LDS Church and red brick with concrete campus, materials appropriate highlights would be used as a could include granite stone brick paving pattern for the sidewalk on stucco or clear glass. The only South Temple. He said this was materials that would be consistent with what Triad had inappropriate for this block would already done. be silver or pastel reflective curtain walls. Mr. Dansie said that trees should be planted on all parking He said in the original Triad strips for formality of the Master Plan there had been a streets, and that center medians considerable amount of open space. would be appropriate on 300 West. In the amended plan it is critical that open space be allowed at the He said the original Triad corners of 300 West, 400 West and Master Plan called for two sky South Temple because they bridges over 300 West. He said highlight the Union Pacific Depot. the Commission concluded that one He said there should be a setback sky bridge from Broadcast House to along South Temple between 300 Block 85 would be appropriate. He and 400 West. said overhead sky bridges would be inappropriate on South Temple. 90-122 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 10, 1990 Councilmember Godfrey said two years ago there had been a request for a sky bridge across 300 West. He asked if at that time the sky bridge was turned down due to financing. Alan Johnson, Planning Director, said at that time there had been a question of security. He said a sky bridge could go from building to building and be fairly secure, but when it goes from sidewalk to building, it can not be secured. He said he did not know why the sky bridge was not built at that time. (W 90-3 ) The meeting adjourned at 6:35 p.m. COUNCIL CHAIR CITY RECORDER 90-123 T1 4-ii' SALT' r• i ihi GO1\'1 0 I { e1QL LEE KING MIKE ZUHL _ �, .� -.1 A.,,,. DEPUTY DIRECTOR INTERIM DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 418 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 TO: Salt Lake City Council April 5, 1990 Re: Uniform Code for Building Conservation Recommendation: That the City Council hold a public hearing on May 8, 1990 at 6:50 p.m. to discuss adopting the Uniform Code for Building Conservation. Availability of Funds: Not applicable Discussion and Background: The Uniform Code for Building Conservation gives specific guidelines for design professionals for the continued use of existing buildings. In the proposed ordinance the Department has made three exceptions to the code because they conflict with current ordinances and policies already established by Salt Lake City Corporation. The Planning Commission, the Board of Appeals and Examiners and the Historic Landmark Committee have reviewed and approved the proposed ordinance. Legislative Action: The City Attorney's Office has prepared the necessary ordinance and is ready for your action. S bmitted by: a CHAEL B. ZUHL (IT nterim Director SALT'LAKE OITY' CORPORATION ROGER R. EVANS - z•.� .�..5_. E-- �: t� .7 .xz __� �t HARVEY F. BOYD DIRECTOR ASSISTANT DIRECTOR DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Building and Housing Services 451 SOUTH STATE STREET, ROOM 406 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-6436 TO: MikE Zuhl n�. FROM: Roger Evans DATE: March 27, 1990 RE: Uniform Code for Building Conservation Attached is a copy of a proposed ordinance that adopts the Uniform Code for Building Conservation. This draft has been approved by the City Attorney's office as to form and hearings have been held with the Planning Ca mission, Historic Landmarks Committec and the Board of Appeals and Examiners. These groups gave a very favorable recommendation. The Uniform Code for Building Conservation give specific guidelines for design professional for the continued use of existing buildings. I have attached a list of groups and individuals that should be contacted when the City Council schedules its hearing. RRE:rm Attachments The following individuals and groups should be contacted when the hearing date has been scheduled: Roger Evans Building and Housing Services City and County Building, Room 406 Salt Lake City, Utah 84111 American Institute of Architects Utah Society 215 South State Salt Lake City, Utah 84111 Calder-Kankainen Consulting Engineers c/o Structural Engineers Association 307 West 200 South Salt Lake City, Utah 84101 Robert Crandall 10 West 100 South Salt Lake City, Utah 84101 Bil Schwab Planning and Zoning City and County Building, Room 406 Salt Lake City, Utah 84111 Stephen Smith Gillies-Stransky-Brems-Smith Associate Architects 175 South Main, Suite 900 Salt Lake City, Utah 84111 Chairman of Historic Landmark Cammittcc SALT LAKE CITY ORDINANCE No. of 1990 (Adopting the Uniform Code for Building Conservation as a New Chapter 18 . 92 ) AN ORDINANCE ADOPTING CHAPTER 18 . 92 ENACTING THE UNIFORM CODE FOR BUILDING CONSERVATION WITH CERTAIN AMENDMENTS. WHEREAS, the City Council of Salt Lake City, Utah, has held public hearings before its own body and believes it appropriate to adopt the Uniform Code for Building Conservation with certain minor amendments; THEREFORE, the City Council of Salt Lake City, Utah, hereby adopts Chapter 18 . 92 to the Salt Lake City Code. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Chapter 18 .92 be enacted to read as follows: 18.92.010 Uniform Code for Building Conservation adopted by reference The Uniform Code for Building Conservation, 1988 Edition, is adopted by the City as the ordinances, rules and regulations of the City, subject to the amendments and exceptions thereto as hereinafter set out. Three copies of the code shall be filed for use and examination by the public in the office of the city recorder. 18.92.020 The exception to Section 402( d) of the code is amended to read as follows: Exception: Existing corridor walls, ceilings and opening protection not in compliance with the above may be continued when the corridors and common areas are protected with an approved automatic sprinkler system. Such sprinkler system may be supplied from the domestic water supply system, provided the system is of adequate pressure, capacity and sizing for the combined domestic and sprinkler requirements. When the building or floor changes occupancy, the entire floor or building must be protected with an approved automatic sprinkler system throughout. 18.92.030 Section 403 of the Code is amended by deleting the following sentence: Roofs, floors, walls, foundations and all structural components of buildings or structures shall be capable of resisting the forces and loads specified in Chapter 23 of the Building Code. 18.92.040 An exception to Section 606( 1 ) is enacted to read as follows: Exception: Existing nonconforming materials do not need to be surfaced with an approved fire retardant paint or finish when an automatic fire extinguishing system is installed throughout and the nonconforming materials can be substantiated as historic in character. SECTION 2. This ordinance shall take effect upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990. CHAIRPERSON ATTEST: CITY RECORDER -2- Transmitted to the Mayor on . Mayor' s action: Approved Vetoed. MAYOR ATTEST: / 1 ('q6 CITY RECORDER ( SEAL) Bill No. of 1990. Published: BRB:rc -3- LEROY W. HOOTON, JR. DIRECTOR !� WENDELL E. EENDENT , P.E. e,` ' 2 'W , 1 ®�D1'1,© � SUPERINTENDENT lJ 1 l�7 to j WATER SUPPLY 8 WATERWORKS E. TIM DOXEY DEPARTMENT OF PUBLIC UTILITIES SUPERINTENDENT Water Supply & Waterworks PALMER DEPAULISWATER RECLAMATION Water Reclamation MAYOR JAMES M. LEWIS, C.P.A. CHIEF FINANCE 8 1530 SOUTH WEST TEMPLE ACCOUNTING OFFICER SALT LAKE CITY, UTAH 84115 GEORGE JORGENSEN, P.E. CHIEF ENGINEER March 30, 1990 TO: Salt Lake City Council RE: Interlocal Agreement between Salt Lake City Corporation and the Utah Department of Transportation for relocating City' s water and sewer facilities Project No. NM-1053(1 ) ; Salt Lake County Foothill Drive from I-80 to Sunnyside Avenue. Recommendation: That the Council approve the agreement and forward to Mayor for execution in behalf of the City. Availability of Funds: Budget $1, 800.00 DISCUSSION; UDOT' s reconstruction of SR-186, Foothill Drive to Sunnyside Avenue requires relocation of the City' s water and sewer mains with UDOT paying aporoximately 95% of the cost. 1. Please return four (4) agreements to this office to be forwarded to UDOT for final execution. Submitted by: &1ftJ.+kice LEROY W. HOOTON, R. Director Department of Public Utilities Cont. 1/srb Attachments File C-13 RESOLUTION NO. OF 1989 AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND UTAH DEPARTMENT OF TRANSPORTATION (UDOT) WHEREAS, Title 11, Chapter 13, Utah Code Ann. , 1953, as amended, allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purposes; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1 . It does hereby approve the attached agreement generally described as follows: UDOT is reconstructing SR-186 (Foothill Drive to Sunnyside Avenue) and it is necessary for sewer and water mains and related facilities to be relocated, with UDOT paying approximately 95% of the cost. 2. Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is hereby authorized to execute said agreement on behalf of Salt Lake City Corporation and to act in accordance with its terms. Passed by the City Council of Salt Lake City, Utah, this day of , 1990. SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: CITY RECORDER RLM:rc NM-1053(1) ; Salt Lake County Foothill Drive (SR-186 ) from I-80 to Sunnyside Avenue SALT LAKE CITY CORPORATION Authority No. 7064 WP-836 AGREEMENT THIS AGREEMENT, made and entered into this day of , 1990 , by and between the UTAH DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "UDOT" and SALT LAKE CITY CORPORATION, a Municipal Corporation of the State of Utah, hereinafter referred to as the "City" , WITNESSETH: WHEREAS, the UDOT is engaged in preparing plans , specifications and estimates of costs toward reconstructing that certain section of SR-186 , identified as NM-1053( 1) , Foothill Drive to Sunnyside Avenue in Salt Lake City, Salt Lake County, Utah. Said reconstruction necessitates work consisting of relocating City's culinary water and sanitary sewer facilities as shown on UDOT's plans, which by this reference are made a part hereof; and WHEREAS, it is the desire of the City for the UDOT to include in its construction plans , items of work for replacing and adjusting part of City's water and sewer facilities . The City reserves the right to inspect said work and will perform the necessary operations of valves to accommodate said work; and WHEREAS, the City through their public works department, will perform part of the work covered herein; and WHEREAS, the City desires to include a betterment in said work consisting of reconstruction of an air vent; and WHEREAS, the UDOT is agreeable to the construction of said betterment providing the difference in costs between the minimum construction required and City's desired construction shall be at the sole cost of the City as shown in the cost estimates included herein; and WHEREAS, in accordance with the "Federal-Aid Highway Program Manual" , Volume 6, Chapter 6 , Section 3, Subsection 1, the City has determined, with the concurrence of the UDOT, that expired service life credit is not required as a result of said work; and WHEREAS, the UDOT has determined by formal finding that payment for said work on public right of way is not in violation of the laws of the State or any legal contract with the City; and WHEREAS, any relocation work not performed under the highway Contractor' s signing , flagging and safety measures will be accomplished in accordance with the provisions of the "Manual on Uniform Traffic Control Devices" by flagging personnel having been certified by UDOT. 1 NM-1053 ( 1 ) ; Salt Lake County Foothill Drive (SR-186 ) from I-80 to Sunnyside Avenue SALT LAKE CITY CORPORATION Authority No. 7064 WP-836 THIS AGREEMENT is made to set out the terms and conditions whereunder said work shall be performed. NOW THEREFORE, it is agreed by and between the parties hereto as follows : 1. The UDOT has , with its regular engineering forces, prepared plans, specifications and estimates and in conjunction with the above noted highway project will advertise for bids , will award a contract to the low bidder and will administer construction of the work covered by this agreement. 2. The City with its regular construction forces at its standard schedule of wages and working hours and in accordance with the terms of its agreement with such employees shall furnish all materials and perform the construction work in connection with changes in its plant facilities at the location hereinabove described. In the performance of said work the City will adhere to the procedures and specifications contained in UDOT's "REGULATIONS FOR THE ACCOMMODATION OF UTILITIES ON FEDERAL-AID AND NON-FEDERAL- AID HIGHWAY RIGHTS-OF-WAY" , a copy of which has been furnished to the City and any supplements or amendments thereto. The City shall not perform any construction until authorized in writing by the UDOT. 3 . The City shall, at no cost to the project, perform the necessary operation of valves to accommodate said work and, should it desire to do so, perform inspection of the work on City' s facilities which will be performed by UDOT's Contractor. The City' s engineer and/or inspector shall work with and through UDOT's Project Engineer and shall give no orders directly to UDOT's Contractor unless authorized in writing to do so. 4 . The UDOT, through its Project Engineer, will notify the City at least twenty-four ( 24 ) hours in advance of UDOT'S Contractor performing any work covered by this agreement. 5. The City will notify UDOT's Project Engineer assigned to this project at least twenty-four (24) hours in advance of beginning any of their work covered by this agreement. Subsequent notifications of when and where the City will be performing work will be given by the City to UDOT's Project Engineer' s office on a day-to-day basis. Such subsequent notification can be informal. It is hereby acknowledged by the parties hereto that, when the City experiences emergency work of its own during work on the highway project, it will take care of said emergency, after which it will again informally notify said Project Engineer's office as to when work will be resumed on said highway project. Failure on the part 2 NM-1053 ( 1) ; Salt Lake County Foothill Drive (SR-186 ) from I-80 to Sunnyside Avenue SALT LAKE CITY CORPORATION Authority No . 7064 WP-836 5 . (Cont'd) of the City to give proper notification to UDOT's Project Engineer's office will result in UDOT's disallowance of reimbursement for that portion of the City's work performed while not under the surveillance of UDOT's Project Engineer or his authorized representative. 6 . The UDOT, through its Project Engineer, will keep daily record of the work performed by the City, such daily record to be in duplicate on a form to be prepared by the City and/or the UDOT, whichever is agreed upon between the City and the UDOT' s Accounting Division. The type of form to be used shall be approved by UDOT's Contracts, Estimates and Agreements Office. Said daily record shall be signed by UDOT's Project Engineer and City' s authorized representatives in the space provided for on said record form. Copy of said record form shall be retained by all parties to this agreement. When emergencies occur, requiring the City's work forces to leave the job, said record keeping shall be resumed upon return to the highway project. 7 . The cost of said work is shown in an estimate prepared by the UDOT, in the amount of $44,425. 00, details of which are as follows : COST ESTIMATE WORK TO BE DONE BY SALT LAKE CITY PUBLIC WORKS Adjust valve box M.H. 30- $500. 00 $15,000 . 00 Adjust valves 14 - 80. 00 1, 120 . 00 Adjust sewer M.H. 35 500. 00 17,500 . 00 Install invert cover 35 28. 00 980 . 00 SUBTOTAL $34 ,600 . 00 WORK TO BE DONE BY UDOT'S CONTRACTOR Move water meter 3 - $ 400 . 00 $ 1 , 200 . 00 Adjust water meter 13 125 . 00 1, 625 . 00 Move fire hydrant 3 800 . 00 2,400 . 00 Adjust fire hydrant 2- 400 . 00 800 . 00 Replace fire hydrant 1 $2,000 . 00 2 ,000 . 00 SUBTOTAL $ 8,025 . 00 3 NM-1053 ( 1 ) ; Salt Lake County Foothill Drive (SR-186 ) from I-80 to Sunnyside Avenue SALT LAKE CITY CORPORATION Authority No. 7064 WP-836 COST ESTIMATE (Cont'd) BETTERMENT TO BE DONE BY UDOT'S CONTRACTOR Reconstruct air vent 1 $1,800 . 00 1,800 . 00 SUBTOTAL $ 1 , 800 . 00 GRAND TOTAL $44,425.00 TOTAL ESTIMATED COST TO UDOT IS $42,625.00 TOTAL ESTIMATED COST TO CITY IS $1,800. 00 NOTE: UDOT will reimburse the City for their actual costs incurred for work they perform as covered herein. UDOT will have its Contractor perform the work on City's facilities where betterment is not involved at no cost to the City. The City will reimburse UDOT's actual costs incurred for work UDOT's Contractor performs on City' s desired betterment. 8 . The City, upon execution of this Agreement, shall deposit the amount of One Thousand Eight Hundred Dollars ($1,800 .00) with the UDOT's Comptroller's office located at the UDOT/DPS Complex, 4501 South 2700 West, Salt Lake City, Utah 84119 to cover the estimated cost of City's desired betterment. The final amount of City's participation shall be determined upon completion of construction. 9 . All materials from City's existing facilities which are recovered by UDOT's highway Contractor while performing the work as herein described and not reused on this project shall become the property of said highway Contractor except for materials recovered from the betterment portion of the work where any recovered items will remain the property of the City. 10. All materials from the existing facilities from City's portion of the work, which are recovered in suitable 4 NM-1053( 1 ) ; Salt Lake County Foothill Drive (SR-186 ) from I-80 to Sunnyside Avenue SALT LAKE CITY CORPORATION Authority No. 7064 WP-836 10 . (Cont'd) condition for reuse by the City and not reused on this project, shall be credited to the cost of the project at current stock prices . If the materials are not suitable for reuse, they shall be credited at such other prices as are agreed upon between the City and the UDOT following inspection of the recovered material. 11 . In the event there are changes in the scope of the work, extra work, or changes in the planned work covered by this agreement , reimbursement therefore shall be limited to costs covered by a modification to this agreement approved in writing by all parties hereto prior to the start of work on the changes or additions . 12 . The UDOT will , by its standard specifications and/or special provisions, make its Contractor aware of the coordination and cooperation required for timely completion of utility work. The Contractor shall be advised of the approximate schedule for completion of the utility relocation and/or adjustments and the utility owner shall diligently pursue its work so that completion can be accomplished as soon as possible after having been authorized to proceed. 13 . The City agrees that, upon completion of the construction of said water and sewer facilities, to accept said water and sewer facilities as a part of City's culinary water and sanitary sewer facilities and to maintain said water and sewer facilities at no cost to UDOT. UDOT agrees that City shall be the sole owner of said water and sewer facilities upon completion of the project. To the extent it may lawfully do so, City further agrees to relieve UDOT from any responsibility or liability that may result from the construction and continuing operation of City's water and sewer facilities . 14 . The UDOT will reimburse the City within one hundred twenty ( 120) days after receipt of itemized bills in six (6 ) copies bearing the project number together with supporting sheets therefore, covering the costs incurred by the City for performing the work required under the terms of this agreement. Said itemized bills covering said work shall be submitted by the City within two ( 2 ) years following completion of the work on UDOT's project to: Office of Construction, UDOT/DPS Complex, 4501 South 2700 West, Salt Lake City, Utah 84119 , Attention: Contracts, Estimates and Agreements Supervisor. Failure on the part of the City to submit said billings within said two (2) year time limit will result in UDOT's disallowance of that portion of work performed by the City. All bills shall be reviewed by UDOT' s Project Engineer for 5 NM-1053 ( 1 ) ; Salt Lake County Foothill Drive (SR-186 ) from I-80 to Sunnyside Avenue SALT LAKE CITY CORPORATION Authority No . 7064 WP-836 14 . (Cont'd) verification of the work performed. Any work performed without proper notification to UDOT's Project Engineer' s Office shall be cited to the City and deducted from the reimbursement . 15 . If City's actual costs incurred for their force account work exceeds the estimated amount contained herein then City is required to submit a letter of explanation with their billing indicating why and how said overrun in costs occurred. 16 . The UDOT shall have the right to audit all cost records and accounts of the City pertaining to work they performed on this project . Should this audit disclose that the City has been underpaid, the City will be reimbursed by the UDOT upon submission of additional billing to cover the underpayment. Should this audit disclose that the City has been overpaid, the City will reimburse the UDOT in the amount of the overpayment. For purpose of audit the City is required to keep and maintain its records of work covered herein for a minimum of three ( 3 ) years after final payment is received by the City from the UDOT. 17 . The City shall have the right to audit all cost records and accounts of the UDOT pertaining to work done by UDOT's Contractor on City's facilities for this project in accordance with the audit procedure of the Federal Highway Administration and FHPM 6-6-3-1 . Should this audit disclose that the UDOT has been underpaid, the UDOT will be reimbursed by the City upon submission of additional billing to cover the underpayment . Should this audit disclose that the UDOT has been overpaid, it will reimburse the City in the amount of the overpayment. 18 . With respect to City's desired betterment, the City will reimburse UDOT for UDOT's actual costs incurred for betterment items of work. Final cost to the City will be determined after construction. Should it be determined that the UDOT has been underpaid, the UDOT will be reimbursed by the City upon submission of additional billing to cover the underpayment. Should it be determined that the UDOT has been overpaid, UDOT will reimburse the City in the amount of the overpayment. 19 . It is understood that access for maintenance and servicing of the City's property located on right of way of said project will be permitted only by permit issued by the UDOT to the City, and that the City will obtain said permit and abide by conditions thereof for policing and other controls in conformance with UDOT's "REGULATIONS FOR THE ACCOMMODATION OF UTILITIES ON FEDERAL-AID AND NON-FEDERAL-AID HIGHWAY RIGHTS-OF-WAY" , a copy of which has been furnished to the City and any supplements or amendments thereto . 6 NM-1053 ( 1 ) ; Salt Lake County Foothill Drive (SR-186 ) from I-80 to Sunnyside Avenue SALT LAKE CITY CORPORATION Authority No . 7064 WP-836 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by its duly authorized officers as of the day and year first above written. ATTEST: SALT LAKE CITY CORPORATION, A Municipal Corporation of the State of Utah By Title Title ( IMPRESS SEAL) ******************************** ********************************* ATTEST: UTAH DEPARTMENT OF TRANSPORTATION By _ Secretary Engineer for Preconstruction RECOMMENDED FOR APPROVAL: FUNDS AVAILABLE: Engineering Coordinator Budget Officer Date APPROVED: Director of Finance 7 MIKE ZUHL SALT LA I CITY- GORPOR - ;ION LEE KING INTERIM DIRECTOR DEPUTY DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 418 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 To: Salt Lake City Council April 4, 1990 Re: Petition No. 400-759-89 submitted by the State of Utah and Union Pacific Recommendation: That the City Council hold a public hearing on June 5, 1990 at 6:20 p.m. to discuss Petition No. 400-759-89 submitted by the State of Utah and Union Pacific. The petitioners are requesting that Salt Lake City close South Temple between 400 and 600 West Street. Availability of Funds: Not applicable. Discussion and Background: The Planning Commission has reviewed this request and has determined that the historical intent of the street closure is evident by the construction of the Union Pacific Station and tracks upon the street and that the public will receive benefits from the use of the depot as a public building. It is the Planning Commission's recommendation that the portion of the street between 400 and 450 west be vacated and deeded to the State with no monetary exchange and that the portion from 450 to 500 West be closed and sold for fair market value. The Planning Commission recommends that no action be taken on the portion between 500 and 600 west until an agreement can be reached between the adjacent property owners. Legislative Action: The City Attorney's Office has prepared the necessary ordinance and is ready for your action. Submitted by: /?Z --ifie4 MI B. Z Interim Directo lf/ SALT LAKE CITY ORDINANCE No. of 1990 (Closing a portion of South Temple between 450 and 500 West and vacating a portion between 400 and 450 West pursuant to Petition No. 400-759-89 ) AN ORDINANCE CLOSING A PORTION OF SOUTH TEMPLE BETWEEN 450 AND 500 WEST AND VACATING A PORTION BETWEEN 400 AND 450 WEST PURSUANT TO PETITION NO . 400-759-89 . WHEREAS, the City Council of Salt Lake City, Utah, finds after public hearing that the City' s interest in the public street described below is not necessary for use by the public as a street and that closure of a portion of said street will not be adverse to the general public ' s interest nor divest the City of title to the property without subsequent documents of transfer. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah : SECTION 1 . That portions of South Temple between 450 and 500 West and vacating a portion between 400 and 450 West, which are the subject of Petition No . 400-759-89, and which are more particularly described below, be, and the same hereby are, CLOSED OR VACATED and declared no longer to be needed or available for use as a public street, with the title to the closed portion remaining with the City until subsequent sale for market value, and title to the vacated portion deeded to the State of Utah at no cost. Said street is more particularly described as follows : VACATION: Beginning at a point located at the Northeast corner of Lot 8 , Block 80 , Plat A, Salt Lake City Survey; thence west 330 feet, thence north 132 feet more or less , thence east 330 feet, thence south 132 feet more or less to the point of beginning . CLOSURE: Beginning at a point located at the Northwest corner ��y of Lot 5 , Block 80 , Plat A, Salt Lake City Survey; thence north 132 feet more or less , thence east 330 feet, thence south 132 feet more or less, thence west 330 feet to the point of beginning. SECTION 2 . RESERVATIONS AND DISCLAIMERS . The above closure and vacation are 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 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 and vacation are also SUBJECT TO any existing rights-of-way or easements of private third parties . SECTION 3 . 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 , 1990 . CHAIRPERSON -2- ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s action: Approved Vetoed . MAYOR ATTEST: CITY RECORDER BRB:cc -3- SALT'1 WE CITY CORPORATION ALLEN C. JOHNSON, AICP rcrwc PLANNING AND ZONING PLANNING DIRECTOR COMMISSION MEMBERS WILLIAM T. WRIGHT, AICP COMMUNITY AND ECONOMIC DEVELOPMENT RALPH BECKER DEPUTY DIRECTOR PLANNING DIVISION DAN BETHEL SUPERVISOR LONG RANGE PLANNING Planning and Zoning Commission CINDY CROMER AND URBAN DESIGN THOMAS A. ELLISON SANDRA MARLER 451 SOUTH STATE STREET LAVONE LIDDLE-GAMONAL RICHARD J. HOWA SECRETARY ROOM 406, CITY AND COUNTY BUILDING RALPH P. NEILSON SALT LAKE CITY, UTAH 84111 GEORGE NICOLATUS November 6, 1989 TELEPHONE 535-7757 JOHN M. SCHUMANN Mike Zuhl, Acting Director Community and Economic Development BUILDING Dear Mike: Please find attached Petition 400-759 by Neal Stowe/State of Utah and Steven Goodsell/Union pacific requesting Salt Lake City close South Temple between 400 and 600 West. At their regular meeting on November 2, 1989 the Sa.l.t. Lake City Planning Eonunission-reviewed-the petition, received public continent from all abutting property owners, and recommended conditional approval of this request to the City Council. At the conclusion of their deliberations, the Planning Commission determined the following findings of fact: * the historical intent of the street. closure is evident by the construction of the Union Pacific Station and tracks upon the street; * the public will receive benefits from the use of the depot as a public building; The Planning Commission recommends the portion of the street between 400 and 450 West be vacated and deeded to the State with no monetary exchange; the portion from 450 to 500 West he closed and sold for fair market value; the portion between 500 and 600 West be held until agreement can be reached between adjacent property owners. Resp j fully Allen C. Jo nson AICP Planning Dieector ACJ:DD� attachments SALT LAKE CITY PLANNING CCPMISSION STAFF REPORT PETITION 400-759-89 BY NEAL STOWS STATE OF UTAH/ DIVISION OF FACILITIES, CONSTRUCTION & MANAGE ENT AND STEVEN GOODSELL/ UNION PACIFIC RAILROAD COMPANY OVERVIEW This is a petition by NEAL STOWE/ STATE OF UTAH and STEVEN GOODSELC/ UNION PACIFIC requesting Salt Lake City close South Temple between 400 West and 600 West. BACKGROUND This portion of South Temple is abutted by land owned by Union Pacific except for the portion underneath the Depot which is being deeded to the state. Questions of land ownership have arisen as a result of this land transaction. ANALYSIS A check of the Salt lake City Engineering Atlas plats indicated that South Temple was closed between 400 West and 500 West on September 28, 1903 and the north half of South Temple between 500 West and 600 West was vacated in 1948. The staff was not able to locate records of the ordinance facilitating that closure, however, there were numerous records of franchise agreements between the City and Oregon Short Line Railroad. County records were not clear as to ownership. The Union Pacific Depot and rail yards have existed on the site since the early 1900's. This request has been reviewed by the "one stop" review committee. Salt Lake City Transportation and Engineering Departments both approve of this request. There have been ongoing discussions between the City and Union Pacific Railroad concerning franchise agreements. RECCPMENDATION The staff recommends the land underneath the Depot and associated land be vacated to the State with no monetary exchange. The staff also recommends the remainder of the petition be held until franchise discussions are completed with the Attorneys office and questions of adjacent land use are resolved. A \ NORTH TEMPLE ��� ' �`� , �' (�^ y .gym 2, �, �\ Doug Dansie � - J �� — October 26, 1989 A• / Al / ✓��� // SOUTH TEMPLE S i Fs pr PO:r J In ST ` I I ST SOUTH a 111 1 , , , ,1 I .7-7: 7 ) . V 7 J r r iI r7-111-7rP1 , .. 1 - 0 .. LEGAL DESCRIPTIONS VACATION; Beginning at a point located at the Northeast corner of Lot 8, Block 80, Plat A, Salt Lake City Survey; Thence west 330 feet, thence north 132 feet more or less, thence east 330 feet, thence south 132 feet more or less to the point of beginning. CLOSURE; Beginning at a point located at the Northwest corner of Lot 5, Block 80, Plat A, Salt lake City Survey; Thence north 132 feet more or less, thence east 330 feet, thence south 132 feet more or less, thence west 330 feet to the point of beginning. LINDA HAMILTON SALE° ' (CRY( ((WADY II,©I ' ..a�,ea PALMER DEPAULIS DIRECTOR OF FINANCE MAYOR FINANCE DEPARTMENT Purchasing and Property Management Division 451 SOUTH STATE STREET, ROOM 345 SALT LAKE CITY, UTAH 84111 PROPERTY (801) 535-7133 March 26, 1990 TO: Doug Dansie Planning FROM: Linda Cordova G #6" Property Manager REF: PETITION NO. 400-759, VACATION AND CLOSURE OF SOUTH TEMPLE BETWEEN 400 & 500 WEST STREFPS It is my recommendation that the section of South Temple as addressed in the Ordinance be sold at the fair market value. It is my understanding that the petitioners recently hired Rill Lang and Zane Bergeson, MAI's to do some appraisal work for them. The current land value could be applied toward determining the market value of the street closure. Please have Steven Goodsell from Union Pacific give me a call on 535-6308 to discuss the land value and appraisal. Thank you. LC/mt Dansie.400-500Clo SALT LAKE CITY PLANNING DIVISICN • Plan Review Correction Sheet Log # Project j f'%(r<' ev,-t � " �!��j� f Date Address 1�� ��,.'f l�l f t ����� t% w�� /(,'l_t,' Reviewer D; Zone Classification ///71 Code Section Violation or Plan Correction ,� _7/z_ //l/ /// i! fy�"` L i(6�L�/�' / l�/� ' L Zl Z. /k ' 7 Avo r-r. f- G) ����L�lf I/ ems\ Requires plan correction. Requires more detailed information. Additional permits required. „, . 1. . "," nF' ,\,.',;:,---Tllf .,;;__ _ �qY(' „~�`'/�/ , Department of Administrative Services ICI DIVISION OF FACILITIES CONSTRUCTION & MANAGEMENT Norman It Bangerter r,rcrrnor 4110 State Office Building Neal P.Stowe,Al. A. Salt Lake City,Utah 84114 thntt,,r (801)538-3018 August 3, 1989 Mr. Craig Peterson, Director Community and Economic Development Salt Lake City Corporation Room 218 City and County Building Salt Lake City, Utah 84111 Re: PETITION FOR VACATION OF SOUTH TEMPLE BETWEEN 400 WEST AND 600 WEST SOUTH TEMPLE STREET Dear Mr. Peterson: In accordance with the process described to the State of Utah, Division of Facilities Construction and Management (DFCM) from the Salt Lake City Planning and Zoning Office, DFCM and the Union Pacific Railroad Company hereby petition the governing body of Salt Lake City Municipal Corporation to vacate a portion of South Temple Street between 400 West and 600 West. A more detailed description of the area petitioned to be vacated is highlighted and described in Exhibit "A”, attached hereto and by this reference incorporated herein. This petition is in accordance with U.C.A. 10-8-8.1 (1986) which provides the standards for such petition. The Union Pacific Railroad Company is the owner of all property abutting the part of South Temple Street subject to the vacation request. Therefore, notice should be waived in accordance with U.C.A. 10-8-8.3 (1986) . The reason for requesting the subject vacation is that the Union Pacific Railroad Company, since the early 1900's, has had a large building and many railroad tracks located on the subject area to be vacated. Salt Lake City has not exercised any public road use of the subject area nor built or maintained any public road improvements in the subject area. The subject area does not provide a public benefit as a public road. Salt Lake City may have responsibilities and liabilities connected with keeping such an area dedicated as part of the public road system that serves no public benefit, especially when such use is highly unlikely even in the distant future. PETITION FOR VACATION August 3, 1989 Page Two DFCM has an interest in the granting of the subject petition because the Union Pacific Railroad Company has committed to donate the "Railway Passenger Depot Building" and accompanying real property directly relevant to the building to DFCM for purposes that will benefit the citizens of the State of Utah. The eventual renovation of the building will create a State arts facility with additional mixed public uses. Therefore, for the reasons stated hereinabove, the subject petition for vacation should be granted as good cause has been shown, that it is not detrimental to the general interest and actually benefits the general interest, and that such vacation should be made, all in accordance with U.C.A. 10-8-8.1. PETITIONERS: UNION PACIFIC RAILROADMPANY By: Dated,,:-' DIVISIO F IES CONSTRUCTION AND MANAGEMENT By: Date : 4/ l9 9 ATTACHMENT: EXHIBIT "A", MAP OF AREA PETITIONED TO BE VACATED REMARKS Petition "o. 400-759 By State of Utah/ Division of Facilities Construction & Management By - Neal Stowe, Director Requesting Salt Lake City tO vacate port ion p ion of South Temple between- is 400 West and 600 West Street. AUG 4i98 9 CITY PLANNING & I ; 'ZONING COMMISSION • it Date Filed August 24, 1989 I , Address 4110 State Office Bui-l-44943- Salt Lake City, Utah 84114 (13(1 _ t . -.�315 EAST. SOUTH+',. _`•, TELEPHONE(801)799-3000 - r 1�- - MIKE CHABRIES FAX(801)799-3557 SALT LAKECITY, UTAH 84111 CHIEF OF POLICE March 27 , 1990 TO: Chairman Alan G. Hardman and Members of City Council RE : An Ordinance Enacting Sections 12.56 .302 , 12.56.303 , and 12.56 .304 , and amending subparagraphs A. and B.1. of Section 12.56.550, Salt Lake City Code, Relating to Civil Penalties for Unauthorized use of High School Parking Lots. RECOMMENDATION: The City Council consider adoption and amending the ordinance regarding civil enforcement of high school parking lot restrictions . AVAILABILITY OF FUNDS: Not Applicable . DISCUSSION: At the time the Parking Ordinances were changed from criminal to civil, the section pertaining to civil enforcement of high school parking lot restrictions was not included. Police Department agrees with draft ordinance . Sub itte y: • / ''''' 464C-4 ) MICHAEL P. CHABRIES , Chief of Police Salt Lake City Police Dept. DRAFT SALT LAKE CITY ORDINANCE No. of 1990 (Civil enforcement of high school parking lot restrictions) AN ORDINANCE ENACTING SECTIONS 12. 56 .302, 12. 56.303, AND 12. 56.304, AND AMENDING SUBPARAGRAPHS A. AND B. 1 . OF SECTION 12. 56. 550, SALT LAKE CITY CODE, RELATING TO CIVIL PENALTIES FOR UNAUTHORIZED USE OF HIGH SCHOOL PARKING LOTS. