08/14/1990 - Minutes •
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY UTAH
TUESDAY, AUGUST 14, 1990
The City Council of Salt Lake City, Utah, met as the Committee of
the Whole on Tuesday, August 14, 1990, at 5:00 p.m. in Room 325, City
Council Office, 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.
Councilmember Hardman called Ms. Gust-Jenson reviewed the
the meeting to order at 5: 10 p.m. evening's agenda, noting inquiries
received concerning the resolution
for the Fellowship Hall. A citi-
PUBLIC UTILITIES ADVISORY COMMIT- zen group had expressed an inter-
TEE CANDIDATE INTERVIEW est in maintaining the property
for a day center or day-care
Elliot Christensen was inter- center for the homeless. She
viewed to be considered for ap- indicated Ms. Sandra Hutchinson
pointment to the Public Utilities would be present to address the
Advisory Committee. Mr. Council on behalf of an organiza-
Christensen said he was a Salt tion called HOPE. She said Lee
Lake area native, and a graduate King, Capital Planning, would be
of the University of Utah. He present during the meeting if
said his area of expertise was in there was questions arose.
land planning and land management
and he had extensive contact and She said the updated ordinance
dealings with the water companies. regarding the David Thomas alley
He said he felt this experience vacation was a result of a
useful, and was aware of the previous hearing and was presented
commitment necessary to serve on with; the changes the Council had
the committee. requested.
EXECUTIVE DIRECTOR'S REPORT She said the CDBG item was to
move monies already appropriated.
Ms. Gust-Jenson said Janne
Nielson, Administrative Assistant The meeting adjourned at 5:45
to the Council, would talk with p.m.
the Council concerning the Utah
League of Cities and Towns Annual
Convention. Ms. Nielson distrib-
uted copies of the conference
brochure and explained the regis-
tration inclusions. She asked the
Council for their response con-
cerning attendance prior to the
end of the Council ' s meeting, so
the Council could take advantage
of the discounted registration
fees.
90-281
• •
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY UTAH
TUESDAY, AUGUST 14, 1990
The City Council of Salt Lake City, Utah, met in Regular Session on
Tuesday, August 14, 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 Misty Jo Zemp, Recorder Clerk, were present.
Council Chair Hardman presided at the meeting and Councilmember Pace
conducted the meeting.
OPENING CEREMONIES motion carried, all members voted
aye.
#1. Police Chaplain Gilbert
Farnsworth gave the invocation. Max Peterson, City Engineer,
said the engineering division was
#2. The Council led the Pledge appreciative of Mountain Fuel for
of Allegiance. the mapping system.
#3. Councilmember Godfrey Mr. Zobell and Mr. Jibson,
moved and Councilmember Whitehead said they appreciated the
seconded to approve•the minutes of cooperation that the City had
the Salt Lake City Council for the given them in making this
regular meetings held Tuesday, presentation possible. They
August 7, 1990, and Thursday thanked Max Peterson and the
August 9, 1990, which motion car- engineering division staff.
ried, all members voted aye. (R 90-1)
(M 90-1)
#5. The Mayor and Council
#4. The Mayor and Council presented A resolution of recogni-
presented A resolution of appreci- tion to Mrs. Bernice Cook.
ation to Mountain Fuel Supply Councilmember Horrocks read the
Company. Randy Zobell, Manager of resolution in recognition of
Salt Lake North Center, and Ron Bernince Cook for the significant
Jibson, Salt Lake North Center and important contributions she
Engineer, accepted the resolution had made to Salt Lake City, its
for Mountain Fuel. Councilmember boards, and neighborhood organiza-
Hale read the resolution, recog- tions over the years.
nizing Mountain Fuel for the
creation of a computer based Councilmember Godfrey moved
Geographic Information System, and and Councilmember Kirk seconded
the development of a state wide to adopt Resolution 90 1990, which
Computer Mapping System. motion carried, all members voted
aye.
Councilmember Godfrey moved
and Councilmember Kirk seconded Councilmember Horrocks pre-
to adopt Resolution 89 1990, which sented Mrs. Cook with a plaque
90-282
i
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY UTAH
TUESDAY, AUGUST 14, 1990
and thanked her for her involve- should be built on the property,
ment with the City. and said the residents of
(R 90-1) Richards Street would like to keep
it a residential area.
COMMENTS
Ms. Hutchinson said she felt
#1. Sandra Hutchinson, Home- the ideas planned for the homeless
less Foundation and Homeless children would not affect the
Children Foundation, said she had residents of Richards Street.
received an updated CDBG
announcement regarding the sale of Councilmember Horrocks said he
the Fellowship Foundation Building had been working with the problems
to a private non profit of this building and its occupan-
corporation that wanted to build a cy for over two years. He said he
single family home for a low to felt Richards Street was not the
middle income family. She said place to put a building for the
if the Council would consider more homeless children. He said he
options, the building could be felt there was a need to find
used for several low to middle another location for the homeless,
income families. She said she and he would do whatever was
would like to see the agreement possible to find another building.
signed for the funding for the
Fellowship Building. Ms. Hutchinson requested help
from the City Council to find
Councilmember Pace asked Ms. another location for the homeless
Hutchinson if she had met with the building. Councilmember Godfrey
neighbors of Richards Street, and asked the Mayor if it was
if she had presented them with a possible to find another location
proposal. • and facility for the homeless
children.
Ms. Hutchinson said she had
not met with the residents of Mayor DePaulis said he would
Richards Street due to a lack of be glad to find another location
communication with the City on and building for the Homeless
getting notices in a timely man- Foundation. He said he would like
ner. She said she would talk to to meet with the Homeless
the residents of Richards Street Foundation and discuss the
to see how they felt about having situation. He said he felt
a building for the homeless in the Richards Street was not the proper
area. location.
Councilmember Whitehead said Councilmember Pace said the
Richards Street was predominantly Council was not trying to
housing, and a home should be discourage what The Homeless
built on the property in place of Foundation was doing, they just
the building. He said he felt the did not agree Richards Street was
residents of Richards Street would the proper location.
agree.
Terry Anderson, Co-Chairman of
Councilmember Godfrey, said he the Fellowship Foundation, said he
was concerned with the traffic was in favor of the homeless
problems on Richards Street project. He said he agreed with
because it was a residential closing the Fellowship Building.
street. He said he felt a home
90-283
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY UTAH
TUESDAY, AUGUST 14, 1990
CONSENT AGENDA #6. RE: Setting a date to
hold a non advertised hearing on
Councilmember Godfrey moved September 4, 1990, at 6:40 p.m. to
and Councilmember Horrocks second- receive public comment and
ed to approve the consent agenda, consider adopting an ordinance
which motion carried, all members vacating Gordon Place between Main
voted aye. and State Streets, pursuant to
Petition #400-612-88, subject to
#1. RE: Adopting Resolution certain conditions.
86 of 1990 authorizing the execu- (P 90-283)
tion of an interlocal cooperation
agreement between Salt Lake City #7. RE: Setting a date to
and Sandy City Corporation to hold a hearing on September 18,
clarify responsibilities for 1990, at 6:20 p.m. to receive
construction, payments, and re- public comment and consider adopt-
views of the Parley's Water Treat- ing an ordinance adopting the East
ment Plant. Downtown Master Plan.
(C 89-670) (T 90-25)
#2. RE: Adopting Ordinance #8. RE: Approving the ap-
70 of 1990 granting right to pointment of Elliot Christensen to
construct and operate a cable to the Public Utilities Advisory
MCI Telecommunications Corporation Committee.
(0 90-36) (I 90-1)
#3. RE: Adopting Ordinance UNFINISHED COUNCIL BUSINESS
71 of 1990 amending Title 12,
Chapter 44, Section 220 of the #1. RE: Consider adopting an
Salt Lake City Code, relating to updated ordinance vacating a
approaching emergency vehicle-- portion of an east-west alley
vehicle and pedestrian duties. between K and L Streets, and llth
(0 90-38) and 12th Avenues pursuant to
Petition 400-764-89
#4. RE: Adopting Resolution
87 of 1990 authorizing the execu- ACTION: Councilmember Kirk
tion of an interlocal cooperation moved and Councilmember Whitehead
agreement between Salt Lake City seconded to adopt Ordinance 72 of
Corporation and Salt Lake County 1990, which motion carried, all
to purchase the Fellowship Founda- members voted aye.
tion Building at 1380 Richards (P 90-85)
Street.
(C 90-442) #2. RE: Consider adopting a
motion to set a date to hold a
#5. RE: Adopting Resolu- hearing on September 4, 1990, at
tion 88 of 1990 authorizing the 6:00 p.m. to receive public com-
execution of an interlocal cooper- ment concerning $2,000,000 in
ation agreement between Salt Lake Industrial Revenue Bonds for
City Corporation, and the Utah capital expansion of Western
Department Of Transportation to Fiberglass within the Salt Lake
make improvements to the park and City Limits.
ride lot at 10th North and I-15,
and for the transfer of title and ACTION: Councilmember Godfrey
maintenance to the City. moved and Councilmember Hale
(C 90-440) seconded to set the date to hold
90-284
411 •
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY UTAH
TUESDAY, AUGUST 14, 1990
the hearing, which motion carried, Warner and Mr. Dale Casady. When
all members voted aye. completed all the frontage
(Q 90-6) property on Jefferson Street would
be owned by Warner Enterprise. He
#3. RE: Consider adopting a said there was one parcel of land
motion approving amendments to the not presently owned by Bart Warner
Community Development Block Grant and he had proposed to do a land
Program. exchange that would be beneficial
to both property owners.
ACTION: Councilmember Godfrey
moved and Councilmember Horrocks Mr. Wright said the Planning
seconded to adopt the motion, Commission had this item on their
which motion carried, all members agenda August 2, 1990, and
voted aye, except Councilmember recommended that the Council close
Hardman who voted nay. this portion of Jefferson Street
(T 90-24) and sell the property at fair
market value. He said the planning
PUBLIC HEARINGS staff recommended payment be made
in the form of cash or a capital
#1. RE: A hearing at 6:20 improvement located in Block 14
p.m. to receive public comment and or 15. The staff and the
consider adopting an ordinance Commission found this to be
closing a portion of Jefferson consistent with the planning
Street between 700 and 800 South. policies contained in the Master
Plan and specifically the West
ACTION: Councilmember Godfrey Temple Gateway Redevelopment Plan,
moved and Councilmember Hardman which was adopted by the
seconded to close the public Redevelopment Board of Directors
hearing, which motion carried, all and the City Planning Commission.
members voted aye. Developments in this portion of
Jefferson Street would solve some
Councilmember Godfrey moved interior land use problems. He
and Councilmember Horrocks said the Planning Commission and
seconded to adopt Ordinance 73 of the planning staff recommended
1990, which motion carried, all that the Council adopt the
members voted aye. ordinance, with a provision that
the land trade agreement be
DISCUSSION: Bill Wright, finalized prior to the ordinance
Planning and Zoning Department, being enacted.
said the petition submitted by
Bart Warner, president of Rick Councilmember Hardman asked if
Warner Ford, requested the City to it was normal to involve the city
close and sell a portion of property manger in the appraisal
Jefferson Street, approximately process in the sale of property.
2,800 square feet located in the
interior portion of the block Mr. Wright said the city had a
between 700 and 800 South and West policy regarding the sale of
Temple and 200 West Street. He property whether it was a street,
said these properties were alley, or parcel of land that the
presently owned by Warner City owned. Two appraisals were
Enterprise, with one exception. He received under contract by the
said three other homes on the city to determine the value of the
corner of 2nd West were being property. He said many times the
proposed in a trade between Bart party purchasing the property
90-285
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY UTAH
TUESDAY, AUGUST 14, 3.990
would have other appraisals done Doctor Steve Lacey, 820
to compare with the appraisals Jefferson, asked what Rick Warner
from the City. He said the City's would do with their old property.
Real Property Manager would then He said he was in favor of seeing
give a recommendation to the the property improved.
Purchasing Agent and Mayor.
Mr. Warner said the old
Bart Warner, petitioner, said dealership had been sold and was
he purchased the Ford dealership no longer under their control.
from his family. He said he also Councilmember Godfrey asked Mr.
bought additional property which Warner if he knew who the new
the previous owner did not want. owner was. Mr. Warner said the
He said he wanted to clean up the new property owner was Earl
block, and make the property Holding.
usable.
Maria Lorman, 766 Jefferson,
Bernice Cook, People Freeway said in order for her family to
Community Council, asked if the buy another home they were going
City had title insurance, and if to need a fair trade for the
the title insurance was checked property.
before the sale of the property.
Councilmember Pace said this
Bill Wright said the portion was a separate issue and Mrs.
on the south was an extension of Lorman would have to discuss the
the facility, and would be situation with Mr. Warner.
incorporated into his dealership.
Councilmember Pace said title Doctor Lacey asked if Mr.
insurance did not apply to the Warner was going to leave a big
situation. mound of dirt on the road during
construction.
Plato Kannel, owner of
Kannel ' s Furniture, said he was Councilmember Pace said she
still an owner of the property. He could not address the issue. It
had no objection and said he was was an enforcement issue and
glad they were improving the area. Doctor Lacey should address this
issue if it occurred.
Jim Gains, 768 Jefferson (P 90-282)
Street, owner of a house at 154
West 800 South, asked why Rick The meeting adjourned at 7:05
Warner didn't purchase the two p.m.
remaining homes at 768 Jefferson
Street and 766 Jefferson Street. OLOAA 140t,dA^-
Councilmember Pace said this COUNCI , CHAIR
was a separate issue and he should
negotiate this with Mr. Warner at
another time.
C R ER
Marion Willy, 237 West
Montros, supported improvements in
the area and said he was in favor
of the ordinance.
90-286
AGENDA
JOINT MEETING
PLANNING COMMISSION, CITY COUNCIL, REDEVELOPMENT AGENCY, AND
BOARD OF ADJUSTMENT
AUGUST 16, 1990 - 5:00 P. M.
CITY COUNCIL CHAMBERS
(ROOM 315)
5:00 P.M. Welcome/Introductions LaVone Liddle-Gairunonal
5:15 P.M. Vested Property Rights
. Clarification on the Scherbal Case
How legally binding are Master Plans? Roger Cutler
6:00 P.M. Roles of Each Commission/Board/Council Chairpersons
6:30 P.M. Dinner Break
7:00 P.M. Master Plans
. Purpose/Process Allen Johnson
. List of current plans and status of each
7:30 P.M. Future issues To RP Discussed LaVone Liddle-Ganmlonal
MIKE ZUHL SALT°LAKE GITY' CORPORA IC.N 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 August 6, 1990
RE: East Downtown Master Plan
Recommendation: That the City Council hold a public hearing on September
18, 1990 to discuss adopting the East Downtown Master Plan. A briefing has
been scheduled for the Committee of the Whole meeting on September 6, 1990.
Availability of Funds: Not applicable
Discussion and Background: The East Downtown Neighborhood is within the
Central Community area of Salt Lake City. It is located between South
Temple and 600 South and 200 East and 700 East Street. The East Downtown
Master. Plan has been subject to extensive public and planning commission
reviews. The Planning Commission has approved the Plan with the following
conditions: 1) That the City Council keep in mind the Planning Commission
is currently reviewing a Petition for a proposed 600 East historic district
in this area. 2) That the City Council consider various funding mechanisms
which can start the implementation process of this Plan.
The Planning Staff has highlighted three major concepts East Downtown
Master Plan and they are as follows: 1)the development of "mixed use"
areas to be accomplished through specific mixed use zones; 2) the plan
identified special view corridors to preserve the views and the character
of significant buildings and sites (the Cathedral of the Madeleine, South
Temple Street, the City-County Building and Trolley Square) ; and 3) the
Plan makes a strong policy statement calling for the removal of offices as
a Conditional Use in the "R-7" Residential District.
Legislative Action: The City Attorney's Office has prepared the necessary
ordinance and it is ready for your action.
Submitted by:
ALL._
MICHAEL B.
Interim Director
SALT LAKE CITY ORDINANCE
No. of 1990
(Adopting the East Downtown Master Plan)
AN ORDINANCE PURSUANT TO SECTION 10-9-21 , UTAH CODE
ANNOTI_1ED, 1953 ADOPTING THE EAST DOWNTOWN MASTER PLAN.
WHEREAS , the City Council of Salt Lake City, Utah, has
held public hearings before its own body and before the
Planning Commission and received input from the affected
community councils and others and believes it appropriate to
adopt the East Downtown Master Plan.
NOW, THEREFORE, be it ordained by the City Council of
Salt Lake City, Utah :
SECTION 1 . That the East Downtown Master Plan
recommended for adoption by the Salt Lake City Planning
Commission on April 19 , 1990 is hereby adopted pursuant to
Section 10-9-21 , Utah Code Annotated, 1953 as amended. The
City Recorder is hereby directed to retain a certified copy
of the East Downtown Master Plan which is hereby
incorporated by reference.
SECTION 2 . This Ordinance shall take effect upon its
first publication .
Passed by the City Council of Salt Lake City, Utah,
this day of , 1990 .
CHAIRPERSON
r � C L'.:
ATTEST:
CITY RECORDER
Transmitted to the Mayor on
Mayor' s Action: Approved Vetoed
MAYOR
ATTEST:
CITY RECORDER
BRB:cc
-2-
ALLEN C. JOHNSON, AICP SA•L E° �, c �. GITY�CD, GYRATION 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
July 19. 1990
Mr. Michael Zuhl, Director
Community and Economic Development
Room 218, City-County Building
Salt Lake City, Utah 84111
Re: East Downtown Master Plan
Dear Mike,
Please find accompanying 15 copies of the East Downtown Master Plan. This
Plan is the product of efforts, over the last 18 months, by the Planning
Commission, Planning Staff and a number of civic and citizen groups. The East
Downtown Master Plan has also been subjected to extensive public and Planning
Commission review and at their April 19, 1990 meeting the Planning Commission
adopted, and moved to transmit this Plan to the City Council. This motion was
made with two (2) conditions : 1) That the City Council keep in mind the
Planning Commission is currently reviewing the Petition for the proposed
historic district in this area, and 2) That the City Council consider various
funding mechanisms which can start the implementation process of this Plan.
Therefore, it is now appropriate that the East Downtown Master Plan be
transmitted to the City Council for a public hearing and their consideration.
Several items or concepts of the East Downtown Master Plan are worthy of
special mention . Firstly, the East Downtown Master Plan calls for the
development of "mixed use" areas to be accomplished through specific mixed use
zones. Secondly, this Plan identifies special view corridors to preserve the
views to, and character of, significant buildings and sites ( the Cathedral of
the Madeleine, South Temple Street , the City-County Building and Trolley
Square) . And thirdly, the East Downtown Master makes a strong policy
statement calling for the removal of offices as a Conditional Use in the R-7
Residential District .