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Section 12.56.302, Salt Lake City Code, be, and the same hereby is, enacted to read as follows: 12.56.302 High school parking lots--Parking permit required. A. No high school student or faculty member shall park a motor vehicle in any of the high school parking lots in the Salt Lake City School District, without first obtaining each year a parking permit for parking at a particular high school from said district. The permit shall be obtained from the principal of the school at which parking is desired. The permit must be placed in the rear window or in a conspicuous place at the rear of the vehicle for which the permit was obtained and which is parked on such high school property. Such permits are not transferable and possession of a parking permit does not guarantee a specific parking lot or space on said high school property. B. All parking and non-parking areas shall be designated with the approval of the city transportation engineer, marked, and maintained by the Salt Lake City School District. 1r SECTION 2. That Section 12.56.303, Salt Lake City Code, be, and the same hereby is, enacted to read as follows: 12.56.303 High school parking lot regulations. Neither students nor faculty of a Salt Lake City high school shall park a motor vehicle in city high school parking lot areas marked and designated for visitors, or in areas other than where allowed by their respective permit and no visitors shall park in city high school parking lot areas other than those- marked or designated for parking by visitors. No person without a "handicapped" student or faculty parking permit shall park a motor vehicle in any parking space marked or designated for the handicapped. Delivery vehicles may park in designated delivery areas for a period not to exceed thirty minutes. SECTION 3. That Section 12.56.304, Salt Lake City Code, be, and the same hereby is, enacted to read as follows: 12.56.304 No-parking areas in high school parking lots. No person shall park a. motor vehicle in those areas of a high school parking lot where the curb is painted red, in driveways, or in other areas designated as no-parking areas, or in unmarked areas such as unmarked roads or alleyways. SECTION 4. That the title and subparagraphs A. and B. 1 . of Section 12. 56. 550, Salt Lake City Code, be, and the same hereby are, amended to read as follows: 12.56.550 Unauthorized use of streets, parking lots, and other areas--Penalties. -2- A. Any person engaging in the unauthorized use of streets, parking lots, or other areas as provided under this chapter, within the city, shall be liable for a civil penalty. Any penalty assessed herein may be in addition to such other penalties as may be provided in this Title 12 of the Salt Lake City Code. B. 1 . Civil penalties shall be imposed as follows; Ordinance Penalty 12.56.030 $55 .00 12.56.040 55.00 12. 56 .050 52.00 12.56.080 55.00 12. 56. 100 50.00 12.56 . 110 50.00 12. 56. 120 65.00 12. 56.130 65. 00 12. 56. 150 47.00 12. 56. 180 50.00 12.56 . 190 47 .00 12. 56.210 52.00 12 . 56 . 240 55.00 12.56.250 52.00 12. 56.290 52.00 12. 56.300 52.00 12.56.302 47.00 12. 56.303 47 .00 12. 56.304 47.00 12. 56 .310 55.00 12. 56.330 55 .00 12.56 .350 50.00 12. 56 .360 55.00 12. 56 .380 55.00 12. 56.390 52.00 12. 56. 400 50.00 12. 56.410 50.00 12. 56.420 55 . 00 12. 56.430 50.00 12. 56.440 52.00 12. 56 .450 47 .00 12. 56. 460 55.00 12. 56 . 470 55.00 12. 56.480 52.00 12. 56.490 55.00 -3- • sV 11) 12.56.500 55.00 12.56.510 55.00 • 12. 56.520 50.00 12.56. 560 55.00 SECTION 5. EFFECTIVE DATE. This ordinance shall take effect upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990. CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on :Mayor' s action: Approved Vetoed. MAYOR ATTEST: CITY RECORDER (SEAL) Bill No. OF 1990. Published: LVS:rc -4- • '•e ' P� ��,'tY� 1 VJ r, V/ D 1' tI,O�ilf ASSISTANT ATTORNEYS ROGER F. CUTLER w�.� �.r�� - .. .►���r� CITY ATTORNEY .. .- _ RAY L. MONTGOMERY STEVEN W. ALLRED LAW DEPARTMENT GREG R. HAWKINS LARRY V. SPENDLOVE DEPUTY CITY ATTORNEY CITY AND COUNTY BUILDING BRUCE R. BAIRD CHERYL D. LUKE 451 SOUTH STATE STREET, ROOM 505 FRANK M. NAKAMURA CITY PROSECUTOR SALT LAKE CITY, UTAH 84111 ASSISTANT PROSECUTORS TELEPHONE(801) 535-7788 CECELIA M. ESPENOZA GLEN A. COOK FAX (801) 535-7640 JANICE L. FROST March 26, 1990 Mayor Palmer A. DePaulis 451 South State Street, Room 306 Salt Lake City, UT 84111 Re: Disorderly Conduct Ordinance Amendment Dear Mayor: Submitted herewith is a proposed amended disorderly conduct ordinance for your review. We are submitting it as a recent Utah Court of Appeals decision casts doubt upon the validity of our present ordinance. We recommend this be passed to avoid future problems with criminal cases. Very truly ours, GREG . HAWKINS Assistant City Attorney GRH:rc Enclosures 1 / DRAFT SALT LAKE CITY ORDINANCE No. of 1990 (Disorderly conduct) AN ORDINANCE AMENDING TITLE 11, CHAPTER 12, Section 020 OF THE SALT LAKE CITY CODE, 1988, AS AMENDED, RELATING TO DISORDERLY • CONDUCT, AS FOLLOWS: Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 11.12.020 of the Salt Lake City Code, 1988, as amended, relating to Offenses constituting a public nuisance, be, and the same hereby is, amended to read as follows: 11.12.020 Disorderly conduct. A. A person is guilty of disorderly conduct if such person: 1. * * * 2. * * * a. * * * b. * * * c. * * * 3. Uses [ ' rofane languagc in a place or under circum3tanece which could auae a breach of the peace of good order of the city. ] words which have a direct tendency to cause acts of violence by the person to whom the words are addressed. B. * * * C. * * * �- �. • - SECTION 2. Effective Date. This Ordinance shall take effect upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this - day of ° , 1989. CHAIRPERSON ATTEST: CITY RECORDER - Transmitted to the Mayor on Mayor's Action: - Approved. Vetoed. MAYOR CITY RECORDER (SEAL) Bill No. of 1990. Published: . GRH:rc (64 1 1 fL SALlCRAIG E. PETERSONt 'Q.: Mgr MVO �I;ON DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 218 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 To: Salt Lake City Council December 27, 1989 Re: Petition No. 400-751 - Legislative Action submitted by Council Member Wayne Horrocks Recommendation: That the City Council hold a public hearing on February 6, 1990 at 6:20 p.m. to discuss Petition No. 400-751-89, Legislative Action, submitted by Council Member Wayne Horrocks. The hearing will be to consider rezoning property located between 800 West and 640 West and 700 South to 1300 South Street from an Industrial "M-2" to a Industrial "M-lA" zoning district. - 1 Availability of Funds: Not applicable Discussion and Background: The original request was to have the area between 800 West and I-15 and 700 South to 1300 South Strcct be rezoned. The Planning Commission set aside the area between 640 West and I-15 for further study and reconsideration at a later date. The Planning Commission has reviewed and approved the rezoning of property located betwccn 800 West and 640 West and 700 South to 1300 South. The Industrial "M-2" zone did conflict with the intended use of the area under the master plan by allowing mass storage of petroleum products above ground, which would pose a safety threat to area residents. The area directly adjacent or across the strcct from the residential zones did constitute a conflict in use that could be mitigated by landscaping and use restriction provided by the Industrial "M-lA" rezone. Legislative Action: The City Attorney's Office has prepared and approved the necessary ordinance and is ready for your action. ubmitted by: ICHAEL B. Z Acting Direc r Community and Economic Development 011) SALT LAKE CITY ORDINANCE No. of 1989 (Rezoning property located between the 800 West Street and I-15 and 700 South to 1300 South Streets pursuant to Petition No. 400-751-89 ) AN ORDINANCE AMENDING SECTION 21. 14.020 OF THE SALT LAKE CITY CODE RELATING TO ZONING AND FIXING OF BOUNDARIES OF USE DISTRICTS. WHEREAS, in response to the rezoning petition initiated by City Council Member Wayne Horrocks, No. 400-751-89, the City Council of Salt Lake City, Utah, has held public hearings before its own body and before the Planning Commission, and has taken into consideration citizen testimony, filing and demographic details of the area and the Master Plan as part of its deliberation. Pursuant to these deliberations, the Council has concluded that the proposed change of zoning for the property located between 800 West Street and I-15 and 700 South and 1300 South Streets is appropriate for the development of the community in that area; THEREFORE, The City Council of Salt Lake City, Utah, hereby adopts the following amendments to the Use District provisions of Title 21. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That the Use District Map, as adopted by Section 21 . 14.020 of the Salt Lake City Code, relating to the -:`, fixing of boundaries of Use Districts, be, and the same hereby is AMENDED to read as follows: 21.14.020. Boundaries of Districts - Use District Map Adopted. The following-described parcel of real property in Salt Lake City, Utah, presently zoned Industrial "M-2" is hereby rezoned "M-lA" as noted below, and the Use District Map is amended accordingly: Industrial "M-2" to "M-lA" From the southwest corner of Lot 38, Block 14, Plat 1 of Plat C, Salt Lake City Survey, which is the north east corner of the intersection of 800 West Street and Arapahoe Avenue, 125 feet east along the south lot line of said Lot 38 to the point of beginning; thence east 78 feet +/- to the intersection with the west no access line of I-15; thence southeasterly along the west no-access line of I-15 to the intersection of the west no-access line of I-15 with the east property line of Lot 9, Block 25, Five Acre Plat "A" , Salt Lake City Survey; thence south along said Lot 9, extended to the north right-of-way line of 13th South Street; thence west 757 . 03 feet to the intersection of 1300 South Street with 700 West Street east right-of-way line; thence north along the east right-of-way line of 700 West Street to the northwest corner of Lot 6, Block 25, Five Acre Plat "A" , Salt Lake City Survey; thence S 89°056 ' 40" W 700 feet +/- to a point 125 feet east of the east right-of-way line of 800 West Street; thence north along a line 125 feet east of the east � ' right-of-way line of 800 West Street to the point of ��"� 1 i t beginning. SECTION 2. EFFECTIVE DATE AND CONDITIONS . This ordinance shall become effective when recorded. Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . ' CHAIRPERSON / , -2- / (4* • ALLEN C. JOHNSON. AICP s� j �,.� � :/" ��1 �aj®;1� PALMER DEPAULIS PLANNING DIRECTOR MAYOR COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DIVISION 451 SOUTH STATE STREET ROOM 406, CITY AND COUNTY BUILDING SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7757 November 14 , 1989 Mike Zuhl , Chief of Staff Office of the Mayor Acting Director , Community and Economic Development iga BUILDING N''' Dear Mr . Zuhl : Please find attached Petition 400-751 by Council Member Wayne Horrocks requesting Salt Lake City rezone property located between 800 West to Interstate-15 and 700 South to 1300 South Streets from an existing Industrial "M-2" to an Industrial "M-1A" zoning district . At Their regular meeting on November 2 , 1989 the Salt Lake City Planning Commission held an Informal Hearing , reviewed the petition , and received public comment from property owners and residents in the area . After deliberation , the Planning Commission determined the following findings of fact : * the Industrial "M-2 " zone did conflict with the intended use of the area under the master plan by allowing mass storage of petroleum products above ground , which would pose a safety threat to area residents ; * the area directly adjacent or across the street from residential zones did constitute a conflict in use that could be mitigated by landscaping and use restrictions provided by the Industrial "M-lA " rezone . rf`. The Planning Commission recommends approval of the request to ` --,, rezone from 800 West to the railroad tracks located at 640 West and 700 South to 1300 South from Industrial "M-2 " to "M-lA" ; set aside the area from the railroad tracks to Interstate-15 and 930 South to 1300 South for further study and reconsideration at a later date ; and recommended that the Salt Lake City Zoning Ordinance Sec . 21 . 68 . 010 be amended to permit sorting or salvaging within an enclosed structure . The Planning Commission recommends the City Council hold a formal hearing on these rezonings and zoning ordinance text change . Attached are the minutes of the Planning Commission meeting and the Staff report . The legal description of the area recommended for rezoning is attached . Respectfully , Allen C . J nson AICP Planning erector ACJ : TW attachments 1 Salt Lake City Planning Commission Staff Report Petition No . 400-751 Westside Rezone - Jordan Park Neighborhood Petition No . 400-751 submitted by Council Member Wayne Horrocks , requests that property located between 700 West & I-15 and 700 South and 1300 South Streets be rezoned from Industrial "M-2 " to Industrial "M-1A" . The planning and zoning staff recommend approval of Petition No . 400-751 to rezone the area between 700 West & I-15 and 700 South and 1300 South Streets from "M-2 " to "M-1A" . Additionally , we recommend the rezone of property between 800 West and 700 West from the 700 South north right of way line to 143 . 55 feet north from the center line of Fremont Ave . ( the north boundary of Jordan Park Sub) be included in the petition for rezone from "M- 2 " to "M-1A" . An informal hearing is scheduled •on Thursday, November 2 , 1989 in Room 126 City & County Building to receive public comment on the proposed rezoning . BACKGROUND The area is adjacent to a predominantly single family area known as the Jordan Park Neighborhood , a good lower to middle income family area , with strong neigborhood identity . The rezone of M-2 to M-1A is intended to implement the written recommendations of the Salt Lake City , Model Neighborhood Plan , Westside Community Master Plan of 1974 providing for compatibility between the residential and Industrial uses in the area . Since 1974 the strength and vitality of the adjoining residential neigborhood in maintaining its family oriented character has promoted a master plan update which is now in progress and will recommend the emphasis of compatibility with single family homes and family oriented environments in this neighborhood . ANALYSIS Existing Conditions There is residential use on facing properties to the M-2 zones . The existing M-2 zoning site standards are not protecting this residential area by providing an orderly transition through intensity of land use . Single family homes face directly into industrial uses , such as aluminum recycling , metal fabricating , bottling plants and auto parts wholesalers where there is no required set back and landscaping in front of these industrial uses . Because of State and Federal laws regulating air , water , soil and noise pollution , most light industrial business ' are not as offensive to health and safety of the residential communities as they would have been only a few years ago . Many light industrial uses could make better neighbors than some intensive retail uses , if front setbacks and landscaping were present in the zone . The M-1A zone requires a 15 foot landscaped front yard set back , prohibits major above ground petroleum or petroleum by product storage ; and currently prohibits storage sorting or salvage of auto bodies , other metal , glass , bottles , rags , cans , rubber or paper or other junk articles . These are the currently permitted uses that would be made nonconforming by the zoning change from M-2 to M-lA . Future new Industrial uses or changes in use would be required to meet the 15 foot landscape set back requirements . Owners of existing Industrial structures should be encouraged to comply , when possible , with landscaping guidelines which improve industrial land values . Adjacent Land Use The adjoining residential areas are stable residential neigborhood consisting primarily of long term city residents and are predominantly single family homes built after 1940 , several homes of a historic nature exist near the Jordan River and several new homes are under construction in the area . The Jordan River park represents major public investments in the residential character of the general area and contains the International Peace Gardens . The presence of Industrial uses such as a major petroleum storage facility which is permitted in the M-2 zone would be detrimental to the value of these public improvements and to the health and safety of the 2500 residents who live in the adjacent neighborhood . Master Plan Analysis The present Westside Community Master Plan , prepared in 1974 out lined the area involved in this rezone as Industrial but specified that "Those uses that are noxious by reason of noise , vibration , smoke , odor , fumes , etc . , will not be permitted . " The specific purpose of the M-2 zone is to permit above ground storage of petroleum products or by-products in excess of two ( 2 ) seven thousand ( 7000 ) gallon tanks , which is specifically prohibited in the M-1 zone because of the potential for emission of odor and gas . Storage of large volumes of petroleum products above ground in such close proximity to a residential area of 2500 people would pose a treat to safety from fire or explosion which could result in emission of smoke , noise and other destructive or harmful effects to the residents of the area and to their property . The wording of the master plan was intended to prevent M-3 and M- 2 uses in the I -15 Industrial corridor of the Westside Planning area . The Welfare Square and Bishops Store House located at 751 West 700 South contains underground storage capacity for petroleum products , this underground storage is permitted in M-1A zones . 0 61) The M-lA district prohibits storage or sorting or salvaging of auto bodies , other metal , glass , bottles , rags , cans , rubber or paper or junk articles . This restriction could affect future expansion of : 1 . Deseret Industries , Welfare Square 751 West 700 South 2 . Reynalds Aluminum recycling , 1101 SO 700 West 3 . Standard Metal Co . : Junk 1178 So . 500 West 4 . A. M . Castle Co . : Metal Warehouse 939 So. 700 West 5 . Purcell Truck Tire Center 550 West 1300 So . 6 . Combined supply & Plastic 980 So . 700 West 7 . Aaron Rents : Furniture 520 West 1300 South 8 . Rollins Truck Leasing 1260 So . 500 West 9 . 7-Up Bottling Co . & Recycle Center 959 So . 800 West . These operations will be classified as nonconforming uses in the M-1A zone ; or given legal status by changing the wording of the M-1A ordinance Sec . 21 . 68 . 010 as follows : "except no building or premises may be used for auto wrecking or burning ;. NOR MAY ANY or for the storage or sorting or salvaging of JUNK ARTICLES , INCLUDING auto bodies , or other metal , glass , bottles , rags , cans , rubber , o-r- paper or other JUNK ARTICLES , BE PERMITTED OUTSIDE OF A FULLY ENCLOSED STRUCTURE articles c-ln«monly known as jank . " Most of the buildings or structures currently built for Industrial use in the present M-2 zone would be classified as sue Nonconforming building or structure because of the 15 foot front yard setback and landscaping requirements of the M-IA Front Yard Regulations ( Sec . 21 . 68 . 020 ) . Aerial photo coverage of this area should be acquired on the date of adoption of this rezone for determination of Nonconforming Building Status in the area . PLANNING GOALS The zoning of this area as M-2 may have contributed to slower than projected growth in housing within adjoining residential areas . The Salt Lake Area Transportation Study had projected 7227 housing units in the Westside Planning area by 1985 but only 6098 were present at the end of 1985 . The poor appearance of Industrial properties is not good for residential growth or stability or for commerce within the view from the I-15/I -80 Interstate . The master plan update for the Westside area is expected to focus on the single family home and retention of resident population within the general area . The master plan encourages an I-15 Industrial corridor which will project an image of the quality Industrial operations within the City . Landscaping buffers will be encouraged , and zoning policies followed that can help industry in meeting Federal and State Environmental requirements and in projecting an image of on-site containment of 41tj hazards that is beneficial to industry. Orr RECOMMENDATION The planning staff recommends the rezone from M-2 to M-lA as outlined on Map ( A) . The requested rezoning for the Industrial area west of I-15 will support the master plan for this area . The proposal will rezone all M-2 property in the corridor between I- 15 and the Jordan River to M-1A Industrial use and provide for front yard setbacks and landscaping in these Industrial areas . The staff also recommends amendment of Salt Lake City Zoning Ordinance Sec . 21 . 68 . 010 to read : " . . . except no building or premises may be used for auto wrecking or burning ,—. NOR MAY ANY or for the storage or sorting or salvaging of JUNK ARTICLES , INCLUDING auto bodies , or other metal , glass , bottles , rags , cans , rubber , op- paper or other JUNK ARTICLES , BE PERMITTED OUTSIDE OF A FULLY ENCLOSED STRUCTURE e-L licle•s -commonly known as junk . " • Crt�� sT EY• 1 �t�C.'1 •1P >rili.;"---H___ 2 V..•. ^^ i.CMOA�C O O O N 1 .r-- • • < w� O O O 1 i.n. Zi H `41 ___ �._ -y� - — lrryla.O,.{ JUNIOR O O --. •.. ilf st "V O . 0 b' O . 0 • 0 F.I • O • 4 • t • •X Is. I. -' z D o O I I J S T ti 1 ti z '0'.•pl _ .O MR 910 wEJT IOJ 100 120 •b 900 WEST L_JLL\ 11 -:••:iEr: ...i ' . 4• —24 ...•1!:. .4.•.1 JERERY rr ,, .,R '}' , 8CC is WEST S7 "..-- , ,,,, . .oar' Q J. i 9 ^'r8 N > � 0 O •'O " , • o1 r v < kb 1 " '1111%,.. .- T‘<\\\, \ \ .0 \\\ , I�► _ �Ry \� �� \ 1\\\\\, \. ' \ � // — 400 wE iT ST T,'j 5 � . 0 \\X:i „slik.....'i...ik: ... 1\,.\\ \ ‘--%- - MV ..\\<\"\\.. • _ _ 1%,:s.::794,... . / �_ \ M\ �Fi SC^ If1T Sv 1 I_ „...e,...............„...7.A., 7 _____________,__„_____mg-- _,...... _____-,....>----,___-- .-,------,„ Petition No. 400-751 Iw.\\;„\\::::\.0 \\\\._ , \ \ -• • i -„--_...- - ,_._,. \ �,^' d',. v REZONE TO M-1A vti j \\ , ::! \--. ^�,oHc WEST 11. `1 y� \^1 N \\~ .\\S.\\;C7. ad ;r: •, a , :•a. : " - . .•1 __ :�- MAP A. N PC MINUTES November 2, 1989 Page 8 Ms. Li.ddle-Gamonal closed the hearing to the public and opened it up for Planning Commission discussion. Mr. Nicolatus asked if this parking lot would be open for evening public use. Mr. Money stated that it would be policed by Zions Securities and would not be open for public use in the evening. Mr. Becker moved to recommend approval of Petition No. 410-025 subject to the conditions listed in the staff report. Mr. Schumann seconded the motion; all voted "Aye." The motion passes. INFORMAL HEARING - Petition No. 400-752, a Legislative Intentlpy Councilmember Wayne Horrocks requesting Salt Lake City to rezone property located between the Jordan River to 700 West Street and 900 South to California Avenue from an existing Residential "R-4" to a Residential "R-1" zoning district. INFORMAL HEARING - Petition No. 400-751, a Legislative Intent by Councilmember Wayne Horrocks requesting Salt Lake City to rezone property located between 800 West to Interstate-15 and 700 South to 1300 South Streets from an existing Industrial "M-2" to an Industrial "M-lA" zoning district. Councilmember Wayne Horrocks was present for this portion of the Planning Commission meeting. Mr. Terry Wirth presented the staff reports and stated that Petition No. 400-751 submitted by Councilmember Wayne Horrocks, requests that property located between 700 West and I-15 and 700 South and 1300 South Streets be rezoned from Industrial "M-2" to Industrial "M-lA". Mr. Wirth stated that the Planning Staff recommends approval. of Petition No. 400-751. Additionally, the staff recommends the rezone of property between 800 West and 700 West from the 700 South north right-of-way line to 143.55 feet north from the center line of Fremont Avenue and that the north boundary of Jordan Park Subdivision be included in the petition for rezoning from "M-2" to "M-lA". Mr. Wirth stated that this area is adjacent to a predominantly single family area known as the Jordan Park Neighborhood, a good lower-to-middle income family area, with strong neighborhood identity. The rezone of "M-2" to "M-lA" is intended to• implement the written recommendations of the Salt Lake City Model Neighborhood Plan, Westside Community Master Plan of 1974 providing for compatibility between the residential and industrial uses in the area. Since 1974 the strength and vitality of the adjoining residential neighborhood in maintaining its family oriented character has promoted a master plan update which is now in progress and will recommend the emphasis of compatibility with single family homes and family oriented environments in this neighborhood. There is residential use on facing properties to the "M-2" zones. The existing "M-2" zoning site standards are not protecting this residential area by providing an orderly transition through intensity of land use. Single family homes face directly into industrial uses, such as aluminum recycling, r PC MINUTES November 2, 1989 Page 9 metal fabricating, bottling plants and auto parts wholesalers where there is no required set back and landscaping in front of these industrial uses. The "M-lA" zone requires a 15 foot landscaped front yard set back, prohibits major above ground petroleum or petroleum by-product storage; and currently prohibits storage, sorting or salvage of auto bodies, other metal, glass, bottles, rags, cans, rubber or paper or other junk articles. These are the currently permitted uses that would be made nonconforming by the zoning change from "M-2" to "M-JA". FUture new industrial uses or changes in use would be required to meet the 15 foot landscape set back requirements. The adjoining residential areas are stable residential neighborhoods consisting primarily of long term city residents and are predominantly single family homes built after 1940. The Jordan River Park represents major public investments in the residential character of the general area and contains the International Peace Gardens. The presence of industrial uses such as a major petroleum storage facility, which is permitted in the "M-2" zone, would be detrimental to the value of these public improvements and to the health and safety of the 2500 residents who live in the adjacent neighborhood. The present Westside Community Master Plan, prepared in 1974 outlined the area involved in this rezone as industrial but specified that "Those uses that are noxious by reason of noise, vibration, smoke, odor, fumes, etc. , will not be permitted." The specific purpose of the "M-2" zone is to permit above ground storage ofpetroleum products or by-products in excess of two (2) seven 5 thousand (7000) gallon tanks, which is specifically prohibited in the "M-1" zone because of the potential for emission of odor and gas. Storage of large volumes of petroleum products above ground in such close proximity to a residential area of 2500 people would pose a threat to safety from fire or explosion which could result in emission of smoke, noise and other destructive or harmful effects to the residents of the area and to their property. The wording of the master plan was intended to prevent "M-3" and "M-2" uses in the I-15 Industrial corridor of the Westside Planning area. The Welfare Square and Bishops Store House located at 751 West 700 South contains underground storage capacity for petroleum products, this underground storage is permitted in "M-lA" zones. The "M-lA" district prohibits storage or sorting or salvaging of auto bodies, other metal, glass, bottles, rags, cans, rubber or paper or junk articles. This restriction could affect future expansion of: 1. Deseret Industries, Welfare Square 751 West 700 South 2. Reynolds Aluminum recycling, 1101 So. 700 West 3. Standard Metal Co. : Junk 1178 So. 500 West 4. A.M. Castle Co. : Metal Warehouse 939 So. 700 West 5. Purcell Truck Tire Center 550 West 1300 So. 6. Combined Supply & Plastic 980 So. 700 West 7. Aaron Rents Furniture 520 West 1300 South 8. Rollins Truck Leasing 1260 So. 500 West ( 9. 7-Up Bottling Co & Recycle Cntr 959 So. 800 West. These operations will be classified as nonconforming uses in the "M-JA" zone or given legal status by changing the wording of the "M-lA" ordinance Sec. 21.68.010 as follows: PC MINUTES November 2, 1989 Page 10 "except no building or premises may be used for auto wrecking or burning;. NOR MAY ANY or for the storage or sorting or salvaging of JUNK ARTICLES, INCLUDING auto bodies, or other metal, glass, bottles, rags, cans, rubber, er- paper or other JUNK ARTICLES, BE PERMTrEE) OUTSIDE OF A FULLY ENCLOSED STRUCTURE article commonly known as junk." Most of the buildings or structures currently built for industrial use in the present "M-2" zone would be classified as nonconforming buildings or structures because of the 15 foot front yard setback and landscaping requirements of the "M-lA" Front Yard Regulations (Sec. 21.68.020) . Aerial photo coverage of this area should be acquired on the date of adoption of this rezone for determination of Nonconforming Building Status in the area. Mr. Wirth stated that the Planning Staff recommends the rezone from "M-2" to "M-lA" as outlined on Map (A) of the staff report which is filed with the minutes. The requested rezoning for the industrial area west of I-15 will support the master plan for this area. The proposal will rezone all "M-2" property in the corridor between I-15 and the Jordan River to "M-lA" industrial use and provide for front yard setbacks and landscaping in these industrial areas. The staff also recoiiu►ends amendment of Salt Lake City Zoning Ordinance Sec. 21.68.010 to read: ". . .except no building or premises may be used for auto wrecking or burning;_ NOR MAY ANY or for the storage or sorting or salvaging of JUNK ARTICLES, INCLUDING auto bodies, or other metal, glass, bottles, rags, cans, rubber, or paper or other JUNK ARTICLES, BE PERMITTED OUTSIDE OF A FULLY ENCLOSFT) SfRUCrTURE tt." Petition No. 400-752: Mr. Wirth stated that Petition No. 400-752 was submitted by Councilmember Wayne Horrocks, requesting that property located between the Jordan River and 700 West and 900 South to California Street be rezoned from "R-4" and "R-2" to "R-1" classification. The Planning Staff recommends that the area be rezoned to "R-1" and "R-lA" classifications. This would provide an opportunity to accommodate new single family unit development within the current land ownership pattern of the area and provide the best opportunity for the City to expand the population in this area without adverse impacts to the existing community or its social structure. Only detached single units should be permitted in the "R-lA" rezones created in this area through Planed Unit Development review under Sec. 21.78.160. The predominant character of this area is single family housing. The only value for "R-2" classification would be to allow present single family housing to be converted to accommodate basement apartments. However, the high flood potentials and very high water table make such conversions impractical in this ` area. There is little demand in the Salt Lake market for duplex units outside the basement apartment or conversion. PC MINUTES November 2, 1989 Page 11 Oa) A higher average population density and a more stable residential area would be provided by the rezone of the "R-2" area to "R-1" to reflect the current character of the area. The rezone of this area from "R-4" to "R-lA" would provide greater stability for the existing single family homes in the area, encourage maintenance of single family homes, and preclude any change in neighborhood character that could cause a decrease in the quality of life or of property values. The City needs to stop population decline and to encourage population growth. Because of the existing pattern of development in this area, the current population intensities and limited developable or redevelopable area, a rezone to "R-1" and "R-lA" would be in the best interests of the City. Some "R-lA" is desirable for flexibility of new construction in flood plain and high water table areas. Rezoning "R-4" to "R-lA" is recommended for block 15-12-478 between 1300 South to Paxton and 700 West to 800 West excluding Paxton frontage and 15-12-480, 1300 South to 1350 South. The remainder of the area covered in the rezone petition should be rezoned to "R-1" as requested in the rezone petition. The rezone is consistent with the master plan for this area, supports the present land use in the area, and will further population growth in Salt Lake City. Councilmember Horrocks stated that he and Mr. Bill Wright had spent a considerable amount of time on this matter trying to ascertain the best way to solidify these neighborhoods. Councilmember Horrocks stated that the Ingersoll family owns a large parcel of land in this area and the City is interested in changing the area's zoning, yet at the same time, protecting the development abilities of the Ingersoll family. Councilmember Horrocks also stated that they had bccn surprised to discover that petroleum storage was allowed under the current zoning regulations and they were desirous of rezoning to protect the surrounding residential uses from petroleum storage uses. Councilmember Horrocks said he and Mr. Wright had visited the business owners along 700 West informing them of what the City wanted to accomplish in the proposed rezonings. He stated that they had not received any negative comments from these businesses. Councilmember Horrocks stated that drastic measures need to be taken in this district to maintain the residential quality and reduce the crime, prostitution and drugs. Ms. Liddle-Gamonal opened the hearing to the public and asked if anyone wished to address the Planning Commission. Mr. John Atzet, 733 West Genessee Avenue, stated that they bring reusable items into their facilities to repair and remarket them. Mr. Atzet stated that he would not be able to contain all of the items they are preparing to remarket within an enclosed structure. Mr. Atzet asked the Planning Commission if his business would be considered a "junk yard." Mr. Johnson PC MINUTES November 2, 1989 Page 12 stated that Mr. Atzet's operation would fall under the definition of a "junk yard" but added that assuming these changes are enacted, the businesses in this area that did not meet the ordinance would receive a nonconforming status. Mr. Johnson further explained that Mr. Atzet would be allowed to continue operating as he currently operates, but if he chose to expand in the future, he would be required to bring his operation into conformity by enclosing it. Mr. Art Bruner, representing Standardized Metal, stated that he had been at his present location for over 40 years and he did not want this zoning change to take place. Mr. Bruner asked if he would be allowed to expand and purchase the properties adjacent to his property. Mr. Johnson explained that he would not be allowed to do that, if this proposal is approved, without enclosing his operation. Mr. Bruner stated that due to the type of materials he deals with, that would be impossible. Mr. Bruner stated that a zoning change of this nature would hurt his ability to develop his,business further and he was opposed to it. Mr. Jim Bruner, also representing Standardized Metal, stated that he fools they are being discriminated against since they have the only scrap or "junk" yard in the area. He added that this location had been chosen 42 years ago before the freeway was put in and before the residential area reached its current boundaries. Now, he stated they are being discriminated against to protect the "residential quality" of the area that they had located in first. Mr. Bruner added that they would not be able to enclose their operation due to the size of the cranes they use to move the large pieces of scrap metal around. Mr. Kent Thurgood, representing Deseret Industries, stated that they are in the business of "recycling people" and they would hate to have anything happen to jeopardize that. Mr. Curzon Hailes, 1100 California Avenue, stated that he owns property in the area in question. He added that he had promised his current tenants that they could build a duplex on his land if they desired and he is, therefore, opposed to a zoning change that would preclude this development. Mel Ingersoll, 766 West 1300 South, stated that he is neither in favor of nor opposed to the zoning change as long as it does not render this area "undesirable" for future development. Mr. W. W. Hailes, 804 West 1300 South, stated that he would like to sec the zoning in this area Residential "R-1". Mr. John Atzet stated that when he set up his operation in this area two years ago, he was required to put in landscaped set backs, meet code on the building and to put up decorative fences. He stated that what they are requiring for the "M-lA" has already been done. Mr. Johnson stated that the reason those requirements were imposed is due to the residential use on the same block face. Ms. Liddle-Gamonal closed the hearing to the public and opened it for Planning Commission discussion. PC MINUTES November 2, 1989 Page 13 Mr. Nicolatus stated that he was concerned about the property owners who had purchased property in this area with the intent to develop it as it was zoned when purchased. If the zoning is changed, those people then lose the value of their property. Mr. Nicolatus asked if the City would be discriminating against these property owners. Mr. Bill Wright stated that this is primarily a developed area, the lot sizes are small, the homes are built on the lots with no side yards and there is very little opportunity to convert these units from single family units to duplexes. Mr. Wright stated that people in the community do not want developers buying two and three single family lots in order to build duplexes and fourplexes. This issue is the driving force behind this petition. Mr. Becker asked what the master plan for this area called for. Mr. Wirth stated that the master plan-calls for industrial use with an indication that "M-1" or "M-1A" are the industrial zones referred to. Mr. Wright stated that the actions taken at this meeting would amend the 1972 master plan for the area that is zoned Residential "R-4". Petition No. 400-752: Mr. Schumann moved to recommend to the City Council, approval of Petition No. 400-752 to rezone from Residential "R-4" to Residential "R-1A" the area between 1300 South to Paxton Avenue and 700 West to 800 West excluding Paxton --,; Avenue and 800 West frontage; to rezone from "R-4" to "R-lA" the area from 1300 South to 1330 South between 700 West and 800 West; and to rezone property located between the Jordan River to 800 West Street and 900 South to California Avenue from "R-2" to "R-1", with the understanding that this more clearly defines the direction of the master plan for this area. Mr. Howa seconded the motion. Ms. Cromer asked what. the effect would be on the adjoining residents' back yards. Mr. Johnson stated that the property owners in the "M-1A" zone would need to access their property off of 700 West and provide ten feet of landscaped buffer on the south and west property lines. Mr. Howa said his concern under the current zoning is that someone could go into the area, remove two or three homes and construct one large structure. He added that the sizes of these lots are not conducive to this type of development. Mr. Ellison stated that he does not believe that "R-lA" represents an investment opportunity, and therefore, this action does not really promote housing. Mr. Ellison said his concern is that a higher density would be more appropriate as a transition, consistent with the residential neighborhood, and is being foreclosed without the kind of master plan study that would normally be done to back up a decision of this nature. Mr. Howa called a question on the motion; Mr. Howa, Mr. Schumann, Ms. Cromer and Ms. Palacios voted "Aye"; Mr. Neilson, Mr. Nicolatus, Mr. Ellison and Mr. ;;tea Becker voted "Nay." Ms. Liddle-Camonal, as chair, voted "Aye." The motion passes. , I PC MINUTES November 2, 1989 Page 14 Petition No. 400-751: Addressing Petition No. 400-751, Ms. Cromer stated that she has concerns about the property owners who have been in this area before the housing was constructed and placing them in a nonconforming status. Mr. Schumann asked if the Planning Staff had examined all aspects of the master plan on this issue and whether or not the master plan needed to be revisited for this area. Mr. Schumann said he was also concerned that this area is a "gateway" area. Mr. Wirth stated that they could rezone the major portion of the requested area for rezoning (highlighted in blue on the staff report map, a copy of which is filed with the minutes) and leave the minor portion (highlighted in purple on the staff report map which is filed with the minutes) as "M-1". This would allow the present uses to remain "M-1" and continue their present operations. Mr. Wright stated that under the "M-1" classification, they would only be required to have a fence around their operation, rather than having it enclosed. Mr. . Becker inquired what the "gateway" plan calls for. Mr. . Johnson stated that in the Urban Design Element, Interstate-15 is considered a "gateway" into Salt Lake City and that features such as billboards and junk yards should be eliminated. Mr. Ellison moved to adopt the proposed change to the Zoning Ordinance Section 21.68.010, as set forth in the staff report, a copy of which is filed with the minutes. Mr. Schumann seconded the motion; all voted "Aye" with the exception of Mr. Neilson who abstained from the vote. The motion passes. Mr. Ellison moved to recommend to the City Council, the approval of Petition No. 400-751 for rezoning from "M-2" to "M-lA" the area from 800 West to the railroad tracks located at 640 West and 700 South to 1300 South; the rezoning on the area from the railroad tracks to I-15 and 930 South to 1300 South to be held until the Planning Commission has the opportunity to consider other similarly situated properties in the area and reexamine the master planning issues. Mr. Schumann seconded the motion; all voted "Aye" with the exception of Mr. Neilson who abstained from the vote. The motion passes. PLANNING ISSUE$ Discuss "Block 57 - Implementation Strategy and Urban Master Plan" and requests of the Redevelopment Agency for conditional use approval for the public plaza and demolition permits for existing structures. Mr. Johnson stated that FFKR was under contract with the Redevelopment Agency (RDA) to prepare the master plan for Block 57. That master plan is now at the conceptual approval stage. Eventually, the RDA will have to approve this plan in their client capacity. Mr. Johnson explained that before this plan can become an effective part of the City's master plan, it must be approved by the Planning Commission and the City Council. This is the first phase of getting this plan approved. Mr. Johnson further stated that this is also an • p fq- 2,31 LEGISLATIVE ACTION ACTION PROPOSED BY: Council Member L. Wayne Horrocks PROPOSED ACTION: Rezone property located between 700 West and I-15 and 700 South and 1300 South Streets from "M-2" to "M-1A" classification. BACKGROUND INFORMATION: The rezoning of this area is necessary to implement the Westside Community Master Plan goals and to update the Plan for both uses and design standards for new development. - REFERRED TO: Department of Development Services for scheduling on the Planning Commission agenda. _J�f • ROGER F. CUTLER SA ' 1 a_; j-RaNf ASSISTANT ATTORNEYS CITY ATTORNEY RAY L. MONTGOMERY STEVEN W. ALLRED LAW DEPARTMENT GREG R. HAWKINS LARRY V. SPENDLOVE DEPUTY CITY ATTORNEY CITY AND COUNTY BUILDING BRUCE A. BAIRD CHERYL D. LUKE 451 SOUTH STATE STREET, ROOM 505 FRANK M. NAKAMURA CITY PROSECUTOR SALT LAKE CITY, UTAH 84111 ASSISTANT PROSECUTORS TELEPHONE (801) 535-7788 CECELIA M. ESPENOZA GLEN A. COOK FAX (801) 535-7640 JANICE L. FROST April 4, 1990 Mayor Palmer A. DePaulis 451 South State Street, Room 306 Salt Lake City, UT 84111 Re: City Subpoenas Ordinance Dear Mayor: Executive Order 2.01 .500, authority to subpoena witnesses, was set for review in December of 1989 . Upon review we determined an ordinance would be a better means of establishing and enforcing the City' s subpoena power. We are submitting the proposed ordinance to you for submission to the Council. Very t my yours, GREG .R. HAWKINS Assistant City Attorney GRH:rc Enclosures DRAFT SALT LAKE CITY ORDINANCE No. of 1989 (City Subpoenas) AN ORDINANCE ADDING SECTIONS 2. 59.010, 2. 59.020, 2. 59.030, 2. 59.040, 2.59 .050 AND 2.59.060 TO THE SALT LAKE CITY CODE, 1988, AS AMENDED, RELATING TO CITY SUBPOENAS. Be it ordained by the City Council of Salt Lake City, Utah: SECTION. That Sections 2. 59.010, 2.59.020, 2.59.030, 2.59.040, 2. 59 .050 and 2. 59.060, Salt Lake City Code, 1988, as amended, relating to city subpoenas, be, and the same hereby are, added to read as follows: 2.59.010. Purpose. It is the purpose of this ordinance to provide for the issuance of city subpoenas by both the executive branch and the legislative branch of government for any reason to the full extent authorized by state law, including but not limited to Section 10-3-610, Utah Code Annotated. 2.59.020. Executive branch subpoenas. The executive branch may authorize subpoenas to compel the attendance of witnesses located within the state of Utah to give testimony or to produce records and documents or other items. A. A subpoena may be authorized upon signature of the mayor or his designee or by a department head. B. All executive subpoenas must also be endorsed by the city attorney, deputy city attorney, or any assistant city attorney. The attorney' s signature shall be an affirmation the subpoena is an appropriate exercise of administrative power prior to the recorder issuing the subpoena. 2.59.030 Legislative branch subpoenas. The city council may authorize a subpoena upon a majority vote of the council. Said subpoenas shall be signed by any member of the council voting to authorize the subpoena. Upon such vote and signature, the subpoena shall be reviewed and approved "as to form" by the city attorney, deputy city attorney or any assistant city attorney and shall then be issued by the city recorder. 2.59.040 Issuance of subpoenas. A. All city subpoenas, whether executive or legislative, shall be issued by the city recorder's office. The recorder's office shall keep a record containing: ( 1) the date of issuance, ( 2 ) the matter for which the subpoena was issued, and (3 ) returns of all subpoenas. B. All subpoenas shall be issued with an original and a copy. The original, together with proof of service, shall be returned to the recorder' s office and a copy left with the person upon whom it is served. C. The subpoena shall be issued in the name of the city and shall be entitled "City Subpoena" and shall state whether it is before the legislative branch or the executive branch. The subpoena shall state the title of the matter being heard and shall command each person to whom it is directed to attend and -2- give testimony and/or produce records or documents at a time and place specified in the body of the subpoena. 2.59.050 Production of records or documents. Any party may subpoena public records or documents from the city. No party, including the city, may require documents to be produced which are confidential in accordance with state law, or city policy or procedure, or which are private papers of the government. Police Internal Affairs files are confidential and private files and may not be produced. Ongoing criminal investigations are also confidential and private files and may not be produced. 2.59.060 Service of city subpoenas. A. Service of city subpoenas may be made by any city employee or by any person who meets the requirements of Rule 4 of the Utah Rules of Civil Procedure. B. Service shall be in accord with Rule 4 of the Utah Rules of Civil Procedure. 2.59.070 Subpoenas by other parties. Any person who is subject to an administrative hearing before the city may, upon the payment of the costs of the recorder for issuing subpoenas, have the city recorder's office issue subpoenas to compel the attendance of persons or the production of non-privileged and/or non-confidential documents at the hearing. The person shall make his/her own arrangements for service of the subpoena. -3- 2.59.080 Payment of subpoena costs. A. Cost of subpoenas issued on behalf of the city. All costs of service and witness fees for subpoenas issued on behalf of the city shall be paid by the department (including the mayor's office or the city council) on whose behalf the subpoena was issued, unless or until a fund is created to pay for these costs. These costs shall include witness fees and mileage. B. Subpoenas issued on behalf of other parties. All costs of service and witness fees for subpoenas issued on behalf of any person other than the city shall be paid by the person requesting issuance of the subpoena. C. Any party requesting city production of city documents shall pay all the costs of producing the documents, including, but not limited to, the search costs, employee salary costs and cost of reproduction of the documents. Each department required to furnish the documents shall collect its own costs. D. Witness fees shall be the same as authorized in Section 21-5-4, Utah Code Ann. , as amended from time to time or its successor statutes. 2.59.090 Enforcement of subpoenas. A. Any party who willfully fails to comply with the subpoena, or who having appeared, refuses to answer any question pertinent to the matter under inquiry, except in accord with privileges granted by law, shall be guilty of a misdemeanor and punished in accord with the punishments set by the state for class B misdemeanors. -4- B. In addition to criminal penalties, the subpoenaing party may also have the right of access to the court for judicial enforcement of administrative subpoenas. SECTION 2. Effective Date. This Ordinance shall take effect upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this ' day of , 1990. CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s Action: Approved. Vetoed. MAYOR ATTEST: CITY RECORDER (SEAL) Bill No. of 1990. Published: GRH:rc -5- .• OFFICE OF THE CITY COUNCIL CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, SUITE 304 SALT LAKE CITY, UTAH 84111 535-7600 April 5, 1990 MEMORANDUM TO: COUNUILMEMBERS FROM: ED SNOW RE: REVIEW OF MAYOR'S RECOMMENDATION FOR A BOARD APPOINTMENT I have attached the name of a citizen who has been recommended by Mayor DePaulis to serve on an intergovernmental board. Would you please review the recommendation. If you have any concerns or comments about the Mayor's recommendation, please contact me before April 12. We would like to act as quickly as possible on this recommendation. If you have no objection, we will place the recommendation on the April 17 agenda. :=. MAYOR"S RECOMMENDATIONS FOR BOARD REAPPOINTMENTS NEW APPOINTMENTS MAGNA I1EQUITO ABATEMENT DISTRICT Jim Webb to be appointed to a term extending through December 31, 1991. The Magna Mosquito Abatement District has requested Salt Lake City appoint a member to its board. State statute (Utah Code 26-27-6) states that one member be appointed from each municipality located within a designated Mosquito Abatement District. The boundaries of the Magna district include a portion of Salt Lake City. Mr. Webb resides in District 1 and currently serves on Salt Lake City"s Mosquito Abatement District. PALMER DEPAULIS S` L)1 . _i aJ `3F iU!� ".i ili MAYOR OFFICE OF THE MAYOR CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7704 March 22, 1990 Alan Hardman, Chairperson and Members of the Salt Lake City Council 451 South State Street, Room 304 Salt Lake City , Utah 84111 Dear Alan: I am transmitting herewith a recommendation for a board appointment which I would appreciate the Council to advise and consent upon: MAGNA MOSQUITO ABATEMENT DISTRICT Mr. Jim Webb to be appointed to a term extending through December 31 , 1991 . The Magna Mosquito Abatement District has requested Salt Lake City appoint a member to their board . State statue (Utah Code 26-27-6) states that one member be appointed from each municipality located within a designated Mosquito Abatement District. The boundaries of the Magna district include a portion of Salt Lake City . Mr. Webb currently serves on Salt Lake City's Mosquito Abatement District. I believe having a representative from Salt Lake City's board serve on the Magna board is prudent. I would appreciate your consideration of this appointment and ask that it 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 . Sin) in erely, 44(4‘4) /12,4.1A-erx,/ Mayor PD/RBC:jf Enc. cc: Sammie Dickson Evan R. Lusty PALM ER DEPAULIS A2 o t\ a� • I 1�11,dW _zr A ©, i MAYOR OFFICE OF THE MAYOR CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UTAH 84111 535-7704 April 10, 1989 TO: ALAN G. HARDMAN, CHAIR, SALT LAKE CITY COUNCIL RE: TRANSMITTAL OF MAYOR'S 16TH YEAR (FY 90-91) CDBG RECOMMENDATION AND HOLDING THE HUD REQUIRED PUBLIC HEARING ON THE CITY COUNCIL'S PRELIMINARY RECOMMENDATION FOR 1990-91 CDBG FUNDING Recommendation: That on April 17, 1990 I address the City Council regarding my CDBG recommendations and ask that you set a public hearing for Tuesday, May 1, 1990 to meet HUD CDBG requirements . Funding: The City's CDBG allocation for July 1, 1990 from HUD will be $3, 827 ,000 . In addition to that amount, $265,000 of previous years slippage money is being reprogrammed for purposes of 1990-91 planning. This totals $4 , 092,000 . Background and Discussion: In order for the 16th Year ( 1990-91) Community Development planning process to proceed, it is necessary to hold a public hearing to solicit citizen input on CDBG projects proposed for funding. The hearing is scheduled so that citizens' and community organizations' comments can be considered by the Council before making its preliminary recommendations for annual CDBG funding. The Council then announces its preliminary funding recommendations after the hearing. This recommendation must then be published in a newspaper of general circulation ten days before the Council's final recommendation is made at its regular meeting Tuesday, May 15, 1990 . Attached is my recommendation, in the form of an updated CDBG project log, for allocating the $4,092,000 available for the 16th Year CDBG Program. This recommendation was developed through careful examination of both the Community Development Advisory Committee (CDAC) and the inter-departmental staff team recommendations . Please consider this document as you prepare your CDBG funding recommendation. If you have any questions regarding specific CDBG projects, please call Lee King in Capital Planning and Programming.Ime rely, g),- r--DePau,,,A, 4 Is Mayor SALT LAKE COMMUNITY DEVELOPMENT BLOB .RANT PROGRAM Date 04/09/90 FUNDING RECOMMENDATIONS FOR PAGE 1 CDBG 16TH YEAR (1990-91) PROJECT NUM TITLE DESCRIPTION PREVIOUS REQUESTED ****************** RECOMMENDED ****************** LOG NUM Amount Yr CDAC MAYOR COUNCIL 0001 HOUSING 0001 Redevelopment To bring housing units up to -16 $1,100,000 $750,000 $725,000 Housing Rehab code. Administered through the $700,000-15 RDA in CD target areas or for $700,000-14 income eligible residents city $803,000-13 wide. At least 60% of funds $824,000-12 used for low/mod income. - 0002 HOUSING 0002 ASSIST - Emergency To provide grants to income -16 $260,000 $260,000 $260,000 Home Repair & Com. eligible people for urgently $240,000-15 Design Assistance needed home repairs. $200,000-14 Citywide. $200,000-13 $192,500-12 0003 HOUSING 0003 NITS Revolving Loan To rehab houses, commercial -16 $137,000 $90,000 $90,000 Fund properties, and problem $90,000-15 properties in the NHS West- $75,000-14 side target area. $90,000-13 $90,000-12 0004 HOUSING 0004 Security Lock To provide dead bolt locks and -16 $30,000 $30,000 $30,000 Program other security measures for $30,000-15 income eligible residents. $30,000-14 Citywide. $33,000-13 $33,000-12 0005 HOUSING 0005 BITS Operation Paint To provide technical assist- -16 $40,000 $40,000 $40,000 Brush ance & paint for low-income $40,000-15 home owners. Eligible areas. $35,000-14 $39,000-13 $39,000-12 0006 HOUSING 0006 BITS Cleaning & To improve deteriorated vacant -16 $20,000 $20,000 $20,000 Securing properties by boarding, trim- $20,000-15 ming vegetation, demolishing $20,000-14 unsafe accessory bldgs. Lien - placed on property. - Eligible areas. - 0007 HOUSING 0007 BHS Boarded/At Risk Repair and maintenance of -16 $75,000 $0 $0 Building Assistance housing and other structures $75,000-15 Program in CDBG target areas. - SALT LAKE Cl COMMUNITY DEVELOPMENT BLOCK .,ANT PROGRAM Date 04/09/90 FUNDING RECOMMENDATIONS FOR PAGE 2 CDBG 16TH YEAR (1990-91) PROJECT NUM TITLE DESCRIPTION PREVIOUS REQUESTED ****************** RECOMMENDED LOG NUM Amount Yr CDAC MAYOR COUNCIL 0008 HOUSING 0008 Heritage Foundation To help finance and encourage -16 $50,000 $30,000 $0 Revlolving Loan Fund the restoration of historical- - ly and architecturally signi- - ficant housing and improve - deteriorated housing within - the City. - 0009 HOUSING 0009 Neighborhood To fund an attorney to file -16 $13,500 $12,000 $7,000 Attorney Program civil suits against property $7,000-15 owners who have abandonded $5,000-14 and deteriorated properties. $9,000-13 Eligible areas. - 0010 HOUSING 0010 Low-Income Housing To provide maintenance and -16 $30,000 $13,000 $13,000 Maintenance - CSC repairs for elderly and $13,000-15 handicapped people who are - income eligible. Citywide. - 0011 HOUSING 0011 Mixed Use Housing/ 4500 Sq. Ft. of vacant ware- -16 $129,000 $0 $70,000 Artspace house space into additional $0-15 low/mod income housing within $100,000-11 the Artspace Pierpont Project. $225,000-08 350 W., 250 So. - 0012 HOUSING 0012 Community To support a non-profit -16 $150,000 $150,000 $80,000 Development Corp. housing program & provide $80,000-15 funding to initiate programs - to meet current housing needs. - Eligible areas. - 0013 HOUSING 0013 Section 108 Loan To pay back the $1.825 million -16 $300,000 $300,000 $300,000 Canterbury Apts. Sec. 108 Loan obtained for $300,000-15 acquisition of the Canterbury - Apts. located at 1357 North - Morton Drive. $300,000 per - year for 6 years. - 0014 HOUSING 0014 City Wide Land-Write This program would allow the -16 $150,000 $95,000 $41,000 Down purchase and resale of land in - the City at a discount for - housing projects benefiting - low/mod families. - SALT LAKE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Date 04/09/90 FUNDING RECOMMENDATIONS FOR PAGE 3 CDBG 16TH YEAR (1990-91) PROJECT NUM TITLE DESCRIPTION PREVIOUS REQUESTED RECOMMENDED ****************** LOG NUM Amount Yr CDAC MAYOR COUNCIL 0015 HOUSING 0015 Federal Grants To provide (as needed) match -16 $100,000 $0 $0 Matching Fund money for other government or - privately funded housing - related projects such as 202 - elderly housing, drug free,and homeless projects. - TOTALS FOR CLASS $2,584,500 $1,790,000 $1,676,000 SALT LAKE C COMMUNITY DEVELOPMENT BLOCK ..:ANT PROGRAM Date 04/09/90 FUNDING RECOMMENDATIONS FOR PAGE 4 CDBG 16TH YEAR (1990-91) PROJECT NUM TITLE DESCRIPTION PREVIOUS REQUESTED ****************** RECOMMENDED LOG NUM Amount Yr CDAC MAYOR COUNCIL 0001 BLOCK REDESIGN 0001 Markea Ave. Design Planning for improvements in- -16 $10,000 $0 $0 250 So., 800 E. cluding curb, gutter, and $0-15 sidewalk. - 0002 BLOCK REDESIGN 0002 West Court Design Planning and design. -16 $10,000 $0 $0 835 E., 300 So. $0-15 0003 BLOCK REDESIGN 0003 Laker Court Design Planning and design. -16 $10,000 $0 $0 820 E., 300 So. $0-15 0004 BLOCK REDESIGN 0004 Reeves and Linden Planning and design. -16 $15,000 $0 $0 Block Redesign 760- $0-15 800 E., 340 So. - 0005 BLOCK REDESIGN 0005 Menlo Ave. Design Planning and design. -16 $10,000 $0 $0 840 E., 200 So. $0-15 0006 BLOCK REDESIGN 0006 Chase Ave. Design Planning and design. -16 $10,000 $0 $0 200-300 South & $0-15 1000-1100 East - 0007 BLOCK REDESIGN 0007 Pennsylvania/Iowa To construct street & drain- -16 $263,000 $10,000 $0 Place Const. age improvements. $0-15 940 E., 200-300 So. $10,000-13 TOTALS FOR CLASS $328,000 $10,000 $0 SALT LAKE C. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Date 04/09/90 FUNDING RECOMMENDATIONS FOR PAGE 5 CDBG 16TH YEAR (1990-91) PROJECT NUM TITLE DESCRIPTION PREVIOUS REQUESTED ****************** RECOMMENDED ****************** LOG NUM Amount Yr CDAC MAYOR COUNCIL 0001 STREETS 0001 W. Cap hill Street Improvements to consist of -16 $350,000 $250,000 $250,000 Imp. 700-800 No., street pavement, curb and $0-15 300-400 W. gutter. - 0002 STREETS 0002 Euclid Area Street For street improvements to -16 $100,000 $0 $0 Improvements include curbs, gutters, - 100 S. 750 to 900 W. sidewalks, and drainage. - 0003 STREETS 0003 Euclid Area Street For steet improvements to -16 $100,000 $0 $0 Improvements 100 S. include curbs, gutters, - 900 to 1000 West sidewalks and drainage. - 0004 STREETS 0004 Median Island Rehab. To rebuild islands; land- -16 $380,000 $133,000 $133,000 600 E., 600-900 So. scaping, irrigation, curbs, $25,000-15 gutters, and sidewalks on the - adjacent portions of 600 East. - 0005 STREETS 0005 Learned Ave. Improv. Construction to include -16 $90,000 $0 $0 40 N., 1000-1050 W. pavement, sidewalk, curb, $0-15 gutter & storm drain pipe. - 0006 STREETS 0006 East Capitol Street Construction to include curb, -16 $50,000 $0 $0 Improvements gutter, sidewalk and fencing - 150 to 300 North to adjoin the new 4th avenue - stairs. - 0007 STREETS 0007 Berming/Tree Plant- To create a visual barrier -16 $10,000 $0 $0 ing at Center St. by replanting trees/berming. - and 600 No. - 0008 STREETS 0008 600 W. Improvements Improvements to include curb, -16 $100,000 $0 $0 500 to 600 North gutter, and drainage system. $0-15 Citizens Congress - 0009 STREETS 0009 Sidewalk Curb and Funding for city wide -16 $50,000 $50,000 $50,000 Gutter Assessment inventory of streets and East $15,000-15 and Inventory Central block redesigns to be - considered for future - construction. - SALT LAKE C COMMUNITY DEVELOPMENT BLOCK .ttANT PROGRAM Date 04/09/90 FUNDING RECOMMENDATIONS FOR PAGE 6 CDBG 16TH YEAR (1990-91) PROJECT NUM TITLE DESCRIPTION PREVIOUS REQUESTED ****************** RECOMMENDED ****************** LOG NUM Amount Yr CDAC MAYOR COUNCIL 0010 STREETS 0010 Denver St. Imp. To construct improvements to -16 $85,000 $85,000 $85,000 Central City TA include pavement, curb, gutter $5,000-15 440 E., 500-600 So. sidewalk, storm drainage, and - water lines. - 0011 STREETS 0011 Alida Place - Improvements to include -16 $16,000 $0 $0 585 Wall St. to 6th pavement of street and weed - North. control. - 0012 STREETS 0012 Richards St. Circle To construct a circle at the -16 $55,000 $0 $0 1360 So. Richards St end of Richard St. and plant - & California Ave. grass on each side of circle. - 0013 STREETS 0013 Lake St. Const. To construct improvements to -16 $90,000 $90,000 $90,000 750 E., 800-900 So. include pavement, curb, gutter $8,000-15 E. Central TA storm drainage and water - lines. - 0014 STREETS 0014 Reed Avenue Cleanup To provide yard clean up -16 $5,000 $0 $0 Reed Ave., 400 W. assistance to elderly - home owners. - 0015 STREETS 0015 Glendale Area Street To construct improvements to -16 $325,000 $0 $0 Improvements 900- include pavement, sidewalks, - 1300 So.,900-1700 W. curb, gutter, storm drainage - and water lines. TA - 0016 STREETS 0016 Handicapped Access Construction of handicapped -16 $50,000 $0 $0 State Street and access. street corners to - 5th East provide better access to - lift equipped buses. - 0017 STREETS 0017 Target Area Street To design street and/or drain- -16 $20,000 $0 $20,000 Imp/Drainage Design age imp. in target areas for - construction in 17th year - program. - TOTALS FOR CLASS $1,876,000 $608,000 $628,000 SALT LAKE C COMMUNITY DEVELOPMENT BLOCK _ ,ANT PROGRAM Date 04/09/90 FUNDING RECOMMENDATIONS FOR PAGE 7 CDBG 16TH YEAR (1990-91) PROJECT NUM TITLE DESCRIPTION PREVIOUS REQUESTED ****************** RECOMMENDED ****************** LOG NUM Amount Yr CDAC MAYOR COUNCIL 0001 SIDEWALKS 0001 Target Area Replacement of cracked & dis- -16 $500,000 $300,000 $200,000 Replacement placed sidewalk-100% CD funded $200,000-15 in target areas & other CD $200,000-14 eligible areas. $200,000-13 0002 SIDEWALKS 0002 Capitol Hill Neigh- Target area sidewalk for -16 $10,000 $0 $0 borhood Sidewalk Capitol Hill area. - Replacement - TOTALS FOR CLASS $510,000 $300,000 $200,000 SALT LAKE COMMUNITY DEVELOPMENT BLOT.. .,RANT PROGRAM Date 07/09/90 FUNDING RECOMMENDATIONS FOR PAGE 8 CDBG 16TH YEAR (1990-91) PROJECT NUM TITLE DESCRIPTION PREVIOUS REQUESTED ****************** RECOMMENDED ****************** LOG NUM Amount Yr CDAC MAYOR COUNCIL 0001 STORM DRAINAGE 0001 Guadalupe/Jackson Installation of drainage sys. -16 $150,000 $0 $0 Neighborhood from 500 No. & 600 W. to I-15. $0-15 Drainage System - 0002 STORM DRAINAGE 0002 Guadalupe/Jackson To cover open ditch on 500 W., -16 $260,000 $0 $0 Ditch Covering 200-530 No. $9,000-15 0003 STORM DRAINAGE 0003 West Capital Hill To construct drainage improve- -16 $120,000 $0 $0 Storm Drainage Imp. ments to tie into proposed - 700 No. storm drain. - 300 W., 700-800 No. - 0004 STORM DRAINAGE 0004 400 East Storm Drain To construct storm drain on -16 $65,000 $65,000 $65,000 400 East to alleviate drainage - problem. 400 E., 500-600 So. - TOTALS FOR CLASS $595.000 $65,000 $65,000 SALT LAKE COMMUNITY DEVELOPMENT BLOCK .,itANT PROGRAM Date 04/09/90 FUNDING RECOMMENDATIONS FOR PAGE 9 CDBG 16TH YEAR (1990-91) PROJECT NUM TITLE DESCRIPTION PREVIOUS REQUESTED ****************** RECOMMENDED ****************** LOG NUM Amount Yr CDAC MAYOR COUNCIL 0001 PARKS 0001 Jordan Park-Restroom To reconstruct So. restroom & -16 $95,000 $0 $95,000 and Picnic Shelter construct new roof on existing $95,000-15 1000 So., 900 W. picnic shelter. $20,000-14 $300,000-12 $18,000-11 $50,000-10 0002 PARKS 0002 5TH Ave and "C" To expand the recreational -16 $90,000 $0 $0 Street Tennis Imp. potential of City owned - property. - 0003 PARKS 0003 Playground Installa- To install new playground -16 $100,000 $30,825 $0 tion Citywide equipment which meets current - safety standards in various - parks. Citywide. - 0004 PARKS 0004 Fairmont Park To implement current planning -16 $135,000 $0 $135,000 Irrigation of restrooms, auto.irrigation, $10,000-15 2400 So., 900 E. and artesian well improvements $200,000-10 in SE corner of park. $10,000-09 $155,000-06 0005 PARKS 0005 Elks Park Restroom To construct restrooms for -16 $63,600 $11,000 $11,000 and Lighting, 1300 park users and to provide - So. Main security lighting in key areas - of the park. - 0006 PARKS 0006 Redwood Meadows To expand current linear -16 $250,000 $0 $0 Park Expansion park to provide additional - Redwd Rd., 600 No. recreational opportunities. - , 0007 PARKS 0007 Athletic Park- Continuation of current proj. -16 $95,000 $0 $0 Phase III to provide improved restrooms $50,000-15 1300 So., 700-800 E. on No. East side of park and $90,000-14 improve ball diamond in No. $10,000-13 East corner. - 0008 PARKS 0008 Urban Forestry Mgmt. To assess, trim, replant, & -16 $50,000 $60,000 $60,000 spray diseased or infested $50,000-15 trees in CD target areas. $50,000-14 $50,000-13 SALT LAKE C' COMMUNITY DEVELOPMENT BLOCK .,,.ANT PROGRAM Date 04/09/90 FUNDING RECOMMENDATIONS FOR PAGE 10 CDBG 16TH YEAR (1990-91) PROJECT NUM TITLE DESCRIPTION PREVIOUS REQUESTED ****************** RECOMMENDED LOG NUM Amount Yr CDAC MAYOR COUNCIL 0009 PARKS 0009 Glendale Mini-Park To conduct a land search and -16 $5,000 $5,000 $0 WS Comm. Council preliminary planning for a $0-15 mini-park in the Glendale area. - 0010 PARKS 0010 Jordan River Trail To provide a segment of trail -16 $20,000 $0 $0 1000 So., 900 W. over City owned property on - the East side of the river in - the Peace Gardens. - 0011 PARKS 0011 North Gateway To clean up the North Gateway -16 $15,000 $15,000 $10,000 Improvement Projects into the City, construct new $0-15 1000 No., 300 W. stream bed for Warm Springs, - and add a childrens garden. - 0012 PARKS 0012 Vietnamese Peace To construct a garden rep- -16 $10,000 $0 $0 Garden-Jordan Park resenting Vietnamese culture. - 1000 So., 900 W. - 0013 PARKS 0013 Westpointe Park To complete a new neighborhood -16 $250,000 $0 $75,000 N. Redwood Phase II park. $0-15 1900 W., 1400 No. - 0014 PARKS 0014 Sugar House-Fairmont To utilize City owned property -16 $5,000 $5,000 $0 Urban Trail 1200 E., for a class I urban trail. $0-15 1700-2400 So. $5,000-12 0015 PARKS 0015 Wildflower Park To plant wildfowers on State -16 $1,000 $0 $0 500 No., Victory Rd. owned properties by the - North Gateway to SLC. - 0016 PARKS 0016 Forest Dale Golf To renovate the club house -16 $60,000 $0 $0 Course Club House as an historic building for - _ 900 E., 2400 So. use as a public facility. - 0017 PARKS 0017 Park Acquisition/ To buy and improve existing -16 $94,500 $15,000 $15,000 Restoration 742 W. land to provide as open space - and So. Temple for Nettie Gregory Comn. Ctr. - SALT LAKE CI COMMUNITY DEVELOPMENT BLOCK ur.r%NT PROGRAM Date 04/09/90 FUNDING RECOMMENDATIONS FOR PAGE 11 CDBG 16TH YEAR (1990-91) PROJECT NUM TITLE DESCRIPTION PREVIOUS REQUESTED ****************** RECOMMENDED ****************** LOG NUM Amount Yr CDAC MAYOR COUNCIL 0018 PARKS 0018 300 West Median To plant trees down the -16 $10,000 $0 $0 Plantings 400 No. to center of 300 West at - 200 No. appropriate points. - 0019 PARKS 0019 600 North Median To landscape a narrow median -16 $50,000 $0 $0 between 200 & 300 W. with trees down the center of - 600 No. - 0020 PARKS 0020 200 North Median To place a median with grass -16 $50,000 $0 $0 between West Temple and trees in the center of 200 and 200 W. North. - 0021 PARKS 0021 Nibley Neighborhood To acquire land and create -16 $100,000 $0 $0 Park park. - 2876 So., 900 E. SH - TOTALS FOR CLASS $1,549,100 $141,825 $401,000 SALT LAKE C COMMUNITY DEVELOPMENT BLOC, ,ANT PROGRAM Date 04/09/90 FUNDING RECOMMENDATIONS FOR PAGE 12 CDBG 16TH YEAR (1990-91) PROJECT NUM TITLE DESCRIPTION PREVIOUS REQUESTED RECOMMENDED LOG NUM Amount Yr CDAC MAYOR COUNCIL 0001 PUBLIC BUILDINGS 0001 Sunday Anderson For removal of asbestos in -16 $110,000 $0 $0 Senior Citizen ceiling and construction of a - Center new pitched roof. - 900 So., 900 W. - 0002 PUBLIC BUILDINGS 0002 Children's Museum of To renovate 2nd floor for -16 $46,000 $25,000 $30,000 Utah Renovation expansion purposes to include - public workshop & performance - gallery. 840 No., 300 W. - 0003 PUBLIC BUILDINGS 0003 Tenth East Senior To improve existing parking -16 $150,000 $0 $0 Center Parking/ lot & inner block improvements - Tennis Courts Imp. to park tennis courts. - 237 So., 1000 E. - 0004 PUBLIC BUILDINGS 0004 Troy Laundry Multi- To redevelop the old Troy -16 $120,000 $0 $0 Cultural Facility Laundry Complex into a - facility for small, non- - profit, arts, ethnic, media & - advocacy organizations. - 400 So., 600-700 E. - TOTALS FOR CLASS $426,000 $25,000 $30,000 SALT LAKE C COMMUNITY DEVELOPMENT BLOCK .ANT PROGRAM Date 04/09/90 FUNDING RECOMMENDATIONS FOR PAGE 13 CDBG 16TH YEAR (1990-91) PROJECT NUM TITLE DESCRIPTION PREVIOUS REQUESTED ****************** RECOMMENDED ****************** LOG NUM Amount Yr CDAC MAYOR COUNCIL 0001 PUBLIC SERVICES 0001 Renovation of YWCA To renovate heating, lighting -16 $29,235 $29,235 $29,000 322 East 300 So. and ventilation systems. $15,000-14 0002 PUBLIC SERVICES 0002 Housing/Financial To hire an additional housing -16 $23,000 $0 $0 Counseling Program counselor to prevent loss of - CAP housing owned by low/mod - income residents. - 0003 PUBLIC SERVICES 0003 !lousing Outreach To assist families in -16 $40.000 $35,500 $35,500 Rental Program obtaining safe, affordable $35,500-15 (HORP) housing and increase the $29,000-14 number of low cost apts. $29,000-13 available. $26,500-12 0004 PUBLIC SERVICES 0004 Westside Food Pantry Operational support for this -16 $29,137 $26,000 $26,000 55 No. Redwood Rd. program which provides food & $26,000-15 social services to people in $24,000-14 emergency situations. $24,000-13 $21,700-12 0005 PUBLIC SERVICES 0005 Repair and Upgrade To bring heating, air condi- -16 $75,000 $0 $0 of Friendship Manor tioning and hot water systems - 500 So., 1300 E. up to code. - 0006 PUBLIC SERVICES 0006 Crime Prevention To fund the civilian crime -16 $81,302 $81,000 $81,000 prevention unit to work with $81,000-15 neighborhoods and educate $70,000-14 people on crime prevention $74,000-13 matters. Eligible CD areas. $76,000-12 0007 PUBLIC SERVICES 0007 Building Acquisi- To purchase a building for -16 $100,000 $50,000 $50,000 tion for Fellowship the use of AA meetings. - Foundation 1380 So. Richards St. - 0008 PUBLIC SERVICES 0008 Operation New Men/ To fund Traveler's Aid to -16 $100.000 $88,000 $100,000 Family/Womens operate the Men's/Family/ $88,000-15 Shelters Womens shelters. $63,500-14 210 So. Rio Grande. $36,000-13 $31,500-12 $21,000-11 SALT LAKE COMMUNITY DEVELOPMENT BLOC. .CANT PROGRAM Date 04/09/90 FUNDING RECOMMENDATIONS FOR PAGE 14 CDBG 16TH YEAR (1990-91) PROJECT NUM TITLE DESCRIPTION PREVIOUS REQUESTED ****************** RECOMMENDED ****************** LOG NUM Amount Yr CDAC MAYOR COUNCIL 0009 PUBLIC SERVICES 0009 Capitol West Boys & To provide a recreation and -16 $32,000 $30,000 $32,000 Girls Club counseling program for high $28,500-15 300 No., 600 W. risk poverty youth in the Guad $28,500-14 /Jackson area. $36,000-12 $21,000-09 $210,000-06 $20,000-04 0010 PUBLIC SERVICES 0010 New Hope Multi- Funding to help rehab this -16 $23,000 $0 $15,000 Cultural Center bldg. used as a community $16,000-15 Rehab. center for Asians. $11,900-14 1102 W. 400 No. $10,000-13 0011 PUBLIC SERVICES 0011 Crossroads Urban To opperate a food pantry to -16 $15,000 $15,000 $5,000 Center Emegency meet needs of the homeless. - Food Pantry Citywide. - 0012 PUBLIC SERVICES 0012 Transition House To acquire property and -16 $150,000 $0 $0 1900 W., No. Temple operate a drug treatment - program. - Application Withdrawn. - 0013 PUBLIC SERVICES 0013 Wasatch Fish and To provide a food source for -16 $22,000 $22,000 $10,000 Garden Project low income people by operating - 1102 W., 400 No. a community fish pond and - garden. - 0014 PUBLIC SERVICES 0014 Literacy Volunteers To make repairs to their -16 $10,000 $0 $0 Building Rehab. facility at 175 No. 600 W. - TOTALS FOR CLASS $729,674 $376,735 $383,500 SALT LAKE CI COMMUNITY DEVELOPMENT BLOCK . .ANT PROGRAM Date 04/09/90 FUNDING RECOMMENDATIONS FOR PAGE 15 CDBG 16TH YEAR (1990-91) PROJECT MUM TITLE DESCRIPTION PREVIOUS REQUESTED ****************** RECOMMENDED ****************** LOG NUM Amount Yr CDAC MAYOR COUNCIL 0001 URBAN AMENITIES 0001 Neighborhood Funding for typing of doc- -16 $2,000 $0 $0 Documentaries umentaries. Citywide. $0-15 0002 URBAN AMENITIES 0002 Neighborhood Self- Up to $1800 grants for neigh- -16 $10,000 $10.000 $10,000 Help Grants borhood projects; fairs, news- $15,000-15 Eligible Areas letters, cleanup & trees. $25,000-14 0003 URBAN AMENITIES 0003 Bike Path To develop a bike route from -16 $960 $0 $0 Calif. Ave., No. on Emery St. - to 8th So., & East to 10th W. - 0004 URBAN AMENITIES 0004 Bike Path To develop a bicycle route for -16 $3,360 $0 $0 the East side of downtown. - 0005 URBAN AMENITIES 0005 Bike Path To develop a bicycle route on -16 $960 $0 $0 300 E., 800 So. to So. Temple. - 0006 URBAN AMENITIES 0006 W. High Improvement To purchase land in W. High -16 $200,000 $0 $0 Program District for positive impact. $0-15 0007 URBAN AMENITIES 0007 CDC Blocks To clean up, restore, rehab -16 $50.000 $40,000 $0 West High Area and purchase vacant housing. - 0008 URBAN AMENITIES 0008 Living Traditions To support Folk Arts Program, -16 $22,500 $0 $0 Festival (Washington to bring cultural activity and $15,000-15 Square) vitality to the City. - Application Withdrawn. - 0009 URBAN AMENITIES 0009 Capitol Hill Tree To plant trees on 4th West, -16 $15,000 $8.000 $0 Project Victory Road. - TOTALS FOR CLASS $304,780 $58,000 $10,000 SALT LAKE COMMUNITY DEVELOPMENT BLOC.. _RANT PROGRAM Date 04/09/90 FUNDING RECOMMENDATIONS FOR PAGE 16 CDBG 16TH YEAR (1990-91) PROJECT NUM TITLE DESCRIPTION PREVIOUS REQUESTED ****************** RECOMMENDED ****************** LOG NUM Amount Yr CDAC MAYOR COUNCIL 0001 ECONOMIC DEVELOPMENT 0001 Facade Improvement To provide a source of funding -16 $50,000 $0 $0 Demonstration for businesses to improve the - Project fronts of their buildings. - Eligible areas. - 0002 ECONOMIC DEVELOPMENT 0002 Minority Business To provide management and -16 $8,000 $8,000 $8,000 Technical Assistance technical assistance to - potential women and minority - businesses. - 0003 ECONOMIC DEVELOPMENT 0003 Twin Years To restore and develop the -16 $15,000 $0 $0 Centennial Project blighted and neglected - No. West quadrant and gateway of SLC. Ensign Peak. - TOTALS FOR CLASS $73,000 $8,000 $8,000 SALT LAKE C COMMUNITY DEVELOPMENT BLOCK ...,ANT PROGRAM Date 04/09/90 FUNDING RECOMMENDATIONS FOR PAGE 17 CDBG 16TH YEAR (1990-91) PROJECT NUM TITLE DESCRIPTION PREVIOUS REQUESTED ****************** RECOMMENDED ****************** LOG NUM Amount Yr CDAC MAYOR COUNCIL 0001 PLANNING 0001 Development of New 2 year project to revise and -16 $31,250 $31,250 $31,250 Zoning Ordinance rewrite citywide Zoning $0-15 Ordinance. - 0002 PLANNING 0002 National Main St. To hire a consultant to assess -16 $12,000 $12,000 $12,000 Urban Center Site and evaluate the State St., - Assessment Sugarhouse, & Glendale/Calif. - Commercial Districts for - revitalization efforts and - make recommendations. - 0003 PLANNING 0003 Salt Lake Housing To conduct a survey relating -16 $38,440 $38,440 $38,500 Condition Survey to housing conditions for - 43,000 residential structures - in Salt Lake City. - 0004 PLANNING 0004 SLACC Staffing For office space & staff to -16 $50,000 $20,000 $13,000 support the Salt Lake Assoc. $50,000-15 of Community Councils. - 0005 PLANNING 0005 Fairmont Master To complete a neighborhood -16 $10,000 $0 $0 Plan level plan for the area 700 E. $0-15 to 1300 E., 2100 S. - I-80. - 0006 PLANNING 0006 Swede Town Hazardous To investigate and report the -16 $8,000 $0 $0 Waste and Air findings of air pollution - Pollution Project and waste problems in Swede - Town. - 0007 PLANNING 0007 Neighborhood Citywide survey of neighbor- -16 $15,000 $15,000 $0 Identification hood boundries to coordinate - Project with 1990 Census. - TOTALS FOR CLASS $164,690 $116,690 $94,750 SALT LAKE COMMUNITY DEVELOPMENT BLOL RANT PROGRAM Date 04/09/90 FUNDING RECOMMENDATIONS FOR PAGE 18 CDBG 16TH YEAR (1990-91) PROJECT NUM TITLE DESCRIPTION PREVIOUS REQUESTED ****************** RECOMMENDED ****************** LOG NUM Amount Yr CDAC MAYOR COUNCIL 0001 ADMINISTRATION 0001 Capital Planning Funding for CDBG functions -16 $252,000 $252,000 $252,000 necessary to administer the $230,000-15 grant. $210,000-14 0002 ADMINISTRATION 0002 Finance Funding for CDBG functions -16 $35,000 $35,000 $35,000 necessary to administer the $35,000-15 grant. $30,000-14 0003 ADMINISTRATION 0003 Community Affairs Funding for CDBG functions -16 $51,000 $51,000 $51,000 necessary to administer the $45,000-15 grant. $45,000-14 0004 ADMINISTRATION 0004 Attorney Funding for CDBG functions -16 $45,000 $45,000 $45,000 necessary to administer the $42,000-15 grant. $42,000-14 0005 ADMINISTRATION 0005 Planning Funding for CDBG functions -16 $55,000 $55,000 $55,000 necessary to administer the $55,000-15 grant. $55,000-14 0006 ADMINISTRATION 0006 Environmental Funding for CDBG functions -16 $10,000 $10,000 $10,000 Assessments necessary to administer the $7,500-15 grant. $7,500-14 0007 ADMINISTRATION 0007 City Housing Funding for CDBG functions -16 $14,595 $14,500 $14,500 Coordination necessary to administer the - grant. - TOTALS FOR CLASS $462,595 $462,500 $462,500 SALT LAKE C COMMUNITY DEVELOPMENT BLOCK _,CANT PROGRAM Date 04/09/90 FUNDING RECOMMENDATIONS FOR PAGE 19 CDBG 16TH YEAR (1990-91) PROJECT NUM TITLE DESCRIPTION PREVIOUS REQUESTED ****************** RECOMMENDED ****************** LOG NUM Amount Yr CDAC MAYOR COUNCIL 0001 PERCENT FOR ART 0001 Jordan Park To provide decorative pavement -16 $0 $950 railings, sculptures, foun- tains and other works of art for certain CDBG funded - Capital Improvement Projects. - 0002 PERCENT FOR ART 0002 Fairmont Park Same as above. -16 $0 $1,350 0003 PERCENT FOR ART 0003 Elks Park Same as above. -16 $0 $100 0004 PERCENT FOR ART 0004 Westpointe Park Same as above. -16 $0 $750 0005 PERCENT FOR ART 0005 Childrens Museum Same as above. -16 $250 $500 TOTALS FOR CLASS $250 $3,650 SALT LAKE C COMMUNITY DEVELOPMENT BLOCK AANT PROGRAM Date 04/09/90 FUNDING RECOMMENDATIONS FOR PAGE 20 CDBG 16TH YEAR (1990-91) PROJECT NUM TITLE DESCRIPTION PREVIOUS REQUESTED ****************** RECOMMENDED ****************** LOG NUM Amount Yr CDAC MAYOR COUNCIL 0001 CONTINGENCY 0001 Contingency The amount set aside to cover -16 $175,000 $130,000 $129,600 anticipated cost overruns or $139,250-15 emergency needs. $182,200-14 TOTALS FOR CLASS $175,000 $130,000 $129,600 TOTALS FOR REPORT $9,778,339 $4,092,000 $4,092,000 E LEROY W. HOOTON, JR. DIRECTOR m`T /� y� WENDELL E. EVENSEN,ENDENT P.E. 1IA ' I®�0 Q� TuI ngUi11 r�L10,41 SUPERINTENDENT .