Page Two
East Downtown Master Plan
7/19/90
Respectfully,
Allen Johns , AICP
Planning ' ector
Enclosur
ACJ:bp
{
OFFICE OF THE CITY COUNCIL
CITY AND COUNTY BUILDING
451 SOUTH STATE STREET, ROOM 304
SALT LAKE CITY, UTAH 84111
TELEPHONE 535-7600
TENTATIVE AGENDA
Posted:
SALT LAKE CITY COUNCIL COMMITTEE OF THE WHOLE MEETING
DATE: Tuesday, August 14, 1990
TIME: 6: 30 p.m. or immediately following the City Council meeting
PLACE: City Council Conference Room
City & County Building, Room 325
451 South State Street
Salt Lake City, Utah
1 ) The Council will consider adopting a motion to enter into
Executive Session, to receive a briefing from the City Attorney
relating to potential litigation, pursuant to and consistent with
Section 52-4-5. 1.b of the Utah Open Meetings Act.
2) The Council will receive a briefing from the Housing Development
Corporation concerning their quarterly report.
cc: Mayor Palmer DePaulis, Mike Zuhl, Emilie Charles, Roger Cutler, Kathryn
Marshall, Department Heads, Press
I
SALT LAKE�CEI�TYA COUNCIL ,,/, Z(4(')AYRo
-^'L
. _ Z. 14-P. @ t-P-Cli Crkiiiti)
(611/)
. VNI(51V
11°p
\'', .)`.>/ TOtri 01)
CITY COUNCILHAI°BER\or ROOM EilIZO ( S CITY AND COUNTY BUILDING (� 3 chi
\\\if
.lc 451 SOUTH STATE STREET \✓✓
0 ' br Tuesday, August 14, 1990
6:00 p.m.
BRIEFING SESSION: 5:00 - 5:55 p.m. , Room 325 City and County
Building, 451 South State
\CZir\ly.
. Report of the Executive Director.
. The Council will interview Elliott Christensen prior to
consideration of his appointment to the Public Utility Advisory3 1
Committee. 1p °eAr-
- Mro` L`?�- yrIB. OPENING CEREMONIES: ` �
ab�` kj0
1. Invocation. 3 SL
2. Pledge of Allegiance. , �l�uhr
3. Approval of the minutes. l�,�v"'. �(�4. The Council and Mayor will present a resolution of appreciation to—. (1" _' 1
Mountain Fuel- Supply Company. -I1'Y,k Pe oh- Ea I n Per II'1
5. The Council and Mayor will present a resolution of r cognitiorft.o
Mrs. Bernice Cook\ - Wall n-eW6
C. COMMENTS_ 1/`)f, , ,A .
1. Questions to the Mayor from the City Council.
2. Citizen Comments to the Council.
D. CONSENT:
Resolution: Interlocal Agreement / Parley's Plant Expansion
Consider adopting a resolution authorizing the execution of an
Interlocal Cooperation Agreement between Salt Lake City
Corporation, Metropolitan Water District of Salt Lake City and
Sandy City Corporation to clarify responsibilities for
construction, payments and reviews of the Parley's Water Treatment
Plant. Jl U.J 4 s it V
(C 89-670)
Staff recommendation: Ado t
7\0- LV\611 I SV‘j iD P(zr-
lt
2. Ordinance: MCI Telecommunications C 11\1 0)l1 aia l li CO T A, 01 .
Consider adopting an ordinance granting the right to construct and
operate a cable to MCI Telecommunications Corporation.
(0 90-36)
Staff recommendation: Adopt.
3. Ordinance: Emergency Vehicle and Pedestrian Duties
Consider adopting an ordinance amending Title 12, Chapter 44,
Section 220 of the Salt Lake City Code, relating to approaching
emergency vehicle--vehicle and pedestrian duties.
(0 90-38)
Staff recommendation: Adopt.
(4.) Resolution: Interlocal Agreement / Building Purchase
\� Consider adopting a resolution authorizing the execution of an
Interlocal Cooperation Agreement between Salt. Lake City and Salt
Lake County to purchase the Fellowship Foundation Building at 1380
Richards Street. c�(i ('
n ,I r� 4-� -4 lnSp�'i , ,�i5tl.PQ fi
(C 90-442) V � �'-�
17) SPP-� la C .-Cr 4-- C 01,2 "
Staff recommendation: Adopt. I ,,w1_ I„�
6Vtqcave Care/
5. Resolution: Interlocal Agreement / UDOT
Consider adopting a resolution authorizing the execution of an
Interlocal Cooperation Agreement between Salt Lake City
Corporation and the Utah Department of Transportation to make
improvements to the park and ride lot at 10th North and I-15, and
for the transfer of title and maintenance to the City.
(C 90-440) V 422,
Staff recommendation: Adopt. _en n .1 C <
An
(i u o 0..,--
6. Street Vacation Petition #400-612-88 �1
Set date to hold a hearing on September 4, 1990 at 6:40 p.m. to Q,� �
receive public comment and consider adopting an ordinance vacating �,
Gordon Place between Main and State Streets, pursuant to Petition\\:_ k\f\( , � ""
.400-612-88, subject to certain conditions ` ,
Gi;s-Y/
NCLUI
\ --V*-9 Staff recommendation: Set date.
7. Ordinance: East Downtown Master Plan
Set date to hold a hearing on September 18, 1990 at 6: 20 p.m. to
receive public comment and consider adopting an ordinance adopting
the East Downtown Master Plan.
(T 90-25)
Staff recommendation: Set date.
8. Board Appointment
The Council will consider approving the Appointment of Elliott
Christensen to the Public Utilities Advisory Committee.
(I 90-1)
Staff recommendation: Approve.
E. NEW BUSINESS:
F. UNFINISHED BUSINESS
1. Alley Vacation Petition # 400-764 / David Thomas
Consider adopting an updated ordinance vacating a portion of an
East-West alley between K and L Streets, and lath and 12th Avenues
pursuant to Petition #400-764-89. oc \;
(P 90-85)
c ' AP uskr
Staff recommendation: Adopt. �Q
2. Western Fiberglass I.R.B.
Consider adopting a motion to set the date to hold a hearing on
September 4, 1990 at 6:00 p.m. to receive public comment
concerning $2,000, 000 in Industrial Development Revenue Bonds for
capital expansion of Western Fiberglass within the Salt Lake City
limits.
(Q 90-6)
Stiff recommendation: Adopt motion.
3. Motion: Community Development Block Grant Program Amendments
Consider adopting a motion approving amendments to the Community *L.
Development Block Grant Program. f`1)
(T 90-24) �\
`1 �`Staff recommendation: Adopt. � n}• 0(
4-4YrZ
G. PUBLIC HEARINGS:
6:20 p.m.
1. Ordinance: Street Closure Petition #400-823-90 / Warner Ford
Receive public comment and consider adopting an ordinance closing
a portion of Jefferson Street between 700 and 800 South.
(P 90-282)
Staff recommendation: Close hearing and adopt.
H. ADJOURNMENT. — —
** FINAL ACTION MAY BE 'TAKEN AID/OR ORDINANCES ADOPTED
CONCERNING ANY ITEM ON THIS AGENDA.
DATED: August 10, 1990
BY: - - - - - —
CHIEF DEPUT CITY RECORDER
STATE OF UTAH )
COUNTY OF SALT LAKE ) ss.
On the 10th day of August, 1990 I personally delivered a copy of
the foregoing notice to the Mayor and City Council and posted
copies of the same in conspicuous view, at the following times and
locations within the City and County Building, 451 South State
Street, Salt Lake City, Utah:
1. At 5: 00 p.m. in the City Recorder's Office, Room 415; and
2. At 5:00 p. m. in the Newsroom, Room 343.
CHIEF DUTY CITY RECORDER
Subs bed and sworn to before me this 10th day of August, 1990.
)44% ,‘ . .
Notar P residing in the
State of 1Jt
__
r p., j :1 isrmkr, Gi
s:
O ' '•. 151$a Hma 15
� Belt l,eka City Utah 841J2
1 eiYI Common Expires 11
Q August 1, 1
n St of ULt ,
APPROVAL:
(7 q.,,,,,/ i'l, ei,,,,
EXECUT VE DIREC R
PROCEEDINGS ur' THE CITY COUNCIL OF SALT ..AKE CITY UTAH
TUESDAY, AUGUST 7, 1990
The City Council of Salt Lake City, Utah, met as the Committee of
the Whole, Tuesday, August 7, 1990, at 5:00 p.m. in Room 325, City
Council Office, 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.
Councilmember Hardman called Mr. Miller said the Airport
the meeting to order at 5: 10 p.m. Authority would in essence take
over the Tooele Valley Airport.
TOOELE VALLEY AIRPORT/MEMORANDUM He said the agreement would be for
OF UNDERSTANDING a period of 25 years, with a
provision to extend for an addi-
Louis Miller, Airport Direc- tional 25 years, and would include
tor, and Russell Pack, Airport a provision for dissolving the
Property Manager, were present to agreement within 5 years, should
provide a briefing to the Council either entity wish to disengage
concerning a proposed memorandum the agreement.
of understanding between Salt Lake
International Airport and Tooele He said that the capital
Valley Airport. The proposal was investment would be minimal at
for the Salt Lake Airport Authori- Tooele Airport, since most of the
ty to manage the -Tooele Valley costs to purchase required new
Airport, and included a provision equipment would be covered with
for the Airport Authority to federal monies. He indicated that
reimburse Tooele County in the the Tooele County Commissioners
amount of $18, 750 to allow the had already signed the agreement.
fixed base operator to assist with
the maintenance and operation of Councilmember Whitehead
the Tooele Valley Airport. confirmed with Mr. Miller that
Salt Lake City would be held
Mr. Miller said this agree- harmless from liability under the
ment was being pursued due to agreement.
airspace congestion around the
Salt Lake Airport, since certain REPORT OF THE EXECUTIVE DIRECTOR
training would take place at the
Tooele airport, freeing airspace Executive Director Cindy
around the Salt Lake airport. He Gust-Jenson formally introduced
further indicated that improve- Bruce Eggleston to the Council.
ments would be made to Tooele She indicated that Mr. Eggleston
airport as a part of the agree- would be the Community Development
ment, such as extending the run- Coordinator, and that he would be
way, which would further reduce meeting with each of them in the
the congestion at the Salt Lake next few weeks to learn more about
airport by making the Tooele their districts and any special
airport available to slightly issues which were currently being
larger aircraft. addressed. She asked that any
land-use projects be requested
90-269
PROCEEDINGS Cyr' THE CITY COUNCIL OF SALT i,AKE CITY, UTAH
TUESDAY, AUGUST 7, 1990
through her until Mr. Eggleston
had been allowed to become accus- She distributed a copy of the
tomed to the new office and his Council ' s upcoming schedule for
duties. the next few months, and asked
them to review it. She noted 1 )
Concerning the night ' s agen- the tax hearing on August 9, 2 )
da, Ms. Gust-Jenson said the the Planning/Council retreat on
Mountain Fuel resolution needed to August 16, and 3) the Roundtable
be pulled and would be resched- meeting on August 16. She re-
uled, since representatives from quested that items to be placed on
Mountain Fuel were not able to the agenda be submitted to her by
attend tonight' s meeting. August 13.
Regarding items D-1 and D-2, Ms. Gust-Jenson said that
the staff recommendations were Emilie Charles in the Mayor' s
omitted from the agenda and should Office had contacted her to re-
read "approve" . She indicated quest any recommendations that the
that the Recorder' s Office would Council might have for the Histor-
be notified of the oversight. ical Landmark Committee, and also
for the Salt Lake Tomorrow Pro-
Concerning item F-1, she said gram.
the general fund transfer from
contingency was to accommodate the The meeting adjourned at
terms of the labor agreements. 5:45 p.m.
She said that item G-2 was
the hearing on the housing policy,
and that the staff recommendation
was for the Council to adopt the
policy in concept. She indicated
that the policy would be going to
the printer soon, and if the
Council had any major concerns
about the policy, it would not be
sent until those concerns were
resolved.
Concerning the hearing for
the oil and fuel royalties, she
said the first ten words on the
agenda were printed in error and
should be disregarded. She also
said the hearing for Western
Fiberglass had been cancelled.
ANNOUNCEMENTS
Ms. Gust-Jenson reminded the
Council about Employee Apprecia-
tion Day, which was scheduled for
Wednesday, August 8 at Raging
Waters, and indicated servers were
still needed if the Council wished
to help serve food.
90-270
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, AUGUST 7, 1990
The City Council of Salt Lake City, Utah, met in Regular Session on
Tuesday, August 7, 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 S. R. Kivett, Deputy Recorder, were present.
Council Chair Hardman presided at the meeting and Councilmember Pace
conducted the meeting.
OPENING CEREMONIES become known as the 13th South
river rock. He said he began
#1. Reverend Phillip Earl putting rocks there in 1971 after
Park of the Church of Scientology, the building was hit by a truck.
gave the invocation. He said he did that for the pro-
tection of the property, since
#2. The Council led the there were gas meters in front of
Pledge of Allegiance. the building. Councilmember Pace
said this seemed to be a matter
#3. Councilmember Godfrey for the Board of Adjustment, as
moved and Councilmember Hardman the City Council could not deal
seconded to approve the minutes of with this kind of an issue at this
the Salt Lake City Council for the point. She asked if he had talked
regular meeting held Tuesday, July with anyone about the problem.
17, 1990, after correction to page Mr. Plesha said he was approached
251 third paragraph second line by an individual and was told that
third word "City" should read he was in violation.
"State" , which motion carried, all Councilmember Pace suggested that
members voted aye. Mr. Plesha talk with Roger Evans
(M 90-1) of the Planning department.
#4. A resolution of appreci- CONSENT AGENDA
ation to Mountain Fuel Supply
Company. This item was pulled. Councilmember Godfrey moved
and Councilmember Horrocks second-
COMMENTS ed to approve the consent agenda,
which motion carried, all members
#1. Ralphiel Plesha, 1048 voted aye.
California Avenue, said he had -
been informed by an individual #1. RE: Approving the
from Planning and Zoning that the appointment of Jeffrey L. Gabardi
rocks which he placed in the park to the Housing Advisory and Ap-
area of his business location at peals Board.
1324 & 1328 South State Street (I 90-6)
were in violation of city ordi-
nance. One of the rocks had
90-271
PROCEEDINGS Cyr THE CITY COUNCIL OF SALT ,_..AKE CITY, UTAH
TUESDAY, AUGUST 7, 1990
#2. RE: Approving the Temple from a "C-1" to a "C-3"
appointment of Rex W. Olsen to the classification, pursuant to Peti-
Housing Advisory and Appeals tion #400-797-90.
Board. (P 90-247)
(I 90-6)
#8. RE: Setting a date to
#3. RE: Adopting Resolution hold a hearing on September 4,
81 of 1990 authorizing the execu- 1990, at 6:30 p.m. to receive
tion of a memorandum of under- public comment and consider adopt-
standing between Salt Lake City ing an ordinance amending Section
and Tooele County relating to the 21.38.O6O.B, by adding a new
Tooele Valley Airport. Subsection 8, dealing with non-
(C 90-421 ) profit tutorial educational facil-
ities, pursuant to Petition 400-
#4. RE: Adopting Resolution 777-90.
82 of 1990 authorizing the execu- (P 90-249)
tion of an interlocal cooperation
agreement between Salt Lake City #9. RE: Setting a date to
Corporation and the United States hold a hearing on September 11,
Department of Agriculture Forest 1990, at 6:20 p.m. to receive
Service to allow cooperative use public comment and consider adopt-
of radio frequencies. ing an ordinance vacating a por-
(C 90-420) tion of an alley between Sherman
and Harrison Streets, between 800
#5. RE: Adopting Resolu- East and 870 East, pursuant to
tion 83 of 1990 authorizing the petition 400-796-90.
approval of an interlocal memoran- (P 90-248)
dum of understanding among Salt
Lake City Corporation, Wasatch #10. RE: Setting a date to
Cache National Forest, Salt Lake hold a non-advertised hearing on
County, the Town of Alta, Salt August 14, 1990, at 6:20 p.m. to
Lake City County Health Department receive public comment and consid-
and the State of Utah concerning er adopting an ordinance closing a
the creation of a committee to portion of Jefferson Street be-
coordinate Wasatch Front Canyon tween 700 and 800 South.
issues and the development of (P 90-282)
proposals.
(C 90-419 ) NEW COUNCIL BUSINESS
#6. RE: Adopting Resolution #1. RE: Adopt an ordinance
84 of 1990 authorizing the execu- granting the right to construct to
tion of an interlocal cooperation MCI Telecommunications Corpora-
agreement between Salt Lake City tion.
Corporation and Salt Lake County
providing for law enforcement ACTION: Without objection
services in Wasatch Canyons. Councilmember Pace referred this
(C 87-448) item to the consent agenda.
(0 90-36)
#7. RE: Setting a date to
hold a hearing on September 4, #2. RE: Set date to hold a
1990, at 6: 20 p.m. to receive hearing on September 4, 1990, at
public comment and consider adopt- 6:50 p.m. to receive public com-
ing an ordinance rezoning the ment and consider adopting an
property located at 917 South West ordinance enacting Section
90-272
PROCEEDINGS Ur THE CITY COUNCIL OF SALT i.AKE CITY, UTAH
TUESDAY, AUGUST 7, 1990
16 . 12. 155 of the Salt Lake City UNFINISHED COUNCIL BUSINESS
Code relating to apron use fees.
#1. RE: Consider adopting a
ACTION: Councilmember Godfrey resolution approving the transfer
moved and Councilmember Horrocks of unencumbered and unexpended
seconded to set the date for appropriation of monies in the
September 4, 1990, at 6:50 p.m. , non-departmental contingency
which motion carried, all members account of the general fund to
voted aye. departments within the general
(0 90-37) fund for the purpose of reflecting
final personnel services amounts.
#3. RE: Consider adopting
an ordinance amending Title 12, ACTION: Councilmember Godfrey
Chapter 44, Section 220 of the moved and Councilmember Hale
Salt Lake City Code, relating to seconded to adopt Resolution 85
approaching emergency vehicle-- of 1990, which motion carried, all
vehicle and pedestrian duties. members voted aye.
(B 90-3)
ACTION: Without objection
Councilmember Pace referred this PUBLIC HEARINGS
item to the consent agenda.
(0 90-38) #1. RE: A Hearing at 6:00
p.m. to receive public comment
#4. RE: Consider approving regarding $2,000,000.00 in Indus-
the appointment of Elliott trial Development Revenue Bonds
Christensen to the Public Utili- for capital expansion of Western
ties Advisory Committee. Fiberglass within the Salt Lake
City limits.
ACTION: Without objection
Councilmember Pace referred this ACTION: The hearing was
item to the Committee of the cancelled by the bond counsel.
Whole. Q 90-6)
(I 90-1 )
#2. RE: A hearing at 6:20
#5. RE: Consider approving p.m. to receive public comment and
the appointment of Colleen consider adopting a resolution
Hardwick to the Urban Forestry endorsing the Salt Lake City
Board. Housing Policy.
ACTION: Without objection ACTION: Councilmember Godfrey
Councilmember Pace referred this moved and Councilmember Whitehead
item to the Committee of the seconded to close the public
Whole. hearing, which motion carried, all
(I 90-15 ) members voted aye.
#6. RE: Consider approving Councilmember Godfrey moved
the appointment of Sue Vogel to and Councilmember Hardman seconded
the Central Business Improvement to support the housing policy in
District. concept subject to the following:
A. That the residential code
ACTION: Without objection development and inspection stan-
Councilmember Pace referred this dardization be elevated to a top
item to the Committee of the priority and B. That the adminis-
Whole. tration provide to the Council
(I 90-12)
90-273
PROCEEDINGS ur THE CITY COUNCIL OF SALT ,.,E1KE CITY, UTAH
TUESDAY, AUGUST 7, 1990
information on the possibility of Policy. In addition, Ms. Harvey
expanding the Grants for Home said that it would take a tremen-
Buyers Program to include a wider dous united effort on everyone' s
spectrum of home buyers; and a part to have this document work.
date certain of October 16, 1990, Ms. Dorman said there was a need
for final consideration and adop- to look at the benefits offered to
tion of the resolution endorsing those families at the bottom of
the housing policy, which motion the income level; those below
carried, all members voted aye. $18, 000 per year income with a
family of four. Ms. Brown said
DISCUSSION: Laura Landikusic, she was a renter in Salt Lake City
Building and Housing Department, and a landlord on her home in
said that development of the plan Idaho and was aware of the prob-
began with a housing conference lems on both sides. Mr.
held January 25, 1989 . Borgenicht said the policy was
Councilmember Godfrey acted as co- something that was very much
chairman and Councilmember Hardman needed and was not to be placed on
was a member of the steering a shelf and forgotten.
committee. From the conference
came the draft of the housing Rainer Huck, 1680 E Atkin
policy, and a number of other Avenue, said he had owned and
programs. These were reviewed by operated rental units since 1971 .
the Housing Advisory and Appeals He said the policy contained good
Board, the Community Development and valuable points but failed to
Advisory Committee, the RUDAT be clear on one point - where the
Housing Committee, and the Housing revenue funds would come from. He
Subcommittee of SLAAC. The sec- said costs had risen, taxes were
tion of the policy before the higher, water and sewage fees were
Council was the policy statement higher, and vacancy rates higher.
which identified five areas for He also said no one was making
policy emphasis: 1 ) maintaining money renting to low income fami-
the city population 2 ) providing lies, and most landlords could
housing as shelter 3 ) revitalizing hardly make their mortgages. He
neighborhoods 4 ) economic develop- said housing had to be made eco-
ment and 5 ) coordinating all nomically feasible so landlords
housing efforts. could afford to upgrade their
rental units. He said that some
Ms. Landikusic said the renters were abusive, rent was
implementation of the housing plan sometimes not collectable, and
would be the responsibility of courts were ineffective except in
Lance Blackwood, Housing Program evictions. He said the policy
Manager. She also said the hous- applied to licensing, inspections,
ing condition survey had been etc. , and he asked where the money
started. People would go door to was going to come from to operate
door to conduct these surveys and the program. He said there were a
the next area surveyed would be number of houses boarded and
the South Central Salt Lake area. closed because of the problems
She also said a firm had been encountered, and the income from
selected to update the zoning the rentals did not compensate for
ordinance. the cost incurred in repairs and
maintenance. He said because of
Susan Harvey, Willis Dorman, these closed properties the prop-
Lois Brown and Roger Borgenicht erty values in Central City had
all spoke in favor of the Housing dropped tremendously.
90-274
PROCEEDINGS (.Jr' THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, AUGUST 7, 1990
Councilmember Godfrey said them. The proposed amount of
there were a number of Federal and money available for upgrading
State programs available to land- units, as listed in the policy,
lords which could be used to help was not realistic with the current
upgrade their rentals at low cost cost of renovation.
to the themselves and their ten-
ants. He cited the Section 8 In response to Councilmember
program and the rental rehabilita- Horrock' s question, Councilmember
tion program. Godfrey said this had come up in
past discussions and the Apartment
Councilmember Whitehead said Association would be contacted
the whole problem was what to do shortly for their input.
about the deadbeat. He said there
were a lot of people who did Edward Lunt, 2720 Spring
damage and this was not addressed Creek Road in Salt Lake County,
in the policy. He said there were complemented the mayor in address-
always some people who didn' t ing the housing needs, and comple-
care, and the city couldn' t put a mented Laura Landikusic for her
limit on rent because of free work in the development of the
enterprise. policy. He said he had recently
left the Housing Advisory and
Councilmember Pace asked Appeals Board after serving for 10
Bruce Plank, attorney for Utah years, four years as chairman. He
Legal Services to come forward and said he was representing the Utah
make a statement about the status Apartment Association and speaking
of the Landlord/Tenant Ordinance. as owner/manager of over 3,000
apartment units of which 3/4 of
Mr. Plank, said the Housing these were rented to low income
Policy is great, and shows that families and 500 units were locat-
the city is taking leadership in ed in Salt Lake City.
this area. The ordinance has gone
thru a number of revisions, and is He said he was in support of
now in the ninth draft. He said the policy and said it was not
that the committed is waiting for dropping the inspection of the
the approval of the housing policy apartments but adding the inspec-
and can then move ahead on the tion of condominiums and boarding
ordinance. houses to the existing ordinance.
He said he fully endorsed the
Councilmember Horrocks asked licensing and inspection, and
Mr. Plank if the Apartment Associ- asked why the ordinance stopped at
ation and the Real Estate Board 4 units. He suggested inspecting
had been contacted and if they and licensing any rental unit. He
were supporting him in his ef- said the inspection system could
forts. identify minor problems which
could be corrected before they
Mr. Plank said no formal became major problems.
presentation had been made to the
Apartment Association or the Real Carl Inoye said he was one of
Estate Board. The ordinance was the speakers at the housing con-
still in the draft stage and these ference in January and he said he
organizations would be contacted was pleased with the housing
later. He also said these pro- policy. He also said he was
grams would work only if the city currently serving on the Homeless
committed financial resources to women' s Shelter Project and he
90-275
PROCEEDINGS Or THE CITY COUNCIL OF SALT LtiKE CITY, UTAH
TUESDAY, AUGUST 7, 1990
urged the Council to not forget sides of the tenant/landlord
the very low income rental group, issue. He said he felt it was
which would probably never become vital for the city to retain
home owners. middle-income people.
(T 90-18) .
Karen Silver, an employee of
the Salt Lake Community Action #3. RE: A hearing at 6:30
Program, said her organization p.m. to receive public comment and
felt the Housing Plan Ordinance consider adopting an ordinance
does not appear to adequately amending Section 16. 12. 190 of the
address the housing located on the Salt Lake City Code relating to
west side of Salt Lake City. She fuel and oil royalties.
said the west side was a gateway
corridor to and from the airport ACTION: Councilmember Godfrey
and the new golf course, and the moved and Councilmember Horrocks
housing in this area needed reha- seconded to close the public
bilitation to keep a good first hearing, which motion carried, all
impression of the city. She said members voted aye.
her organization felt the land-
lord/tenant ordinance should Councilmember Godfrey moved
receive a priority 1 instead of a and Councilmember Horrocks second-
priority 2. ed to adopt Ordinance 68 of 1990,
which motion carried, all members
Karen Lickstum a member of present voted aye.
the Housing Advisory and Appeals
Board, said she supported the DISCUSSION: Louis Miller,
policy but said the city couldn' t Airport Director said fuel royal-
expect to have a vibrant down town ties were for general aviation and
commercial core without a vibrant noncommercial operators to pay
and stable population base. their share of the cost in landing
their airplanes at Salt Lake
Councilmember Godfrey ex- International Airport, or at
plained that the reason for ap- Airport II . The fee was currently
proving the Housing Plan in con- three cents per gallon and had not
cept only was because of the issue changed since July 1982. He said
of middle income housing. He said $119, 000.00 was collected in 1989
the Housing Policy needed to from the fuel royalty. He said
address all levels of housing, not there was also a charge of five
just low income or high income. cents per quart of oil. He said
He thanked the many individuals the recommendation was to elimi-
involved in creating this docu- nate the charge on oil and in-
ment. He said the effort shown crease the fuel royalty to four
was an indication that the people cents per gallon effective immedi-
of Salt Lake City were very con- ately and raise it to five cents
cerned about the city, and the per gallon effective July 1, 1991 .
higher income people seemed to He said these increases had been
recognize the needs of the lower approved by the Airport Authority
income families. Board and the General Aviation
Subcommittee, and the fees had
Councilmember Whitehead said been discussed with the general
he felt the policy was a very good aviation tenants at the airport.
one but the Council wanted to look (0 90-28) .
at the financing issue. He said
the Council must be fair to both
90-276
PROCEEDINGS Or THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, AUGUST 7, 1990
The meeting adjourned at 7:37
p.m.
COUNCIL CHAIR
CITY RECORDER
90-277
PROCEEDINGS 6, THE CITY COUNCIL OF SALT i.,-.KE CITY, UTAH
THURSDAY, AUGUST 9, 1990
The City Council of Salt Lake City, Utah, met in Regular Session on
Thursday, August 9, 1990, at 5:00 p.m. in the City Council Chambers, Room
315, City and 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 and Lynda Domino, Chief Deputy City Recorder,
were present.
Roger Cutler, City Attorney, and Kathryn Marshall, City Recorder,
were absent.
Council Chair Hardman presided at and conducted the meeting.
PUBLIC HEARING Alec Gaul, 734 Windsor
Kelly Sullivan, 1593 S. West
#1. RE: A public hearing at Temple
5: 00 p.m. to receive comments and Lola Jordan, 535 South 200 East
consider adopting an ordinance Ann Sutton, 2807 St . Mary ' s Way
approving, ratifying, and finaliz- Colleen Minson, 1379 VanBuren
ing Salt Lake City Corporation's Avenue
budget and the rate of tax levy
adopted by the City Council on These citizens complimented
June 12, 1990. the library system and the staff
members. They said the libraries
ACTION: Councilmember Godfrey were a great resource for informa-
moved and Councilmember Pace tion.
seconded to close the public
hearing, which motion carried, all The following people opposed
members voted aye except continued tax increases, especial-
Councilmember Horrocks who was ly continued property tax increas-
absent for the vote. es:
Councilmember Godfrey moved Hyrum Smith, owner of property at
and Councilmember Whitehead sec- 2979 Lincoln Circle
onded to adopt Ordinance 69 of F.E. Monte Draper, 2892 S. 15th E.
1990, which motion carried, all Bart Grant, 1247 W. Wasatch Avenue
members voted aye except Dorothy Smith, 633 S. 1400 W.
Councilmember Hardman who voted Cornelia Long, 3124 S. 8950 W.
nay and Councilmember Horrocks who Bert Livesey, 1287 W. 400 So.
was absent for the vote. Howard Engster, 1247 W. 700 So.
Lester Chipman, 1312 Westminster
DISCUSSION: The following Avenue -
people supported the public li- Kenneth Lillie, 1460 W. 800 So.
brary and the tax increase to fund Albert Funk, 1265 E. 100 So.
the library: Kay McBride, 1700 So. 172 E.
Lenora Berendt, 121 S. Douglas These people expressed con-
Ranae Pierce, 191 Canyon Rd. cern that continued property tax
Sheila McDonald, 1538 Bryan Avenue increases made it difficult to own
90-278
PROCEEDINGS (Jr' THE CITY COUNCIL OF SALT LAKE CITY, UTAH
THURSDAY, AUGUST 9, 1990
and maintain property. They said because of the property tax in-
many people were unable to contin- crease. She said she couldn't
ue to own their property because afford to pay higher rent.
of taxes . Many expressed concern
because property taxes were a Mr. Chipman suggested that
recurring tax which didn' t tax the city could save money by using
people based on their ability to volunteers. He said neighborhood
pay, like income tax. Many people groups could be organized in order
suggested that government was too to keep their neighborhoods clean.
big and needed to cut back on He suggested they could keep weeds
spending and eliminate waste. down on vacant lots, put salt on
icy roads, and clean garbage out
Hyrum Smith said it seemed to of the gutters. He said if this
take little effort to approve a was a community effort supported
property tax increase and the by the Council then city workers
public could not vote against it. would not have to provide these
Dorothy Smith expressed her con- services.
cern as a senior citizen for the
continued increase in property Councilmember Pace said about
taxes. She suggested that senior 200 volunteers recently helped
citizens needed to have their clean up Memory Grove. She said
property taxes lowered. the volunteers enjoyed doing this
and it was a great success.
Bert Livesey said Utah was at
the bottom of the economic scale Councilmember Godfrey said
and needed to live within the people had suggested less spending
income of the taxpayers. Lester but at the beginning of the budget
Chipman suggested penalizing year other people wanted the city
absentee landlords. by charging to increase the number of police
higher taxes . He said many land- officers and keep the annual trash
lords did not maintain their pickup. He said the Council went
property and the property owners through a very difficult process
who did, were penalized by paying and they had cut the budget.
higher taxes. He also suggested
taxing senior citizens relative to Councilmember Whitehead said
their income. the Council spent two months
reviewing and cutting the budget.
Kenneth Lillie suggested that He said the tax increase was not
there should be a decreasing mill large in order to hire more police
levy according to the age of a officers. He said the Council was
home. He also said a city in very concerned about taxes but
Colorado let senior citizens work needed to provide the basic neces-
in the summer to pay their proper- sary services. He said it would
ty taxes and he suggested that the take major legislation to change
Council consider this. the tax structure. He said the
city provided many services for a
Albert Funk suggested that relatively low cost. He sympa-
all recurring taxes should be thized with senior citizens and
eliminated since they continued to said there were senior citizen
tax money which had already been abatement programs.
taxed. Kay McBride said she was a
single mother of two children and Councilmember Hale said he
even though she rented her home, and the Council were aware that
the landlord would raise her rent their decisions affected people.
90-279
PROCEEDINGS Ur' THE CITY COUNCIL OF SALT LIKE CITY, UTAH
THURSDAY, AUGUST 9, 1990
He said the Council struggled with
the budget and the problem of
crime in the city. He said there
were many people who wanted addi-
tional police officers and said
the Council tried to make deci-
sions based on what was best for
the most people. He said the
property tax increase was lower
than it could have been because
the Council used excess money to
minimize the increase. He said he
wanted to pursue alternative
sources of revenue rather than
continue to use property taxes.
Councilmember Hardman said
the budget decision was difficult
and he wanted to be consistent
with his vote on June 12, so he
said he would vote against the
ordinance. However, he pointed
out that he supported the library
and complimented the library
staff. He said there were too
many other elements of the budget
which he could not support.
(0 90-27)
The meeting adjourned at 6:45
p.m.
COUNCIL CHAIR
CITY RECORDER
90-280
TO
A JOINT RESOLUTION
OF
THE CITY COUNCIL AND MAYOR
OF
SALT LAKE CITY, UTAH
WHEREAS, the orderly documentation of geographic information within Salt
Lake City is vitally important to its citizens and to the City"s
Public Works Department; and
WHEREAS, the engineering Division of the Public Works Department has been
involved in creating a computer-based Geographic Information
System to capture, store, edit, manipulate and display
geographically referenced information; and
WHEREAS, Mountain Fuel Supply Company has developed a statewide computer-
based mapping system and has agreed to make available to Salt Lake
City a copy of this mapping system; and
WHEREAS, the Mountain Fuel mapping system is of great value to the City in
creating its Geographic Information System because it minimizes
redundancy in production of mapping information and reduces
considerably initial investment costs by the City.
NOW, THEREFORE BE IT RESOLVED BY the Council and Mayor that we do hereby thank
Mountain Fuel Supply Company for its civic commitment and for its generosity
in making this valuable computer-based mapping system available to Salt Lake
City.
Dated this 14th day of August, 1990.
Palmer A. DePaulis, Mayor Alan G. Hardman, Council Chair
Ronald J. Whitehead L. Wayne Horrocks
Nancy K. Pace Tom Godfrey
Roselyn N. Kirk Don C. Hale
'UN
yry
r :
S?.^. T A G T.�XI TORPORATIO1
DEPARTMENT OF PUBLIC WORKS
JOSEPH R. ANDERSON 324 SOUTH STATE STREET PALMER DEPAULIS
PUBLIC WORKS DIRECTOR SALT LAKE CITY, UTAH 84111 MAYOR
535-7775
TO: SALT LAKE CITY COUNCIL DATE: JUNE 1, 1990
REFERENCE:
For the past few years the Engineering Division of the Public
Works Department has been involved in a cooperative effort with
other City departments in scoping and planning the implementation
of a City wide Geographic Information System (GIS) program. GIS
is a computer based system to capture, store , edit , manipulate,
and display geographically referenced information. A major part
of this system is a computerized base map of the City.
Mountain Fuel Supply Company, in order to enhance management of
their facilities , has developed a state wide computer based
mapping system. They have agreed to provide us with a copy of
their base map for the Salt Lake City area . This map is of great
value to the City in getting our GIS program off the ground by
minimizing redundancy in production of mapping information and
considerably reducing the initial financial requirements.
RECOMMENDATION:
Considering the value of this computerized mapping information,
the City Council should recognize this major contribution by
formally expressing appreciation to Mountain Fuel Company and
recognizing their contribution.
AVAILABILITY OF FUNDS:
N/A
DISCUSSION:
An agreement has been signed by the City and Mountain fuel
Company for the transfer of the computerized mapping information.
CONTACT PERSON
JERRY LYON, DEPUTY CITY ENGINEER
SUBMITTED BY : JOSEPH R. ANDERSON, PUBLIC WORKS DIRECTOR /P--0\
A JOINT RESOLUTION
OF THE
CITY COUNCIL AND MAYOR
OF
SALT LAKE CITY, UTAH
WHEREAS, Bernice Cook has made significant and important contributions to
Salt Lake City, its boards and neighborhood organizations over the
years; and
WHEREAS, Bernice's insightful, witty and informative questions and comments
during public meetings have always improved the quality and worth
of those meetings; and
WHEREAS, Bernice has faithfully attended City Council and Community Council
meetings and has become an important source of information from
which her neighbors and all citizens of the City have greatly
benefited; and
WHEREAS, Bernice served admirably for several years as the Chair of the
People's Freeway Community Council and was one of the founders of
that Council;
WHEREAS, she has been a tremendous asset to City during her current term as
a member of the Community Development Advisory Committee; and
WHEREAS, Bernice's leadership and service has improved the quality of life
in Salt Lake City.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL AND 11.kYOR that we hereby
recognize the extraordinary service Mrs. Bernice Cook has rendered to Salt
Lake City and its citizens.