�� �11 1 VJ Vl WATER SUPPLY&WATERWORKS E. TIM DOXEY DEPARTMENT OF PUBLIC UTILITIES SUPERINTENDENT Water Supply & Waterworks WATER RECLAMATION PALMER DEPAULIS Water Reclamation MAYOR JAMES M. LEWIS, C.P.A. CHIEF FINANCE S 1530 SOUTH WEST TEMPLE ACCOUNTING OFFICER SALT LAKE CITY, UTAH 84115 GEORGE JORGENSEN, P.E. CHIEF ENGINEER To: Salt Lake City Council Date: March 29, 1990 Reference: Notice of Intention for Special Improvement District, Project No. 50-1396 Recommendation: Adopt the attached resolution declaring its intention to create a special noncontiguous improvement district to be know as Salt Lake City, Public Utilities, Project 50-1396 Availability of Funds: Public Utilities Department: $10,457.00 Property Owners: $328, 577.00 Discussion: Delong Street from 500 South, south to Indiana Avenue: New 15" , 12" and 10" main sewer pipeline March Street from 500 South, south to approximately 650 South: New 8" pipeline main sewer pipeline All other necessary work shall be done to complete the project in a proper and workman like manner according to plans. Contact Person: Vince Houtz, Sewer Office Manager, 483-6725 Submitted by: LeRoy W. Hooton, Jr. , Public Utilities Director LWH:VH: g ebclosure cc: File NOTICE OF INTENTION Public Notice is hereby given that on the day of 1990, the City Council of Salt Lake City, Salt Lake County, Utah, adopted a resolution declaring its intention to create a special noncontiguous improvement district to be known as Salt Lake City, Public Utilities, Project 50-1396, 15 inch, 12 inch, 10 inch and 8 inch main sewer pipeline, sometimes referred to as "The District. " It is the intention of the City Council to make improvements within the District and to levy special taxes as provided in Chapter 16, Title 10 Utah Code Annotated, ( 1953 ) , as amended on the real estate lying within said district for the benefit of which such taxes are to be expended in the making of such improvements. DESCRIPTION OF DISTRICT The District will be constructed within the following described areas and boundaries and upon the streets named in the section entitled "Streets for Improvement" AREA 1: Part of the West 1/2 S.E. 1/4 Section 4 Township 1 South Range 1 West Salt Lake Base & Meridan, Sidwell map No. 15-4-41 also part of the East 1/2 S.E. 1/4 Section 4 Township 1 South Range 1 West Salt Lake Base & Meridian, Sidwell No. 15-4-42 also part of the east 1/2 N.E. 1/4 Section 9 Township 1 South Range 1 West 1/2 N.E. 1/4/ Section 9 Township 1 South Range 1 West Salt Lake Base & Meridian Sidwell No. 15-9-22 also part of the West 1/2 N.E. 1/4 Section 9 Township 1 South Range 1 West Salt Lake Base & Meridan Sidwell No. 15-9-21 . AREA 2: Part of the East 1/2 S.W. 1/4 Section 4 Township 1 South Range 1 West Salt Lake Base & Meridan Sidwell No. 15-4-32. Street for Improvement and Basis for Assessments. AREA 1 BOUNDARIES: DeLong Street from 500 South, south to Indiana Avenue AREA 2 BOUNDARIES: March Street from 500 South, south to approximately 650 South. DESCRIPTION OF IMPROVEMENTS The proposed improvements include a new 15 inch, 12 inch and 10 inch main sewer pipeline in area 1 and a new 8 inch main sewer pipeline in area 2. All other necessary things shall be done to complete the whole project in a proper and workman like manner according to preliminary plans and profile on file in the office of the Salt Lake City Public Utilities Department, 1530 South West Temple. ESTIMATED COST OF IMPROVEMENTS The total cost of improvements in said proposed Special Improvement District as estimated by the Public Utilities Director is $339, 034.00 of which the municipality will pay $10, 457.00. The remainder of approximately $328, 577 .00 shall be paid by a special tax to be levied against the property abutting upon the streets to be improved or upon property which may be affected or specifically benefited by such improvements. The estimated costs includes. an allowance for contingencies and an allowance of approximately fifteen percent of the base amount to be assessed to administrative costs, engineering, legal and other costs in connection with the issuance of bonds. The property owner portion of the total estimated cost of the improvements may be financed during the construction period by the use of interim warrants. The interest on said warrants will be assessed to the property owners. The estimated costs to be assessed against the properties within the District shall be as follows: IMPROVEMENTS AND ESTIMATED COSTS Front Feet of Abutting Estimated Cost/Foot Estimated Cost Property AREA 1: 4, 496. 44 $59 .83 $263, 027 .00 AREA 2: 2, 167. 52 $30.03 $ 65, 550.00 ASSESSMENTS AND LEVY OF TAXES The assessments may be paid by property owners in ten equal annual installments with interest on the unpaid balance at a rate or rates fixed by the City Treasurer, or the whole or any part of the assessment may be paid without interest within 15 days after ordinance levying the assessment becomes effective. The assessments shall be levied according to the benefits to be derived by each property within the District. Other payment provisions and enforcement remedies shall be in accordance with Chapter 16 of Title 10 of Utah Code Annotated, ( 1953 ) , as amended. Copies of the preliminary design plans of the proposed improvements and other related information are on file in the office of the City Public Utilities Department who will make such information available to all interested persons. TIME FOR FILING PROTESTS Any person who is the owner of record of property to be assessed in the District described in this Notice of Intention shall have the right to file in writing a protest against the creation of the District or to make any other objections relating thereto. Protests shall describe or otherwise identify the property record by the person or persons making the protest. Protests shall be filed with the City Recorder of Salt Lake City, Utah, on or before 5:00 p.m. on the day of 1990. Thereafter at 6:00 p.m. on the day of , 1990 the City Council will meet in public meeting at the City Council Chambers to consider all protests so filed and hear all objections relating to the proposed sewer line construction. 3-15-90 micro/vb BD4900 (PF) Salt Lake City, Utah April 17, 1990 A regular meeting of the City Council of Salt Lake City, Salt Lake County, Utah was held on Tuesday the 17th day of January, 1990, at the hour of 6:00 p.m. , at the offices of the City Council at 451 South State Street, Salt Lake City, Utah at which meeting there were present and answering roll call the following members who constituted a quorum: Alan Hardman Chair Nancy Pace Vice Chair L. Wayne Horrocks Councilmember Ronald Whitehead Councilmember Thomas M. Godfrey Councilmember Don C. Hale Councilmember Roselyn N. Kirk Councilmember Also present: Palmer A. DePaulis Mayor Roger F. Cutler City Attorney Kathryn Marshall City Recorder Absent: None Thereupon the following proceedings, among others, were duly had and taken: Councilmember introduced the following resolution in writing, which was read by title and moved its adoption: RESOLUTION NO. _ of 1990 A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF SALT LAKE CITY, SALT LAKE COUNTY, STATE OF UTAH, TO CONSTRUCT IMPROVEMENTS ON CERTAIN STREETS WITHIN SAID MUNICIPALITY CONSISTING OF SEWER COLLECTOR PIPELINES AND ALL OTHER MISCELLANEOUS WORK NECESSARY TO COMPLETE THE IMPROVEMENTS; TO CREATE SALT LAKE CITY, UTAH PUBLIC UTILITIES DISTRICT NO. 50-1396; TO DEFRAY THE COST AND EXPENSES OF A PORTION OF SAID IMPROVEMENT DISTRICT BY SPECIAL ASSESSMENTS TO BE LEVIED AGAINST THE PROPERTY BENEFITED BY SUCH IMPROVEMENTS; TO PROVIDE NOTICE OF INTENTION TO AUTHORIZE SUCH IMPROVEMENTS AND TO FIX A TIME AND PLACE FOR PROTESTS AGAINST SUCH IMPROVEMENTS OR THE CREATION OF SAID DISTRICT; AND RELATED MATTERS. BE IT RESOLVED by the City Council of Salt Lake City, - Salt Lake County, Utah: Section 1 . The City Council of Salt Lake City, Salt Lake County, Utah (the "City" ) hereby determines that it will be in the best interest of the City to make improvements that will include sewer collector pipelines on certain streets within the boundaries of the City (collectively, the "Improvements" ) , and to complete the whole according to the design plans, profiles and specifications on file in the Office of the Public Utilities Director of Salt Lake City, Utah. In order to finance the costs of the Improvements, the City proposes to create and establish a special improvement district, which is more particularly described in a notice of BD4900 (PF) 2 intention, to construct the proposed Improvements (the "Notice of Intention" ) . Section 2 . The proposed district shall be known as Salt Lake City, Utah Public Utilities District No . 50-1396 (the "District" ) . Section 3 . The cost and expenses of a portion of the proposed Improvements shall be paid by a special tax to be levied against the property fronting or abutting upon or situated within the District to be improved or which may be affected or specially benefited by any of such Improvements, such tax to be paid in not more than ten ( 10) equal annual installments with interest on the unpaid balance until due- and paid. Section 4. Written protests against the proposed Improvements or against the creation of the District must be presented and filed in the Office of the City Recorder of Salt Lake City, Utah on or before the 21st day of May, 1990, at the hour of 5: 00 p.m. Thereafter at 5: 00 p.m. on Tuesday, the 22nd day of May, 1990 at the City Council Chambers at 451 South State Street in Salt Lake City, Utah, any protests or comments shall be heard and considered by the City Council . The City Recorder is hereby directed to give notice of the intention to make the proposed Improvements, the time within which protests against the proposed Improvements or the creation of the District may be filed and the date when such BD4900 (PF) 3 protests will be heard and considered by publishing the Notice of Intention in the Deseret News, a newspaper of general circulation in the City. The Notice of Intention shall be published four times, once during each week for four consecutive weeks, the last publication to be not less than five (5) nor more than twenty (20) days prior to the time fixed as the last day for the filing of protests. In addition, the City Recorder shall mail a copy of the Notice of Intention by United States Mail, postage prepaid, to each owner of land to be assessed within the proposed District at the last known address of such owner, using for such purpose the names and addresses of said owners appearing on the last completed real property assessment rolls of Salt Lake City, Salt Lake County, and, in addition, a copy of the Notice of Intention shall be mailed, postage prepaid, addressed to "Owner" at the street number of each piece of improved property to be affected by the assessment. These mailings shall occur not later than ten ( 10) days after the first publication of the Notice of Intention. If a street number has not been so assigned, then the post office box, rural route number, or any other mailing address of the improved property shall be used for the mailing. Said Notice of Intention shall be in substantially the following form: BD4900 (PF) 4 NOTICE OF INTENTION PUBLIC NOTICE IS HEREBY GIVEN that on the 17th day of April , 1990, the City Council of Salt Lake City, Salt Lake County, Utah (the "City" ) , adopted and the Mayor approved a resolution declaring the intention to create a special improvement district to be known as Salt Lake City, Utah Public Utilities District No. 50-1396 (the "District" ) . It is the intention of the City Council to make improvements within the District and to levy special taxes as provided in Chapter 16, Title 10, Utah Code Annotated 1953, as amended, on the real estate lying within the District for payment of the costs of the improvements. DESCRIPTION OF DISTRICT The District will be created and improvements will be constructed within the boundaries of Salt Lake City, Utah. The improvements for the District include the construction and installation of sewer collector lines and other miscellaneous work which is necessary to complete the improvements. Location of Improvements On all of the following named streets the abutting property owners will be assessed for the described improvements at the herein below estimated rates. The area and boundaries are as follows: BD4900 (PF) 5 Streets: Delong Street from 500 South, south to Indiana Avenue (the "Delong Street Area" ) . March Street from 500 South, south to approximately 650 South (the "March-Fulton Street Area" ) . (March Street is 215 feet east of and parallel to Fulton Street [ approximately 2350 West] ) . Boundaries : The Delong Street Area is bounded on the north by 500 South, on the south by Indiana Avenue, on the east by a line 45 feet east of and parallel to the center of Delong Street and on the west by a line 300 feet west of and parallel to the center of Delong Street. The March-Fulton Street Area is bounded on the south by 650 South, on the north by 500 South, on the west by Fulton Street and on the east by a line 430 feet east of and parallel to the center line of Fulton Street. Basis for Assessment The abutting property owners whose property will be improved will be assessed the cost of such improvements on an abutting front foot basis. The Delong Street Area will be assessed at Rate No. 1 . The depth of the assessment lien shall be forty-five feet (45 ' ) to the east and 300 feet (300' ) to the west of the center line of Delong Street. The March- Fulton Street Area will be assessed at Rate No. 2 . The depth of the assessment lien shall be two hundred fifteen feet (215' ) to the east and to the west of March Street. For the amount of the applicable rate, see "Estimated Cost of Improvements" set out hereafter. A map of the District and rates for assessments are available for review in the Public Utilities Director' s BD4900 (PF) 6 Office. Also available is a list of all property owners affected and the rate schedule for each. All other necessary things shall be done to complete the whole project according to plans, profiles and specifications on file in the office of the Public Utilities Director. ESTIMATED COST OF IMPROVEMENTS The total cost of improvements in said proposed Special Improvement District as estimated by the Public Utilities Director is $339, 034, of which it is anticipated the City will pay approximately $10, 457 (the "City' s Portion" ) . The remainder of approximately $328, 577 shall be paid by a special_ tax to be levied against the property abutting upon the streets to be improved or upon property which may be affected or specifically benefited by such improvements. The actual commitment of the City to pay the City' s Portion is subject to the availability of funds and compliance with budget approval . The estimated property owner' s costs include construction costs, a portion of engineering expenses, possibly a portion of a debt service reserve, an allowance for interest on interim warrants issued to finance construction of the improvements and an allowance of approximately fifteen percent ( 15%) for administrative costs, a possible underwriter' s discount on sale of bonds, a portion of engineering expenses, legal and other costs in connection with the issuance of BD4900 (PF) 7 bonds . The estimated cost to be assessed against the properties within the District shall be as follows: IMPROVEMENTS AND ESTIMATED COSTS Abutters Estimated Cost per front foot Estimated Rate of abutting Cost to No. Improvements Quantity Property Abutters 1 . New 10" , 12" and 15" main sewer pipeline 4,397.08 LF $59.83 $263,077 2. New 8" main sewer pipeline 2,181.15 LF $30.03 $ 65,500 Total Estimated Abutters Portion of Improvements $328,577- Total Estimated City' s Portion of Improvements $ 10,457 TOTAL ESTIMATED PROJECT COST: $339,034 The proposed assessment will be equal and uniform based on benefits received. The adjustment for the City' s Portion has been taken into account in the Table above so that the Estimated Cost per unit represents the net estimated cost to be assessed to the property owner. ASSESSMENTS AND LEVY OF TAXES It is the intention of the City Council of Salt Lake City, Utah to levy assessments as provided by the laws of the State of Utah on all parcels and lots of real property within the District benefiting from the improvements. The purpose of the assessments and levy is to pay those costs of the BD4900 (PF) 8 subject improvements. The method of assessment shall be by lineal front foot, square foot and/or extra cost as set forth herein. Assessments may be paid by property owners in ten ( 10) approximately equal annual installments. In order to fund the first semiannual interest payment on bonds of the District, the first payment date of an assessment installment may be less than one year from the date of adoption of the assessment ordinance. Thereafter, assessment installments will fall due on the anniversary date of the first installment payment. Interest will accrue on the unpaid balance at a rate or rates to be fixed by the City Treasurer. The whole, or any part of, ' the assessment may be paid without interest within fifteen ( 15) days after the ordinance levying the assessment becomes effective . The assessments shall be levied according to the benefits to be derived by each property owner within the District. Other payment provisions and enforcement remedies shall be in accordance with Chapter 16, Title 10, Utah Code Annotated 1953 , as amended. TIME FOR FILING PROTESTS Any person who is the owner of record of property to be assessed in the District described in this Notice of Intention shall have the right to file, in writing, a protest against the creation of Salt Lake City, Utah Public Utilities District No. 50-1396, or to make any other objections relating thereto. BD4900 (PF) 9 Protests shall describe or otherwise identify the property record by the person or persons making the protest. Protests may be filed with the Chief Deputy City Recorder of Salt Lake City, Utah, on or before 5 :00 p.m. on the 21st day of May, 1990. No protest will be considered for purposes of creating the District if it is received by the Chief Deputy Recorder later than this protest filing deadline. Thereafter, at 5 : 00 p.m. on the 22nd day of May, 1990, the City Council will meet in public meeting at the City Council Chambers to consider all protests so filed and hear all objections relating to the proposed District. CALCULATION OF PROTEST RATE A protest rate shall be determined by aggregating the total lineal footage of assessable property for all property owners filing written protests and dividing it by the total lineal footage for all property owners to be assessed within the proposed District. After the written protest rate has been determined, the City Council may, at its discretion, delete areas from the District. At the time of creation of the District, the written protests of property owners in any area not included in the District will not be used in determining the protest rates. The City Council will rescind its intention to create the District if the protest rate exceeds fifty percent (50%) after deletions, if any, have been made in the Modified District. BD4900 (PF) 10 BY ORDER OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH /sf Kathryn Marshall City Recorder BD4900 (PF) 11 Councilmember seconded the motion to adopt the foregoing resolution. The motion and resolution were unanimously adopted on the following recorded vote: Those voting AYE: Those voting NAY: BD4900 (PF) 12 After the conduct of other business not pertinent to the above, the meeting was, on motion duly made and seconded, adjourned. Chair ATTEST: City Recorder ( S E A L ) BD4900 (PF) 13 PRESENTATION TO THE MAYOR The foregoing resolution was presented to the Mayorfor his approval or disapproval on the 17th day of April, 1990. Chair MAYOR'S APPROVAL OR DISAPPROVAL The foregoing resolution is hereby approved this 17th day of April, 1990. Mayor BD4900 (PF) 14 STATE OF UTAH ) . ss. COUNTY OF SALT LAKE ) I , Kathryn Marshall, the duly chosen, qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify as follows: 1 . That the foregoing typewritten pages constitute a full, true and correct copy of the record of proceedings of the City Council at a regular meeting thereof held in said Municipality on April 17, 1990 at the hour of 5:00 p.m. , insofar as said proceedings relate to the consideration and adoption of a resolution declaring the intention of the City Council to create Salt Lake City, Utah Public Utilities District No. 50-1396 and make certain improvements therein described as the same appears of record in my office; that I personally attended said meeting, and that the proceedings were in fact held as in said minutes specified. 2 . That due, legal and timely notice of said meeting was served upon all members as required by law and the rules and ordinances of said Municipality. 3 . That the above resolution was deposited in my office on April 17, 1990, has been recorded by me, and is a part of the permanent records of Salt Lake City, Salt Lake County, Utah. BD4900 (PF) 15 IN WITNESS WHEREOF, I have hereunto subscribed my official signature and affixed the seal of said Municipality this 17th day of April, 1990. City Recorder ( S E A L ) BD4900 (PF) 16 STATE OF UTAH ) AFFIDAVIT OF MAILING : ss. NOTICE OF INTENTION COUNTY OF SALT LAKE ) I , Kathryn Marshall, the duly chosen, qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify that the attached Notice of Intention was approved and adopted in the proceedings of the City Council held on Tuesday, the 17th day of April, 1990. I further certify that on the day of 1990 (a date not later than ten ( 10) days after the first publication of the Notice of Intention) I mailed a true copy of the Notice of Intention to create Salt Lake City, Utah Public Utilities District No. 50-1396 by United States Mail, postage prepaid to each owner of land to be assessed within the proposed Special Improvement District at the last known address of such owner, using for such purpose the names and addresses appearing on the last completed real property assessment rolls of Salt Lake County, and in addition I mailed on the same date a copy of said Notice of Intention addressed to "Owner" addressed to the street number, post office box, rural route number, or other mailing address of each piece of improved property to be affected by the assessment. I further certify that a certified copy of said Notice of Intention, together with profiles of the improvements and a map of the proposed District, was on file in my office for inspection by any interested parties. BD4900 (PF) 17 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of Salt Lake City, Salt Lake County, Utah this day of , 1990. City Recorder ( S E A L ) BD4900 (PF) 18 (Affidavit of proof of publication of the Notice of Intention to create Salt Lake City, Utah Public Utilities District No. 50-1396. ) BD4900 (PF) 19 CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I , the undersigned City Recorder of Salt Lake City, Salt Lake County (the "City Recorder" ) , do hereby certify, according to the records of the City Council in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-6(2) , Utah Code Annotated 1953, as amended, I gave not less than twenty-four (24) hours public notice of the agenda, date, time and place of the April 17, 1990 public meeting held by the City Council as follows: (a) By causing a Notice in the form attached hereto as Exhibit "A" , to be posted at the offices of the Salt Lake City Council on April , 1990, at least twenty-four (24) hours prior to the convening of the meeting, said Notice having continuously remained so posted and available for public inspection until the completion of the meeting; and (b) By causing a copy of such Notice, in the form attached hereto as Exhibit "A" , to be delivered to the Deseret News on April , 1990, at least twenty-four (24) hours prior to the convening of the meeting. BD4900 (PF) 20 IN WITNESS WHEREOF, I have hereunto subscribed my official signature this 17th day of April, 1990. City Recorder ( S E A L ) BD4900 (PF) 21 EXHIBIT "A" Notice BD4900 (PF) 22 OFFICE OF THE CITY COUNCIL CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, ROOM 304 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7600 April 13, 1990 MEMORANDUM TO: COUNCIL ME BERS FROM: CINDY GUST-JENSON SUBJECT: TRANSFER OF RAPE CRISIS FUNDING Since funding for the Rape Crisis center has been in the news lately, I wanted to clarify the action you are being asked to take on this agenda item. The City and the County often both appropriate funding to the same agencies. There is a cooperative relationship under which one entity generally administers the grants for both entities, in order to prevent duplication. In this case, Salt Lake County is handling the funds for both the City and the County relating to the Rape Crisis Center. The County will disburse, audit and monitor the project. Your action on this does nothing more than move funds from the City to the County. LEE KING SAM r ® GIT�Y(�ORPn" tIt 1 DIRECTOR COMMUNITY and ECONOMIC DEVELOPMENT Capital Planning and Programming CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, ROOM 418 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7902 April 3, 1990 TO: Alan G. Hardman, Chairperson Salt Lake City Council RE: RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY AND SALT LAKE COUNTY FOR IMPROVEMENTS AT THE RAPE CRISIS CENTER RECOMMENDATION: That the City Council execute the attached resolution authorizing the Mayor to enter into an Interlocal Cooperation Agreement between Salt Lake City and Salt Lake County for improvements at the Rape Crisis Center. FUNDING: Salt Lake City will contribute $68,000 from CDBG funds that have already been allocated by the City Council for this project and Salt Lake County will contribute $43,400 from its CDBG funding. BACKGROUND AND DISCUSSION: The Rape Crisis Center is located at 2035 South 1200 East, Salt Lake City, Utah. The CDBG funds allocated to this project are for the purpose of rehabilitating the building. Salt Lake City and Salt Lake County have agreed that the County will be lead agency and that the City will contribute its funding to the County. The County will disburse, audit and monitor the project. CONTACT PERSON: Bob Gore, 535-7122 . Sincerely, J.Vaa Lee Kin Director RESOLUTION NO. OF 1990 AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY AND SALT LAKE COUNTY WHEREAS, Title 11, Chapter 13, U.C.A. , 1953, as amended, allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS , the attached agreement has been prepared to accomplish said purposes; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1 . It does hereby approve the attached agreement generally described as follows : An agreement between Salt Lake City and Salt Lake County for improvements at Rape Crisis Center to rehabilitate the building at 2035 South 1200 East, Salt Lake City, Utah. 2 . Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is hereby authorized to execute said agreement on behalf of Salt Lake City Corporation and to act in accordance with its terms . Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . SALT LAKE CITY COUNCIL By ATTEST: CITY RECORDER 7IPPROVED AS TO FORM SIN We Attorney's Office Dale 0 - Salt Lake County Contract No . NV0/O'-C INTERLOCAL COOPERATION AGREEMENT between SALT LAKE COUNTY and SALT LAKE CITY for CONTRIBUTION TO A COMMUNITY DEVELOPMENT PROJECT RAPE CRISIS CENTER THIS AGREEMENT is entered into and shall be effective as of January 1, 1990 , by and between Salt Lake County, a body corporate and politic of the State of Utah (the County) , and Salt Lake City, a municipal corporation of the State of Utah (the City) . RECITAL S: A. The Federal Housing and Community Development Act of 1974 , as amended (the Act) , provides for the financial participation of the federal government in various state and local government housing and community development activities and programs which are administered by the U. S. Department of Housing and Urban Development (HUD) ; B . The Act specifies that its primary objectives include the improvement and development of local urban and metropolitan communities by providing financial assistance to them under a block grant program (CDBG) for the conduct and administration of housing and community development activities and projects as contemplated under the Act (the CDBG Program) : C. The City and the County (the Parties) are each qualified under the Act and under separate entitlements to receive and do receive CDBG funds from HUD by annual grant agreements to conduct various community development projects under that Program; D. The Parties have mutual interests in assisting the renovation and improvement of certain property and facilities located in the City and known as the Rape Crisis Center and have determined that such renovation and improvement is in the public interest and qualifies as a project under the HUD rules and regulations for which CDBG Program funds may be expended (the Project) ; E. The parties have decided that it is desirable to have the Project accomplished as a cooperative effort between them but that the County should be responsible for the actual conduct of the Project under a Subgrant Agreement between the County and the Rape Crisis Center and that the City should participate only to the extent of contributing to the costs thereof from its CDBG funds; and F. Under the various provisions of Utah law governing contracting by governmental entities and by virtue of the specific authority granted therefor by the Interlocal Cooperation Act, Utah Code Annotated, §11-13-1, et seq. , 1953 as amended, any two or more political subdivisions of the state may enter into agreements with one another for joint or cooperative action and may contract with each other to perform -2- any governmental service, activity or undertaking which each political subdivision entering into the contract is authorized by law to perform; THEREFORE, in consideration of their mutual promises , representations and other provisions contained herein, the Parties agree as follows : 1 . Under a CDBG program Subgrant Agreement between the County and the Rape Crisis Center , the County shall be responsible for and shall cause the Project to be performed at the Rape Crisis Center located at 2035 South 1200 East , Salt Lake City, Utah. The improvements to be constructed have been designated as a County Project under its CDBG Program and is identified by the name of the property to be improved and by the assignment of a County Project number as follows : (a) Rape Crisis Center- Project No. SG17CNTY14 . The Project is described with more particularity in the plans and specifications and other contract documents for the Project which are on file at the Rape Crisis Center ' s Office and which are incorporated herein by this reference thereto . 2 . It is estimated that the total cost of the Project to be paid out of 14th CDBG Program Year funds is $111, 400 . Of that total the County will contribute $43 , 400 and the City will contribute $68 , 000 . As the lead agency, the County will bill the City not more often than one time per month for payment of the City' s proportionate share of the costs incurred on the Project during the previous month or since the last billing by -3- the County for the Project . The cumulative total amount of all billings , however, shall not exceed the amount shown above as the City ' s share . The County shall specify in the bill the Project name, number , total costs incurred to date and the City' s share of the Project costs . The City agrees to pay the billed amounts to the County in a timely manner , which amounts are hereby fixed for this Project for contribution by the City at a ceiling not-to-exceed $68 , 000 . It is understood that the County has entered into a separate Subgrant Agreement with the Rape Crisis Center regarding the conduct of the Project and the County ' s obligation toward the financing of the Project . Under that agreement, the Rape Crisis Center is responsible for the payment of all costs of the Project and the County' s and the City' s total contributions are limited as provided herein. In addition, the parties acknowledge that , by this agreement , the City incurs no responsibility or additional liability for the conduct of the Project or the operation, maintenance, construction or repair of the Project or otherwise. 3 . The County represents that its ability to participate in the Project is based upon the County' s general powers , as provided by law, to provide for the care, maintenance and relief of the indigent sick or dependent poor persons and to provide social services for County residents on a county-wide basis . 4 . The Project will be using CDBG Program funds , and therefore, the Parties agree to comply, as appropriate, with -4- the provisions of the Act and all applicable rules and regulations , circulars , guidelines , directives and other requirements of the departments and offices of the federal government that pertain to the conduct of Community Development projects and activities . 5 . In the conduct of the Project, the County will cause all contractors to provide the required payment and performance bonds and general liability insurance and to have the bonds and insurance structured and conditioned so that the parties are protected from any and all liability for liens, claims , or damages of any kind or nature arising out of the performance of the Project . 