Dated this 14th day of August, 1990.
Alan G. Hardman, Council Chair
Ronald J. Whitehead L. Wayne Horrocks
Nancy K. Pace Tom Godfrey
Roselyn N. Kirk Don C. Hale
LEROY W. HOOTON, JR.
DIRECTOR �yy mm``�� nny�� y� ���ppp ,���T7
WENDELL E. EVENSEN, P.E. A I ` `�U TINT/,I:i11 1p�I� I'�i\
SUPERINTENDENT ,�. � 1 llll VVVV�JJJJII��IJllll1��`` W���\1L��A11133 a4�
WATER SUPPLY 8 WATERWORKS
E. TIM DOXEY DEPARTMENT OF PUBLIC UTILITIES
SUPERINTENDENT Water Supply & Waterworks PALMER DEPAULIS
WATER RECLAMATION
Water Reclamation MAYOR
JAMES M. LEWIS, C.P.A.
CHIEF FINANCE& 1530 SOUTH WEST TEMPLE
ACCOUNTING OFFICER
SALT LAKE CITY, UTAH 84115
GEORGE JORGENSEN, P.E.
CHIEF ENGINEER
TO: Salt Lake City Council DATE: August 1, 1990
RE: Modification of certain provisions of the Interlocal
Agreement among the Metropolitan Water District of Salt Lake
City Corporation and Sandy City Corporation for the
Expansion of the Parley' s Water Treatment Plant, dated
February 7, 1990
Recommendation:
That the Council approve the agreement and forward to the Mayor
for execution on behalf of the City.
Availability of Funds: Not applicable
Discussion: The purpose of this agreement is to facilitate the
intent of the Parties with respect to the subject matter of the
Agreement, and to modify paragraphs 4(c) and ( f) of the
Agreement.
The changes clarify responsibilities of Salt Lake City, Sandy
City and the Metropolitan Water District of Salt Lake City for
construction, payments and reviews of the Parley' s Water
Treatment Plant project.
Submitted by:
,) p
LEROY W. OOTON, JR.
Director
Department of Public Utilities
LWH: ETD:kg
enclosures
LEROY W. HOOTON, JR.
DIRECTOR
WENDELL E. EVENSEN, P.E. +
SUPERINTENDENT
VENS �Y-
WATER SUPPLY 8 WATERWORKS
E. TIM DOXEY DEPARTMENT OF PUBLIC UTILITIES
SUPERINTENDENT Water Supply & Waterworks PALMER DEPAULIS
WATER RECLAMATION
Water Reclamation MAYOR
JAMES M. LEWIS, C.P.A.
CHIEF FINANCE& 1530 SOUTH WEST TEMPLE
ACCOUNTING OFFICER
SALT LAKE CITY, UTAH 84115
GEORGE JORGENSEN, P.E.
CHIEF ENGINEER
August 1, 1990
Mayor Palmer DePaulis
Mayor of Salt Lake City
City/County Building
Room 306
Salt Lake City, Utah 84111
Re: Interlocal Agreement among the Metropolitan Water District
of Salt Lake City Corporation and Sandy City Corporation for
the expansion of the Parley' s Water Treatment Plant, dated
February 7, 1990
Honorable Mayor DePaulis:
Please find enclosed the original for the above referenced
agreement, for your signature. Upon signing this agreement
please return it to the Public Utilities Department for further
processing.
The Public Utilities Department recommends approval of this
action.
Sincerely,
faL ice"
E•OY I HOOTON, JR.
Director
LWH:kg
enclosure
cc: file
METROPOLITAN
WATER
DISTRICT OF
SALT LAKE CITY
First Interstate Plaza
170 South Main. Suite 650
alt Lake City. Utah 84101
(801)364-5578
%aNWArF:� July 30 , 1990
0 %
a
S4t��A %
Board of Directors
Charles W.Wilson,Chairman
R.Gordon Bader The Honorable Mayor Palmer A. DePaulis
Mayor Palmer A. DePaulis
Frederick A.Moreton,Jr. Salt Lake City Corporation
C.Ross Anderson 451 South 200 East
Calvin E.Thorpe Salt Lake City, UT 84111
Rodney NI. Mills
The Honorable Mayor Lawrence P . Smith
Sandy City Corporation
440 East 8680 South
Sandy, UT 84070
Re: Modification of certain provisions of
The Interlocal Agreement Among the
Metropolitan Water District of Salt Lake
City, Salt Lake City Corporation and
Sandy City Corporation for the Expansion
of the Parley' s Water Treatment Plant,
dated February 7 , 1990
Honorable Mayors DePaulis and Smith:
Pursuant to discussions among representatives of
the Metropolitan Water District ( "MWD" ) , Sandy City
( "Sandy" ) and Salt Lake City (collectively, the
"Parties" ) regarding the above-referenced agreement
(the "Agreement" ) , the purpose of this letter is to
facilitate the intent of the Parties with respect to
the subject matter of the Agreement, and to modify
paragraphs 4 ( c) and ( f) of the Agreement as follows :
1 . As sums become due for payment to the
engineer and the contractor pursuant to contracts
under paragraph 3 of the Agreement, Salt Lake City
shall present a purchase order or payment request
and all supporting documentation to Sandy for review
and written verification by Sandy' s director of
Public Works or his designee . Sandy' s review shall
be limited to a review of the engineer' s
apportionment of costs between seismic improvements
Nick P.serakis. and improvements related to providing additional
General Manager treatment and conveyance capacity in the Parley' s
W. Reed.Jensen.
Controller
Mayor Palmer DePaulis
Mayor Lawrence P . Smith
July 30, 1990
Page 2
Water Treatment Plant. Sandy may verify in writing
or object in writing to the apportionment of costs
within five days after Sandy receives said purchase
order or payment request and supporting
documentation. In the event that Sandy does not
submit its written objection to Salt Lake City
within five days , Sandy will be deemed to have
verified the apportionment of costs . In the event
that Sandy objects to the apportionment of costs,
Sandy and Salt Lake City will pursue whatever legal
remedies are available to resolve the dispute;
provided, however, Sandy will not have the right to
delay payments to the engineer and the contractor by
Salt Lake City or reimbursement to Salt Lake City by
MWD. Salt Lake City shall pay the engineer and the
contractor directly, and shall submit verified
receipts evidencing payment to MWD for
reimbursement. Receipts for such payments shall be
submitted consistent with the procedure described in
the Bid Specifications for the Parley' s Water
Treatment Plant Expansion Project ( the "Project" ) .
Reimbursements shall be made by withdrawals from the
Restricted Account referred to in paragraph 4 ( a) of
the Agreement. Upon receipt of said receipts, MWD
will promptly submit written requisitions to Zions
First National Bank ( "Zions" ) , as trustee
administering the Restricted Account, for
disbursements from said Account to reimburse Salt
Lake City for amounts described therein. Said
requisitions shall be in the form attached hereto as
Exhibit "A" . MWD is hereby authorized to rely
solely on the receipts, and Sandy and Salt Lake City
will hold MWD harmless from any claims resulting
from reimbursement to Salt Lake City. Zions is
hereby authorized to rely solely on the disbursement
instructions of MWD and shall not be required to
evaluate or verify any related supporting
documentation .
2 . The obligations of Salt Lake City under the
Agreement shall include those set forth in Exhibit
"B" attached hereto and incorporated herein by this
reference, and the obligations of MWD under the
Mayor Palmer DePaulis
Mayor Lawrence P . Smith
July 30, 1990
Page 3
Agreement shall include those set forth in paragraph
H of said Exhibit "B" .
Sincerely,
METROPOLITAN WATER DISTRICT
OF SALT LAKE CITY
Charles W. Wilson, Chairman
ACCEPTED AND AGREED TO:
SALT LAKE CITY CORPORATION SANDY CITY CORPORATION
By: By:
Mayor Mayor
EXHIBIT "A"
FORM OF REQUISITION
RE : Disbursements from Restricted Account under the Interlocal
Agreement Among the Metropolitan Water District of Salt Lake
City, Salt Lake City Corporation and Sandy City Corporation
for the Expansion of the Parley' s Water Treatment Plant.
TO: Zions First National Bank
Corporate Trust Department
One South Main Street
Salt Lake City, Utah 84111
You are hereby authorized to disburse from the above-
referenced Restricted Account the following:
REQUISITION NUMBER: Amount:
PURPOSE FOR WHICH EXPENSE HAS BEEN INCURRED:
Pursuant to the above-referenced Agreement, Salt Lake City has
submitted to the District verified receipts indicating that each
obligation, item of cost or expense mentioned herein has been
incurred, is a proper charge against the Restricted Account and
has not been the basis for a previous withdrawal . This
disbursement will be used to reimburse Salt Lake City for
payments made by Salt Lake City to the engineer and the
contractor pursuant to contracts under paragraph 3 of the above-
referenced Agreement.
DATED: By:
Authorized Officer
EXHIBIT "B"
For the purposes of this Exhibit "B" , the term "Project"
means the Parley' s Water Treatment Plant Expansion Project,
excluding engineering and construction costs or activities
related to seismic upgrades .
A. Construction Contracts . Salt Lake City represents in
good faith that, based upon an examination of property,
construction and equipment costs and the anticipated
configuration of the Project, the Project can be completed for a
total price within the amount of funds to be available therefor
in the Restricted Account and the income anticipated to be
derived from the investment thereof .
B . Project Documents . Salt Lake City' s Department of
Public Utilities shall have and keep on file copies of all
documents related to the Project (the "Project Documents" )
throughout the Agreement term. Neither the Project Documents nor
any change nor amendment thereto shall cause the Project to be
used for any private purpose nor for any purpose prohibited
hereby nor by the Constitution and laws of the State of Utah.
C. Defaults Under Construction Contracts . In the event of
any material default by the contractor or engineer, or in the
event of a material breach of warranty with respect to any
materials, workmanship or performance in connection with the
Project, Salt Lake City shall promptly proceed, either separately
or in conjunction with others , to pursue diligently its remedies
against such contractor or engineer and/or against each surety of
any bond securing their performance. Any amounts recovered by
way of damages, refunds , adjustments or otherwise in connection
with the foregoing as they pertain to the Project, remaining
after deduction of expenses incurred in such recovery ( including,
without limitation, attorneys ' fees and costs) , and after
reimbursement to Salt Lake City of any amounts theretofore paid
by Salt Lake City and not previously reimbursed to Salt Lake City
for correcting or remedying the default or breach of warranty
which gave rise to the proceedings against the contractor or
engineer shall be paid into the Restricted Account if received
before completion of the Project or, if received thereafter,
shall be deposited as otherwise provided in paragraph H hereof
with respect to excess moneys in the Restricted Account.
D . Contractor' s Performance and Payment Bonds . The
contractor shall be required to furnish a performance bond and a
labor and material payment bond, copies of which shall be
provided to Sandy, MWD and Zions First National Bank ( the
"Trustee" ) . Salt Lake City' s agreement with the contractor shall
require that such bonds be made payable to Salt Lake City and the
Trustee and shall be executed by a corporate surety licensed to
transact business in the State of Utah and acceptable to the
Trustee and shall be in the full amount of the contract price for
such contractor' s contract. If, at any time during construction
of the Project, the surety on such bond shall be disqualified
from doing business within the State of Utah, an alternate surety
acceptable to the Trustee shall be selected.
E . Contractor' s Insurance. The contractor and engineer
shall be required to procure and maintain such comprehensive
general public liability and property damage insurance, builder' s
risk completed value insurance and worker' s compensation
insurance as Salt Lake City shall deem necessary.
F. Proceeds of Certain Insurance Policies and Performance
Bonds . The net proceeds ( after deduction of expenses incurred by
Salt Lake City in connection with the collection of such
proceeds, including, without limitation, attorneys ' fees and
costs ) of any performance or payment bond or builder' s risk
completed value insurance policy required hereunder with respect
to the Project, and any net proceeds received as a consequence of
default as provided hereunder with respect to the Project, shall
be paid into the Restricted Account if received before the
completion of the Project or, if received thereafter, shall be
deposited as otherwise provided in paragraph H hereof with
respect to excess moneys in the Restricted Account.
G. Completion of Construction. Upon completion of the
Project, the Director of Public Utilities of Salt Lake City shall
deliver a certificate to MWD, Sandy and the Trustee stating that,
to the best of his knowledge, based upon representations of the
contractor and the engineer for the Project and except for any
amounts estimated by the authorized officer of Salt Lake City to
be necessary for payment of any cost of the Project not then due
and payable, the Project has been completed and accepted by Salt
Lake City, and all costs of the Project have been paid.
Notwithstanding the foregoing, such certificate shall state that
it is given without prejudice to any rights against third parties
which exist at the date of such certificate or which may
subsequently come into being.
H. Application of Restricted Account Subsequent to
Completion of the Project. MWD, Salt Lake City and Sandy agree
that any payment to be made from the Restricted Account to Sandy
after payment in full for all engineering services and costs of
the Project pursuant to the terms and conditions of Paragraph
2
4 ( f) of the Agreement shall be effected by MWD' s causing the
Trustee to make such payment to Sandy by depositing the same into
the Construction Fund created by the Water Revenue Refunding Bond
Resolution adopted by Sandy' s City Council on December 17 , 1985 ,
as amended and supplemented including a Second Supplemental and
Amendatory Water Revenue Bond Resolution adopted by Sandy' s City
Council on June 19, 1990. Any monies remaining in the Restricted
Account on or after August 1 , 1992 shall not be invested at a
yield higher than the yield on the $12 , 000, 000 Utah Municipal
Finance Cooperative (MFA) Local Government Revenue Bonds ( Pooled
Capital Improvement Financing Program) Series July 11 , 1990 --
Sandy City, Utah (Water Revenue Obligation) (the "Bonds" ) unless
Sandy shall have received the opinion of nationally recognized
municipal bond counsel acceptable to the Trustee that investment
at a higher yield after said date will not adversely affect the
exclusion of interest on the Bonds from the gross income of the
recipients thereof for federal income tax purposes .
3
RESOLUTION NO. OF 1990
AUTHORIZING THE EXECUTION OF AN
INTERLOCAL COOPERATION AGREEMENT BETWEEN
SALT LAKE CITY CORPORATION,
METROPOLITAN WATER DISTRICT OF SALT LAKE CITY,
AND SANDY CITY CORPORATION
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 form and substance of the
attached agreement as follows:
Amendment of Agreement between the parties dated
February 7, 1990, to clarify the intent of the
parties in handling payments.
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,
subject to any minor changes which do not materially affect the
rights and obligations of the City thereunder.
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 i' °
•
LINDA HAMILTON SA 1tPIC Cier wwi a j 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
July 22, 1990
TO: SALT LAKE CITY COUNCIL
RE: APPROVAL OF CITY ORDINANCE GRANTING TO MCI THE RIGHT TO CONSTRUCT AND
OPERATE A TRANSCONTINENTAL FIBER OPTICS CABLE IN SOUTH TEMPLE AND 100
SOUTH STREETS.
RECOMh1ENDATICN: Inasmuch a MCI Telecommunications Corporation has complied or
will comply with any and all conditions imposed by members of the ONE-51UP
evaluation team, and whereas said ordinance/franchise agreement has been
prepared by the City Attorney's Office and Property Management, I therefore
recommend that the City Council enact the subject ordinance, thereby granting
the franchise to MCI.
AVAILABILITY OF FUNDS: Not Applicable.
DISCUSSICN: MCI has petitioned (Pet. 500-149) for this franchise in order to
continue the construction and operation of its transcontinental fiber optics
cable. Those City departments affected by the subject ordinance have
recommended approval with the following conditions: 1) MCI or its contractor
must obtain all necessary permits and bonds; 2) Contractor must submit a
barricade plan which complies with the Salt Lake City Barricade Manual, and 3)
Trenching and backfill must comply with City standards.
MCI has agreed to comply with the above conditions, and Engineering will
enforce such compliance at the time that working drawings and specifications
are submitted for required permits.
LEGISLATIVE DOCUMENT: Attached for the Council's review and approval are four
(4) originals and seventeen (17) copies of the referenced Ordinance/Franchise
Agreement, which will grant to MCI the right to construct, operate and
maintain fiber optic cables in SOUTH TEMPLE STREET, between 500 and 1000 West,
and 100 SOUTH STREET, between 450 and 500 West.
f--r,
COUNCIL AGENDA REQUEST (MCI)
Page 2
REVENUE: The annual franchise fee, payable to Salt Lake City Corporation, is
TWO THOUSAND SEVEN HUNDRED NINETY-TWO AND 82/00--------DOLLARS ($ 2,792.82) ,
which is based on 33% of the fair market value of the land with a 12% annual
rental return.
CONTACT PERSON: If you have any questions or concerns with regard to this
ordinance, please direct them to Garth Coles, Real Property Agent, at 535-
7133.
Submitted by:
Jaeleu...2
G. L. Failner
Chief Procurement Officer
C4LF/DGC/gc
ATTACHMENTS
COUNCIL.A.R.MCI
-,.
ti4
•
JULY 10, 1990
CERTIICATE OF VERIFICATION
I hereby verify that MCI
Telecommunications Corporation
has not provided local exchange
telephone service in Salt Lake
City during the previous year.
MCI TELECOMMUNICATIONS
CORPORATION
Susan C. Frary
Vice President
Attest:
C411.j1L4)
L�-'nn Darrow Carson
A'sistant Secretary
SALT LAKE CITY ORDINANCE
No. of 1990
(Granting Right to Construct to
MCI Telecommunications Corporation)
AN ORDINANCE GRANTING TO MCI TELECOMMUNICATIONS CORPORATION,
A DELAWARE CORPORATION AUTHORIZED TO AND DOING BUSINESS IN THE
STATE OF UTAH, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND
PRIVILEGE TO CONSTRUCT, ERECT, OPERATE, AND MAINTAIN OVER AND
UNDER THE FOLLOWING-DESCRIBED CITY STREETS, ALLEYS AND PUBLIC
WAYS, WIRES, CABLES, AND UNDERGROUND CONDUITS, IN CONNECTION WITH
ITS TELECOMMUNICATION BUSINESS .
Be it ordained by the City Council of Salt Lake City, Utah :
SECTION 1 . Definitions . For purposes of this ordinance the
following terms, phrases, words , abbreviations and their
derivations shall have the same meaning given herein. When not
inconsistent with the context, words used in the present tense
include the future; words in the plural number include singular
number; and words in the singular number include the plural . The
word "shall" is always mandatory and not merely directory.