6 . This agreement shall not have a specific period of performance but shall terminate at any time upon the mutual written consent of the Parties or when the Project has been completed and all payments have been made as required by this Agreement , as it may be amended or supplemented. IN WITNESS WHEREOF, the Parties have caused this agreement to be duly executed by their authorized officers on the dates indicated as follows : Salt Lake City, , 1990; Salt Lake County, , 1990 . SALT LAKE CITY CORPORATION By PALMER A. DePAULIS, Mayor -5- ATTEST: City Recorder (SEAL) SALT LAKE COUNTY By D. MICHAEL STEWART, Chairman Board of County Commissioners ATTEST: H. DIXON HINDLEY Salt Lake County Clerk (SEAL) APPROVED AS TO FORM: Salt Lake County Attorney' s Office By 1c z- Deputy County Attorney Date : (L718+) -6- BD2989(PF) Salt Lake City, Utah April 17, 1990 A regular meeting of the City Council of Salt Lake City, Salt Lake County, Utah, was held on Tuesday, April 17, 1990, at the hour of 6: 00 p.m. at the offices of the City Council at 451 South State Street, Salt Lake City, Utah at which meeting there were present and answering to roll call the following members who constituted a quorum: Alan Hardman Chair Nancy Pace Vice Chair Roselyn N. Kirk Councilmember L. Wayne Horrocks Councilmember • Thomas M. Godfrey Councilmember Ronald Whitehead Councilmember Don C. Hale Councilmember Also present: Palmer A. DePaulis Mayor Roger Cutler City Attorney Kathryn Marshall City Recorder Absent: None Thereupon the following proceedings, among others, were duly had and taken: Pursuant to published notice concerning the creation of Salt Lake City, Utah Lighting District No. 1 (the "District" ) , a public hearing was held on March 13, 1990 at which there were no oral protests. The number of written protests received by the City against creation of the District, as calculated and as reported by the City Transportation Engineer, equal 2. 0% of property owners, and equal 2. 6% of total footage of abutting property in the proposed District. On a block by block basis, the protests represented less than 50% of the front footage of abutting property in the proposed District with the exception of Signora Drive from 900 West to Los Angeles Street and Goodwin Avenue from Catherine Street to Colorado Street. It is the recommendation of the City Transportation Engineer that the services and improvements proposed and described in the Notice of Intention to create Salt Lake City, Utah Lighting District No. 1 be. amended to eliminate the portion of Signora Drive and Goodwin Avenue described in the above paragraph and that the District be created. Assessment rolls have been prepared for action and consideration by a Board of Equalization and Review and by the City Council, which assessment rolls will be kept on file in the office of the Division of Transportation and available for inspection by any interested property owner. BD2989(PF) 2 Specifications and plans have been prepared as a basis for bidding upon the proposed improvements and operations. The City Transportation Engineer has arranged for the publication of an invitation to bidders with a City Council bid opening to occur on May 8, 1990. Having considered the protests and the recommendations of the City Transportation Engineer, Councilmember introduced a resolution to create the District and to appoint a Board of Equalization and Review and moved its adoption. The resolution reads as follows: BD2989(PF) 3 RESOLUTION NO. OF 1990 A RESOLUTION TO CREATE SALT LAKE CITY, UTAH LIGHTING DISTRICT, NO. 1, AS DESCRIBED IN THE NOTICE OF INTENTION CONCERNING THE DISTRICT, WITH THE EXCEPTION OF THE DELETION FROM THIS DISTRICT OF SIGNORA DRIVE FROM 900 WEST TO LOS ANGELES STREET AND GOODWIN AVENUE FROM CATHERINE STREET TO COLORADO STREET; AUTHORIZING THE CITY OFFICIALS TO PROCEED TO MAKE IMPROVEMENTS AS SET FORTH IN THE NOTICE OF INTENTION TO CREATE AND OPERATE THE DISTRICT; SETTING THE DATES FOR THE BOARD OF EQUALIZATION TO HEAR AND CONSIDER OBJECTIONS AND CORRECTIONS TO ANY PROPOSED ASSESSMENTS; AND AUTHORIZING THE CITY RECORDER TO PUBLISH AND MAIL A NOTICE OF MEETINGS OF THE BOARD OF EQUALIZATION AND REVIEW; AND RELATED MATTERS. WHEREAS, the City Council of Salt Lake City, Utah (the "Council" ) adopted a Notice of Intention to create the Salt Lake City, Utah Lighting District No. 1 (the "District" ) on February 6, 1990 and published said Notice on February 13, 20, 27 and March 6, 1990;= and WHEREAS, in accordance with the Notice of Intention and after giving notice as required by statute, a hearing was held before the Council on March 13, 1990; and WHEREAS, prior to and at the hearing, persons having an interest in the District were allowed to protest the creation thereof; and WHEREAS, there were no oral protests presented, but written protests were filed representing 2 . 6% of the total front footage of the abutting properties within the District; and BD2989(PF) 4 WHEREAS, the City Transportation Engineer has recommended creation of the District after deleting certain areas where there was a high rate of written protests; and WHEREAS, the City Transportation Engineer has prepared the proposed assessment roll for the District and the Council desires to establish a board of equalization and review for the purpose of considering any objections and corrections to said assessment roll : NOW, THEREFORE, BE IT RESOLVED BY THE City Council of Salt Lake City, Utah as follows: Section 1 . It will be in the best interest of Salt Lake City (the "City" ) to construct, maintain and operate the improvements identified and described in the Notice of Intention for the Salt Lake City, Utah Lighting District, No . 1 (the "District" ) , excluding Signora Drive from 900 West to Los Angeles Street and Goodwin Avenue from Catherine Street to Colorado Street. Section 2 . The City Council has heretofore considered written protests on file with the City Recorder. A hearing was held to give each and every person who wished to be heard an opportunity to protest against the creation of the District or the construction of any of the improvements therein. Section 3 . Improvements proposed and described in the Notice of Intention with the exception stated in Paragraph 1 BD2989(PF) 5 are hereby authorized and the District is hereby created to construct, maintain and operate these improvements. Section 4. The area included within the District is described in the Notice of Intention as modified by the deletion of a portion of Signora Drive and Goodwin Avenue. The legal description or tax identification numbers of the included properties are more fully set forth in Exhibit "A" attached hereto. Section 5 . As required by law, the City Transportation Engineer is hereby authorized and directed to file a copy of the Notice of Intention and this Resolution creating the District as finally approved, together with a list of properties proposed to be assessed, described by tax identification number and legal description in the Salt Lake County Recorder' s office within five days from the date hereof. Section 6. A Board of Equalization and Review, as required by law, for the District (the "Board" ) is hereby appointed, consisting of the following City staff personnel: City Recorder or designee City Transportation Engineer, Public Works Director or other designee City Attorney or designee City Treasurer of designee BD2989(PF) 6 -� V Section 7. The Board shall sit as fit +" k mat ate t , ' ,,v1 ,'-• Equalization and Review on the special assessme. r}�" `+"."as C"Y'+ f4; ,4-°,,s: be levied and assessed on the property within t1 I t� ,i•7 a t�k� �-k� } . :St,�4, -� g- the Council Chambers Room, City and County Buildi `-" R " '"''2 State, Salt Lake City, Utah, on May 15 and 16, .A- the hours of 4:00 p.m. and 5:00 p.m. , and on I �a ,.. between the hours of 6:00 p.m. and 7:00 p.m. t T3.a�:? 'ia_y' . , *. :rtiy. ,,;r consider any objections to and make correctic „wartp �- `,. proposed assessments which the Board may deem i ': P : t _,, W unjust. le . Section 8. The City Recorder is hereby auth( ;.'-merM ee:,44-.•s ..�.C. -Jk- t•�., directed to publish and mail, as provided by law 9�:a �.,=� may,. �:. ' ,� ,� ordinances of the City, a notice of meeting of the Boq yr ': f notice to be in substantially the following form: A s a,;A' ^' {-.1'1-;,:,.,4 wfiat. t` �1F:�y,.i� r+.•; 4•r;•- -' SSA^.?,:fij..1 S,„;;A � - ��..�'.�.+�_ �•- ^r sus+t. s ;,,.W tti4 rA:...is -A,t! . --KK _mod^j'�iJ".. 3 Yt ! 1Fv ur7- -" ,{C ::A BD2989(PE) 7 y .AE-', c.: tti-:xYis • ';. CA - 1 J NOTICE OF MEETING OF BOARD OF EQUALIZATION AND REVIEW NOTICE IS HEREBY GIVEN that an assessment tax is about to be levied by the City Council of Salt Lake City, Utah, in Salt Lake City, Utah Lighting District No. 1 (the "District" ) , pursuant to the Notice of Intention heretofore published and mailed to all property owners to be affected in the District. Four City staff personnel of Salt Lake City, Utah have been duly appointed to act as the Board of Equalization and Review on the tax proposed to be levied on the property within Lighting District No. 1 for Salt Lake City. NOTICE IS FURTHER GIVEN that the lists of the property in the District which is subject to said proposed tax and the various amounts of tax against said property have been completed and are available for examination at the Office of the Division of Transportation, Suite 201, 333 South 200 East, Salt Lake City, Utah. The City personnel sitting as a Board of Equalization and Review on the tax proposed to be levied on Lighting District No. 1 for Salt Lake City, Utah will meet at the Council Chambers Room, City and County Building on Tuesday and Wednesday, May 15 and 16, 1990, between the hours of 4:00 to 5:00 p.m. and on Thursday, May 17, 1990 between the hours of 6: 00 to 7:00 p.m. to hear and consider any objections to and make any corrections of any proposed assessments which said Board may deem unequal or unjust. BD2989(PF) 8 The lists and plats and amount of the proposed assessment against each parcel of property shall be open to public inspection from 8:00 a.m. to 3 :30 p.m. continuously at the Division of Transportation, 333 South 200 East, Suite 201, Salt Lake City, Utah up to and including the dates and times specified for the hearings of the Board of Equalization and Review. The District will be located within areas and boundaries described by metes and bounds in the resolution of February 6, 1990. The resolution, maps and other information about the District are available for examination in the offices of the Salt Lake City Division of Transportation, 333 South 200 East, Salt Lake City, Utah 84111. Assessments shall be in accordance to the benefits and improvements received; however, when the owner of a residence abutting the required improvements shall have a combined family income at or below the very low income level guidelines established by the Department of Housing and Urban Developments in its "Income Limits for Housing and Community Developments, Section 8 Program for Salt Lake City and Ogden, Utah SMSA" , as amended from time to time, the property may be eligible for a low income deferment. Such owner must file an application therefor with the City, in order for the payments required to be deferred. BD2989 (PF) 9 To be eligible for a low income deferment, the property must be residential and owner occupied. New application for deferment of annual installments will be accepted throughout the entire life of the special assessment district from prior to the Board of Equalization meetings through the expiration date. The property owners will be required to submit documentation of their income to the City for an evaluation for a deferment. Initially, completed applications will be reviewed by the Redevelopment Agency to verify eligibility. The deferment agreements will be reviewed on a regular basis to verify property ownership, and the current economic status of the owner. If and when the deferment requirements are no longer met, the then current owner will be notified that the deferment agreement must be satisfied within 30 days or the deferment status will be void and all delinquent interest and charges will be imposed. By order of the City Council of Salt Lake City, Utah, this day of April, 1990. /s/ Kathryn Marshall City Recorder ( S E A L ) • BD2989(PF) 10 Section 9 . The City Recorder is hereby directed to enter the foregoing proceedings upon the records of the City, and to cause a notice to be published in one issue of the Deseret News, a newspaper published in the City and having general circulation therein, the publication to be at least twenty (20) and not more. than thirty-five (35) days prior to the date on which the Board of Equalization and Review will begin hearings . A copy of the notice set forth in Section 8 above shall not later than ten (10) days after publication of such notice, be mailed, postage prepaid, to each owner of land to be assessed within the proposed special improvement district at the last known address of such owner using for such purpose the names and addresses appearing on the last completed real property assessment rolls of the county wherein said affected property is located. In addition, a copy of such notice shall be addressed to "Owner" and shall be so mailed, addressed to the street number of each of improved property to be affected by the assessment. After due consideration of said resolution by the City Council, Councilmember seconded its adoption and the same was adopted by the following vote: BD2989(PF) 11 AYE: NAY: ADOPTED AND APPROVED this 17th day of April, 1990. Chair • ATTEST: City Recorder ( S E A L ) BD2989(PF) 12 After conduct of other business not pertinent to the above, on motion duly made, seconded and carried, the meeting was adjourned. Chair ATTEST: City Recorder ( S E A L ) BD2989(PE) 13 4 R 4 PRESENTATION TO THE MAYOR The foregoing resolution was presented to the Mayor for his approval or disapproval on the 17th day of April, 1990. Chair MAYOR'S APPROVAL OR DISAPPROVAL The foregoing resolution is hereby approved this 17th day of April, 1990. Mayor = BD2989(PF) 14 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 that the foregoing is a full, true and correct copy of the minutes of a regular meeting of the City Council of Salt Lake City held in the City Council Chambers in Salt Lake City on Tuesday, the 17th day of April, 1990, at the hour of 6:00 p.m. as recorded in the regular official book of minutes as kept in my official office, that said proceedings were duly had and taken as therein shown, and that all the members were given due, legal and timely notice of said meeting as therein shown. I further certify that I delivered to the Deseret News, a newspaper published in said Municipality and having general circulation therein, a notice of meetings of the Board of Equalization and Review for Salt Lake City, Utah Lighting District No. 1 for publication at least twenty (20) and not more than thirty-five (35) days prior to the date said Board will begin its hearings. BD2989(PF) 15 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Salt Lake City this day of April, 1990. City Recorder ( S E A L ) BD2989(PF) 16 STATE OF UTAH ) ss. MAILING CERTIFICATE 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 that I mailed a copy of the Notice of meetings of the Board of Equalization and Review, postage prepaid, to each owner of property to be assessed within Salt Lake City, Utah Lighting District No. 1, at the last known address of such owner, using for such purpose the names and addresses appearing on the last completed real property assessment rolls of the County in which the property is located, and, in addition, I mailed, postage prepaid, a copy of such Notice addressed to "Owner" at the street number of - each piece of improved property to be assessed. Said Notices were mailed by me on , 1990, that being not later than ten ( 10) days after the first publication of the Notice in the Deseret News as above certified. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Salt Lake City, Utah, this day of April , 1990. City Recorder ( S E A L ) BD2989 (PF) 17 PROOF OF PUBLICATION Attached to this page is the Proof of Publication, indicating by the affidavit of the publisher that the Notice of Meetings of the Board of Equalization and Review was published one time in the Deseret News. • BD2989(PF) 18 STATE OF UTAH ) : ss. CERTIFICATE OF FILING COUNTY OF SALT LAKE ) I , Kathryn Marshall, the duly qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify that on the day of April, 1990, pursuant to Section 10-16-7, Utah Code Annotated 1953, as amended, a copy of the Notice of Intention dated February 6, 1990 and the Resolution dated April 17, 1990 creating Salt Lake City, Utah Lighting District No. 1 (the "District" ) as finally approved, together with a list of properties proposed to be assessed described by tax identification number or legal description, was filed in the Salt Lake County Recorder' s Office within five (5) days of the date of Creation of the District. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said Municipality this day of April, 1990. City Recorder ( S E A L ) BD2989(PF) 19 CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I , Kathryn Marshall, the undersigned City Recorder of Salt Lake City, Salt Lake County, Utah (the "City" ) , do hereby certify, according to the records of the City in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-6(2) , Utah Code Annotated 1953 , as amended, I gave 'not less than twenty-four (24) hours public notice of the agenda, date, time and place of the April 3, 1990 public meeting held by the City as follows: (a) By causing a Notice, in the form attached hereto as Schedule "A" , to be posted at the City' s principal offices at the City and County Building, Salt Lake City, Utah on April , 1990, at least twenty-four (24) hours prior to the convening of the meeting, said Notice having continuously remained so posted and available for public inspection until the completion of the meeting; and (b) By causing a copy of such Notice, in the form attached hereto as Schedule "A" , to be delivered to the Deseret News on April , 1990, at least twenty-four (24) hours prior to the convening of the meeting. BD2989(PF) 20 IN WITNESS WHEREOF, I have hereunto subscribed my official signature this 17th day of April, 1990. City Recorder ( S E A L ) BD2989(PF) 21 A SCHEDULE "A" NOTICE OF MEETING BD2989(PF) 22 J_ C , ;�Y 'A -F ° ' EXHIBIT "A" - 1 TAX IDENTIFICATION NUMBERS AND LEGAL H: DESCRIPTIONS OF PROPERTIES TO BE ASSESSED st: A complete list consisting of pages of tax I .D. IV numbers and property descriptions is available for inspection "fir,- at the office of the Division of Transportation of Salt Lake City Public Works. On or before April 20, 1990, a copy of the Resolution of April 17, 1990, to which this is an exhibit, a copy of the Notice of Intention, the tax identification numbers and property legal descriptions of all property to be assessed will be filed for recording with the Salt Lake County '' ••l Recorder, 1 I K!t_ X: ;'.r. LY>�: — -- - - `jr S v__ sF- a.::!i 'E i J,h A"qt3 r4 N�,a: 11-47,1 s':',A BD2989(PF) 23 W✓S workmanlike manner. Said improvements are more particularly described in the Assessment List. The assessments are hereby levied and assessed upon each of the parcels of real property described in the Assessment List according to the extent that they are specially benefited by the improvements acquired or constructed within the District. The assessments are levied upon the parcels of land in the District at equal and uniform rates. Section 4. Cost of Improvements; Amount of Total Assessments. The total cost of the improvements in the District is $1,971, 358.00, including allowable related expenses. Of this total cost, the Issuer' s portion is $1,043,097.73 . The Issuer" s portion for the District includes that part of the overhead costs for which an assessment cannot be levied, if any, and the cost of making improvements for the benefit of property against which an assessment may not be levied, if any. The amount to be assessed against property affected or benefited by the improvements in the District is $928,260.27. This amount does not exceed in the aggregate the sum of: (a) the total contract price or prices for the improvements under contract duly let to the lowest and best responsible bidder therefor and a portion of the costs of engineering, designing and inspection; (b) the reasonable cost of utility services, maintenance, labor, materials or equipment supplied by the Issuer, if any; (c) the property BD4772 (PE) 5 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) . Section 5 . Method and Rate. The total assessment for the District is levied in accordance with the method set out in the Notice of Intention pertaining to the District. The applicable rate for each property was determined based on costs as set out in the preceding Section. Section 6. Payment of Assessments. 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 of ten ( 10) years from the effective date of this Ordinance in ten ( 10) substantially equal annual principal and interest installments . Interest on the unpaid balance of the assessment shall accrue at the same rate as the net effective interest rate of the special assessment bonds anticipated to be issued by the Issuer. The first assessment payment date shall be on or about November 1, 1990. The remaining annual assessment payment dates shall be the anniversary dates of the first assessment payment date. Interest shall accrue from the effective date of this Ordinance. Each assessment installment shall include one year' s interest. BD4772 (PF) 6 E3 PALMER DEPAULIS S L.,Ar , .I/�% y(lfj�®�t ®RA 1�®\N4 MAX G. CITY PETERSON.E P.E. MAYOR ,csl.c--1: DEPARTMENT OF PUBLIC WORKS City Engineering Division 444 SOUTH STATE STREET SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7871 TO : SALT LAKE CITY COUNCIL DATE: FEBRUARY 27 , 1990 REFERENCE : Board of Equalization for Special Improvement District No . 38- 830 , West Temple Curb & Gutter Extension . RECOMMENDATION ; That the findings and recommendations of the Board of Equalization for the Special Improvement District No . 38-830 be approved when Council adopts the assessment ordinances . AVAILABILITY OF FUNDS ; Property Owner Assessment . DISCUSSION ; The Board of Equalization meetings for above Special Improvement District were held February 13 , 14 , and 15 , 1990 . The Board was comprised of City Engineer , Max G . Peterson ; City Recorder's Designee , Linda Domino ; City Treasurer's Designee , Nancy Nielson ; and City Attorney Bruce Baird . The Board reviewed property owner concerns and the proposed assessments for the properties within the District . The Board reconvened and made their decisions on February 27 , 1990 . Attached is a copy of the report of the Board of Equalization to be approved by City Council when assessment ordinance is adodpted . CONTACT PERSON : MARK MORRISON , P . E . , Project Manager , 535-6031 . SUBMITTED BY : JOSEPH R . ANDERSON , Director of Public WorksYiti They claimed their carriage walk had been made smaller and detracts from the appearance of their business . Mark Morrison will investigate . They also stated their Christmas lights did not light up. Max Peterson requested this be checked out . Mark Morrison reiterated the problem with the electrical breakers relative to the Christmas lights . Ms . Barton said the lights at the New Yorker are still lit at night. Mark said he would check that out as well . They then expressed their dissatisfaction with the trees . The trees block the signs and it is difficult for customers to see the signs through the trees . They do not like the requirement that signs need to be placed so high . They compared their sign with the David Early sign which is much lower . Max Peterson stated the Board has no control over signage and referred them to the Planning Department . Response: Mark Morrison measured Mr . Brown ' s & Mr . Ware ' s sidewalk and determined the were the same width. Mr . Brown ' s carriage walk is 2 feet narrower than Mr . Ware ' s and therefore should be granted an assessment reduction . The reduction will be $6 . 10 for removing the existing concrete and $69 . 75 for replacing it with a 2 foot wider walk for a total of $75 . 85 . Mark will get with the contractor to solve the problem with the electrical breakers . Wednesday, February 14 , 1990 - 4: 00 to 5: 00 p.m. Property Owner Burt & Dorothy Wells 149 West 200 South Mr . Horst Young & Marianne Young , Leasing property. Wondered how the payment was to be made and the tree that was planted in their parking was too close to the meter and causing problems . Also they could not get electricity to the tree for Christmas lights . Max Peterson explained the payment plan to them. Mark Morrison will go look at the tree and check out the electrical problem. Response: Mark will get with the contractor and have the problem corrected. The following are adjustments to be made as a result of errors found in the original assessment documents . 1 . H. S . Limited 144 W. Pierpont Ave. SID #15-01-276-016-0000 Exclude 30 . 36 feet - Rate 14 2 . Preston Property Management Co. 160 W. Pierpont Ave. STD #15-01-276-015-0000 Exclude 20 feet - Rate 14 3 . West Temple Properties & Kimball Investment Corp. 306 So. West Temple SID #15-01-279-005-0000 Change assessment footage to 202 . 25 feet - Rate 10 4 . First Security Bank 48 West 300 South SID #15-01-283-002-0000 Delete driveway approach assessment of $1 , 389 . 71 . x e rson, City Engineer B u e Baird , Asst. City Attorney VVT),C(K,Zi /()S-2/4,(.,/,-66) Lynd�a�Domino, Recorder ' s Office Nan Ne ' son, Treasurer ' s Office BD4772 Salt Lake City, Utah April 17, 1990 The City Council of Salt Lake City, Salt Lake County, Utah met in regular session on Tuesday, the 17th day of April, 1990, at its regular meeting place. The following members of the City Council were present: Alan Hardman Chair Nancy Pace Vice Chair Thomas M. Godfrey Councilmember L. Wayne Horrocks Councilmember Roselyn N. Kirk Councilmember Don C. Hale Councilmember Ronald Whitehead Councilmember Also present: Palmer A. DePaulis Mayor Roger F. Cutler City Attorney Kathryn Marshall City Recorder Absent: None After the meeting had been duly called to order and after other matters not pertinent to this resolution had been discussed, the City Recorder presented to the City Council a Certificate of Compliance With Open Meeting Law with respect to this April 17, 1990 meeting, a copy of which is attached hereto as Exhibit "A" . The City Council has considered the Findings and Recommendation of the Board of Equalization and Review for the special improvement district known as Salt Lake City, Utah Special Improvement District No. 38-830 and has reviewed minutes of the hearings of that Board. Having examined the assessment roll as equalized, the City Council has determined to approve the equalized assessment roll and levy assessments as set out therein. The following assessment ordinance was then introduced in writing, was fully discussed, and pursuant to motion duly made by Councilmember and seconded by Councilmember , adopted by the following vote: YEA: NAY: The ordinance was then signed by the Chairperson in open meeting and recorded by the City Recorder in the official records of Salt Lake City, Utah. The ordinance is as follows: BD4772 (PF) 2 ORDINANCE NO. of 1990 AN ORDINANCE CONFIRMING THE ASSESSMENT ROLLS AND LEVYING AN ASSESSMENT AGAINST CERTAIN PROPERTIES IN THE SPECIAL IMPROVEMENT DISTRICT KNOWN AS SALT LAKE CITY, UTAH SPECIAL IMPROVEMENT DISTRICT NO. 38-830 FOR THE PURPOSE OF PAYING THE COSTS OF CONSTRUCTING IMPROVEMENTS CONSISTING OF THE REMOVAL, REPLACEMENT OR RECONSTRUCTION OF CURB, GUTTER AND DEFECTIVE SIDEWALK, DRIVEWAYS, DRIVEWAY APPROACHES AND APPURTENANCES; UNDERGROUND VAULT WORK; INSTALLATION OF LIGHTING FIXTURES, TREE GRATES, STREET LANDSCAPING, UNDERGROUND SPRINKLING SYSTEMS, UTILITY RELOCATION, UNDERGROUND WIRING, CONDUIT AND JUNCTION BOXES TO EXISTING POLES WITH AND WITHOUT INCREASE IN STREET LIGHTING POWER AND ALL OTHER MISCELLANEOUS WORK NECESSARY TO COMPLETE THE IMPROVEMENTS; REAFFIRMING THE ESTABLISHMENT AND PROVIDING FOR THE FUNDING OF A SPECIAL IMPROVEMENT GUARANTY FUND; ESTABLISHING THE EFFECTIVE DATE OF THIS ORDINANCE; AND RELATED MATTERS. BE IT ORDAINED BY THE CITY COUNCIL OF SALT LAKE CITY, SALT LAKE COUNTY, UTAH: Section 1 . Determination of Costs. All costs and expenses for the making of the improvements within the District have been determined, the property price for all property to be acquired to make the improvements has been finally determined and the reasonable cost of any work to be done has been determined. Section 2 . Approval of Assessment List: Findings. The City Council (the "Council" ) of Salt Lake City, Salt Lake County, Utah (the "Issuer" ) hereby accepts and adopts the Findings and Recommendation of the Board of Equalization and Review. The Council confirms and adopts the equalized assessment roll for Salt Lake City, Utah Special Improvement BD4772 (PF) 3 District No. 38-830 (the "District" ) , a copy of which is attached hereto as Exhibit "B" and incorporated herein by reference (the "Assessment List" ) . The Council has determined that the Assessment List, as adjusted and equalized by the Board of Equalization for the District, is just and equitable; that each piece of property to be assessed 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. Section 3 . Levy of Assessments. The Council hereby levies a tax as an assessment upon the real property identified in the Assessment List. The assessments levied upon each parcel of property therein described shall be in the amount set forth in the Assessment List. The assessments hereby levied are for the purpose of paying the costs of construction of consisting of the removal, replacement or reconstruction of curb, gutter and defective sidewalk, driveways, driveway approaches and appurtenances; underground valut work; installation of lighting fixtures, tree grates, street landscaping, underground sprinkling systems, utility relocation, underground wiring, conduit and junction boxes to existing poles with and without increase in street lighting power and all other miscellaneous work necessary to complete the improvements in a proper and BD4772(PF) 4 workmanlike manner. Said improvements are more particularly described in the Assessment List. The assessments are hereby levied and assessed upon each of the parcels of real property described in the Assessment List according to the extent that they are specially benefited by the improvements acquired or constructed within the District. The assessments are levied upon the parcels of land in the District at equal and uniform rates. Section 4. Cost of Improvements; Amount of Total Assessments. The total cost of the improvements in the District is $ , including allowable related expenses. Of this total cost, the Issuer' s portion is $ . The Issuer' s portion for the District includes that part of the overhead costs for which an assessment cannot be levied, if any, and the cost of making improvements for the benefit of property against which an assessment may not be levied, if any. The amount to be assessed against property affected or benefited by the improvements in the District is $ This amount does not exceed in the aggregate the sum of: (a) • the total contract price or prices for the improvements under contract duly let to the lowest and best responsible bidder therefor and a portion of the costs of engineering, designing and inspection; (b) the reasonable cost of utility services, maintenance, labor, materials or equipment supplied by the Issuer, if any; (c) the property price, if any; (d) connection BD4772 (PF) 5 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) . Section 5. Method and Rate. The total assessment for the District is levied in accordance with the method set out in the Notice of Intention pertaining to the District. The applicable rate for each property was determined based on costs as set out in the preceding Section. Section 6. Payment of Assessments. 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 of ten (10) years from the effective date of this Ordinance in ten ( 10) substantially equal annual principal and interest installments. Interest on the unpaid balance of the assessment shall accrue at the same rate as the net effective interest rate of the special assessment bonds anticipated to be issued by the Issuer. The first assessment payment date shall be on or about November 1, 1990. The remaining annual assessment payment dates shall be the anniversary dates of the first assessment payment date. Interest shall accrue from the effective date of this Ordinance. Each assessment installment shall include one year' s interest. BD4772 (PF) 6 After the above-referenced fifteen- ( 15 ) day period, all unpaid installments of an assessment levied against any piece of property 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 payable plus any premiums which may be charged and become payable on redeemable bonds which may be called in order to utilize the assessments paid in advance. Section 7 . Default in Payment. If a default occurs in the payment of any installment of principal or interest, when due, the Issuer may declare the unpaid amount to be immediately due and payable and subject to collection as provided herein. In addition, it may accelerate payment of the total unpaid balance of the assessment and declare the whole of the unpaid principal and interest then due to be immediately due and payable. Additional interest shall accrue and be paid on all amounts declared to be delinquent or accelerated and immediately due and payable at the same rate as is applied to delinquent real property taxes for the year BD4772(PF) 7 in which the assessment installment becomes delinquent (the "Delinquent Rate" ) . In addition to interest charges at the Delinquent Rate, costs of collection as determined by the City Treasurer or required by law shall be charged and paid on all amounts declared to be delinquent or accelerated and immediately due and payable . Upon any default, the City Treasurer shall give notice, in writing, of the default to the owner of the property in default, as shown by the last available equalized assessment rolls. Notice shall be effective upon deposit of the notice in the U. S. Mail, postage prepaid, and addressed to the owner as shown on the last equalized assessment rolls for the Issuer or on the official ownership records of the Issuer. The notice shall provide for a period of thirty (30) days in which the owner shall pay the installments then due and owing together with accrued interest at the regular rate plus costs as determined by the City Treasurer. The Notice shall also declare that after the thirty (30) day period the Issuer shall accelerate the then unpaid balance of the principal of the assessment to be immediately due and payable together with costs and interest on the entire unpaid balance to accrue from the date of delinquency at the Delinquent Rate. Thereafter, the Issuer may commence foreclosure proceedings in the manner provided for actions to foreclose mortgage liens or trust deeds. If at the sale no person or entity shall bid and pay BD4772 (PF) 8 the Issuer the amount due on the assessment plus interest and costs, the property shall be deemed sold to the Issuer for these amounts. The Issuer shall be permitted to bid at the sale. The remedies provided herein for the collection of assessments and the enforcement of liens shall be deemed and construed to be cumulative and the use of any one method or means of collection or enforcement shall not deprive the Issuer of the use of any other method or means. The amounts of accrued interest and all costs of collection shall be added to the amount of the assessment up to the date of foreclosure sale. Section 8. Remedy of Default. If prior to the final date payment may be legally made under a final sale or foreclosure of property to collect delinquent assessment installments, the property owner pays the full amount of all unpaid installments which are past due and delinquent with interest at the Delinquent Rate, plus all approved or required costs, the assessment of said owner shall be restored so that the owner will have the right to make the payments in installments as if the default had not occurred. Section 9 . Lien of Assessment. An assessment or any part or installment of it, any interest accruing and the penalties and costs of collection shall constitute a lien against the property upon which the assessment is levied on BD4772 (PF) 9 the effective date of this Ordinance. Said lien shall be superior to the lien of any trust deed, mortgage, mechanic' s or materialman' s lien or other encumbrance and shall be equal to and on a parity with the lien for general property taxes. The lien shall continue until the assessment and any interest, penalties and costs on it are paid, notwithstanding any sale of the property for or on account of a delinquent general property tax, special tax or other assessment or the issuance of a tax deed, an assignment of interest by the governing entity or a sheriff' s certificate of sale or deed. Section 10. Special Improvement Guaranty Fund. The Issuer does hereby reaffirm the creation of a special improvement guaranty fund (the "Guaranty Fund" ) and shall annually, so long as any special assessment bonds of the Issuer remain outstanding, transfer to said fund each year such amount as shall equal the amount that a tax levy on all taxable property located within the Issuer at the rate of . 0002 will produce, either through a levy of a tax of not to exceed .0002 in any one year or by the issuance of general obligation bonds or by appropriation from other available sources. The Guaranty Fund shall include an allocation of ten percent ( 10%) of the outstanding Bonds of this District, but the entire available balance in the Guaranty Fund shall be for the purpose of guaranteeing to the extent of such fund the payment of special assessment bonds and interest thereon BD4772 (PF) 10 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 11 . Contestability. No assessment shall be declared void or set aside in whole or in part in consequence of any error or irregularity which does not go to the equity or justice of the assessment or proceeding. Any party who has not waived his objections to same as provided by statute may commence a civil action against the Issuer to enjoin the levy or collection of the assessment or to set aside and declare unlawful this Ordinance. Such action must be commenced and summons must be served on the Issuer not later than 30 days after the effective date of this Ordinance. This action shall be the exclusive remedy of any aggrieved party. No court shall entertain any complaint which the party was authorized to make by statute but did not timely make or any complaint that does not go to the equity or justice of the assessment or proceeding. After the expiration of the 30-day period provided in this section: (a) The special assessment bonds issued or to be issued against the District and the assessments levied in the District shall become incontestable as to all persons who have not commenced the action provided for in this section; and BD4772 (PF) 11 (b) No suit to enjoin the issuance or payment of the bonds, the levy, collection or enforcement of the assessment, or in any other manner attacking or questioning the legality of the bonds or assessments may be instituted in this state, and no court shall have authority to inquire into these matters. Section 12 . Notice to Property Owners. 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. Section 13 . All Necessary Action Approved. The officials of the Issuer are hereby authorized and directed to take all action necessary and appropriate to effectuate the provisions of this Ordinance . Section 14. Repeal of Conflicting Provisions. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed. Section 15. Publication of Ordinances. An emergency is hereby declared, the preservation of peace, health and safety of the Issuer and the inhabitants thereof so requiring. Immediately after its adoption, this Ordinance shall be signed by the Mayor and City Recorder and shall be recorded in the BD4772 (PF) 12 ordinance book kept for that purpose. This Ordinance shall be published once in the Deseret News, a newspaper published and having general circulation in the Issuer, and shall take effect immediately upon its passage and approval and publication as required by law. Section 16 . Filing of Ordinance and Assessment List. The City Recorder is hereby authorized and directed to file a copy of this Ordinance within five days from the date hereof in the Salt Lake County Recorder' s office. Since this 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. PASSED AND APPROVED by the City Council of the Issuer, this 17th day of April , 1990. /S/ Alan Hardman Chair ATTEST: /S/ Kathryn Marshall City Recorder ( S E A L ) BD4772 (PF) 13 The City Treasurer was thereupon authorized to mail to the property owners in the District the foregoing notice of special assessment as hereinbefore provided. After the transaction of other business not pertinent to the foregoing matter, the meeting was on motion duly made, seconded and carried, adjourned. Chair ATTEST: City Recorder ( S E A L ) BD4772 (PE) 14 PRESENTATION TO THE MAYOR The foregoing ordinance was presented to the Mayor for his approval or disapproval on the 17th day of April , 1990. Chair MAYOR'S APPROVAL OR DISAPPROVAL The foregoing ordinance is hereby approved this 17th day of April, 1990. Palmer A. DePaulis Mayor BD4772 (PF) 15 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 that the above and foregoing is a full, true and correct copy of the record of proceedings had by the City Council of Salt Lake, Salt Lake County, Utah at its meeting held on the 17th day of April, 1990 insofar as the same relates to or concerns Salt Lake City, Utah Special Improvement District No. 38-830 as the same appears of record in my office. I further certify that the Ordinance levying the special assessments was recorded by me in the official records of Salt Lake City on the 17th day of April, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of Salt Lake City this 17th day of April, 1990. City Recorder ( S E A L ) BD4772(PF) 16 STATE OF UTAH ) AFFIDAVIT OF MAILING : ss . NOTICE OF ASSESSMENT COUNTY OF SALT LAKE ) I , Buzz Hunt, the duly appointed, qualified and acting City Treasurer of Salt Lake City, Salt Lake County, Utah, do hereby certify that on the day of April , 1990, I caused to be mailed a Notice of Assessment to each property owner in Salt Lake City, Utah Special Improvement District No. 38-830 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 Salt Lake City, Salt Lake County, Utah this day of April , 1990. City Treasurer ( S E A L ) BD4772 (PF) 17 STATE OF UTAH ) : ss. CERTIFICATE OF FILING COUNTY OF SALT LAKE ) I , Kathryn Marshall, the duly qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify that on the day of , 1990, pursuant to Section 10-16-18, Utah Code Annotated 1953 , as amended, a copy of the Assessment Ordinance, as finally approved, together with a list of properties proposed to be assessed described by tax identification number and a valid legal description of the properties within the District, was filed in the Salt Lake County Recorder' s Office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Salt Lake City this day of , 1990. City Recorder ( S E A L ) BD4772 (PF) 18 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 City Council on the 17th day of April, 1990, was published one time in the Deseret News. BD4772(PF) 19 EXHIBIT "A" CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I , Kathryn Marshall , the undersigned City Recorder of Salt Lake City, Salt Lake County, Utah (the "City" ) , do hereby certify, according to the records of the City in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-6(2 ) , Utah Code Annotated 1953 , as amended, I gave not less than twenty-four (24) hours public notice of the agenda, date, time and place of the April 17, 1990 public meeting held by the City as follows: (a) By causing a Notice, in the form attached hereto as Schedule "A" , to be posted at the City' s offices at 451 South State Street, Salt Lake City, Utah on April , 1990, at least twenty-four (24) hours prior to the convening of the meeting, said Notice having continuously remained so posted and available for public inspection until the completion of the meeting; and (b) By causing a copy of such Notice, in the form attached hereto as Schedule "A" , to be delivered to the Deseret News on April , 1990, at least twenty-four (24) hours prior to the convening of the meeting. BD4772 (PF) 20 IN WITNESS WHEREOF, I have hereunto subscribed my official signature this 17th day of April, 1990. City Recorder ( S E A L ) BD4772 (PF) 21 SCHEDULE "A" NOTICE OF MEETING BD4772 (PF) 22 EXHIBIT "B" ASSESSMENT LIST [ Available for review at the offices of the City Recorder and Bond Counsel ] BD4772 (PF) 23 r by the improvements acquired or constructed within the District. The assessments are levied upon the parcels of land in the District at equal and uniform rates. Section 4. Cost of Improvements; Amount of Total Assessments. The total cost, of the improvements in the District is $1,048,571.00, including allowable related expenses. Of this total cost, the Issuer' s portion is $276,959. 42. The Issuer' s portion for the District includes that part of the overhead costs for which an assessment cannot be levied, if any, and the cost of making improvements for the benefit of property against which an assessment may not be levied, if any. The amount to be assessed against property affected or benefited by the improvements in the District is $771, 611.58. This amount does not exceed in the aggregate the sum of: (a) the total contract price or prices for the improvements under contract duly let to the lowest and best responsible bidder therefor and a portion of the costs of engineering, designing and inspection; (b) the reasonable cost of utility services, maintenance, labor, materials or equipment supplied by the Issuer, 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) . Section 5 . Method and Rate. The total assessment for the District is levied in accordance with the method set BD4771(PF) 5 FL1 PALMER DEPAULIS SmT�' r A!+ lezp CITY ,r I�PO 5 �1®`111 MAX G. PETERSON, P.E. MAYOR .r.._ r �aitmd ems+m `� Veoc��vva.� CITY ENGINEER DEPARTMENT OF PUBLIC WORKS City Engineering Division 444 SOUTH STATE STREET SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7871 TO : SALT LAKE CITY COUNCIL DATE : FEBRUARY 27 , 1990 REFERENCE : Board of Equalization for Special Improvement District No . 38- 808 , California Avenue , Pioneer Road to 3400 West . RECOMMENDATION ; That the findings and recommendations of the Board of Equalization for the Special Improvement District No . 38- 808 be approved when Council adopts the assessment ordinances . AVAILABILITY OF FUNDS ; Property Owner Assessment . DISCUSSION ; The Board of Equalization meetings for above Special Improvement District were held February 13 , 14 , and 15 , 1990 . The Board was comprised of City Engineer , Max G . Peterson ; City Recorder's Designee , Linda Domino ; City Treasurer's Designee , Nancy Nielson ; and Assistant City Attorney Bruce Baird . The Board reviewed property owner concerns and the proposed assessments for the properties within the District . The Board reconvened and made their decisions on February 27 , 1990 . Attached is a copy of the report of the Board of Equalization to be approved by City Council when assessment ordinance is adopted . CONTACT PERSON : DANIEL NOZISKA , P . E . , Project Manager , 535-7958 . SUBMITTED BY : JOSEPH R . ANDERSON , Director of Public Works 0 MINUTES AND REPORT OF THE BOARD OF EQUALIZATION SPECIAL IMPROVEMENT DISTRICT PROJECT NO. 38-808 The Board of Equalization for Project No. 38-808 , California Avenue, Pioneer Road to 3400 West was held February 13 , 14 , and 15 , 1990 in the Salt Lake City Engineering Conference Room in conformance with the ordinances governing special improvement districts . The Board was comprised of the following members : Max G. Peterson, City Engineer Lynda Domino , Designee from the Recorders Office Nancy Neilson , Designee from the Treasurer ' s Office Bruce Baird , Assistant City Attorney The following is the minutes of the concerns of owners and the response to them by the Board of Equalization. No property owners came in on this project. Rex Dahlberg called 2/15/90 and talked to Dan Noziska about his property. He informed Dan he could not make the Meeting tonight and set up a meeting with Dan for Tuesday, Feb. 20 at 9 : 30 a .m. Response: 3500 W 1600 South 3075 West 1300 South Dan met with Mr . Dahlberg and reviewed his rates and assessments . It was determined we needed to revise Rate #8 , 12" waterline, as it should not have included the cost of 4 fire hydrants which were installed across the street from his property. M x son, City Engineer --,;) z Br��lBaird , st . City Attorney Lky /Domino,, Recorder ' s Office / ..er")-(--) N Nei son, Treasurer ' s Office BD4771 e Salt Lake City, Utah April 17, 1990 The City Council of Salt Lake City, Salt Lake County, Utah met in regular session on Tuesday, the 17th day of April, 1990, at its regular meeting place. The following members of the City Council were present: Alan Hardman Chair Nancy Pace Vice Chair Thomas M. Godfrey Councilmember L. Wayne Horrocks Councilmember Roselyn N. Kirk Councilmember Don C. Hale Councilmember Ronald Whitehead Councilmember Also present: Palmer A. DePaulis Mayor Roger F. Cutler City Attorney Kathryn Marshall City Recorder Absent: None After the meeting had been duly called to order and after other matters not pertinent to this resolution had been discussed, the City Recorder presented to the City Council a Certificate of Compliance With Open Meeting Law with respect to this April 17 , 1990 meeting, a copy of which is attached hereto as Exhibit "A" . • The City Council has considered the Findings and 0 Recommendation of the Board of Equalization and Review for the special improvement district known as Salt Lake City, Utah Special Improvement District No. 38-808 and has reviewed minutes of the hearings of that Board. Having examined the assessment roll as equalized, the City Council has determined to approve the equalized assessment roll and levy assessments as set out therein. The following assessment ordinance was then introduced in writing, was fully discussed, and pursuant to motion duly made by Councilmember and seconded by Councilmember , adopted by the following vote: YEA: NAY: The ordinance was then signed by the Chairperson in open meeting and recorded by the City Recorder in the official records of Salt Lake City, Utah. The ordinance is as follows: BD4771(PF) 2 ORDINANCE NO. of 1990 AN ORDINANCE CONFIRMING THE ASSESSMENT ROLLS AND LEVYING AN ASSESSMENT AGAINST CERTAIN PROPERTIES IN THE SPECIAL IMPROVEMENT DISTRICT KNOWN AS SALT LAKE CITY, UTAH SPECIAL IMPROVEMENT DISTRICT NO. 38-808 FOR THE PURPOSE OF PAYING THE COSTS OF CONSTRUCTION OF DESIGNATED WIDTHS OF ROADWAY PAVEMENT, CONCRETE CURB AND GUTTER, TURN LANES, ASPHALT SHOULDER, STREET DRAINAGE FACILITIES, TRAFFIC SIGNALIZATION, PAVING OF INTERSECTIONS, TURNAROUNDS AND INTERSECTION AND MEDIAN IMPROVEMENTS AND ALL OTHER MISCELLANEOUS WORK NECESSARY TO COMPLETE THE IMPROVEMENTS; REAFFIRMING THE ESTABLISHMENT AND PROVIDING FOR THE FUNDING OF A SPECIAL IMPROVEMENT GUARANTY FUND; ESTABLISHING THE EFFECTIVE DATE OF THIS ORDINANCE; AND RELATED MATTERS. BE IT ORDAINED BY THE CITY COUNCIL OF SALT LAKE CITY, SALT LAKE COUNTY, UTAH: Section 1 . Determination of Costs. All costs and expenses for the making of the improvements within the District have been determined, the property price for all property to be acquired to make the improvements has been finally determined and the reasonable cost of any work to be done has been determined. Section 2 . Approval of Assessment List; Findings. The City Council (the "Council" ) of Salt Lake City, Salt Lake County, Utah (the "Issuer" ) hereby accepts and adopts the Findings and Recommendation of the Board of Equalization and Review. The Council confirms and adopts the equalized assessment roll for Salt Lake City, Utah Special Improvement District No . 38-808 (the "District" ) , a copy of which is attached hereto as Exhibit "B" and incorporated herein by BD4771(PF) 3 reference (the "Assessment List" ) . The Council has determined that the Assessment List, as adjusted and equalized by the Board of Equalization for the District, is just and equitable; that each piece of property to be assessed 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. Section 3 . Levy of Assessments. The Council hereby levies a tax as an assessment upon the real property identified in the Assessment List. The assessments levied upon each parcel of property therein described shall be in the amount set forth in the Assessment List. The assessments hereby levied are for the purpose of paying the costs of construction of designated widths of roadway pavement, concrete curb and gutter, turn lanes, asphalt shoulder, street drainage facilities, traffic signalization, paving of intersections, turnarounds and intersection and median improvements and all other miscellaneous work necessary to complete the improvements in a proper and workmanlike manner. Said improvements are more particularly described in the Assessment List. The assessments are hereby levied and assessed upon each of the parcels of real property described in the Assessment List according to the extent that they are specially benefited BD4771(PF) 4 by the improvements acquired or constructed within the District. The assessments are levied upon the parcels of land in the District at equal and uniform rates. Section 4. Cost of Improvements; Amount of Total Assessments . The total cost of the improvements in the District is $ , including allowable related expenses. Of this total cost, the Issuer' s portion is $ . The Issuer' s portion for the District includes that part of the overhead costs for which an assessment cannot be levied, if any, and the cost of making improvements for the benefit of property against which an assessment may not be levied, if any. The amount to be assessed against property affected or benefited by the improvements in the District is $ This amount does not exceed in the aggregate the sum of: (a) the total contract price or prices for the improvements under contract duly let to the lowest and best responsible bidder therefor and a portion of the costs of engineering, designing and inspection; (b) the reasonable cost of utility services, maintenance, labor, materials or equipment supplied by the Issuer, 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) . Section 5 . Method and Rate. The total assessment for the District is levied in accordance with the method set BD4771(PF) 5 M out in the Notice of Intention pertaining to the District. The applicable rate for each property was determined based on costs as set out in the preceding Section. Section 6. Payment of Assessments. 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 of ten (10) years from the effective date of this Ordinance in ten (10) substantially equal annual principal and interest installments. Interest on the unpaid balance of the assessment shall accrue at the same rate as the net effective interest rate of the special assessment bonds anticipated to be issued by the Issuer. The first assessment payment date shall be on or about November 1, 1990. The remaining annual assessment payment dates shall be the anniversary dates of the first assessment payment date. Interest shall accrue from the effective date of this Ordinance. Each assessment installment shall include one year' s interest. After the above-referenced fifteen- (15) day period, all unpaid installments of an assessment levied against any piece of property may b.e 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 BD4771(PF) 6 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 payable plus any premiums which may be charged and become payable on redeemable bonds which may be called in order to utilize the assessments paid in advance. Section 7 . Default in Payment. If a default occurs in the payment of any installment of principal or interest, when due, the Issuer may declare the unpaid amount to be immediately due and payable and subject to collection as provided herein. In addition, it may accelerate payment of the total unpaid balance of the assessment and declare the whole of the unpaid principal and interest then due to be immediately due and payable. Additional interest shall accrue and be paid on all amounts declared to be delinquent or accelerated and immediately due and payable at the same rate as is applied to delinquent real property taxes for the year in which the assessment installment becomes delinquent (the "Delinquent Rate" ) . In addition to interest charges at the Delinquent Rate, costs of collection as determined by the City Treasurer or required by law shall be charged and paid on all amounts declared to be delinquent or accelerated and immediately due and payable. BD4771(PF) 7 Upon any default, the City Treasurer shall give notice, in writing, of the default to the owner of the property in default, as shown by the last available equalized assessment rolls. Notice shall be effective upon deposit of the notice in the U. S. Mail, postage prepaid, and addressed to the owner as shown on the last equalized assessment rolls for the Issuer or on the official ownership records of the Issuer. The notice shall provide for a period of thirty (30) days in which the owner shall pay the installments then due and owing together with accrued interest at the regular rate plus costs as determined by the City Treasurer. The Notice shall also declare that after the thirty (30) day period the Issuer shall accelerate the then unpaid balance of the principal of the assessment to be immediately due and payable together with costs and interest on the entire unpaid balance to accrue from the date of delinquency at the Delinquent Rate. Thereafter, the Issuer may commence foreclosure proceedings in the manner provided for actions to foreclose mortgage liens or trust deeds. If at the sale no person or entity shall bid and pay the Issuer the amount due on the assessment plus interest and costs, the property shall be deemed sold to the Issuer for these amounts. The Issuer shall be permitted to bid at the sale. The remedies provided herein for the collection of assessments and the enforcement of liens shall be deemed and BD4771(PF) 8 O construed to be cumulative and the use of any one method or means of collection or enforcement shall not deprive the Issuer of the use of any other method or means. The amounts of accrued interest and all costs of collection shall be added to the amount of the assessment up to the date of foreclosure sale. Section 8 . Remedy of Default. If prior to the final date payment may be legally made under a final sale or foreclosure of property to collect delinquent assessment installments, the property owner pays the full amount of all unpaid installments which are past due and delinquent with interest at the Delinquent Rate, plus all approved or required costs, the assessment of said owner shall be restored so that the owner will have the right to make the payments in installments as if the default had not occurred. Section 9 . Lien of Assessment. An assessment or any part or installment of it, any interest accruing and the penalties and costs of collection shall constitute a lien against the property upon which the assessment is levied on the effective date of this Ordinance. Said lien shall be superior to the lien of any trust deed, mortgage, mechanic' s or materialman" s lien or other encumbrance and shall be equal to and on a parity with the lien for general property taxes. The lien shall continue until the assessment and any interest, penalties and costs on it are paid, notwithstanding any sale BD4771 (PF) 9 of the property for or on account of a delinquent general property tax, special tax or other assessment or the issuance of a tax deed, an assignment of interest by the governing entity or a sheriff's certificate of sale or deed. Section 10. Special Improvement Guaranty Fund. The Issuer does hereby reaffirm the creation of a special improvement guaranty fund (the "Guaranty Fund" ) and shall annually,. so long as any special assessment bonds of the Issuer remain outstanding, transfer to said fund each year such amount as shall equal the amount that a tax levy on all taxable property located within the Issuer at the rate of .0002 will produce, either through a levy of a tax of not to exceed . 0002 in any one year or by the issuance of general obligation bonds or by appropriation from other available sources. The Guaranty Fund shall include an allocation of ten percent (10%) of the outstanding Bonds of this District, but the entire available balance in the Guaranty Fund shall be 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 11. Contestability. No assessment shall be declared void or set aside in whole or in part in consequence of any error or irregularity which does not go to the equity BD4771(PF) 10 or justice of the assessment or proceeding. Any party who has not waived his objections to same as provided by statute may commence a civil action against the Issuer to enjoin the levy or collection of the assessment or to set aside and declare unlawful this Ordinance. Such action must be commenced and summons must be served on the Issuer not later than 30 days after the effective date of this Ordinance. This action shall be the exclusive remedy of any aggrieved party. No court shall entertain any complaint which the party was authorized to make by statute but did not timely make or any complaint that does not go to the equity or justice of the assessment or proceeding. After the expiration of the 30-day period provided in this section: ( a) The special assessment bonds issued or to be issued against the District and the assessments levied in the District shall become incontestable as to all persons who have not commenced the action provided for in this section; and (b) No suit to enjoin the issuance or payment of the bonds, the levy, collection or enforcement of the assessment, or in any other manner attacking or questioning the legality of the bonds or assessments may be instituted in this state, and no court shall have authority to inquire into these matters. BD4771(PF) 11 Section 12 . Notice to Property Owners. 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. Section 13 . All Necessary Action Approved. The officials of the Issuer are hereby authorized and directed to take all action necessary and appropriate to effectuate the provisions of this Ordinance. Section 14. Repeal of Conflicting Provisions. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed. Section 15. Publication of Ordinances. An emergency is hereby declared, the preservation of peace, health and safety of the Issuer and the inhabitants thereof so requiring. Immediately after its adoption, this Ordinance shall be signed by the Mayor and City Recorder and shall be recorded in the ordinance book kept for that purpose. This Ordinance shall be published once in the Deseret News, a newspaper published and having general circulation in the Issuer, and shall take effect immediately upon its passage and approval and publication as required by law. BD4771(PF) 12 Section 16. Filing of Ordinance and Assessment List. The City Recorder is hereby authorized and directed to file a copy of this Ordinance within five days from the date hereof in the Salt Lake County Recorder' s office. Since this 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. PASSED AND APPROVED by the City Council of the Issuer, this 17th day of April, 1990. /S/ Alan Hardman Chair ATTEST: /S/ Kathryn Marshall City Recorder ( S E A L ) BD4771 (PF) 13 , ev The City Treasurer was thereupon authorized to mail to the property owners in the District the foregoing notice of special assessment as hereinbefore provided. After the transaction of other business not pertinent to the foregoing matter, the meeting was on motion duly made, seconded and carried, adjourned. Chair ATTEST: City Recorder ( S E A L ) BD4771(PF) 14 PRESENTATION TO THE MAYOR The foregoing ordinance was presented to the Mayor for his approval or disapproval on the 17th day of April, 1990. Chair MAYOR'S APPROVAL OR DISAPPROVAL The foregoing ordinance is hereby approved this 17th day of April, 1990. Palmer A. DePaulis Mayor BD4771 (PF) 15 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 that the above and foregoing is a full, true and correct copy of the record of proceedings had by the City Council of Salt Lake, Salt Lake County, Utah at its meeting held on the 17th day of April, 1990 insofar as the same relates to or concerns Salt Lake City, Utah Special Improvement District No. 38-808 as the same appears of record in my office. I further certify that the Ordinance levying the special assessments was recorded by me in the official records of Salt Lake City on the 17th day of April, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of Salt Lake City this 17th day of April, 1990. City Recorder ( S E A L ) BD4771(PF) 16 STATE OF UTAH ) AFFIDAVIT OF MAILING : ss. NOTICE OF ASSESSMENT COUNTY OF SALT LAKE ) I , Buzz Hunt, the duly appointed, qualified and acting City Treasurer of Salt Lake City, Salt Lake County, Utah, do hereby certify that on the day of April, 1990, I caused to be mailed a Notice of Assessment to each property owner in Salt Lake City, Utah Special Improvement District No. 38-808 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 Salt Lake City, Salt Lake County, Utah this day of April, 1990. City Treasurer ( S E A L ) BD4771(PF) 17 r STATE OF UTAH ) : ss. CERTIFICATE OF FILING COUNTY OF SALT LAKE ) I , Kathryn Marshall, the duly qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify that on the day of , 1990, pursuant to Section 10-16-18, Utah Code Annotated 1953, as amended, a copy of the Assessment Ordinance, as finally approved, together with a list of properties proposed to be assessed described by tax identification number and a valid legal description of the properties within the District, was filed in the Salt Lake County Recorder' s Office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Salt Lake City this day of , 1990. City Recorder ( S E A L ) BD4771(PF) 18 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 City Council on the 17th day of April, 1990, was published one time in the Deseret News. BD4771 (PF) 19 1 (11 EXHIBIT "A" CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I , Kathryn Marshall, the undersigned City Recorder of Salt Lake City, Salt Lake County, Utah (the "City" ) , do hereby certify, according to the records of the City in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-6(2 ) , Utah Code Annotated 1953, as amended, I gave not less than twenty-four (24) hours public notice of the agenda, date, time and place of the April 17, 1990 public meeting held by the City as follows: (a) By causing a Notice, in the form attached hereto as Schedule "A" , to be posted at the City's offices at 451 South State Street, Salt Lake City, Utah on April , 1990, at least twenty-four (24) hours prior to the convening of the meeting, said Notice having continuously remained so posted and available for public inspection until the completion of the meeting; and (b) By causing a copy of such Notice, in the form attached hereto as Schedule "A" , to be delivered to the Deseret News on April , 1990, at least twenty-four (24) hours prior to the convening of the meeting. BD4771(PF) 20 IN WITNESS WHEREOF, I have hereunto subscribed my official signature this 17th day of April, 1990. City Recorder ( S E A L ) BD4771(PF) 21 SCHEDULE "A" C) NOTICE OF MEETING BD4771(PF) 22 EXHIBIT "B" ASSESSMENT LIST [ Available for review at the offices of the City Recorder and Bond Counsel ] BD4771(PF) 23 by the improvements acquired or constructed within the District. The assessments are levied upon the parcels of land in the District at equal and uniform rates. Section 4. Cost of Improvements; Amount of Total Assessments. The total cost of the improvements in the District is $1,295, 000.00, including allowable related expenses. Of this total cost, the Issuer" s portion is $1,066, 969.20. The Issuer" s portion for the District includes that part of the overhead costs for which an assessment cannot be levied, if any, and the cost of making improvements for the benefit of property against which an assessment may not be levied, if any. The amount to be assessed against property affected or benefited by the improvements in the District is $228, 030. 80. This amount does not exceed in the aggregate the sum of: (a) the total contract price or prices for the improvements under contract duly let to the lowest and best responsible bidder therefor and a portion of the costs of engineering, designing and inspection; (b) the reasonable cost of utility services, maintenance, labor, materials or equipment supplied by the Issuer, 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) . Section 5 . Method and Rate. The total assessment for the District is levied in accordance with the method set BD4163 (PF) 5 E5 PALMER MAYORPAULIS �` Q CITit�0 ` ® ar in IN � MAX G. P E CITYNCR EON, P.E. R DEPARTMENT OF PUBLIC WORKS City Engineering Division 444 SOUTH STATE STREET SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7871 TO : SALT LAKE CITY COUNCIL DATE : FEBRUARY 27 , 1990 REFERENCE : Board of Equalization for Special Improvement District No . 38- 724 , California Avenue , Redwood Road to Pioneer Road . RECOMMENDATION ; That the findings and recommendations of the Board of Equalization for the Special Improvement District No . 38- 724 be approved when Council adopts the assessment ordinances . AVAILABILITY OF FUNDS ; Property Owner Assessment . DISCUSSION ; The Board of Equalization meetings for above Special Improvement District were held February 13 , 14 , and 15 , 1990 . The Board was comprised of City Engineer , Max G . Peterson ; City Recorder's Designee , Linda Domino ; City Treasurer's Designee , Nancy Nielson ; and City Attorney Bruce Baird . The Board reviewed property owner concerns and the proposed assessments for the properties within the District . The Board reconvened and made their decisions on February 27 , 1990 . Attached is a copy of the report of the Board of Equalization to be approved by City Council when assessment ordinance is adopted . CONTACT PERSON : JOHN NASER , P . E . , Project Manager , 535-6240 . SUBMITTED BY : JOSEPH R . ANDERSON , Director of Public Works A\ • MTNUTES AND REPORT OF THE BOARD OF EQUALIZATION SPECIAL IMPROVEMENT DISTRICT PROJECT NO. 38-724 The Board of Equalization for Project No. 38-724 , California Avenue, Redwood Road to Pioneer Road was held February 13 , 14 , and 15 , 1990 in the Salt Lake City Engineering Conference Room in conformance with the ordinances governing special improvement districts . The Board was comprised of the following members: Max G. Peterson, City Engineer Lynda Domino, Designee from the Recorders Office Nancy Neilson, Designee from the Treasurer ' s Office Bruce Baird, Assistant City Attorney The following is the minutes of the concerns of owners and the response to them by the Board of Equalization. February 13 , 1990 No one came in on this date. February 14, 1990 F.C. Stangl 1321 So. Swaner Road Mr . Stangl said there was money in escrow to pay for assessment when he purchased the property. Wants the Board to decide if the property should receive a corner lot exemption. Board will investigate and decide whether or not property should receive a corner lot exemption. Response: In accordance with City policy and past actions of the Board of Equalization the property at 1321 So. Swaner Road is eligible for a corner lot exemption. Curb, gutter and pavement was installed on Swaner prior to the California Avenue improvements qualifing it for the exemption. Two other properties on California Avenue meet these requirements and were given corner lot exemptions . F. C. Stangl 2575 West 1400 South He wanted to install his own curb & gutter . The curb and gutter was installed as part of project . He did not receive any utilities and said that he never received notice of the improvements . He received a letter from Zion ' s Securities giving him a 10 foot strip of land dated December 29 , 1987 , and did not know it would be assessed . To evaluate Mr . Stangl ' s concern Bruce Baird would like to see a time table on the project showing all SID dates . John Naser will put one together for Bruce . Response: The Notice of the City ' s intention to create the California Avenue Special Improvement District was sent to Deseret Holding Corp ., ( Zion ' s Securities) who was the recorded owner of the property at the time of the creation of the district. This property abutted California Avenue with a frontage of 624 . 77 feet and a depth of 10 feet . From the time the district was created to the appointment of the Board of Equalization, this abutting property owner , Deseret Holding Corp . Quit Claimed the property to Pioneer Road Associates . Apparently Deseret Holding Corp. did not inform Pioneer Road Assoc. of the pending assessment or the Quit Claim deed . The assessments for the improvements are made against the real property for improvements which benefits the property and the assessment will remain in affect . Since a property ownership question exists as to the quit claim offer by Deseret Holding Corp. and if Pioneer Road Associates actually accepted the quit claim offer , both organizations will be mailed the Assessment for them to resolve the ownership question and who will pay the assessment. A letter from Assistant City Attorney Bruce Baird dated February 28 , 1990 concerning the property onwership is attached and made part of the Board of Equalization response. Thursday, February 15, 1990 - 6 : 00 p.m. to 7: 00 p.m. Property Owner R. G. Thomson 2320 West 1500 South Mr . Lou Harris, doing business on said property. Wanted to know when the property owners were informed of the assessment and how we arrived at the rates . Also wanted to know about payments . Max Peterson explained the payment plans . Mr . Harris asked if he could have copies of the Notice of Intent, the letter creating the district and a copy of the map showing his property and a sheet showing the figures for construction costs , interest, etc . to arrive at the rates . The requested information will be compiled and forwarded to Mr . Barris . He was also curious as to how we determine boundaries of -districts . Max explained this to him. Response: The information requested by Mr . Harris was forwarded to him February 23 , 1990 . a G. r on, City Engineer B c Bair , Asst. City Attorney n omino, Recor e ' s Office Nan Ne lson, Treasurer ' s Office • MA U 2 MO PUBLIC: WORKS ROGER F. CUTLER ~,moo"`-T Li\12 city C Os_d©N1 ASSISTANT ATTORNEYS CITY ATTORNEY RAY L. MONTGOMERY STEVEN W. ALLRED LAW DEPARTMENT GREG R. HAWKINS LARRY V. SPENDLOVE DEPUTY CITY ATTORNEY CITY AND COUNTY BUILDING BRUCE R. BAIRD CHERYL D_ LUKE 451 SOUTH STATE STREET, ROOM 505 FRANK M. NAKAMURA CITY PROSECUTOR SALT LAKE CITY, UTAH 84111 ASSISTANT PROSECUTORS TELEPHONE (801) 535-7788 CECELIA M. ESPENOZA GLEN A. COOK FAX (801) 535-7640 JANICE L. FROST February 28, 1990 TO: Max Peterson City Engineer FROM: Bruce R. Baird Assistant City Attorney RE: California Avenue SID Stangl Property I have further reviewed the Stangl/California Avenue situation as it relates to the property quitclaimed to Stangl by Zions Securities after the protest period . I have also discussed the matter with Roger Cutler. Finally, I have discussed the matter with Dick Fox. Our office' s position, and thus my vote, is as follows : 1 . The quitclaim deed from Zions Securities to Stangl merely constitutes an "offer" of transfer. 2 . Until and unless the "offer" is accepted by Stangl real title to the property remains with Zions Securities . 3 . Should Stangl choose to reject the "offer" of the CD quitclaim deed the property would remain with Zions Securities who should be assessed for the benefits conferred upon them. This is not the same situation as a sale or n (13 other knowing transfer of the property. Max Peterson February 28 , 1990 Page -2- 4 . Should Stangl choose to accept the "offer" of the quitclaim the burden for the assessment would run through the chain of title to him. 5 . Should Stangl choose not to pay the assessment but not reject the "offered" quitclaim deed the property would revert to the City after a tax sale. Stangl would then have to acquire the property from the City if he desired to use it to access California Avenue from his main property. It is my suggestion that a letter to the above effect be sent both to Stangl and Zions Securities . I would further propose in the letter that a meeting be held between the City, Stangl and Zions Securities to discuss possible resolution of this problem. At that meeting it might also be appropriate to discuss with Zions Securities the ethics of their attempting to quitclaim away an assessment without letting the abutting property owner know. If you have any questions please call. BRB:cc BD4163 Salt Lake City, Utah April 17, 1990 The City Council of Salt Lake City, Salt Lake County, Utah met in regular session on Tuesday, the 17th day of April , 1990, at its regular meeting place. The following members of the City Council were present: Alan Hardman Chair Nancy Pace Vice Chair Thomas M. Godfrey Councilmember L. Wayne Horrocks Councilmember Roselyn N. Kirk Councilmember Don C. Hale Councilmember Ronald Whitehead Councilmember Also present: Palmer A. DePaulis Mayor Roger F. Cutler City Attorney Kathryn Marshall City Recorder Absent: None After the meeting had been duly called to order and after other matters not pertinent to this resolution had been discussed, the City Recorder presented to the City Council a Certificate of Compliance With Open Meeting Law with respect to this April 17 , 1990 meeting, a copy of which is attached hereto as Exhibit "A" . 