A. "City" shall mean Salt Lake City Corporation, a
municipal corporation of the State of Utah.
B . "Mayor" shall mean the existing or succeeding chief
administrative officer of the City, or his designate.
C. "Council" shall mean the present legislative governing
body of the City or any successor.
ts
D. "City Attorney" shall mean the chief legal officer of
the City.
E. "Director of Finance" shall mean the chief financial
officer of the City.
F. "Director of Public Works" shall mean the director of
public works of the City.
G. "Person" shall mean any person, firm, partnership,
association, corporation, company or organization of any kind.
H. "Applicant" shall mean any person submitting an
application to the City for a franchise to operate a
telecommunications line across the street to another building as
part of Applicant' s business within the city using city streets
or other city property for the installation and operation of its
facilities under the conditions set forth hereunder.
I . "Grantee" shall mean the person to whom or to which a
franchise as hereinbefore and hereafter defined is granted under
this ordinance or anyone who succeeds the person in accordance
with the provisions of this franchise.
J. "Gross receipts" shall mean all revenue derived
directly or indirectly by Grantee, its affiliates, subsidiaries,
and any person in which Grantee has a financial interest from or
in connection with the operation of telecommunication lines
systems within the City, with no deductions whatsoever.
K. "Street" shall mean the surface of and the space above
and below any public street, road, highway, freeway, lane, path,
public way, or place, alley, court, boulevard, parkway, drive or
-2-
other easement now or hereafter held by the City for the purpose
of public travel and shall include other easements or rights of
way as shall be now held or hereafter held by the City which
shall, within their proper use and meaning, entitle the City and
Grantee to the use thereof for the purposes of installing or
transmitting said system transmissions over poles, wires, cables,
conductors, ducts, conduits, vaults, manholes, amplifiers,
appliances, attachments, and other property as may be ordinarily
necessary and pertinent to such system.
L. "Subscriber" shall mean a purchaser of any
telecommunication service delivered over the Grantee' s facilities
to an individual dwelling unit or business within the City
limits .
SECTION 2. Grant of Franchise Authority. City hereby
creates the right, privilege, and franchise for MCI
Telecommunications Corporation, hereinafter Grantee, to
construct, operate, and maintain a telephone and/or
telecommunications system in the streets of Salt Lake City,
described in Exhibits "A" and "B" attached, subject to the
conditions and restrictions as hereinafter provided. The term of
the franchise shall be fifteen ( 15 ) years from the date hereof.
SECTION 3 . Franchise Payments. A. Grantee herein shall
pay annually to the City for the use of the streets and other
facilities of the City in the operation of its system in the
City, and for the municipal supervision thereof during the life
of this franchise the greater of either:
-3-
1 . The sum of TWO THOUSAND SEVEN HUNDRED NINETY-TWO
AND 82/100THS DOLLARS ( $2, 792.82 ) with the initial payment
due and tendered concurrent herewith. Thereafter, said
payment shall be due on or before the anniversary date
hereof during the term hereof. On each successive
anniversary date, hereinafter "Due Date" , the annual
franchise payment shall be increased by the same percentage
increase, if any, in the Consumer Price Index herein
specified for the preceding twelve month period ending the
last day of December. The Consumer Price Index unit for
this purpose shall be the U. S. City Average Geographic
Index for the components including "all urban consumers"
based on "all items" as published for said month by the
Bureau of Labor Statistics of the federal government. If
publication of said Consumer Price Index should cease, such
annual percentage increase shall be determined by reference
to such similar index as shall replace it, or as agreed upon
by the parties .
2. To the extent Grantee competes with Mountain Bell
Telephone Company by providing intraexchange service within
the Salt Lake City local calling area (as defined by
Mountain Bell ' s tariff on file with the Utah Public
Utilities Commission) or otherwise derives local exchange
service revenues, as defined in Section 20-3-14(b) of Salt
Lake City Ordinances, (or any successor section thereto) ,
from furnishing services from within Salt Lake City, Grantee
-4-
shall pay City a sum of six percent ( 6%) for the annual
gross receipts per annum of Grantee from all revenue
received by providing such intraexchange or basic local
exchange service. In the event that such services are not
provided or do not exceed the sum set forth in subparagraph
1 hereof annually, Grantee shall pay the sum set forth
therein annually, which amount approximates the fair rental
value of the property. Grantee shall annually provide the
City a certificate evidencing whether its revenue from the
preceding year exceeded the approximate fair rental value of
the property, as specified above.
B. Such annual payments shall be made to Salt Lake City
Corporation and sent to City ' s Property Manager at City and
County Building, Third Floor, Salt Lake City, Utah 84111, unless
notified of change of address in writing by the City. All
payments shall be made annually on or before said Due Date. A
delinquency penalty charge of ten percent ( 10%) of the annual
payment shall be assessed on any payment not received by the City
by the Due Date. Failure to make the annual payment and penalty
charges within thirty ( 30) days of whichever Due Date is
applicable above shall constitute breach of the terms of this
Agreement and constitute just cause for termination hereof prior
to the expiration of the current term, and such unpaid amount
shall bear interest until paid at the rate of an additional ten
percent ( 10% ) per annum until paid.
-5-
C. In the event the franchise should be terminated or
forfeited prior to the end of the basic ten ( 10) year term,
Grantee shall immediately submit to the City a financial
statement prepared as before required, showing the gross receipts
of Grantee for the time elapsed since the last period for which
Grantee has paid to the City the required percentage of gross
annual receipts, and Grantee shall pay to the City not later than
thirty (30) days following the termination of the franchise, a
like percentage of such gross receipts and/or any other sums
legally due and owing to the City.
D. Grantee shall submit to City, annually at the same time
as its franchise payments are remitted, a certificate signed by a
corporate officer of Grantee verifying that Grantee has not
provided local exchange telephone service in Salt Lake City
during the previous year. If Grantee has provided local exchange
service the certificate shall so indicate. Said certificate
shall have attached thereto an auditor' s statement showing said
gross receipts from such local exchange service. In such event,
the City shall have the right, but is not required, to inspect
the Grantee ' s records showing the gross receipts from which its
franchise payments may be computed and shall have the right of
audit and recomputation of any and all amounts paid under the
franchise. Failure to make such a report of local exchange
service shall be grounds for termination of this franchise. No
acceptance of any payment by the City shall be construed as a
release of or an accord or satisfaction of any claim the City
-6-
might have for further or additional sums payable under the terms
of this ordinance or for any other performance or obligation of
Grantee hereunder.
SECTION 4. Insurance. A. Within thirty (30 ) days after
the granting of this franchise and at all times during the term
of this franchise, Grantee shall obtain, pay all premiums for,
and file with the City Director of Finance executed duplicate
copies and receipts evidencing the payment of premiums for the
following:
1 . A general comprehensive public liability insurance
policy indemnifying, defending, and saving harmless Grantee,
its officers, boards, commissions, agents, or employees,
with the City as an additional named insured, from any and
all claims by any person whatsoever on account of injury to
or death of a person or persons occasioned by the operations
of the Grantee under franchise herein granted or alleged to
have been so caused or occurred with a minimum liability of
$250, 000 per personal injury or death of any one person and
$500, 000 for personal injury or death of any two or more
persons in any one occurrence and $100, 000 for property
damage in any one occurrence, or $1, 000, 000 aggregate.
B. The Grantee shall furnish concurrent with the issuance
of this franchise a certificate of insurance verifying said
coverage. Such insurance as provided for in this section shall
be kept in full force and effect by Grantee during the existence
of and until after the removal of all poles, wires, cables,
-7-
underground conduits, manholes, and other conductors and fixtures
incident to the maintenance and operation of the system as
defined in the franchise. The Grantee will furnish appropriate
certificates to City certifying such coverage.
C. All of the foregoing insurance contracts shall be in
form satisfactory to the City Attorney and shall be issued and
maintained by companies authorized to do business in the State of
Utah and acceptable to the City' s Director of Finance and they
shall require thirty (30 ) days ' written notice of any
cancellation to both the City and Grantee herein.
SECTION 5. Guarantee Bond. A. Grantee shall within ten
( 10 ) days after the franchise becomes operative, execute to the
City with good and sufficient securities, a guarantee bond to. be
approved by the City Attorney in the sum of $10, 995.00, or tender
a cash bond in said amount, conditioned upon the faithful
performance and discharge of the obligations imposed by this
Ordinance from the date thereof and remain in force and effect
during the life of this franchise. Specifically, said guarantee
bond or cash bond shall provide sufficient funds for the removal
or relocation of the Grantee' s facilities in the event of
Grantee' s noncompliance with Sections B.E. , 13 or 15 of this
ordinance.
B. The Grantee shall pay all premiums chargeable for the
bond and shall keep the same in force and effect at all times
throughout the term of the franchise and until the removal of all
poles, wires, cables, underground conduits, manholes, and other
-8-
conductors and fixtures incident to the maintenance and operation
of the system.
C. The amount of the bond shall be subject to review and
adjustment by the City.
D. The bond shall contain a provision that it shall not be
terminated or otherwise allowed to expire prior to thirty (30)
days without prior written notice to the City.
E. The bond shall be in a form satisfactory to the City
Attorney, and a duplicate copy of it, along with written evidence
of payment of the required premiums, shall be filed with the
City' s Director of Finance during the term of the franchise.
SECTION 6 . Indemnity. Grantee shall at its sole cost and
expense fully indemnify, defend, and save harmless the City, its
officers, agents, and employees against any and all claims,
suits, actions, liability, and judgments for damage, including
City' s attorney' s fees, arising out of the Grantee' s acts,
omissions or the operation of the Grantee' s business under this
franchise. These damages or penalties shall include but shall
not be limited to damages arising out of installation, operation
or maintenance of the system authorized herein, whether or not
any act or omission complained of is authorized, allowed, or
prohibited by the franchise.
SECTION 7. Books and Records of Grantee. A. Grantee shall
file with the City' s Directors of Public Works and Public .
Utilities a copy, true and accurate, of maps and/or plats of all
existing and proposed installations upon the streets. These maps
-9-
�.� and plats shall conform to the requirements of the City' s
Directors of Public Works and Public Utilities and shall be kept
continuously up-to-date.
B. All books and records of Grantee concerning its
operation in connection with or related to its said
telecommunication line shall be made available for inspection and
audit by City' s Director of Finance or his designate within ten
( 10 ) days after any request for such inspection or audit shall be
made.
C. Copies of all rules, regulations, terms, and conditions
established by Grantee for its operation under this franchise
shall be filed with the City Attorney.
SECTION 8 . Conditions of Street Occupancy. A. All
transmissions and distribution structures, lines, and equipment
erected by Grantee within the city shall be so located as to
cause minimum interference with the proper use of streets, and to
cause minimum interference with the rights and reasonable
convenience of property owners who join any of said streets . The
system shall be constructed and operated in compliance with all
City, state and national construction and electrical codes and
shall be kept current with new codes as required.
B. Except when absolutely necessary to service a
subscriber and not simply because it shall be more convenient,
economical, or profitable for Grantee to so operate, and then
only when expressly permitted in writing by the City' s Director
of Public Works, under such conditions as he shall prescribe for
-10-
the public welfare, Grantee shall not erect, authorize, or permit
others to erect any poles or facilities within the streets of the
City for the conduct of its system but shall use the existing
poles and other equipment of the appropriate electrical power and
telephone and other utility companies under such terms and
agreements as the Grantee negotiates with these companies. The
City shall cooperate with Grantee in negotiating and obtaining
permission to use such facilities.
C. No poles, cables, equipment, or wires for construction,
maintenance and operation of the system shall be installed or the
installation thereof commenced on any existing pole within the
city until the proposed location, specifications and manner of
installation of such cables, equipment, and wires shall have been
set forth upon a plot or map showing the existing poles, streets,
alleys, or highways within the city where such installations are
proposed and submitted in writing by Grantee to City' s Director
of Public Works and approved or disapproved with reasons within a
reasonable time by that department in writing. Such approval
shall not be unreasonably withheld.
D. Should the Grantee be required in the conduct of its
business to locate property within the streets of the city other
than property which may be attached to utility poles, then in
that event, before Grantee shall install or shall permit any
other parson to install for Grantee any of such property in the
street, the nature of such property shall be disclosed to the
City' s Director of Public Works for his approval as to the need
-11-
thereof and as to the location within the street and only
installed under such conditions as he and the Director of Public
Utilities shall prescribe concerning such location or
installation.
E. Whenever the City or State shall require the relocation
or reinstallation of any property of the Grantee in any of the
streets of the city, it shall be the obligation of Grantee upon
notice of such requirement to immediately remove and relocate or
reinstall such property as may be reasonably necessary to meet the
requirements of the City or State. Such relocation, removal or
reinstallation by Grantee shall be at the sole cost of Grantee.
F. Whenever in any place within the city, all the electric
and telephone utilities shall be located underground, it shall be
the obligation of the Grantee to locate or to cause its property
to be located underground within such places, however it is the
policy of the City to have the maximum amount, if not all, cable
possible underground and the City may direct Grantee to install
cables underground when either electric or telephone lines exist
underground . If the electric utilities or telephone utilities
shall be located underground in any place within the city after
Grantee shall have previously installed its property,
nevertheless, Grantee shall at the same time or immediately
thereafter remove and relocate its property also underground in
such places. In areas of the city where utilities are
underground, Grantee may locate certain equipment above ground
upon a showing of necessity to and approval by the City' s
-12-
Director of Public Works. Facilities of the Grantee placed
underground at the property owner' s request in an area where
electric utilities or telephone utilities are aerial shall be
installed with the additional expense paid by the property owner.
G. Grantee shall have the authority to trim trees
overhanging the streets of the city so as to prevent the branches
of such trees from coming in contact with the Grantee' s wires and
cable. All such trimming on City property shall be done under
the direction of the City and at the expense of Grantee.
H. In case of disturbance of any street caused by Grantee,
the Grantee shall at its own cost and expense and in a manner
approved by the City' s Director of public works replace and
restore such street in as good a condition as before the work
involving such disturbance was done. Prior to commencing work in
the public way, Grantee will make application for a permit to
work in the public way from the office of the City Engineer.
Grantee will abide by all regulations and requirements of the
City Engineer for such works.
I. Grantee shall maintain, repair, and keep in good
condition, to the satisfaction of City Engineer, for a period of
one year following such disturbance, all portions of a sidewalk
or street disturbed by it or its agents.
J. Grantee shall on the request of any person holding a
building moving permit issued by the City temporarily raise or
lower its wires to permit the moving of such building. The
expense of such temporary removal or raising or lowering of the
-13-
wires shall be paid by the person requesting the same and Grantee
shall have the authority to require such payment in advance.
Grantee shall be given not less than forty eight ( 48) hours '
advance notice to arrange for such temporary wire changes. In
the event of a disagreement between Grantee and a holder of a
permit, such disagreement will be resolved by the City' s Director
of Public Works .
K. If at any time in case of fire, flood, earthquake or
other emergency in the city it shall become necessary in the
judgment of the Mayor or the Chief of the Fire Department to cut
or move any of the wire cables, appliances or other fixtures of
Grantee, this may be done and the repairs thereby rendered
necessary shall be made by Grantee, at its own cost and expense
and without charge against the City.
L. Grantee ' s work, while in progress, shall be properly
protected at all times with suitable barricades, flags, lights,
flares, or other devices as are reasonably required by City
regulation or ordinance or state law to protect all members of
the public having occasion to use the portion of the streets
involved, or adjacent property.
SECTION 9 . Initial System Installation. Within thirty ( 30 )
days after the acceptance of the franchise, the Grantee shall
proceed with due diligence to obtain all necessary permits and
authorizations which are required in the conduct of its business,
including but not limited to any utility joint use agreements,
and any other permits and authorizations to be granted by duly
-14-
constituted regulatory agencies having jurisdiction over the
operation of the system.
SECTION 10. Type and Capacity of Equipment to Be Installed.
Grantee shall specify in its proposal the type and capacity of
the equipment to be installed and Grantee shall advise the City' s
Director of Public Works of any changes in this section of its
proposal. No changes in the type and capacity of equipment to be
installed shall be allowed unless such change is at least equal
to or better than that proposed by Grantee in its application.
SECTION 11 . Operation Standards. The system shall be
installed and maintained in accordance with the highest accepted
standards of the industry to the end that the subscriber may
receive the highest and most desirable form of service.
SECTION 12 . Supervision by the City. A. Grantee shall
construct, operate and maintain the system subject to direction
from all of the authorities of the City who have jurisdiction in
such matters and in strict compliance with all laws, ordinances,
and departmental rules and regulations.
B. The system and all parts thereof shall be subject to
the right of periodic inspection by the City.
SECTION 13 . Grantee' s Duty to Remove Its Properties from
the Public Streets . A. Following Grantee' s commencement of
service through and over its system, Grantee shall promptly
remove from the public streets where its properties are located
all or any part of the facilities so located when one or more of
the following enumerated conditions occur:
-15-
1 . Grantee ceases to operate the system for a
continuous period of six ( 6 ) months from the date of said
cessation, except when the cessation of service is a direct
result of a natural or man-made disaster.
2 . Grantee fails to construct said system as
hereinabove and hereinafter provided.
3 . The franchise is terminated or revoked pursuant to
notice as provided herein.
B. Grantee shall be entitled to receive notice in writing
from the City setting forth one or more of the occurrences
hereinabove enumerated or such other occurrence hereinbefore or
hereinafter provided and shall have ninety ( 90) days from the
date upon which said notice is received to remove such properties
as hereinabove required.
SECTION 14 . Operational Reports. Grantee shall furnish the
City' s Director of Public Works with progress reports indicating
in detail the area of construction of the system. Such periodic
reports shall be furnished at three-month intervals, the first
report to be made three (3 ) months after the construction
commencement date.
SECTION 15 . Removal of Facilities Upon Request. Upon
termination of service to any subscriber, Grantee shall promptly
remove all of its facilities and equipment from the premises of
such subscriber upon his written request. Such removal shall be
at no cost to the subscriber.
-16-
SECTION 16. Compliance with State and Federal Laws. The
Grantee shall at all times comply with all laws and ordinances of
the City, the State of Utah, and the federal government or any
administrative agency thereof.
SECTION 17. Filing Communications with Regulatory Agencies.
Copies of all petitions, applications and communications
submitted by Grantee to the Federal Communications Commission,
Securities and Exchange Commission, or any other federal or state
regulatory commission or agency having jurisdiction in respect to
any matter affecting operation, as it specifically applies to the
City, shall also be submitted simultaneously to the City by
filing the same with the City Attorney.