471 The City Council has considered the Findings and Recommendation of the Board of Equalization and Review for the special improvement district known as Salt Lake City, Utah California Avenue Curb and Gutter Extension No. 38-724 and has reviewed minutes of the hearings of that Board. Having examined the assessment roll as equalized, the City Council has determined to approve the equalized assessment roll and levy assessments as set out therein. The following assessment ordinance was then introduced in writing, was fully discussed, and pursuant to motion duly made by Councilmember and seconded by Councilmember , adopted by the following vote: YEA: NAY: The ordinance was then signed by the Chairperson in open meeting and recorded by the City Recorder in the official records of Salt Lake City, Utah. The ordinance is as follows: BD4163(PF) 2 ORDINANCE NO. of 1990 AN ORDINANCE CONFIRMING THE ASSESSMENT ROLLS AND LEVYING AN ASSESSMENT AGAINST CERTAIN PROPERTIES IN THE SPECIAL IMPROVEMENT DISTRICT KNOWN AS SALT LAKE CITY, UTAH CALIFORNIA AVENUE CURB AND GUTTER EXTENSION NO. 38-724 FOR THE PURPOSE OF PAYING THE COSTS OF CONSTRUCTING IMPROVEMENTS TO ROADWAYS, CURB AND GUTTER, DRIVEWAY APPROACHES, STORM DRAINAGE, UTILITY RELOCATIONS, TRAFFIC LANES, A NEW BRIDGE OVER THE SURPLUS CANAL, THE CONSTRUCTION OF CALIFORNIA AVENUE FROM REDWOOD ROAD TO PIONEER ROAD AND ALL OTHER MISCELLANEOUS WORK NECESSARY TO COMPLETE THE IMPROVEMENTS; REAFFIRMING THE ESTABLISHMENT AND PROVIDING FOR THE FUNDING OF A SPECIAL IMPROVEMENT GUARANTY FUND; ESTABLISHING THE EFFECTIVE DATE OF THIS ORDINANCE; AND RELATED MATTERS. BE IT ORDAINED BY THE CITY COUNCIL OF SALT LAKE CITY, SALT LAKE COUNTY, UTAH: Section 1. Determination of Costs. All costs and expenses for the making of the improvements within the District have been determined, the property price for all property to be acquired to make the improvements has been finally determined and the reasonable cost of any work to be done has been determined. Section 2 . Approval of Assessment List; Findings. The City Council (the "Council" ) of Salt Lake City, Salt Lake County, Utah (the "Issuer" ) hereby accepts and adopts the Findings and Recommendation of the Board of Equalization and Review. The Council confirms and adopts the equalized assessment roll for Salt Lake City, Utah California Avenue Curb and Gutter Extension No . 38-724 (the "District" ) , a copy of which is attached hereto as Exhibit "B" and incorporated BD4163 (PF) 3 herein by reference (the "Assessment List" ) . The Council has determined that the Assessment List, as adjusted and equalized by the Board of Equalization for the District, is just and equitable; that each piece of property to be assessed 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. Section 3 . Levy of Assessments. The Council hereby levies a tax as an assessment upon the real property identified in the Assessment List. The assessments levied upon each parcel of property therein described shall be in the amount set forth in the Assessment List. The assessments hereby levied are for the purpose of paying the costs of construction of improvements to roadways, curb and gutter, driveway approaches, storm drainage, utility relocations, traffic lanes, a new bridge over the surplus canal, the construction of California Avenue from Redwood Road to Pioneer Road and all other miscellaneous work necessary to complete the improvements in a proper and workmanlike manner. Said improvements are more particularly described in the Assessment List. The assessments are hereby levied and assessed upon each of the parcels of real property described in the Assessment List according to the extent that they are specially benefited BD4163 (PF) 4 by the improvements acquired or constructed within the District. The assessments are levied upon the parcels of land in the District at equal and uniform rates. Section 4. Cost of Improvements; Amount of Total Assessments . The total cost of the improvements in the District is $ , including allowable related expenses. Of this total cost, the Issuer' s portion is $ . The Issuer' s portion for the District includes that part of the overhead costs for which an assessment cannot be levied, if any, and the cost of making improvements for the benefit of property against which an assessment may not be levied, if any. The amount to be assessed against property affected or benefited by the improvements in the District is $ This amount does not exceed in the aggregate the sum of: (a) the total contract price or prices for the improvements under contract duly let to the lowest and best responsible bidder therefor and a portion of the costs of engineering, designing and inspection; (b) the reasonable cost of utility services, maintenance, labor, materials or equipment supplied by the Issuer, 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) . Section 5 . Method and Rate. The total assessment for the District is levied in accordance with the method set BD4163 (PF) 5 out in the Notice of Intention pertaining to the District. The applicable rate for each property was determined based on costs as set out in the preceding Section. Section 6. Payment of Assessments. 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 of ten (10) years from the effective date of this Ordinance in ten (10) substantially equal annual principal and interest installments. Interest on the unpaid balance of the assessment shall accrue at the same rate as the net effective interest rate of the special assessment bonds anticipated to be issued by the Issuer. The first assessment payment date shall be on or about November 1, 1990. The remaining annual assessment payment dates shall be the anniversary dates of the first assessment payment date. Interest shall accrue from the effective date of this Ordinance. Each assessment installment shall include one year' s interest. After the above-referenced fifteen- (15) day period, all unpaid installments of an assessment levied against any piece of property 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 BD4163(PF) 6 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 payable plus any premiums which may be charged and become payable on redeemable bonds which may be called in order to utilize the assessments paid in advance. Section 7 . Default in Payment. If a default occurs in the payment of any installment of principal or interest, when due, the Issuer may declare the unpaid amount to be immediately due and payable and subject to collection as provided herein. In addition, it may accelerate payment of the total unpaid balance of the assessment and declare .the whole of the unpaid principal and interest then due to be immediately due and payable. Additional interest shall accrue and be paid on all amounts declared to be delinquent or accelerated and immediately due and payable at the same rate as is applied to delinquent real property taxes for the year in which the assessment installment becomes delinquent (the "Delinquent Rate" ) . In addition to interest charges at the Delinquent Rate, costs of collection as determined by the City Treasurer or required by law shall be charged and paid on all amounts declared to be delinquent or accelerated and immediately due and payable. BD4163(PF) 7 0 f Upon any default, the City Treasurer shall give notice, in writing, of the default to the owner of the property in default, as shown by the last available equalized assessment rolls. Notice shall be effective upon deposit of the notice in the U. S. Mail, postage prepaid, and addressed to the owner as shown on the last equalized assessment rolls for the Issuer or on the official ownership records of the Issuer. The notice shall provide for a period of thirty (30) days in which the owner shall pay the installments then due and owing together with accrued interest at the regular rate plus costs as determined by the City Treasurer. The Notice shall also declare that after the thirty (30) day period the Issuer shall accelerate the then unpaid balance of the principal of the assessment to be immediately due and payable together with costs and interest on the entire unpaid balance to accrue from the date of delinquency at the Delinquent Rate. Thereafter, the Issuer may commence foreclosure proceedings in the manner provided for actions to foreclose mortgage liens or trust deeds. If at the sale no person or entity shall bid and pay the Issuer the amount due on the assessment plus interest and costs, the property shall be deemed sold to the Issuer for these amounts. The Issuer shall be permitted to bid at the sale. The remedies provided herein for the collection of assessments and the enforcement of liens shall be deemed and BD4163(PF) 8 construed to be cumulative and the use of any one method or means of collection or enforcement shall not deprive the Issuer of the use of any other method or means. The amounts of accrued interest and all costs of collection shall be added to the amount of the assessment up to the date of foreclosure sale . Section 8. Remedy of Default. If prior to the final date payment may be legally made under a final sale or foreclosure of property to collect delinquent assessment installments, the property owner pays the full amount of all unpaid installments which are past due and delinquent with interest at the Delinquent Rate, plus all approved or required costs, the assessment of said owner shall be restored so that the owner will have the right to make the payments in installments as if the default had not occurred. Section 9 . Lien of Assessment. An assessment or any part or installment of it, any interest accruing and the penalties and costs of collection shall constitute a lien against the property upon which the assessment is levied on the effective date of this Ordinance. Said lien shall be superior to the lien of any trust deed, mortgage, mechanic' s or materialman' s lien or other encumbrance and shall be equal to and on a parity with the lien for general property taxes. The lien shall continue until the assessment and any interest, penalties and costs on it are paid, notwithstanding any sale BD4163 (PF) 9 of the property for or on account of a delinquent general property tax, special tax or other assessment or the issuance of a tax deed, an assignment of interest by the governing entity or a sheriff' s certificate of sale or deed. Section 10. Special Improvement Guaranty Fund. The Issuer does hereby reaffirm the creation of a special improvement guaranty fund (the "Guaranty Fund" ) and shall annually, so long as any special assessment bonds of the Issuer remain outstanding, transfer to said fund each year such amount as shall equal the amount that a tax levy on all taxable property located within the Issuer at the rate of . 0002 will produce, either through a levy of a tax of not to exceed .0002 in any one year or by the issuance of general obligation bonds or by appropriation from other available sources. The Guaranty Fund shall include an allocation of ten percent (10%) of the outstanding Bonds of this District, but the entire available balance in the Guaranty Fund shall be 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 11 . Contestability. No assessment shall be declared void or set aside in whole or in part in consequence of any error or irregularity which does not go to the equity BD4163 (PF) 10 or justice of the assessment or proceeding. Any party who has not waived his objections to same as provided by statute may commence a civil action against the Issuer to enjoin the levy or collection of the assessment or to set aside and declare unlawful this Ordinance. Such action must be commenced and summons must be served on the Issuer not later than 30 days after the effective date of this Ordinance . This action shall be the exclusive remedy of any aggrieved party. No court shall entertain any complaint which the party was authorized to make by statute but did not timely make or any complaint that does not go to the equity or justice of the assessment or proceeding. After the expiration of the 30-day period provided in this section: (a) The special assessment bonds issued or to be issued against the District and the assessments levied in the District shall become incontestable as to all persons who have not commenced the action provided for in this section; and (b) No suit to enjoin the issuance or payment of the bonds, the levy, collection or enforcement of the assessment, or in any other manner attacking or questioning the legality of the bonds or assessments may be instituted in this state, and no court shall have authority to inquire into these matters . BD4163 (PF) 11 Section 12 . Notice to Property Owners. 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. Section 13 . All Necessary Action Approved. The officials of the Issuer are hereby authorized and directed to take all action necessary and appropriate to effectuate the provisions of this Ordinance. Section 14. Repeal of Conflicting Provisions. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed. Section 15. Publication of Ordinances. An emergency is hereby declared, the preservation of peace, health and safety of the Issuer and the inhabitants thereof so requiring. Immediately after its adoption, this Ordinance shall be signed by the Mayor and City Recorder and shall be recorded in the ordinance book kept for that purpose. This Ordinance shall be published once in the Deseret News, a newspaper published and having general circulation in the Issuer, and shall take effect immediately upon its passage and approval and publication as required by law. BD4163(PE) 12 Section 16. Filing of Ordinance and Assessment List. The City Recorder is hereby authorized and directed to file a copy of this Ordinance within five days from the date hereof in the Salt Lake County Recorder's office. Since this 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. PASSED AND APPROVED by the City Council of the Issuer, this 17th day of April , 1990. /S/ Alan Hardman Chair • ATTEST: /S/ Kathryn Marshall City Recorder ( S E A L ) BD4163 (PF) 13 AR The City Treasurer was thereupon authorized to mail to the property owners in the District the foregoing notice of special assessment as hereinbefore provided. After the transaction of other business not pertinent to the foregoing matter, the meeting was on motion duly made, seconded and carried, adjourned. Chair ATTEST: City Recorder ( S E A L ) BD4163(PF) 14 PRESENTATION TO THE MAYOR The foregoing ordinance was presented to the Mayor for his approval or disapproval on the 17th day of April, 1990. Chair MAYOR' S APPROVAL OR DISAPPROVAL The foregoing ordinance is hereby approved this 17th day of April, 1990. Palmer A. DePaulis Mayor BD4163 (PF) 15 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 that the above and foregoing is a full, true and correct copy of the record of proceedings had by the City Council of Salt Lake, Salt Lake County, Utah at its meeting held on the 17th day of April, 1990 insofar as the same relates to or concerns Salt Lake City, Utah California Avenue Curb and Gutter Extension No. 38-724 as the same appears of record in my office. I further certify that the Ordinance levying the special assessments was recorded by me in the official records of Salt Lake City on the 17th day of April, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of Salt Lake City this 17th day of April, 1990. City Recorder ( S E A L ) BD4163(PF) 16 STATE OF UTAH ) AFFIDAVIT OF MAILING : ss. NOTICE OF ASSESSMENT COUNTY OF SALT LAKE ) I , Buzz Hunt, the duly appointed, qualified and acting City Treasurer of Salt Lake City, Salt Lake County, Utah, do hereby certify that on the day of April, 1990, I caused to be mailed a Notice of Assessment to each property owner in Salt Lake City, Utah California Avenue Curb and Gutter Extension No . 38-724 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 Salt Lake City, Salt Lake County, Utah this day of April, 1990 . City Treasurer ( S E A L ) BD4163 (PF) 17 l 1 STATE OF UTAH ) : ss. CERTIFICATE OF FILING COUNTY OF SALT LAKE ) I , Kathryn Marshall, the duly qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify that on the day of , 1990, pursuant to Section 10-16-18, Utah Code Annotated 1953, as amended, a copy of the Assessment Ordinance, as finally approved, together with a list of properties proposed to be assessed described by tax identification number and a valid legal description of the properties within the District, was filed in the Salt Lake County Recorder' s Office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Salt Lake City this day of , 1990. City Recorder ( S E A L ) BD4163(PF) 18 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 City Council on the 17th day of April, 1990, was published one time in the Deseret News. BD4163(PF) 19 EXHIBIT "A" CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I , Kathryn Marshall, the undersigned City Recorder of Salt Lake City, Salt Lake County, Utah (the "City" ) , do hereby certify, according to the records of the City in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-6(2) , Utah Code Annotated 1953, as amended, I gave not less than twenty-four (24) hours public notice of the agenda, date, time and place of the April 17, 1990 public meeting held by the City as follows: (a) By causing a Notice, in the form attached hereto as Schedule "A" , to be posted at the City's offices at 451 South State Street, Salt Lake City, Utah on April , 1990, at least twenty-four (24) hours prior to the convening of the meeting, said Notice having continuously remained so posted and available for public inspection until the completion of the meeting; and (b) By causing a copy of such Notice, in the form attached hereto as Schedule "A" , to be delivered to the Deseret News on April , 1990, at least twenty-four (24) hours prior to the convening of the meeting. BD4163 (PF) 20 IN WITNESS WHEREOF, I have hereunto subscribed my official signature this 17th day of April, 1990. City Recorder ( S E A L ) BD4163 (PF) 21 v SCHEDULE "A" NOTICE OF MEETING BD4163(PF) 22 V EXHIBIT "B" ASSESSMENT LIST [ Available for review at the offices of the City Recorder and Bond Counsel ] BD4163 (PF) 23 f STEPHANIE PETERSON ` 1_i` �CIVIC IVI CG D1 V\ I aRO j PALMER DEPAULIS DIRECTOR MAYOR COMMUNITY AFFAIRS 451 SOUTH STATE STREET, ROOM 335 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7915 TO: Salt Lake City Council April 12, 1990 RE: Recognition and Notification of SLACC and Community Councils Recommendation: That the City Council hold a public hearing on Tuesday, May 8th at 7:00 P.M. to discuss the recognition of SLACC and community councils and the notification of community groups regarding city actions. Availability of Funds: Not applicable Discussion and Background: Representatives of SLACC and the community councils have met with Mayor DePaulis, Community Affairs, and City Council staff for several months developing proposals to recognize the citizen participation process in Salt Lake City as structured through the Salt Lake Association of Community Councils (SLACC) and the geographically based community councils. The proposals have been circulated to community council, SLACC, and city department representatives for comment. They are now ready for discussion in a public forum for broader comment and consideration. Legislative Action: The City Attorney's Office has prepared the necessary ordinances which are ready for your action. Submitted y: STE'PE LE PETERSON Director SALT LAKE CITY ORDINANCE No. of 1990 (Recognition of SLACC and Neighborhood Organizations ) AN ORDINANCE AMENDING TITLE 2 OF THE SALT LAKE CITY CODE BY ADDING A NEW CHAPTER 2. 60.010 ET SEQ. , DEALING WITH RECOGNITION OF NEIGHBORHOOD BASED ORGANIZATIONS. WHEREAS, the City Council of Salt Lake City, Utah, believes it important that the City obtain input and information concerning decisions affecting residents from locally established neighborhood organizations; and WHEREAS, such input and information should come through a regularly established process by which geographical areas of the City may be identified for purposes of formulating and presenting recommendations on actions within the City which affect that geographical area; and WHEREAS, the City acknowledges the vital roles that neighborhood organizations play in improving the quality of life for Salt Lake City residents and visitors; and WHEREAS, the City desires to extend official recognition to Salt Lake City' s community councils, neighborhood councils and associations, and the Salt Lake Association of Community Councils; and WHEREAS, such neighborhood-based organizations should be encouraged and permitted to recommend actions, policy or plans to the City on matters affecting the livability of their neighborhoods or the City as a whole; and WHEREAS, the neighborhood-based organizations are encouraged to assist City agencies in determining priority needs of their neighborhoods including master planning and ordinances; and WHEREAS, such neighborhood-based organizations should follow clear processes within the organization for presenting their input to the City; and WHEREAS, the Mayor and the City Council are encouraged to schedule regular meetings with recognized neighborhood-based organizations; and WHEREAS, the Mayor and the City Council intend to provide through the City' s budget process for reasonable assistance to such neighborhood-based organizations; and WHEREAS, the City intends to encourage City departments, especially including the Department of Community and Economic Development to work with the neighborhood-based organizations; THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: Section 1 Chapter 2.60.010 Et Seq. be enacted to read as follows: CHAPTER 2 . 60 SLACC AND NEIGHBORHOOD-BASED ORGANIZATION RECOGNITION Section 2.60.010 Purpose. It is the policy of Salt Lake City to recognize neighborhood-based community organizations for the purpose of providing citizen input and information to various City planning -2- and administrative services. This chapter provides a process for such recognition. Section 2.60.020 Recognition of SLACC and neighborhood- based organizations. A. All organizations recognized pursuant to this chapter shall comply with the following conditions: 1 . Only properly registered not-for-profit corporations in good standing with the State of Utah may be recognized. 2. To obtain recognition any community-based organization shall submit to the City Recorder the following information: (a) The articles of incorporation and bylaws of the community-based organization. (b) A list of the officers, directors or trustees of the organization together with their addresses and the address to which any notice to the organization should be sent. (c) No later than January 31 of each year any recognized organization seeking continuing recognition shall submit to the City Recorder any changes in the information specified in (a) and (b) above and a list of each meeting held by the organization in the proceeding year and a description of the election procedure for officers, directors or trustees of the organization. B. The Salt Lake Association of Community Councils ( "SLACC" ) , or its legal successor, is hereby recognized as the City-wide organization in which community councils, neighborhood councils and neighborhood associations participate by sending representation in accordance with SLACC by laws. -3- C. Neighborhood and community organizations. Neighborhood and community organizations representing the neighborhoods and communities defined on the list and map attached as Exhibit A to this ordinance and maintained on file with the City Recorder are hereby recognized. Membership in any neighborhood or community- based organization must be open to anyone residing within or owning property within the boundaries of the organization. The number, name or boundaries of any community or neighborhood organization may be amended by the Council upon petition from a council member, or any neighborhood or community organization recognized under this chapter. All neighborhood or community organizations affected by such a petition shall hold a public hearing on the amendment request not less than 15 or more that 45 days after written notice of the request is received. Within 30 days after the hearings before the affected community or neighborhood organization the City Council shall hold a public hearing on the amendment request. The Council shall act on the amendment petition by majority vote. D. All organizations recognized pursuant to this chapter shall comply with all provisions of the open meeting laws of the State of Utah and Salt Lake City. Section 2.60.030 Participation. Recognized organizations are encouraged to make recommendations to the City on all matters affecting the City or the organizations particular community or neighborhood. Recognized organizations shall be part of the City's notification process provided by Chapter 62 of Title 2. -4- Section 2.60.040 Open participation. This chapter shall not preclude the participation in any public hearing by individuals or entities on their own behalf. All citizens of Salt Lake City affected by a decision to be considered by the City Council or the Mayor are encouraged and invited to participate whether through their recognized organization or individually. Section 2.60.050 Volunteer status and partial indemnification. Recognized organization members shall be considered volunteers and not employees, officials or officers of Salt Lake City. Recognized organizations and their officers, trustees and directors shall be indemnified by the City pursuant to the Utah Governmental Immunity Act in any civil action which may arise from determinations and recommendations made within the scope of performance of their duties under this chapter or under Chapter 62 of Title 2. This defense and indemnification obligation on behalf of the City shall be limited to only those determinations and recommendations and shall not extend to any physical activities of the recognized organizations or their members such as driving, inspecting property or other similar activities. This provision shall not be deemed a waiver of any claim for immunity from suit on behalf of the volunteer. SECTION 2. This ordinance shall become effective on the date of its first publication. -5- Passed by the City Council of Salt Lake City, Utah, this day of , 1990. CHAIRPERSON ATTEST: .y CITY RECORDER Transmitted to the Mayor on Mayor' s action: Approved Vetoed. MAYOR ATTEST: CITY RECORDER (SEAL) Bill No. of 1990. Published: BRB:ap -6- SALT LAKE CITY ORDINANCE No. of 1990 (Recognized and Registered Organization Notification Provisions) AN ORDINANCE AMENDING TITLE 2 OF THE SALT LAKE CITY CODE BY ADDING A NEW CHAPTER 2. 62 . 010, ET SEQ. , DEALING WITH NOTIFICATION OF CERTAIN ACTIONS TO RECOGNIZED OR REGISTERED ORGANIZATIONS. WHEREAS, the City Council of Salt Lake City, Utah, believes it important that the City obtain input and information concerning decisions affecting residents from locally established neighborhood and other community-based organizations and other entities seeking to provide such input; and WHEREAS, such input and information should come through a regularly established process by which geographical areas of the City may be identified for purposes of formulating and presenting recommendations on actions within the City which affect that geographical area; and WHEREAS, the City acknowledges the vital roles that neighborhood organizations play in improving the quality of life for Salt Lake City residents and visitors; and WHEREAS, such neighborhood-based organizations should be encouraged and permitted to recommend actions, policy or plans to the City on matters affecting the livability of their neighborhoods or the City as a whole; and WHEREAS, the neighborhood-based organizations are encouraged to assist City agencies in determining priority needs of their neighborhoods including master planning and ordinances; and WHEREAS, such neighborhood-based organizations should follow clear processes within the organization for presenting their input to the City; THEREFORE, be it ordained by the City Council, Salt Lake City, Utah: Section 1 That Chapter 2 . 62. 010, et seq. , be enacted to read as follows : CHAPTER 2 . 62 Recognized or registered organization notification procedures . Section 2.62.010 Purpose. It is the policy of Salt Lake City to notify recognized or registered organizations of activities concerning the organizations and obtain input from these organizations concerning various city planning and administrative services. This chapter provides a process for such notification and obtaining such input. Section 2 .62. 020 Organizations entitled to notice. A. Recognized Organizations. Organizations recognized pursuant to Chapter 60 of Title 2 shall receive the notices and may participate in the processes established pursuant to this chapter. B. Registered Organizations. Any other entity, organization or person may register on annual basis with the -2- Department of Community and Economic Development to receive the notices specified in this chapter. Section 2 . 62. 030 Required notices. A. The Planning and Zoning division shall submit to each recognized or registered organization copies of the Planning Commission public meeting agendas and shall also submit to neighborhood and community organizations recognized pursuant to Section 2 . 60 . 020 (C) applications for changes to zoning ordinances or conditional use applications pertaining to territory located within, or within 600 feet of the border of such recognized organizations . B. Board of Adjustment agendas shall be sent to all organizations recognized pursuant to Section 2 .60 .020(C) . C. Other City administrative departments shall take reasonable steps to notify affected recognized organizations of any significant activities pertaining specifically to the recognized organizations geographic area. D. The failure to give any notice under this section shall not affect the validity of any act or decision and shall not give rise to any private right of action for such lack of notice. Section 2.62.040 Participation in planning process. A. Recognized and registered organizations are encouraged to make recommendations concerning matters of which they are given notice pursuant to this chapter. In making such recommendations the spokesperson for the organization shall specify the following: -3- 1 . The nature of the meeting at which the organizations recommendation was obtained (i .e. , executive committee, board, general membership, or otherwise) ; 2 . The notice procedure for the meeting at which such recommendation was made; 3 . The vote on such recommendation. B. Upon request of the chairperson or designated planning and zoning representative of an organization recognized pursuant to Section 2 . 60 . 010 (C ) given in writing, by telephone or in person at a meeting during which an application is being considered, the Planning Commission shall continue the application for a period not to exceed four weeks from the first meeting such application is heard by the Planning Commission to allow the recognized organization to consider the application at its own meeting. The Mayor may notify the Planning Commission that immediate action is necessary for the best interests of the City in which case a request for delay shall not be granted. Section 2.62.050 Open participation. The notification and participation process specified in this chapter is not intended to preclude the participation in any public hearing by individuals or entities on their own behalf . All citizens of Salt Lake City affected by the decision to be considered at a public hearing are invited and encouraged to participate whether through their recognized organization or individually. -4- SECTION 2 . This ordinance shall become effective the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990. CHAIRPERSON ATTEST: CITY RECORDER r _ J� Transmitted to the Mayor on Mayor' s action: Approved Vetoed. MAYOR ATTEST: CITY RECORDER (SEAL) Bill No. of 1990 . Published: BRB:ap -5- yZ_c dal,1' r,,4P�C , b - JOSEPH R.ANDERSON S 1 11' 0`� �`V EF l��Gjinj t D a '�I� PUBLIC WORKS pFlECTOR 1 �" `+ v..�••••mk . PALMER DEPAULIS DEPARTMENT OF PUBLIC WORKS MAYOR 451 SOUTH STATE STREET, SUITE 507 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7775 TO: Salt Lake City Council DATE: Dec. 11, 1989 REFERENCE: Notice of Intention - 1990 Central Business District - Street Lighting and Beautification S. I .D . - Project No. 38-864 RECOMMENDATION: City Council adopt the Notice of Intention to create the District, authorize the advertising of the Notice of Intention in accordance with the attached schedule, and authorize r` advertising for construction of the project. AVAILABILITY OF FUNDS: Redevelopment Agency funds and property owner assessments through the Special Improvement District. DISCUSSION: This district will provide for installation of new sidewalk with brick pavers , tree planters , irrigation and electrical system, street lights and the rehabilitation or aban- donment of sidewalk vaults. The Department of Public Works intends to advertise this project for bids in February and begin construction in April , 1990, with completion by November , 1990 , if construction funds are made available. Attached are drawings showing the areas to be reconstructed, an . information sheet, a draft of a letter to abutting property owners , a draft of the Notice of Intention, and a schedule of events for hearings and meetings on this project. CONTACT PERSON: Daniel C. Noziska, P.E. - Project Manager SUBMITTED BY: Joseph R. Anderson - Director of Public Works 4 41- JRA:DCN:pp Attachments _ cc: Max G. Peterson 1 Daniel C. Noziska • Vault inn 1 . , 1 ii__..! • L__��tU �` (L`M • •• , ' 7:174\,4,„1.1 • 1-\\--Al., -\. UTAH STATE Ii. CAPITOLca . : 711\14 b • • X_ Ti. . 'a. \lic •------- • C.B,D, .) 3• K , , BEA��TIFICATION LIGHTINGil 1 .: YY7AND�°° ii _Li:txQA,I.. Ha� IC,/ STREET : l__.. • S:I.D. . ( I. PROJECT N0. 38-864 r . • ' t'..20.Pi• IED . D F1e+1 AY soul h 111 100 U , . -. il. . a -: ...... • V •. ' FPI 1 • • •• • z —la: -11" ot90flf AY. Ar Q •1-_ • i 2N4Pt , TS SiS. . —Al • •:. •-•' - ' '''•" BROAD WAY • PIONEER .-._ !rip_ • oma. W y • PARK. . too - �.� • F26 _,[ -; — Cody • Waluir .c, COUNTY I - 1h A e�1 ■L*•500 I (. r' �f 22 1 • .., •. 1 . i ; 8«,u, F.