SECTION 18. Restrictions Against Assignment. A. This
franchise shall not be assigned or transferred either in whole
or in part or leased, sublet or mortgaged in any manner, nor
shall title thereto, either legal or equitable, or any right,
interest or property therein pass to or vest in any person either
by the act of Grantee or by operation of law without the prior
written consent of the City, which consent shall not be withheld
unreasonably. The granting, giving, or waiving of any one or
more of such consents shall not render unnecessary any subsequent
consent or consents.
B. The consent or approval of the City to any assignment,
lease, transfer, sublease, or mortgage of the franchise shall not
constitute a waiver or release of the rights of the City in and
to the streets .
-17-
C. Nothing in this section shall be deemed to prohibit a
mortgage or pledge of the system equipment of any part thereof or
a leasing by Grantee from another person of said system equipment
or part thereof for financing purposes or otherwise. Any such
mortgage, pledge, or lease shall be made only with the prior
approval of the City and shall be subject and subordinate to the
rights of the City under this ordinance or applicable law.
SECTION 19 . Revocation of Franchise. A. In addition to
all of the rights and powers reserved or pertaining to City, the
City reserves as an additional and as a separate and distinct
power the right to terminate the franchise and all rights and
privileges ' of Grantee hereunder in any of the following events
or for any of the following reasons:
1 . Grantee shall by act or omission violate any term
or condition of this ordinance and shall within thirty (30 )
days following written demand by the City to effect such
compliance fail to do so.
2. Any provision of this ordinance shall be finally
adjudged by a court of law invalid or unenforceable and the
City Council further finds that such provision constitutes
at that time a consideration material to the continuance of
the franchise herein granted.
3. Grantee becomes insolvent, unable, or unwilling to
pay its debts or is adjudged a bankrupt or all or part of
Grantee ' s facilities should be sold under an instrument to
secure a debt and are not redeemable by Grantee within
thirty ( 30 ) days from said sale.
-18-
4. Grantee attempts to or does practice any fraud or
deceit in its conduct or relations under the franchise with
the City or subscribers or potential subscribers.
B. No revocation shall be effected unless or until the
City Council shall have adopted an ordinance setting forth the
cause and reasons for the revocation and the effective date
thereof. Such ordinance shall not be adopted without thirty (30 )
•days ' notice prior thereof to Grantee and an opportunity for
Grantee to be heard upon the proposed action of said proposed
ordinance. In the event such an ordinance is adopted and said
ordinance depends upon a finding of fact, such finding of fact as
made by the City Council after the hearing provided for shall be
conclusive.
C. The Grantee shall not be declared in fault or be
subject to any sanction under any provision of this ordinance in
any case in which performance of any such provision is prevented
for reasons totally beyond its control.
SECTION 20. Grantee to Have No Recourse. A. Except as
expressly provided in this franchise, Grantee herein shall have
no recourse whatsoever against the City for any loss, cost, or
expenses or damage arising out of the provisions or requirements
of the franchise or because of the enforcement thereof by the
City nor for the failure of the City to have the authority to
grant all or any part of the franchise.
B. Grantee expressly acknowledges that upon accepting a
franchise, it does so relying upon its own investigation and
-19-
understanding of the power and authority of the City to grant the
franchise.
C. Grantee, by acceptance of the franchise, acknowledges
that it has not been induced to enter into the franchise by any
understanding or promise or other statement whether verbal or
written by or on behalf of the City or by any other third person
concerning any term or condition of the franchise not expressed
herein.
D. Grantee further acknowledges by acceptance of the
franchise that it has carefully read the terms and conditions
hereof and is willing to and does accept all of the risks of the
meaning of such terms and conditions and agrees that in the event
of any ambiguity therein or in the event of any other dispute.
over the meaning thereof, the same shall be construed strictly
against the Grantee and in favor of the City.
SECTION 21 . Failure of City to Enforce the Franchise. No
Waiver of the Terms Thereof. Grantee shall not be excused from
complying with any of the terms and conditions of the franchise
by any failure of City upon any one or more occasions to insist
upon or to seek compliance with any such terms or conditions.
SECTION 22. Time is of Essence to this Agreement. Whenever
this franchise shall set forth any time for any act to be
performed by or on behalf of Grantee, such time shall be deemed
of the essence and any failure of the Grantee to perform within
time allotted shall always be sufficient grounds for the City to
revoke the franchise.
-20-
SECTION 23. Grantee Will Not Contest Validity of Franchise.
The Grantee agrees by the acceptance of the franchise that it
will not at any time set up against the City in any claim or
preceding any condition or term of the franchise as unreasonable,
arbitrary, or void or that the City had not power or authority to
make such term or condition, but shall be required to accept the
validity of the terms and conditions of the franchise in their
entirety.
SECTION 24. Rights Reserved to the City. A. Without
limitation upon the rights which the City might otherwise have,
the City does hereby expressly reserve the following rights,
powers and authorities:
1 . To exercise its governmental powers now or
hereafter to the full extent that such powers may be vested
in or granted to the City.
2. To grant additional franchises within the city to
other persons for the conduct of telephone and
telecommunication services under any conditions whatsoever
acceptable to the City, notwithstanding the same might later
be alleged to be more favorable than the rights granted
herein.
3. To exercise any other rights powers, or duties
required or authorized, the City under the Constitution of
the State of Utah, the laws of Utah, or the City ordinances.
SECTION 25. Extension of City Limits. Upon annexation of
any territory to the City, the right and franchise hereby granted
-21-
shall extend to the territory so annexed to the extent City has
authority; and all facilities owned, maintained, or operated by
the Grantee located within, under, or over streets of the
territory so annexed shall thereafter be subject to all terms
hereof.
SECTION 26. 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 Mayor on
Mayor' s Action: Approved. Vetoed.
MAYOR
ATTEST:
CITY RECORDER
-22-
STATE OF UTAH )
. ss.
County of Salt Lake )
On , personally appeared before
me PALMER A. DEPAULIS and KATHRYN MARSHALL, who, being by me
duly sworn, did say that they are the MAYOR and CITY RECORDER,
respectively, of SALT LAKE CITY CORPORATION, a municipal
corporation of the State of Utah, and said persons acknowledged
to me that said corporation executed the same.
NOTARY PUBLIC, residing in
Salt Lake County, Utah
My Commission Expires:
The foregoing franchise, upon its enactment, is
acknowledged and accepted by MCI TELECOMMUNICATIONS CORPORATION,
a Delaware corporation, this 14j day of , 1990.
By
Title: Susan C. Frary, V' a President
ATTEST:
ynn Drrow Carson
ssistant Secretary
—23—
•
STATE OF Texas )
. ss.
County of Dallas )
On the day of July , 1990, personally
appeared before me Susan C. Frary and
H.44- A4cov , who, being by me duly
sworn, did say that they are the . Vice President and
Assistant Secretary MCI TELECOMMUNICATIONS CORPORATION, a
Delaware corporation, and that the foregoing instrument was
signed in behalf of said corporation by authority of a
resolution of its board of directors (or bylaws); and said
persons acknowledged to me that said corporation executed the
same.
NOT PUBLIC,
My Commission Expires:
pS • 2z -92
ELM:rc
•
•
-24-
EXHIBIT "A"
SOUTH TEMPLE STREET
CENTERLINE DESCRIPTION
A centerline description of a 10 foot wide corridor along South Temple Street
and more particularly described as follows:
Beginning at a point on the westerly right-of-way line of 1000th West Street,
said point being S89°58'36"W a distance of 64.00 feet and
SOO°00' 55"E a distance of 98.44 feet from
a monument located at the intersection 1000th West Street and South Temple Street,
thence N74°04'01"E a distance of 93.55 feet to a point,
thence N75°06'01"E a distance of 120.00 feet to a point,
thence N78°22'51"E a distance of 100.00 feet to a point,
thence N82°02'31"E a distance of 146.00 feet to a point,
thence N86°06'31"E a distance of 85.00 feet to a point,
thence N04°29'29"W a distance of 12.00 feet to a point,
thence S89°46'59"E a distance of 323.64 feet to a point,
located NOO°00'55"W 14.60 feet from a monument located at the intersection of
900th West Street and South Temple Street, thence continuing S89°46'59"E a distance
of 191.36 feet to a point,
thence N67°06'31"E a distance of 10.00 feet to a point,
thence S89°50'59"E a distance of 591.43 feet to a point,
located NOO°00'55"W a distance of 15.90 feet from a monument located at the
intersection of 800th West Street and South Temple Street, thence continuing
S89°50'59"E a distance of 792.00 feet to a point located NOO°00'S5"W 13.50 feet
from a monument located at the intersection of 700th West Street and South Temple
Street,
thence continuing S89°50'59"E a distance of 306.57 feet to a point,
thence S83°48'29"E a distance of 100.00 feet to a point,
thence S89°56'29"E a distance of 200.00 feet to a point,
thence N86°16'01"E a distance of 155.00 feet to a point,
thence N69°38'01"E a distance of 33.30 feet to a point,
located N 00°01'Ol"W a distance of 23.06 feet from a monument located at the
intersection of 600th West Street and South Temple Street, thence continuing
N69°38'01"E a distance of 51.70 feet to a point, thence N63°48'31"E a distance
of 49.23 feet to a point on the northerly right-of-way line of South Temple
Street and the termination point of this description, said termination point
being located NOO°01'01"W a distance of 62.69 feet and N89°56'34"E a distance
of 92.65 feet from a monument located at the intersection of 600th West Street
and South Temple Street, total length of line is 3,366.78 feet and contains
33,667.80 square feet or 0.77 acres, more or less.
\ /
—N—
SOUTH TEMPLE STREET /I \
PROPOSED HANDHOLE LOCATIONS PROJECT:, 07017-01
SALT LAKE CITY , UTAH SPAN: aA
WLLdS, NV.
TO
SALT LAX( CITY, UT.
N .- MAP FOOTAGE
.- r SURVEY is
N I I N I I '^ I I RAILROAD LF
1 V MATERIAL LIST QUANTITY'
I I I I I I I C BlC _
o f I I I I I I 4—C'IP
o i Pvc
o m 03 ___ivoi.INDL
— _ I SOUTH TEMPLE ST. I I SOUTH TEMPLE ST. I _ G i svu1 GIP
a Srul PVC
3 erSa'x'r ril /1 - — — NN 7' K S a •• J
AA 00
uN 1' • 1' • 4'
ZZ BUR, CA, IIKRS.
3 00'0013"I 3 aPla.x'•r......./ I .
S e9'se'x'r� ' 3 197e'x'W� U 10. STRAND
9e as 79300' 732Oa T�300 CO' �; _ 1Pom.CA51N0
UST mCE 0/M f T 10 I I o
*TV RAC 0E 1000 WEST I a.O.ETN A/W SOUTH
fOU
1 STKICI ro s au a rIl TML 33r311 -nosar I I
;ads% ' I mI1 -a,.s, 1 I I
-" I I 1 I I I I I
I I 1 I I I
WS
<r 0
E o ar
a t
a
0
u m
I...-4 VI U 4
Z
o
/ o of I 1 o G
u
�/ I vaI I W
s.9'Se 'I
Yq SOUTH TEMPLE ST. I e>_as'x ,
Y-- — — N 031:W0i r — — —
u.ae' DATE
x
CNGINCC-I JIEERIES
' s w>ex'r I I 3 we x•� -r REVISIONS
l =e100 — lYl tN' — 9.R •sza.no• w
I r-I I 1
/ 1 1 I I — —
^•
(N
Ju»cnom PIT #1 2.5' X 5' tt 2.5' - 12.5 SO. IT. ___ 544,[
SOUAR ET I IOOIACI BWCEN BOUNORIC$ AND BCIWTIN fiORIZONIAL:J -10Q7:-
• PIT /1 - 33617.0 50. IT. VCRIICAL:__]_loQ_
T01AE - 33.6.S0.3 SQUARE 7IET UCP1.10. ILOC.I0.041
MP_ TO MP _
SHEET___1___OF I
e., .o.
0
f
7 • VC'.
EXHIBIT "B"
FIRST SOUTH STREET
: - CENTERLINE DESCRIPTION
A centerline description of a 10 foot wide corridor along First
South Street and more particularly described as follows :
Beginning at a point on the northerly right-of-way line of First
South Street, said point being N 00° 01' 38"W a distance of 63 . 12
feet and N- 89° 58 ' 22"E a distance of 75.16 feet from a brass cap
located at the intersection of First South Street and 500th West
Street,
thence S 09° 24 ' 46"E a distance of 65 . 88 feet;
thence N 89° 58 ' 22"E a distance of 132 . 01 feet to the
termination of said 10 feet wide corridor, said point being located
S 00° 01 ' 38"E a distance of 2 .00 feet and N 89° 58 ' 22"E a distance
of 217 . 91 feet from said brass cap located at the intersection of
First South Street and 500th West Street, total length of line is
197 . 89 feet and contains 1978 .90 square feet or 0 .05 acres, more
or less .
\i/
—N---
FlRST SOUTH STREET /I \
PROPOSED 10' WIDE CORRIDOR PROJECT:/ 07017-01
SALT LAKE CITY , UTAH SPAN:
.1ELLS.Nv.
TO
SALT LAxE OJY.UT.
MAP FOOTAGE
N arse E 7�.16' SURVEY LF
e'
RAILROAD LF
1.ATERTAL LIST OUANtrrr
CABLE
PvC
__5039.SNOT
SPLIT CIP
N
1 SP111 Pv4
AIN 4' • S' • 4.
BuR. CA. MxRS.
10M STRAND
441 I S L
Y
74.
N a97e'22- E 217.e1'• . z
'�`� o
FIRST SOUTH ST. N•°'3e32"E 11201' ys 0 136'E 20o a. �
INS.enAss CAP C/I PROPOSED 10' WOE L CORRIDOR u
� N 3
Vo
�— Z o
•(n D w •
DATE
ENGINEER JEITWES
REVISIONS
a.n __ —
vRRRTj ;-lR-
YERTICAL• ''la
UEPT.ID.11«J LOC.ID.011
UP_TOUP
—
SHEET OF
at a
•
•
b3
r A' ' MrOR JJ tI.ONi
ROGER F. CUTLER .+��r mo.r•m. ASSISTANT ATTORNEYS
CITY ATTORNEY RAY L. MONTGOMERY
STEVEN W. ALLRED LAW DEPARTMENT GREG R. HAWKINS
OEPUTY CITY ATTORNEY CITY AND COUNTY BUILDING LARRY V. SPENDLOVE BRUCE R. BAIRDRD
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
MARSHA ATKIN
July 12, 1990
MEMORANDUM
TO: Mayor Palmer A. DePaulis
FROM: Greg R. Hawkins
Assistant City Attorney
RE: Ordinance Pertaining to Approaching Emergency
Vehicle--Vehicle and Pedestrian Duties
Subject and Recommendation: Attached are 17 draft copies and
one final copy of a proposed ordinance which would modify
certain sections of the City Code pertaining to Approaching
Emergency Vehicle--Vehicle and Pedestrian Duties. Request is
made herewith that this ordinance be submitted to the City
Council for its consideration and enactment.
Funding: There is no need of any increase in funds. It is
anticipated there will be no impact on the budget.
Background and Discussion:
1 . State law has been changed regarding the use of lights and
sirens on emergency vehicles. The State used to require
both lights and sirens to be used; it now only requires
either lights or siren to be used. The City has not
changed its ordinance to conform to State law and it is in
the best interests of the City to make the change.
Mayor Palmer A. DePaulis
July 12, 1990
Page -2-
2. We recommend the change to avoid any question as to which
law should apply within city limits. Conforming to State
law will save litigation and prosecution time necessary to
resolve the issue of whether or not the State law or City
ordinance should apply to emergency vehicles.
3 . The alternative is to continue to be out of step with
current State law and cause uncertainty as to which law
applies. Most times officers use only lights to attract
the attention of traffic violators as use of a siren
startles drivers into unsafe acts. Confirmation that
officers need only use lights eliminates possible
challenges to the practical approach used by officers.
4. I am attaching the proposed ordinance which has been
approved as to form.
Contact Person: Greg R. Hawkins, Assistant City Attorney, will
be available to answer questions regarding this ordinance. He
can be reached by telephone at 535-7788.
GRH:rc
•
®RAFT
(^ SALT LAKE CITY ORDINANCE
No. of 1990
(Approaching emergency
vehicle--Vehicle and
pedestrian duties)
AN ORDINANCE AMENDING TITLE 12, CHAPTER 44, SECTION 220 OF
THE SALT LAKE CITY CODE, 1988, AS AMENDED, RELATING TO
APPROACHING EMERGENCY VEHICLE--VEHICLE AND PEDESTRIAN DUTIES.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Title 12, Chapter 44. Section 220 of the
Salt Lake City Code, 1988, as amended, relating to Approaching
emergency vehicle--Vehicle and pedestrian duties, be, and the
same hereby is, amended to read as follows:
12-44-220 Preliminary notice to owner.
Upon the immediate approach of an authorized emergency
vehicle equipped with at least one lighted lamp exhibiting red
light visible under normal atmospheric conditions from a
distance of five hundred feet to the front of such vehicle,
[and] or when the driver thereof is giving a signal audible for
five hundred feet by siren, exhaust whistle or bell:
A. and B. * * *
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
Transmitted to the Mayor on
Mayor's Action: Approved. Vetoed.
MAYOR
ATTEST:
CITY RECORDER
(SEAL)
Bill No. of 1990.
Published: .
GRH:rc
-2-
LEE KING wr�a��' T�Yi matRimolf
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
July 9, 1990
TO: Alan G. Hardman, Chair
Salt Lake City Council
RE: RESOLUTION AUTHORIZINC THE EXECUTION OF AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN SALT LAKE CITY AND SALT LAKE
COUNTY TO PURCHASE THE FELLOWSHIP FOUNDATION BUILDING AT
1380 RICHARDS STREET
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 to purchase the Fellowship Foundation building at 1380
Richards Street, Salt Lake City, Utah.
FUNDING: Salt Lake City will contribute $60, 000 from 16th Year
CDBG funds and Salt Lake County will contribute $25, 000 from
16th Year CDBG funds .
BACKGROUND AND DISCUSSION: Salt Lake City, by purchasing the
Fellowship Foundation building, will be able to solve the land-
use conflict on Richards Street between the single-family
residential uses and the non-profit meeting uses at Fellowship
Hall and accommodate the operational and expansion needs of the
Fellowship Foundation. The City will purchase the Fellowship
Foundation building for $83,000 (plus $2, 000 for appraisal and
closing costs ) . The Fellowship Foundation will then demolish
the building and clear the site. The City will then redevelop
the property to a residential use to benefit low/moderate
income people.
CONTACT PERSON: Bob Gore, 535-7122 .
Sincerely,
P` DQ
Lee Ki
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
to purchase the Fellowship Foundation building at 1380
Richards Street, Salt Lake City, Utah.