-1.1 a Ci . - l 1 Ar ,1 rj Ay E1IIHuL1 . au , 8a2o AT INFORMATION SHEET 1990 CENTRAL BUSINESS DISTRICT BEAUTIFICATION AND STREET LIGHTING 71 SPECIAL IMPROVEMENT DISTRICT NO. 38-864 DISCUSSION: The 1990 CBD Beautification and Street Lighting Special Improvement District involves South Temple/State Street to 300 West; 300 South/West Temple to 200 West; 400 South/State Street - Main Street (north side) ; State Street/300 South - 400 South (west side) ; and 100 South Median/State Street to Main Street. The improvements for the District include the removal and reconstruc- tion of curb, gutter , sidewalks with brick pavers, driveways and r-N appurtenances ; the removal of illegal or nonstandard driveways ; the construction of minor drainage facilities ; the construction of tree planters, placement of soil and trees ; the installation of irrigation and electrical systems ; street lighting; property drains ; the abandon- ment or rebuilding of sidewalk vaults; and other miscellaneous work which is necessary to complete the above improvements. AVAILABILITY OF FUNDS: Funds for the project will come from the Redevelopment Agency and property owner assessments through the Special Improvement District. PRELIMINARY ESTIMATED COSTS: Property Owner Portion $1 ,020,290 Redevelopment Agency Portion 980 ,000 Total Estimated Cost $2,000,290 BD2113 (PF) Salt Lake City, Utah March 13 , 1990 A regular meeting of the City Council of Salt Lake City, Salt Lake County, Utah was held on Tuesday the 13th day of March, 1990, at the hour of 6:00 p.m. , at the offices of the City Council at 451 South State Street, Salt Lake City, Utah at which meeting there were present and answering roll call the following members who constituted a quorum: Alan Hardman Chair Nancy Pace Vice Chair L. Wayne Horrocks Councilmember Ronald Whitehead Councilmember Thomas M. Godfrey Councilmember Don C. Hale Councilmember Roselyn N. Kirk Councilmember Also present: Palmer A. DePaulis Mayor Roger F. Cutler City Attorney Kathryn Marshall City Recorder Absent: None The Chairperson then stated that the meeting was called for the purpose, among other things, of approving a revised a _ r�. and restated declaration of intention of the City Council to create Salt Lake City, Utah Special Improvement District No. 38-864, previously approved by a resolution adopted by the City Council of Salt Lake City, Salt Lake County, Utah on the 9th day of January, 1990. Thereupon the following proceedings, among others, were duly had and taken: Councilmember introduced the following resolution in writing, which was read by title and moved its adoption: BD2113 (PF) 2 RESOLUTION NO. of 1990 A REVISED AND RESTATED RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF SALT LAKE CITY, SALT LAKE COUNTY, STATE OF UTAH, TO CONSTRUCT IMPROVEMENTS IN THE CENTRAL BUSINESS DISTRICT INCLUDING CURB, GUTTER, SIDEWALKS WITH BRICK PAVERS, DRIVEWAYS, DRAINAGE, TREES, PLANTERS, TIE-IN PAVING, IRRIGATION, VAULT ABANDONMENT OR REBUILDING, ELECTRICAL SYSTEMS, STREET LIGHTING OPERATION AND MAINTENANCE OF STREET LIGHTING FOR ONE YEAR, AND DRAINS AND ALL OTHER MISCELLANEOUS WORK NECESSARY TO COMPLETE THE IMPROVEMENTS; TO CREATE SALT LAKE CITY, UTAH SPECIAL IMPROVEMENT DISTRICT NO. 38-864; TO DEFRAY THE COST AND EXPENSES OF A PORTION OF SAID IMPROVEMENT DISTRICT BY SPECIAL ASSESSMENTS TO BE LEVIED AGAINST THE PROPERTY BENEFITED BY SUCH IMPROVEMENTS; TO PROVIDE A REVISED NOTICE OF INTENTION TO AUTHORIZE SUCH IMPROVEMENTS AND TO FIX A TIME AND PLACE FOR PROTESTS AGAINST SUCH IMPROVEMENTS OR THE CREATION OF SAID DISTRICT; TO AUTHORIZE ADVERTISEMENT OF CONSTRUCTION BIDS AND RELATED MATTERS. BE IT RESOLVED by the City Council of Salt Lake City, rf Salt Lake County, Utah: Section 1 . The City Council of Salt Lake City, Salt Lake County, Utah (the "City" ) hereby determines that it will be in the best interest of the City to make improvements that will include removal and reconstruction of curb, gutter, sidewalks with brick pavers, driveways and appurtenances; the removal of illegal or nonstandard driveways; the construction of minor drainage facilities ; the construction of tree planters, placement of soil and trees; the installation of irrigation and electrical systems; street lighting operation and maintenance of street lighting for one year; property drains; the abandonment or rebuilding of sidewalk vaults; (collectively the "Improvements" ) , and to complete the whole BD2113 (PF) 3 e r e 4 C) according to the design plans, profiles and specifications on file in the Office of the City Engineer of Salt Lake City, Utah. In order to finance the costs of the Improvements, the City proposes to create and establish a special improvement district, which is more particularly described in the Notice of Intention, to construct the proposed Improvements. Section 2 . The proposed district shall be known as Salt Lake City, -Utah Special Improvement District No. 38-864 (the "District" ) . Section 3 . The cost and expenses of a portion of the proposed Improvements shall be paid by a special tax to be levied against the property fronting or abutting upon or F ~; situated within the District to be improved or which may P be } affected or specially benefited by any of such Improvements, such tax to be paid in not more than ten (10) equal annual installments with interest on the unpaid balance until due and paid. Section 4. Written protests against the proposed Improvements or against the creation of the District must be presented and filed in the Office of the City Recorder of Salt Lake City, Utah on or before the 16th day of April, 1990, at the hour of 5 :00 p.m. Thereafter at 6:00 p.m. on Tuesday, the 17th day of April, 1990 at the City Council Chambers at 451 South State Street in Salt Lake City, Utah, any such protests shall be heard and considered by the City Council. }•�i:J i •f BD2113 (PF) 4 #r�7 The City Recorder is hereby directed to give notice of intention to make the proposed Improvements and of the time within which protests against the proposed Improvements or the creation of the District may be filed and the date when such protests will be heard and considered by publishing a notice of intention to create the District in the Deseret News, a newspaper of general circulation in the City, said notice to' be published four times, once during each week for four consecutive weeks, the last publication to be not less than five (5) nor more than twenty (20) days prior to the time fixed in the notice as the last day for • the filing of protests. In addition, the City Recorder shall mail a copy of such notice by United States Mail, postage prepaid, to each owner of land to be assessed within the proposed District at the last known address of such owner, using for such purpose the names and addresses of said owners appearing on the last completed real property assessment rolls of Salt Lake City, Salt Lake County, and, in addition, a copy of such notice shall be mailed, postage prepaid, addressed to "Owner" at the street number of each piece of improved property to be affected by the assessment, said notices to be so mailed not later than ten (10) days after the first publication of the Notice of Intention. If a street number has not been so assigned, then the post office box, rural route number, or any other mailing address of the improved property shall be used BD2113 (PF) 5 (111) 4=44 for the mailing of the Notice. Said Notice shall be in substantially the following form: ii;• fl BD2113 (PF) 6 NOTICE OF INTENTION PUBLIC NOTICE IS HEREBY GIVEN that on the 13th day of March, 1990, the Mayor and City Council of Salt Lake City, Salt Lake County, Utah (the "City" ) , adopted a revised and restated resolution (the "Restated Resolution" ) declaring its intention to create a special improvement district to be known as Salt Lake City, Utah Special Improvement District No. 38-864 (the "District" ) . The Restated Resolution supplements, amends and replaces a resolution (the "Original Resolution" ) in connection with the District adopted January 9, 1990. It is the intention of the City Council to make improvements within the District and to levy special taxes as provided in Chapter 16, Title 10, Utah Code Annotated 1953, as amended, on the real estate lying within the District for the benefit of which such taxes are to be expended in the making of such improvements . DESCRIPTION OF DISTRICT The District will be created and improvements will be constructed within the boundaries of Salt Lake City, Utah. The improvements for the District include the removal and reconstruction of curb, gutter, sidewalks with brick pavers, driveways and appurtenances; the removal of illegal or nonstandard driveways ; the construction of minor drainage facilities; the construction of tree planters, placement of soil and trees; the installation of irrigation and. electrical BD2113 (PF) 7 systems; street lighting; property drains; and the abandonment or rebuilding of sidewalk vaults; and other miscellaneous work which is necessary to complete the above improvements. Location of Improvements On all of the following named streets the abutting property owners will be assessed for the described improvements at the herein below estimated rates. Streets: South -Temple: Main Street to 300 West less the south side from West Temple to .200 West 400 South: North side of street, from a point 165 feet west of Main Street property corner to State Street 300 South: West Temple to 200 West Basis for Assessment The abutting property owners whose property will be improved will be assessed the cost of such improvements. Depending on the ;nature of the improvements, some costs will be assessed by front foot and/or square foot of abutting property. Some costs will be assessed by benefitted lot for vault rehabilitation or abandonment. For a designation of the applicable rate and method of assessment, see "Estimated Cost of Improvements" set out hereafter. Because of the variety of improvements being proposed, it is not possible to set out herein the combination of assessment rates applicable to each individual parcel to be assessed. A map of the District and rates for assessments are BD2113 (PF) 8 F-- r ; available for review in the City Engineer' s Office . Also available is a list of all property owners affected and the rate schedule for each. All other necessary things shall be done to complete the whole project according to plans, profiles and specifications on file in the office of the City Engineer. All nonconforming improvements such as lawns, sprinkling systems, rock gardens, driveways, curbs and gutters, culverts, walks, fences, etc. , which have been built or installed by abutting property owners within the area to be improved, must be removed by the property owners at their expense prior to the commencement of the project. If these improvements are f . *4' not removed by the property owners, they will be removed by the contractor and disposed of by him as directed by the Engineer. ESTIMATED COST OF IMPROVEMENTS The total cost of improvements in said proposed Special Improvement District as estimated by the City Engineer is $1, 650,950. 00 of which it is anticipated the Redevelopment Agency of Salt Lake City (the "Agency" ) will pay approximately $790, 000. 00 (the "City' s Portion" ) . The remainder of approximately $860, 950.00 shall be paid by a special tax to be levied against the property abutting upon the streets to be improved or upon property which may be affected or specifically benefited by such improvements . The actual BD2113 (PF) 9 („ (7) commitment of the Agency to pay its portion of the costs of improvements is subject to the availability of funds and compliance with budget approval. No assessable costs will be incurred unless and until the Agency has completed the budgeting process as to its estimated portion of the costs of the proposed improvements and has determined the availability of funds. The estimated property owner's costs include construction and a portion of engineering expenses, possibly a portion of a debt service reserve, a ten percent (10%) allowance for the interest on interim warrants issued to finance construction of the improvements and an allowance of approximately fifteen percent (15%) for administrative costs, a possible underwriter' s discount on sale of bonds, a portion of engineering expenses, legal and other costs in connection with the issuance of bonds. In addition, for the first year of operation the applicable rates include the estimated operation and maintenance expenses for the street lights in the areas of the District where those improvements will be constructed. The estimated cost to be assessed against the properties within the District shall be as follows: BD2113 (PF) 10 IMPROVEMENTS AND ESTIMATED COSTS Abutters Estimated Rate Estimated Cost to No. Improvements Quantity Cost/Unit Abutters 1. New 4" sidewalk with brick pavers on grade & misc. work, i.e. drainage work,pkg meters 23,000 SF $ 6.25 $143,750 2. Street Beautification including trees, planters, grates, benches, irrigation and power systems 1,600 LF $70.00 $112,000 3. 7-B curb and gutter with asphalt tie-in 1,200 LF $16.00 $ 19,200 4. Scarify and seal existing vault surface and install pavers and concrete 4,500 SF $ 5.00 $ 22,500 5. New 4" sidewalk with brick paver & misc. work, i.e. membrane on cast in place conc. vault 3,000 SF $ 7.00 $ 21,000 6. Sidewalk drain 400 LF $12.50 $ 5,000 7. South Temple Street, from State Street to 300 West, lighting including new poles, conduit and vaults 3,300 LF $67.50 $222,750 8. 300 South Street, from West Temple to 200 West, street lighting, new poles, tree lights and misc. work 1,310 LF $70.00 $ 91,700 9. Operation and maintenance expenses for the first year of the street lighting improvements described in Rates 7 and 8 4,610 $ 5.00 $ 23,050 *Estimated Extra Cost for Ventilation Structures and Vault Reconstruction and/or Abandonment *$200,000 Total Estimated Abutters Portion of Improvements $ 860,950 Total Estimated City's Portion of Improvements $ 790,000 TOTAL PROJECT COST: $1,650,950 * This improvement work shall be assessed in addition to the indicated improvement rates. The assessment shall be levied upon each parcel or lot benefitted by the work done on vaults or ventilation structures. A The estimated cost to be paid by the Agency consists of one-half of the cost of sidewalks with pavers, street beautification, curb and gutter, street drainage, and street lighting. The proposed assessment will be equal and uniform based on benefits received. The adjustment for the City' s Portion has been taken into account in the Table above so that the Estimated Cost per unit represents the net estimated cost to be assessed to the property owner. ASSESSMENTS AND LEVY OF TAXES It is the intention of the City Council of Salt Lake City, Utah to levy assessments as provided by the laws of the State of Utah on all parcels and lots of real property within the District benefiting from the improvements. The purpose of the assessments and levy is to pay those costs of the subject improvements. The method of assessment shall be by lineal front foot, square foot and/or extra cost as set forth herein. Except for Rate #9 which must be paid at the time of assessment, assessments may be paid by property owners in ten (10) approximately equal annual installments. In order to fund the first semiannual interest payment on bonds of the District, the first payment date of an assessment installment may be less than one year from the date of adoption of the assessment ordinance. Thereafter, assessment installments F t0. BD2113 (PF) 12 will fall due on the anniversary date of the first installment payment. Interest will accrue on the unpaid balance at a rate or rates to be fixed by the City Treasurer. The whole, or any part of, the assessment may be paid without interest within fifteen ( 15) days after the ordinance levying the assessment becomes effective. Rate 9 assessments will be due and payable during this cash payment period. The assessments shall be levied according to the benefits to be derived by each property owner within the District. Other payment provisions and enforcement remedies shall be in accordance with Chapter 16, Title 10, Utah Code Annotated 1953 , as amended. TIME FOR FILING PROTESTS Any person who is the owner of record of property to be assessed in the District described in this Notice of Intention shall have the right to file, in writing, a protest against the creation of Salt Lake City, Utah Special Improvement District No . 38-864, or to make any other objections relating thereto. Protests shall describe or otherwise identify the property record by the person or persons making the protest. Protests may be filed with the Chief Deputy City Recorder of Salt Lake City, Utah, on or before 5 :00 p.m. on the 16th day of April , 1990. No protest will be considered for purposes of creating the District if it is received by the Chief Deputy Recorder later than this protest filing deadline. Any written protest filed after January 9, 1990 and before March 5, 1990, BD2113 (PF) 13 in response to the prior notice of intention set out in the Original Resolution shall, unless earlier withdrawn, be held for consideration by the City Council. At 6:00 p.m. on the 17th day of April, 1990, the City Council will meet in public meeting at the City Council Chambers to consider all protests so filed and hear all objections relating to the proposed District. CALCULATION OF PROTEST RATE A protest rate shall be determined by aggregating the total of costs for proposed assessable square footage, lot assessments, and/or lineal footage of assessable property for all property owners filing written protests and dividing it 29 by the total aggregated assessable costs of improvements for all property owners to be assessed within the proposed District. After the written protest rate has been determined, the City Council may, at its discretion, delete areas from the District. At the time of creation of the District, the written protests of property owners in any area not included in the District will not be used in determining the protest rates. The City Council will rescind its intention to create • the District if the aggregated total of proposed estimated assessments against properties remaining in the District as to which assessments have been filed represent more than fifty percent (50%) of the aggregated total of assessments against rat all property remaining in the Modified District. BD2113 (PF) 14 BY ORDER OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH /s/ Kathryn Marshall City Recorder C BD2113 (PF) 15 Section 5 . Any written protest filed prior to the date of this Restated Resolution shall, if not earlier withdrawn, be considered at the public meeting to be held on the 17th day of April, 1990 at the City Council chambers. Section 6. The City Engineer is hereby authorized to prepare a notice which calls for bids for the construction of the proposed Improvements contemplated to be made in the District; and the City Recorder is hereby authorized to publish the Notice to Contractors calling for bids at least one time in the Deseret News, a newspaper of general circulation in Salt Lake City, at least fifteen (15) days before the date specified in the notice for the receipt of bids. However, the construction work shall not be awarded to the winning bidder until after the District has been created. Councilmember seconded the motion to adopt the foregoing resolution. The motion and resolution were unanimously adopted on the following recorded vote: • BD2113 (PF) 16 E Those voting AYE: Those voting NAY: BD2113 (PF) 17 • After the conduct of other business not pertinent to the above, the meeting was, on motion duly made and seconded, adjourned. Chair ATTEST: City Recorder ( S E 'A L ) BD2113 (PE) 18 PRESENTATION TO THE MAYOR The foregoing resolution was presented to the Mayor for his approval or disapproval on the 13th day of March, 1990. Chair MAYOR'S APPROVAL OR DISAPPROVAL The foregoing resolution is hereby approved this 13th day of March, 1990. Mayor ( s BD2113 (PF) 19 • STATE OF UTAH ) ss. COUNTY OF SALT LAKE ) I , Kathryn Marshall, the duly chosen, qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify as follows: 1. That the foregoing typewritten pages constitute a full, true and correct copy of the record of proceedings of the City Council at a regular meeting thereof held in said Municipality on March 13 , 1990 at the hour of 6:00 p.m. , insofar as said proceedings relate to the consideration and adoption of a resolution declaring the intention of the City Council to create Salt Lake City, Utah Special Improvement District No. 38-864 and make certain improvements therein described as the same appears of record in my office; that I personally attended said meeting, and that the proceedings were in fact held as in said minutes specified. 2. That due, legal and timely notice of said meeting was served upon all members as required by law and the rules and ordinances of said Municipality. 3 . That the above resolution was deposited in my office on March 13, 1990, has been recorded by me, and is a part of the permanent records of Salt Lake City, Salt Lake County, Utah. BD2113 (PF) 20 IN WITNESS WHEREOF, I have hereunto subscribed my official signature and affixed the seal of said Municipality this 13th day of March, 1990. City Recorder ( S E A L ) BD2113 (PF) 21 STATE OF UTAH ) AFFIDAVIT OF MAILING : ss. NOTICE OF INTENTION COUNTY OF SALT LAKE ) I , Kathryn Marshall, the duly chosen, qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify that the attached Notice of Intention was approved and adopted in the proceedings of the City Council held on Tuesday, the 13th day of March, 1990. I further certify that on the day of 1990 (a date not later than ten (10) days after the first publication of the Notice of Intention) I mailed a true copy of the Notice of Intention to create Salt Lake City, Utah Special Improvement District No. 38-864 by United States Mail, postage prepaid to each owner of land to be assessed within the proposed Special Improvement District at the last known address of such owner, using for such purpose the names and addresses appearing on the last completed real property assessment rolls of Salt Lake County, and in addition I mailed on the same date a copy of said Notice of Intention addressed to "Owner" addressed to the street number, post office box, rural route number, or other mailing address of each piece of improved property to be affected by the assessment. I further certify that a certified copy of said Notice of Intention, together with profiles of the improvements and a map of the proposed District, was on file in my office for inspection by any interested parties. BD2113 (PF) 22 �LL IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of Salt Lake City, Salt Lake County, Utah this day of , 1990. City Recorder ( S E A L ) BD2113 (PF) 23 1F; (Affidavit of proof of publication of the Notice of Intention to create Salt Lake City, Utah Special Improvement District No. 38-864. ) (:ram BD2113 (PF) 24 CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I , the undersigned City Recorder of Salt Lake City, Salt Lake County (the "City Recorder" ) , do hereby certify, according to the records of the City Council in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-6(2) , Utah Code Annotated 1953, as amended, I gave not less than twenty-four (24) hours public notice of the agenda, date, time and place of the March 13, 1990 public meeting held by the City Council as follows: ( a) By causing a Notice in the form attached hereto as Exhibit "A" , to be posted at the offices of the Salt Lake City Council on March , 1990, at least twenty-four (24) hours prior to the convening of the meeting, said Notice having continuously remained so posted and available for public inspection until the completion of the meeting; and (b) By causing a copy of such Notice, in the form attached hereto as Exhibit "A" , to be delivered to the Deseret News on March , 1990, at least twenty-four (24) hours prior to the convening of the meeting. BD2113 (PF) 25 0 ) IN WITNESS WHEREOF, I have hereunto subscribed my official signature this 13th day of March, 1990. City Recorder ( SEAL ) i BD2113 (PF) 26 EXHIBIT "A" Notice BD2113 (PF) 27 TO: F. Florence, Chief Deputy FROM: G. Sumner, Battalion Chief f-A6a SUBJECT: Cost recovery for emergency response DATE: 3-20-90 The following proposed policy for implementing cost recovery is necessarily brief and vague, since the actual mechanisms for implementing it are not in place. There is no question that it can be implemented, however, in the event that the cost recovery ordinances are enacted. The procedure of Identification, Verification, Cost Analysis, Billing, Appeal, and Collection, as described in the policy, has the support and consent of all agencies, within and outside the Department, who will be involved. I have consulted with Dan Mule of the Treasurer's Office about billing, and Bruce Baird of the Attorney's Office about billing and appeals. Two cost recovery ordinances are proposed: The first empowers the Fire Department to recover the cost of emergency intervention from the responsible party in Hazardous Materials Incidents. The second empowers the Fire Department to recover the costs of emergency intervention from the responsible party in negligently caused fires. Both ordinances can be managed within the same policy, since there are only minor procedural differences depending on the type of incident. Since we have no experience with this type of activity, it is difficult to predict the revenue or preventive value of these ordinances. Historically, there have been about 20 Hazardous Materials responses per year outside Salt Lake City. Costs of those incidents have not been recorded. Besides these incidents, there could be another 30 recoverable Hazardous Materials Incidents per year. Our existing fire incident reporting system is not coded in a way that allows us to predict the number of fires that will be recoverable. Excluding arson convictions, I estimate the number to be fewer than 10 per year. Labor costs can be subject to considerable variation depending on how we compute them, and what factors (salary, benefits), employees (firefighters, support staff), and supplies costs (expendable and destroyed supplies, wear and tear, depreciation, fuel) we include. We should choose and justify a cost figure once, then use it consistently, updating it yearly. COST RECOVERY POLICY POLICY: In accordance with Salt Lake Code (Chapter and Section citation), the Fire Department's cost of emergency intervention in Hazardous Materials incidents and negligently caused fires will be recovered from the responsible individuals or organizations. PROCEDURE: First, incidents which may fall within the criteria for cost recovery will be Identified by the Incident Commander. The Chief Deputy will be notified through the chain of command. Second, the incident will be investigated and examined more closely for Verification of whether it fulfills the criteria as a recoverable incident, and if so, who is the responsible party. In the case of negligently caused fires, verification will be done by Fire Investigators (the Fire Marshal has suggested that any increased workload as a result of this duty may require additional staffing or changing of existing priorities). In the case of Hazardous Materials incidents, verification will be done by the Hazardous Materials Coordinator. CRITERIA FOR RECOVERABLE INCIDENTS: Hazardous Materials Incident: 1. Any Hazardous Materials incident outside the Salt Lake City Limits. Cost of all labor and supplies will be recovered. (This will require an analysis of existing interlocal agreements concerning mutual aid, to assure that there are not conflicting agreements.) 2. Any Hazardous Materials incident which because of duration or size requires that extra staffing be called back. All overtime costs and all costs of supplies will be recovered. 3. Any Hazardous Materials incident which, because of duration of the incident or repeated responses to the same incident, is extraordinary. The cost of supplies and all extraordinary labor costs will be recovered. 4. Any Hazardous Materials incident in which supplies valued at $250.00 or more are used up or destroyed. The cost of all supplies will be recovered. Negligently caused fires. 1. Fires in which failure or willful neglect to comply with an order from a regulatory agency (fire, police, building, housing, health) either caused or contributed to the fire. The cost of all labor and supplies will be recovered. (An example is a fire in an unsecured vacant building that had been ordered to be secured.) 2. Accidental fires that are the result of a deliberate act in violation of the law. The cost of all labor and supplies will be recovered. (An example is a fire caused when illegal burning of rubbish or weeds spreads out of control.) 3. Deliberately set arson fires. The cost of all labor and supplies will be recovered. Third, the cost of emergency intervention will be computed through cost analysis within the Fire Department. The Administrative Services Division will be responsible for this function. Fourth, the Fire Department's report will be forwarded to the Treasurer's Office, for billing of the responsible party. Fifth, the responsible party will have the right to challenge the billing in an appeal to a hearing officer designated by the Mayor. (No appropriate existing mechanism for appeal was identified.) Sixth, Collection will be performed as necessary, using mechanisms already existing in the treasurer's Office. 3 STAFF RECOMMENDATION Hazardous Materials Cost Recovery Ordinance STAFF RECOMMENDATION BY: Cam Caldwell ACTION REQUESTED OF COUNCIL: Approve the ordinance amending Title 9 of the City Code dealing with cost recovery for hazardous materials emergencies. BACKGROUND INFORMATION: Councilman Horrocks asked the Fire Department and the City Attorney's Office to develop an ordinance which would enable the City to recover the costs associated with responding to emergencies caused by the mishandling, misuse or improper storage of hazardous materials. STAFF ANALYSIS AND RECOMMENDATION: Council staff worked closely with the administration in meeting to develop this ordinance. The ordinance includes an appeals process which has been carefully reviewed by the City Attorney's Office. The intent of the ordinance is to enable the City to recover actual costs associated with the Fire Department's response to a hazardous materials incident. At a time when the City is struggling to keep costs low, such incidents create additional work for the Fire Department. That work is usually caused by the negligent actions of a clearly identifiable party. That is the theory involved in asking the responsible party to assume financial responsibility for the incident. RECOMMENDED MOTIONS: I move that the City Council amend Title 9 of the City Code relating to health and safety by adding Chapter 9.44 dealing with cost recovery for hazardous materials emergencies. ANTICIPATED OPPOSITION: None STAFF RECOMMENDATION Negligently Caused Fire Cost Recovery Ordinance STAFF RECOMMENDATION BY: Cam Caldwell ACTION REQUESTED OF COUNCIL: Approve an ordinance amending Title 9 of the City Code to add a chapter allowing for the recovery of costs associated with negligently caused fires. BACKGROUND INFORMATION: Councilman Horrocks proposed that this ordinance be researched by the City Attorney's Office and the Fire Department to enable the City to recover the costs of staff and equipment used to extinguish negligently caused fires. Other countries have adopted the policy of assessing the cost of extinguishing such a fire to the negligent person or corporation. • STAFF ANALYSIS AND RECOMMENDATION: Council staff have met with representatives from the City,Attorney's Office and the Fire Department to research this issue and develop the ordinance. The definitions were carefully reviewed by the Fire Department. The Fire Department had expressed some concerns because most fires have a cause that could arguably have been prevented. The issue of negligence was difficult for the Fire Department to be comfortable with. The department staff finally determined that they would be able to make a reasonable determination of negligence with the present language. The ordinance provides for an appeal process which was also carefully reviewed. RECOMMENDED MOTIONS: I move that the City Council amend Title 9 of the City COde related to health and safety by adding Chapter 9.48 which establishes a cost recovery process for negligently caused fire emergencies. ANTICIPATED OPPOSITION: None. WM `A. ��_a_;WIT C,.,. M kuji OFFICE OF THE CITY COUNCIL CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, SUITE 304 SALT LAKE CITY, UTAH 84111 535-7600 March 29, 1990 MEMORANDUM TO: COUNCILMENBERS FROM: CINDY GUST-JENSONVL SUBJECT: HAZARDOUS MATERIALS & NEGLIGENTLY CAUSED FIRES ORDINANCES The Hazardous Materials and Negligently Caused Fires ordinances, recommended by Councilmember Wayne Horrocks, are on your consent agenda to set hearing dates. I have checked on the questions raised at your recent Committee of the Whole meeting, and am recommending that you move forward with these. Questions included: 1. Why do the ordinances indicate that payment of fines to the City does not constitute an admission of liability? The Attorney's Office indicates that this language is part of the enabling language in State Statute. 2. Does the appeals process need to be further detailed? The Attorney's Office indicates that the City has access to independent hearing officers, and one would be appointed by the Mayor for each case according to City procedure. There is thus no need for further detail in the ordinance but, if you wanted to have detail of the hearing process added, it could be added. I have reviewed this information with the Attorney's Office and the Fire Department, and I recommend your support of the ordinances. The approval of the appointment of Timothy Chambless to the Planning Commission is scheduled for your consideration on tonight's consent agenda. Please refer to item D-4 to review related information on this individual. f SALT LAKE CITY ORDINANCE No. of 1989 (Hazardous Material Emergency Cost Recovery Ordinance) AN ORDINANCE AMENDING TITLE 9 OF THE SALT LAKE CITY CODE RELATING TO HEALTH AND SAFETY BY ADDING CHAPTER 9.44 DEALING WITH COST RECOVERY FOR HAZARDOUS MATERIALS EMERGENCIES. WHEREAS, the 1989 Utah State Legislature passed Senate Bill No. 95 allowing local governments to establish procedures and collect costs for the local government ' s response to hazardous materials emergencies; and WHEREAS, the City has determined that such cost recovery would be in the best interest of the City; NOW, THEREFORE, Ee it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Chapter 9 .44 is hereby enacted to read as follows: 9.44.010 Purpose. This chapter shall provide procedures for recovering costs incurred by the City for City assistance in hazardous materials emergencies pursuant to §63-5-6(4) , Utah Code Annotated. 9.44.020 Definitions. As used in this chapter: (A) "Hazardous materials emergency" means a sudden and unexpected release of any substance that, because of its quantity, concentration or physical, chemical, or infectious characteristics, presents a direct and immediate threat to public safety or the environment, and requires immediate action to mitigate the threat . ;77- (B) "Expenses" means the actual labor costs of government • and volunteer personnel including worker's compensation benefits, fringe benefits, administrative overhead, costs of equipment, costs of equipment operation, costs of materials, costs of disposal and the cost of any contract labor and materials. 9.44.030 Recovery Authorization and Procedure. The City is hereby empowered to recover from any person, corporation, partnership or other individual or entity whose negligent actions cause the hazardous material emergency expenses. incurred by City agencies directly associated with a response to a hazardous materials emergency pursuant to the following procedure: (a) The City shall determine responsibility for the emergency and notify the responsible party by mail of the City' s determination of responsibility and the costs to be recovered. (b) The notice shall specify that the determined responsible party may appeal the City' s decision before a hearing officer . designated by the Mayor and establish a date by which the notice of appeal shall be filed. The appeal date shall be no less then fifteen (15) days from the date of the notice. (c) In the event the determined responsible party appeals the determination, the hearing officer shall hold a public hearing to consider any issues raised by the appeal, at which hearing the appealing party and the City shall be entitled to present evidence 'in support of their respective positions. (d) The hearing officer shall, after the hearing, make a recommendation to the Mayor who shall issue a decision assessing responsibility and costs. -2- l f 9.44.040 No Admission of Liability. The payment of expenses determined owing under this chapter does not constitute an admission of liability or negligence in any legal action for damages. 9 .44.050 Action to Recover Costs. In the event parties determined to be responsible for the repayment of hazardous material emergency costs fail to make payment to the City within thirty (30) days after a determination of any appeal by the Mayor or thirty (30) days from the deadline for appeal in the event no appeal is filed, the City may initiate legal action to recovery from the determined responsible parties the costs determined to be owing, including the City's reasonable attorney's fees. • SECTION 2. This ordinance shall take effect immediately upon publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . CHAIRPERSON ATTEST: CITY RECORDER -3- • • Transmitted to the Mayor on Mayor' s Action: Approved Vetoed. MAYOR ATTEST: . . CITY RECORDER BRB:pp • • • • • • -4- • SALT LAKE CITY ORDINANCE No. of 1989 (Negligently Caused Fire Emergency Cost Recovery Ordinance) AN ORDINANCE AMENDING TITLE 9 OF THE SALT LAKE CITY CODE . RELATING TO HEALTH AND SAFETY BY ADDING CHAPTER 9 .48 DEALING WITH COST RECOVERY FOR NEGLIGENTLY CAUSE FIRE EMERGENCIES. WHEREAS, Section 10-8-55, Utah Code Annotated, allows the - City to establish its Fire Department and make other necessary rules and regulations and to fix penalties; and WHEREAS, the City has determined that recovering costs from negligently caused fire emergencies would be in the best interest of the City; . NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Chapter 9.48 is hereby enacted to read as follows: 9 .48.010 Purpose. This chapter shall provide procedures for recovering costs incurred by the City for City assistance in negligently caused fire emergencies . 9.48.020 Definitions. As used in this chapter: A. "Negligently caused fire emergency: means a fire proximately caused by the negligence of an owner or occupier of r Irk _ r property and/or structures which presents a direct and immediate (") threat to public safety and requires •immediate action to mitigate the threat. B. "Expenses" means the actual labor costs of government and volunteer personnel including worker's compensation . benefits, fringe benefits, administrative overhead, costs of equipment, costs of equipment operation, costs of materials, costs of disposal and the cost of any contract labor and materials. 9.48.030 Recovery authorization and procedure. The City is hereby empowered to recover from any person, corporation, partnership or other individual or entity whose negligent actions cause fire emergency expenses incurred by City agencies directly associated with a response to a fire emergency pursuant to the following procedure: A. The City shall determine responsibility for the emergency and notify the responsible party by mail of the City' s determination of responsibility and the costs to be recovered. B. The notice shall specify that the determined responsible party may appeal the City' s decision before a hearing officer designated by the Mayor and establish a date by which the notice of appeal shall be filed. The appeal date shall be no less than fifteen (15) days from the date of the notice. C. In the event the determined responsible party appeals the determination, the hearing officer shall hold a public -2- V hearing to consider any issues raised by the appeal, at which hearing the appealing party and the City shall be entitled to present evidence in support of their respective positions. D. The hearing officer shall, after the hearing, make a recommendation to the Mayor who shall issue a decision assessing . responsibility and costs. 9.48.040 No admission of liability. The payment of expenses determined owing under this chapter does not constitute an admission of liability or negligence in any legal action for damages. 9 .48.050 Action to recover costs. In the event parties determined to be responsible for the repayment of negligently caused fire emergency costs fail to • make payment to the City within thirty (30) days after a determination of any appeal by the Mayor, or thirty (30) days from the deadline for appeal in the event no appeal is filed, the City may initiate legal action to recover from the determined responsible parties the costs determined to be owing, including the City' s reasonable attorney' s fees. 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 , 1988. CHAIRPERSON -3- _ • �• i .•• • ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor's action: Approved Vetoed. • MAYOR ATTEST: • CITY RECORDER (SEAL) Bill No. of 1989 . Published: BRB:rc -4-