2 . Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is
here 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
SALT LAKE COUNTY
Contract Number: NV1610C
INTERLOCAL COOPERATION AGREEMENT
between
SALT LAKE COUNTY AND SALT LAKE CITY
for
FOR CONTRIBUTION TO A COMMUNITY DEVELOPMENT PROJECT -
FELLOWSHIP FOUNDATION
THIS AGREEMENT is entered into and shall be effective as of
July 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) .
RECITALS:
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 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 the that Program;
D. The Parties have mutual interests in assisting in the
construction and other improvements of certain property and
facilities in the City and known as the Fellowship Foundation and
have determined that building acquisition 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 in conjunction with the Fellowship Foundation
have decided that it is desirable to have the Project accomplished
as a cooperative effort between them but that the City should be
the lead agency and responsible for the actual oversight of the
acquisition of the Project as may be provided in an agreement
between the City and the Fellowship Foundation and that the County
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, Sections 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 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 Project agreement between the City and the
Fellowship Foundation, the City shall be responsible for the actual
acquisition of a building for the Fellowship Foundation . The
Fellowship Foundation is located at 1380 Richards Street, Salt Lake
City, Utah. The acquisition has been designated as a City Project
under its CDBG Program and is identified by the name of the
property to be acquired and the assignment of a City project.
(a) Fellowship Foundation - 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 offices
of the City Engineer's Division and which are incorporated herein
by this reference thereto.
2. It is estimated that the total cost of the Project to be
contributed by the Parties and to be paid out of 16th year CDBG
Program Year 'funds is $85,000 . Of that total the County will
contribute $25,000 and the City will contribute $60,000 . As the
lead agency, the City will bill the County for payment of the
County's share of the costs incurred on the Project. The amount
of the billings, however, shall not exceed the amount shown above
as the County's share. The City shall specify in the bill the
Project name, number, total costs incurred and the County's share
of the Project costs . The County agrees to pay the billed amounts
to the City in a timely manner, which amounts are hereby fixed for
this Project for contribution by the County at a ceiling not-to-
exceed $25, 000 unless changed by a written amendment of this
agreement. It is understood that the City has or will enter into
a separate agreement with the Fellowship Foundation regarding the
conduct of the Project and the City's obligation toward the
financing of the Project. Under that agreement, the
responsibilities of the Fellowship Foundation toward the financing
and conduct of the Project will also be set forth and the County's
participation will be limited as provided herein. In addition, the
parties acknowledge that, by this agreement, the County incurs no
responsibility or additional liability for the conduct of the
Project or for the operation, maintenance, construction or repair
of the Project or otherwise.
3 . The County represents that its ability to participate in
and contribute financially to the Project is based upon the
County' s general powers, as provided by law, to provide for or
assist in the care, maintenance and relief of the indigent sick or
dependent poor persons and may 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 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 City will provide for
all necessary professional services, administration, contracting
and supervision and 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
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
Deputy County Attorney
Date:
...1)45)
JOSEPH R. ANDERSON Slagle WI MVO' PALMER DEPAULIS
PUBLIC WORKS DIRECTOR MAYOR
DEPARTMENT OF PUBLIC WORKS
451 SOUTH STATE STREET, SUITE 507
SALT LAKE CITY, UTAH 84111
TELEPHONE 535-7775
TO : SALT LAKE CITY COUNCIL DATE: JULY 17 , 1990
REFERENCE:
An Agreement between Salt Lake City Corporation and The Utah
Department of Transportation , to make improvements at an existing
Park & Ride lot at 10th North and I- 15 .
RECOMMENDATION;
That the Salt Lake City Council adopt a resolution granting
approval for the Mayor to sign an agreement on behalf of Salt
Lake City Corporation .
AVAILABILITY OF FUNDS;
NA
DISCUSSION ;
Under the terms of this agreement the UTAH DEPARTMENT OF
TRANSPORTATION will make improvements at the Park & Ride lot at
no cost to Salt Lake City . Upon completion of the work the City
will inspect UDOT's work and upon the City's approving said work ,
the area will be conveyed to the City . Salt Lake City will then
be responsible for the lot and all maintenance .
SUBMITTED BY: JOSEPH R. ANDERSON, PUBLIC WORKS DIRECTOR ,g'\
J\�
RESOLUTION NO. OF 1990
AUTHORIZING THE APPROVAL OF AN
INTERLOCAL COOPERATION AGREEMENT
BETWEEN SALT LAKE CITY CORPORATION
AND
UTAH DEPARTMENT OF TRANSPORTATION
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 form and substance of the
attached agreement as follows:
An agreement involving certain improvements to a
park and ride lot at 10th North and I-15 in the City
by UDOT, and if said improvements are satisfactory
to the City, the transfer by UDOT of title and
maintenance responsibility thereafter to the City.
2 . Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is
hereby authorized to approve said agreement on behalf of Salt
Lake City Corporation, subject to any minor changes which do not
materially affect the rights and obligations of the City
thereunder.
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 7 -�v- PD.... .
Pec6rci ._
PARK AND RIDE LOT; It Lake County
10th North and I-15
SALT LAKE CITY CORPORATION
ES-15
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, a Park and Ride lot exists at 10th North and I-15
in Salt Lake City, Salt Lake County, Utah which is shown on
UDOT's plans which by this reference are made a part hereof; and
WHEREAS, the parties hereto have met and negotiated terms
and conditions under which said Park and Ride lot will be
improved, owned and maintained.
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 . UDOT will make the following improvements or furnish the
following materials at no cost to the City:
a . Remove the existing fence along a portion of the
south side of the property.
b. Remove the existing poles and posts near the south
west portion of the property.
c. Clean the area of the planned parking lot, repair
any areas needing repair, pave the parking area
with 2" of asphalt, stripe the lot for parking and
place wheel stops along the north and east sides of
the property to protect the existing fences . Also
provide a motorcycle parking area on the north east
corner of the parking lot and place concrete
barrier along the down guy to protect it from being
hit.
ORIGINAL DOCUMENT
•
PROPERTY OF SALT LAKE
CITY RECORDER'S OFFICE
1 451 SO. STATE, RM. 415
SALT LAKE CITY, UTAH 84111
•
PARK AND RIDE LOT; ; .t Lake County
10th North and I-15
SALT LAKE CITY CORPORATION
ES-15
1. (Cont'd)
d. Provide the necessary valves , pipe, sprinkler
heads , timer and other necessary materials to water
the parking strip along the front of the property.
These materials are to be furnished after the
system is designed and a list of material needs is
developed by the City.
e . Furnish a deed for the property to the City. The
deed will restrict the City from selling all or a
part of the property for purposes other than public
use.
2 . Upon completion of the work the City will inspect
UDOT' s work and upon City's approving said work, the area
occupied by the parking lot will be conveyed to the City. The
City will :
a. Be responsible for the lot and carry out the
functions it feels are necessary to provide the
appropriate service to those using the lot.
b. Design the sprinkler system for the planned
landscape of the lot and furnish a list of the -.
materials needed for the sprinkling system to the
UDOT District No . 2 Office.
3 .Upon completion of the above listed items or on October 1 ,
1990 the UDOT will have no further expense for this lot and all
such expense will become the responsibility of the City.
ORIGINAL DOCUMENT
PROPERTY OF SALT LAKE
CITY RECORDER'S OFF!CE
451 SO. STATE, RM. 415
SALT LAKE CITY, UTAH 84111•
2
PARK AND RIDE LOT; £ t Lake County
10th North and I-15
SALT LAKE CITY CORPORATION
ES-15
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,
- - Municipal Corporation of
the State of Utah
KAT!-PM/A,lkAeggugLL PAt MER A. DE PAULIS
Title Title
CrY M`-_�. ir1�ER MAYOR
( IMPRESS SEAL)
********************************** ********************************
ATTEST: UTAH DEPARTMENT OF TRANSPORTATION
By
Secretary Engineer for Preconstruction
RECOMMENDED FOR APPROVAL APPROVED:
Engineering Coordinator Director of Finance
APPROVED AS TO FORM:
R. PAUL VAN DAM, ATTORNEY GENERAL
by:
Title: Assistant Attorney General
FINANCE V
Funds Not No
ORIGINAL Dina" T ford;Avail-able
Cc-,,ram
PROPERTY
OF SALT LAKE Ar+CP.N 'A ��vAl.
CITY RECORDER'S OFF!-E
451 SO, STATE, R APPROVED F5 TO FORM
SALT LAKE BAH 84111 - -
3
MIKE ZUHL S1_s {1/�'A111J; G_ITY CORPORATION,_ LEE KING
INTERIM DIRECTOR h 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 July 30, 1990
Re: Petition No. 400-812-88 submitted for the Church of Jesus Christ of
Latter Day Saints
Recommendation: That the City Council hold a non advertised publish
hearing on September 4, 1990 at 6:40 p.m. to discuss Petition No. 400-612-
88 submitted by the Church of Jesus Christ of Latter Day Saints. The
petitioners are requesting that Gordon Place between Main and State Streets
be vacated.
Availability of Rinds: Not applicable.
Discussion and Background: The properties fronting on Gordon Place were
never part of a subdivision and dedication of the street was never
requested. The City Attorney's Office has determined that since the Gordon
Place right-of-way has the appearance of a street and the City has in the
past provided services i.e. Snow removal and garbage collection, the
petition should go through a formal street closure process with a hearing
before the City Council. The right-of-way has been used by the public as a
street since at least 1889 for pedestrian and vehicular access.
This petition has been reviewed by the Planning Commission and the
Historical Landmark Committee and they have recommended approval with the
stipulation that a right-of-way or easement be provided on the property to
ensure public pedestrian access through the property. This right-of-way
will become part of a walking trail system proposed in the Open Space Plan.
Legislative Action: 'The City Attorney's Office has prepared and approved
the necessary ordinance and it is ready for your action.
ubmitted by:
ICHAEL B. Z
Interim Direc
Community & Economic Development
SALT LAKE CITY ORDINANCE
No. of 1990
(Vacating Gordon Place between
Main and State Streets pursuant
to Petition No. 400-612-88,
subject to certain conditions)
AN ORDINANCE VACATING GORDON PLACE BETWEEN MAIN AND STATE
STREETS PURSUANT TO PETITION NO. 400-612-88, SUBJECT TO CERTAIN
CONDITIONS.
WHEREAS, the City Council of Salt Lake City, Utah, finds
after public hearing that the City' s interest in the public
street and right-of-way described below is not necessary for use
by the public a street and right-of-way and that vacation of said
street and right-of-way will not be adverse to the general
public' s interest.
NOW, THEREFORE, be it ordained by the City Council of Salt
Lake City, Utah:
SECTION 1 . That Gordon Place, between Main and State
Streets, which is the subject of Petition No. 400-612-88, and
which is more particularly described below, be, and the same
hereby is, vacated and declared no longer to be needed or
available for use as a public street or right-of-way, SUBJECT TO
certain conditions.
Said street and right-of-way is more particularly described
as follows:
DESCRIPTION OF 10 FOOT WIDE RIGHT OF WAY
A 10 FOOT WIDE RIGHT-OF-WAY, 5 FEET EACH SIDE
OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT A POINT NORTH 0°02 ' 13" WEST
99.00 FEET FROM THE SOUTH CORNER OF LOT 4,
BLOCK 93, PLAT "A" , SALT LAKE CITY SURVEY AND
RUNNING THENCE NORTH 89°58 ' 50" EAST 298.00
FEET.
GORDON PLACE - RIGHT-OF-WAY DESCRIPTION
BEGINNING AT A POINT SOUTH 90. 75 FEET FROM
THE NORTHEAST CORNER OF LOT 7, BLOCK 93, PLAT 9U p�i'
"A" , SALT LAKE CITY SURVEY, AND RUNNING v' � �
THENCE EAST 36.22 FEET, MORE OR LESS, TO THE
WEST LINE OF STATE STREET; THENCE SOUTH 12.00
FEET; THENCE WEST 168. 22 FEET, MORE OR LESS,
THENCE NORTH 81°16 ' WEST 116 . 85 FEET; THENCE
NORTH 2. 5 FEET; THENCE WEST 114. 5 FEET;
THENCE NORTH 16. 5 FEET; THENCE EAST 114. 5
FEET; THENCE NORTH 1 .0 FEET; THENCE SOUTH
82°14 ' EAST 83. 26 FEET, MORE OR LESS; THENCE
SOUTH 1 . 43 FEET, MORE OR LESS; THENCE SOUTH
76°09 ' EAST 53 . 97 FEET; THENCE EAST 112 FEET,
MORE OR LESS, TO THE POINT OF BEGINNING.
CONTAINS 0. 15 ACRES, MORE OR LESS.
SECTION 2. RESERVATIONS AND DISCLAIMERS. The above
vacation is expressly made SUBJECT TO all existing rights-of-way
and easements of all public utilities of any and every
description now located on and under or over the confines of the
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.
SECTION 3. CONDITION. This ordinance shall not become
effective until the petitioner grants to the City, in a form
acceptable to the City, a perpetual easement for public
pedestrian access through the property.
-2-
SECTION 4. EFFECTIVE DATE. This ordinance shall become
effective on the date of its first publication. The City
Recorder is instructed not to publish this ordinance until the
Mayor certifies that the condition in Section 3 above has been
met. If the condition has not been met within one year from the
date of this ordinance the Mayor may extend the time for
compliance an additional year. If the condition has not been
met within any extension this ordinance shall be null and void
and of no effect.
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
-3-
(SEAL)
BILL NO. OF 1990.
Published: .
BRB:rc
-4-
SALT' .1 MTV- CORPORMON'
ALLEN C. JOHNSON, AICP PLANNING AND ZONING
Al ANNING DIRECTOR COMMISSION MEMBERS
COMMUNITY AND ECONOMIC DEVELOPMENT
WILLIAM T. WRIGHT, AICP 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
SECRETARY ROOM 406, CITY AND COUNTY BUILDING RICHARD J. HOWA
RALPH P. NEILSON
SALT LAKE CITY, UTAH 84111 GEORGE NICOLATUS
July 9, 1990 TELEPHONE 535-7757 JOHN M. SCHUMANN
Mike Zuhl , Interim 1-) rectur
Community dlid Ecenomid.
City and County Building
Salt Lake City, UT U1111
Re: Petition 400- 612 ( !prdon Place
Dear Mike:
Attached please find th adeve 1 petition hy the 'LDS
Church LE:Huestin v 'ate f-:ea_dldn Place between
Main and State
The plopeitie's fronting on c,oidun Place wer- never part o-F-
subdivision and dedication of the street wat hever recluested.
All properties, ey.cept the Uimball :z•:partments , 15C North Main,
were purchased by the LDH Church aid are rmiw in inc ownership.
Prior ) this sale each orcel had owneiTship lh the existing
right - _ :-way.
The City Attorney s uf-Fic,, has doteltmihed that since the Cordon
Place right -of-way has the appedTance of a stroet and the City
has in the past provided 5er7icer• ( le. snow removal and garbage
collection ) the petition should COo through a toial street
closure process with a hearing hofure the City Council . The
right -of-way hds heeh used by the public az a street since at
least 1089 foF pedestrian and vehicnir
The Planning Cumiftission and the Hi rt . ricl Landmark Committee
recommend dpplov_11 of t_his petition with the sttpulation that a
right-of-way of edement PH provided on the bruperty to ensure
public pedestrian acc.szg through the pLoperty. This would allow
the City to cainraii ii interest in the prperty while allowing
the public to IOU tn lliLIII5eI walkwee ,thd allowing the [CS
Church to develop the eh f way WIll luec:on ,, part
of a walking trail propozed in the (CpeP .:;paoe Plan.
Page
Mike Zuni
July 9, 1990
Re: Petition 400-612 -
If yuu have any iFtS. . pjuauiii rA_ Ti nr De.
SinC -Allen' C . Juhnun,
Planning Direct
atta,:hnent.
PC MINUTES
Page 4 September 14, 1989
Mr. Bill Wright pointed out that a formal hearing would be held on this matter
by the Mayor's Hearing Officer.
Ms. Liddle-Gamonal moved to recommend denial of this petition to the Mayor's
Hearing Officer. Mr. Howa seconded the motion; all voted "Aye."
Petition No. 400-612 by the LDS Church requesting SLC to vacate Gordon Place
between Main and State Streets.
Mr. Bil Schwab presented the staff report and stated that Zions Securities
Corporation is requesting Salt Lake City Corporation vacate a prescriptive use
right-of-way on Gordon Place, 150 North State between State and Main Streets,
and relinquish all interest in the property. The street has been used by the
public since at least 1889 for pedestrian and vehicular access. Demolition of
17 structures on Gordon Place occurred in August 1989. The properties
fronting on Gordon Place were never part of a subdivision and, therefore,
dedication of the street was never requested.
All properties, except the Kimball Apartments, 150 North Main Street, were
purchased by the LDS Church and are now in one ownership. Prior to this sale
each parcel had ownership in the right-of-way. The Historical Landmark
Committee reviewed and approved demolition of the houses with a reccmendation
that the City maintain a prescriptive use right-of-way or an easement to
rinsure that future development would include the public interest and allow
public access through the property. The LDS Church has, in concept, agreed to
comply with this request.
The post demolition plan submitted shows a landscaping development plan to be
• implemented in three phases. A public walkway is included along with the
restoration of four houses fronting on North State Street. The LDS Church
would maintain and provide security to the property.
Existing records show that the petitioner is the title holder and owner of the
parcels in question where the right-of-way exists. A closure or vacation
hearing before the City Council is necessary pursuant to Statutory Procedures,
Section 27-12-89, Utah Code Annotated. This requires a recommendation from
the Planning Commission. All Departments concerned with the disposing of
property have been contacted and have expressed no opposition to the street
closure. If necessary, an assessment of the right to prescriptive use could
be made and the value of that appraisal used as part of an exchange for land
or improvements.
Staff recommends the City close the street but maintain either a prescriptive
use right-of-way or an easement on the property. This would allow the City to
maintain an interest in the property while allowing the public to use the
walkway and allowing the LDS Church to develop this site. This access would
• become part of a walking trail system proposed in the open space plan.
Mr. Ken Money, representing Zions Securities, stated that they would prefer a
limited use prescriptive use right-of-way, rather than an easement, be granted
4////7
PC MINUTES
Page 5 September 14, 1989
0
(ito the City. He added that they are also desirous of installing gates at the
entrances for security reasons. These gates would be open for pedestrian
access during the daytime but would be closed and locked at night. Mr. Money
stated that the reasons for the limited use prescriptive right-of-way were for
security reasons as well as to limit the use to pedestrians.
A discussion followed on the difference between a prescriptive use right-of-
way, how the prescriptive use right-of-way had come into existence, the path
of the pedestrian trail, and Mr. Money's request for the limited use clause.
Mr. Howa moved to recommend approval of the street closure, that the City
maintain the prescriptive use right-of-way, and that a limited use contract be
developed for security reasons and limiting the use to pedestrian traffic.
Ms. Liddle--Gamonal seconded the motion; all voted "Aye. "
Petition No. 410-018 by Utah Communications, Inc. , requesting a conditional
use to construct a self-support tower to support two parabolic antennas and
one horn antenna north of Ensign Peak.
Mr. Allen McCandless presented the staff report and stated that this is an
application by Darrell Miller from Utah Communications to the City for a
conditional use to construct a self-supporting tower, not to exceed 70 feet in
height, for a horn antenna and a parabolic antenna. The space for the tower
411 is to be leased to another company by Utah Communications. A fence will be
installed around the new structure. The site is located within the designated
telecommunications corridor north of Ensign Peak.
Relating to the construction of towers within the established
telecommunications site, the City's ordinance states the Board of Adjustment
may - srmit, upon a favorable recommendation from the Planning and Zoning
Commission, a permit to use land within the P-1 district for a
telecommunications facility, provided the Board finds:
1. The facility is located within the telecommunication site as
described,
2. The facilities and access roads are designed and constructed so as to
minimally disturb the natural terrain,
3. The owner of the tower agrees to accommodate the multiple use of the
tower where feasible, and
4. The owner of the tower agrees to pay to the city the fair market
rental value for the use of the site.
Heights: Mr. Miller has indicated that a 110 foot high tower now exists on
the Utah Communications site being the highest tower within the
® telecommunications site. The proposed 70 foot tower will be lower than the
existing tower. The new tower is planned to support two pieces of
communication equipment. Though placed within the approved site, any
substantial piece of new equipment will be visible for miles away in both Salt
Lake and Davis Counties.
SALT LAKE CITY PLANNING AND ZONING COMMISSION
PETITION NO. 400-612 BY ZIONS SECURITIES CORPORATION
TO VACATE PUBLIC ACCESS ON GORDON PLACE
( 150 NORTH BETWEEN STATE AND MAIN STREETS)
OVERVIEW
Zions Securities Corporation is requesting that Salt Lake City
Corporation vacate a prescriptive use right-of-way on Gordon
Place, 150 North State between State and Main Streets , and
relinquish all interest in the property . The street has been
used by the public since at least 1889 for pedestrian and
vehicular access . Demolition of 17 structures on Gordon Place .
occurred in August 1989 . The properties fronting on Gordon Place
were never part of a subdivision and, therefore, dedication of
the street was never requested .
N F ..ny.. ___^ , II_7 M_L.a N
Ant 1111 ,./:._.,7.,.-,T7._,,,t-.
la
la
l r w l•
I e P A R K L `'G. i C!nlrw r"vr 'l D'
• i ,' ' :111----IL'BIZ �. '
s ai "2 1/�. y�, pp .f 7 . Fri ',
� y�— �1y` K T ��e ��titt'i—
, `.
tea.. r... r ... YFr. rf r-1'.
P A R k "G ' C.� L I l.... .i ii
4.
9_1ze _ I
BACKGROUND
All properties , except the Kimball Apartments, 150 North Main
Street, were purchased by the LDS Church and are now in one
ownership. Prior to this sale each parcel had ownership in the
right-of-way. The Historical Landmark Committee reviewed and
approved demolition of the houses with a recommendation that the
City maintain _ prescriptive use right-of-way or an easement to
insure that future development would include the public interest
and allow public,, access through the property . The LDS Church
has , in concept , agreed to comply with this request .
The post demolition plan submitted shows a landscapinc
development plan to be implemented in three phh e- . A pub I i ,_
walkway is included along with the restorati ' i ,f four houses
fronting on North State Street . The LDS Church would maintain
and provide security to the property .
Staff Report, Pet . No. 400-612
Page Two
ANALYSIS
Existing records show that the petitioner is the title holder and
owner cf the parcels in question where the right-of-way exists.
A closure or vacation hearing before the City Council is
necessary pursuant to Statutory Procedures , Section 27-12-89 ,
Utah Code Annotated . This requires a recommendation from the
Planning Commission . All Departments concerned with the
disposing of property have been contacted and have expressed no
opposition to the street closure. If necessary , an assessment of
the right to prescriptive use could be made and the value of that
appraisal used as part of an exchange for land or improvements .
RECOMMENDATION
The staff recommends that the City close the street but maintain
either a prescriptive use right-of-way or an easement on the
property. This would allow the City to maintain an interest in
the property while allowing the public to use the walkway and
allowing the LDS Church to develop this site . This access would
become part of a walking trail system proposed in the open space
plan.
BS/pm
September 7 , 1989
* Field trip leaves t__ .;raptly at 4:00!
AGENDA
PLANNING AND ZONING COMMISSION MEETING
SEPI'EMBER 14, 1989
5:00 p.m.
451 South State Strect, Room 126
1. APPROVAL OF MLN(TI'ES FOR THURSDAY, AUGUST 24, 1988.
2. CCNSENT CALENDAR
a. Historical Landmark Cases from September 6, 1989.
3. PETIT'Ias
* a. Petition No. 500-68 by George P. Garcia dba "Linda's Lounge" requesting
an appeal of Section 6.08.120 for a Class "C" beer license at 28 North
900 West which is within 600 foot of a church and a park.
* b. Petition No. 400-612 by the LDS Church requesting SLC to vacate Gordon
Place between Main and State Streets.
"� Lu t�
uC /
4. COS D1TIcNAL USE PETITIONS /0— j �,A.
* a. Petition No. 410-018 by Utah Communications, Inc. , requesting a
conditional use to construct a self-support tower to support two
parabolic antennas and one horn antenna north of Ensign Peak.
*)( Petition No. 410-012 by Carman and Associates requesting a conditional
use approval at 420 South 500 East for a specialty type automobile
service center in a Commercial "C-1" zoning district.
* c. Petition No. 410-007 by Robert Smith for Salt Lake Clinic requesting a
conditional use to construct a parking lot in a Residential "R-6" zoning
• district located at 935 East 400 South.
5. PLANNING ISSUES
a. Discuss Airport Gateway Redevelopment Plan.
b. Discuss Site Development Ordinance.
6. OTHER BUSINESS
a. Subcommittee Reports.
ALLEN C. JOHNSON MEMBERS:
PLANNING DIRECTOR CITY
T!�An �]T CINDY CROMAR
VERENE SEARS SALT'LAKE CITY CORPORC21, TI®l.'1I LAVONE L THOMAA. ELLISONAL
SECRETARY
EX-OFFICIO MEMBERS: DEPARTMENT OF DEVELOPMENT SERVICES RALPH P. NEILSON
C--FORGE NIC OLATUS
MAYOR OF SALT LAKE CITY Planning and Zoning Commission WILLIAM PRICE
CITY ENGINEER 32'4 SOUTH STATE STREET. ROOM 200 JOHN M. SCHUMANN
CITY TRAFFIC ENGINEER SALT LAKE CITY, UTAH 84111 F. KEITH STEPAN
CITY BUILDING OFFICIAL 535-7757 PETER VANALSTYNE
KATHY WACKER
June 30, 1988
TO: Craig E. Peterson
C
FROM: Bil Schwab
RE: Gordon Place, L.D.S. Church, and Historical Landmark ConUnittec
(HLC) , Cases #745, 757, 758
The Historical Landmark Committee (HLC) heard a request by the L.D.S.
Church on April 6, 1988 requesting demolition of all structures on Gordon
Place (approximately 150 North on North State) . The proposal included 18
structures on Gordon Place and four structures on North State. A conceptual
park plan was submitted as the post-demolition plan. During the first
committee meeting several issues were addressed: the importance of the area's
location to downtown, the desire to develop alternatives to demolition that
could be developed if the L.D.S. Church would participate in a Master Plan
because of its many properties in the surrounding area which are under HLC's
preview. The representatives of the Church were requested to go back and ask
if these issues could be dealt with. The following Friday, representatives
of the Church and City staff met, and it was reported at that meeting that the
Church was not interested in examining any options to demolition, and they did
not want to participate in the Master Plan. As as result, negotiations
ended. A great deal of publicity followed this city project. It was tabled
by the HLC, and not much has changed (see attached minutes) .
In the early 80's the Salt Lake City Planning and Zoning Division did a
block redesign proposal for Gordon Place to qualify residents for CDBG funds
(attached) , but found absentee landlords to be a problem. Investment in the
redevelopment of this street was speculative. As a result, lack of
maintenance and neighborhood pride has left the area looking dilapidated and
blighted. Several social problems arose over time, and the area became
associated with undesirable elements. Along with these, a parking problem
exists where most people park in the front yard.
Craig E. Peterson
June 30, 1988
Page 2
Over time, the conversion of single-family residential homes into
apartments, without the required off-street parking, has complicated and
compounded the parking situation. Also, to the south, the L.D.S. Church
constructed a large computer center, which somewhat created an intrusion into
the neighborhood and created an air of speculation as to the future of Capitol
Hill. This left a stifling effect upon any future investment into Gordon
Place. Several of the houses on State Street were renovated. Because of Lb -
lack of reinvestment into existing housing, the plans and future of Cordon
Place have been tenuous. Deterioration has become a compounded effect.
It was reported in the first meeting that the L.D.S. Church had done
a report on the historical significance of the area for their own use and
said there was no particular historical value to the Church. The HLC has not
seen this report. The committee did not view this as being an accurate
perception of the overall historical significant character of Capitol Hill.
Capitol Hill is one of the gateways to the city and a vista corridor, and its
historical development is important, not only physically but culturally. The
HLC h taken a counter position and feels the demolition is not acceptable.
Wholesale demolition is the most radical solution to the problem, whereas
selective demolition could prove a viable alternative. The committee feels a
plan could be developed that would work. This could become an implementive
technique of the Master Plan which calls for residential land use and housing
in that area. The Zoning is "R-5." The 22 housing units proposed for
demolition are comparable to an average residential city block. This is an
important component to any neighborhood. The HLC perceives the role of the
L.D.S. Church here as a developer, one with which a partnership can be formed
to accomplish an implementation of the Master Plan and together provide a
pleasing environment for Salt Lake City's residents.
The Kimball. Cemetery is by far the most significant site on Cordon Place
and is important to the L.D.S. Church, as well as the III,C. The four homes on
North State Street and the future of North State Street are of prime concern
to the Committee and would be the first priority in any negotiation for
preservation. The treatment of the south side of the houses next to the
computer center is an important element in maintaining a pleasing streetscape
for North Temple. Gordon Place is important as a unique and significant site
due to its location, dense development, and street irregularities in contrast
to our normal downtown wide, straight streets. Mere is no other street with
close proximity to downtown with these unique characteristics. This street
shows an historically irregular development pattern and the division of the
old Kimball property as it developed and water became accessible. The City
does not have ownership in Gordon Place as a street but has an established
legal right of access which will need to be resolved through negotiations with
the City. The present feeling of the Committee is that the right of access
should be kept and worked into any future plans.
Craig_ E. Peterson
June 30, 1988
Page 3
One of the requests of the HLC was to have the L.D.S. Church participate
in a master planning process which would involve most of the properties they
own. For the City to properly provide services and create an adequate
infrastructure, even if a park is constructed, city services such as police
and fire will still have to be considered.
Because of the L.D.S. Church's sole ownership of the property, many more
alternatives for the land and saving Gordon Place can be developed. Some of
the alternative uses which could be accommodated are housing for visiting
dignitaries to the L.D.S. Church who would enjoy a neighborhood setting or
something similar to a bed and breakfast. It could be developed as an
historical PUD, condo or private, with developed restrictive covenants to
regulate problems. It could also become part of an historical urban trail
system, linking Temple Square with the cemetery, Capitol Hill, Memory Grove,
Social Hall Avenue, the City-County Building and the Brigham Young Cemetery.
This trail could tell a story of the history of the City along with other
historical elements.
There has been interest by outside people to buy and restore these homes,
along with volunteers of architectural, financial assistants, and other
concerned residents. The Utah Heritage Foundation has met with the L.D.S.
Church, Henry Eyring, First Counselor in the Presiding Bishopric, and others
from the Church to discuss this matter. They have pledged the Foundation's
financial and professional services to resolve this matter.
There have been many success stories in redevelopment of streets in Salt
Lake City. Some examples of these are Quince Street, Almond, Girard,
Pierpont, Gray, Hillside, South Temple, and other historical projects that
show what sensitivity, time, work, and cooperation can accomplish.
There are some extraneous issues that relate to this project but which do
not deal with Gordon Place directly. Some of the issues which complicate the
situation at this time are concerns from the Capitol Hill Community
Neighborhood Council and adjacent residents. The City is in the process of
updating the Capitol Hill Master Plan, is involved in a rezoning petition, a
redesign of City Creek, North Temple, North State intersection, along with
Second and Third Avenues being changed back to two-way traffic, the potential
for closing off Main Street plus other zoning issues which complicate this
matter. The issue indirectly relate to each other and are hard to separate
from the sole issue of Gordon Place. They all directly relate to the Capitol
Hill area.
The EHTC has tabled the project for further negotiation by the L.D.S.
Church. The L.D.S. Church will notify HLC when they want to be placed on the
next agenda. The L.D.S. Church is presently developing a detailed Landscape
specification plan as requested by the Committee. The Committee would like to
understand the goal of the Church in order to further negotiate the issue and
help in resolving the demolition issue.
SALT LAKE CITY CORPORATION
FINANCE DEPARTMENT
LANCE R. BATEMAN. A Purchasing and Property Management Division PALMER DEPAULIS
DIRECTOR OF FINANt_t 324 SOUTH STATE STREET MAYOR
5TH FLOOR
SALT LAKE CITY, UTAH 84111
PURCHASING (801) 535-7661 PROPERTY 535-7133
June 2, 1988
TO: Bill Schwab
Planning & Zoning
FROM: Eric H. Thorpe 4
Property Manage," ,
RE: PETITION NO. 400-612, LDS CHURCH REQUEST TO VACATE GORDON PLACE
According to the zoning information we have, the property abutting Gordon
Place is zoned both C-1 and R-5. Given current zoning and the fact that
all abutting property has been acquired by one individual entity, City
policy and practice would both dictate that Gordon Place be closed and
sold rather than vacated. However, the issue of whether or not the City
has a deeded or dedicated interest in Gordon Place really should be
resolved before a final recommendation is made by us in this matter.
I recommend that either the LDS Church or the City have the title to
Gordon Place abstracted to make a determination of ownership. If the
City does have an interest in this property, then my recommendation would
stand. If the City does not have an existing interest in this property,
then I will modify my recoitunendation accordingly.
If you have any questions on this, please call me at ext. 6308. Thank
j you.
EHT/jg
cc: G. L. Failner
7/10/e
-
ROGER F. CUTLER SAF ;CITY CORPORATION ASSISTANT ATTORNEYS
CITY ATTORNEY RAY L. MONTGOMERY
CHERYL D. LUKE LAW DEPARTMENT GREG R. HAWKINS
LARRY
CITY PROSECUTOR 32'4 SOUTH STATE. FIFTH FLOOR
STEV N. SPENDLOVE
EN W. ALLRED
SALT LAKE CITY, UTAH 84111 BRUCE R. BAIRD
(801) 535-7788 FRANK M. NAKAMURA
ASSISTANT PROSECUTORS
JOHN N. SPIKES
DONALD L. GEORGE
June 22, 1988 CECELIA M. ESPENOZA
RICHARD G. HAMP
Bill Schwab
Planning & Zoning Division
324 South State Street, Room 200
Salt Lake City, Utah 84111
Rom: Petition No. 400-612 - LDS Church Request
to Vacate Gordon Place
Dear Bill:
Your memo to Roger of May 20, 1988 did not reach me until
after your deadline. Nevertheless, my apologies for not
responding sooner.
The decision you ask for is a policy one instead of legal.
Whether we own it or not, vacating as a public street merely
means the City has no further interest in, and no responsibility
for it. From what you have provided, there is no legal reason
why the City could not vacate the street.
Very truly yours,
RAY L. MONTGOMERY 9
Assistant City Attor{iey
RLM:pp
SALT'LAKE;GITT CORPORATION
TRANSPORTATION ENGINEERING
333 SOUTH 200 EAST, SUITE 201
PALMER DEFAULTS SALT LAKE CITY, UTAH 84111 JOSEPH R. ANDERSON
MAYOR PUBLIC WORKS DIRECTOR
(801) 596-5142
May 26 , 1988
Bill Schwab
Planning and Zoning
324 South State Street
Salt Lake City , Utah 84111
Re : Petition 400- 612 ; Vacate Gordon Place from Main Street to State
Street
Dear Bil :
The Division of Transportation recommends approval of the LDS Church
request to vacate Gordon Place from Main Street to State Street if all
the properties legally needing and using Gordon Place as access to each
property has been purchased by the LD ' Church . All usage and access
rights associated with the private roadway should be purchased by or
relinquished to the LDS Church before vacating the right -of -way .
Sincerely ,
John G. Van Hoff , P . E . , L . S .
Traffic Engineer I
JGVH/sc
cc : Steve Meyer
Barry Walsh
File
SALT LAKE CITY CORPORATION
DEPARTMENT OF PUBLIC WORKS
PALMER DEPAULIS City Engineering Division MAX G. PETERSON, F-E.
MAYOR 444 SOUTH STATE STREET CITY ENGINEER
SALT LAKE CITY, UTAH 84111
535-7871
TO: BILL SCHWAB, PLANNING AND ZONING
FROM: HARRY EWING, ENGINEERING
DATE : JUNE 14 , 1988
SUBJECT: PETITION NO. 400-612
We are returning our review comments on Petition 400-612 from the
LDS Church requesting the City vacate Gordon Place .
Attached is a letter dated February 27 , 1984 , at which time this
department did some research into the ownership of Gordon Place .
This letter should be helpful in sorting through the ownership
question.
This department has no plans for the development of the street ,
therefore , we recommend approval of the petition by vacation and
sale of property.
HE:kg
cc : Vault
SALT LAKE CITY
lea!
PUBLIC WORKS
CITY ENGINEERING
PALMER DEP*U1J3 401 City 8 County Building 84111 TED L wllSON
max soul ammo Tel:(801)535.7872 11.4
,04
February 27, 1984
Palmer DePaulis
Director of Public Works
Room 114- City & County Building
Salt Lake City, Utah 84111
Dear Palmer:
A property research was done on Gordan Place to determine whether the
right-of-way is public or private.
Gordon Place is located at 150 North and runs east/west from 'fain Street
to State Street. It is shown on Block 93 Plat "A" Salt Lake City Survey of
the Salt Lake County Ownership Plat.
Gordon Place is not shown on the official survey of Plat "A" Salt Lake City
Survey dated 1904.
From Main Street running east to the interior of the block , 298 feet more
or less , Gordon Place is a 10 foot private right-of-way as defined on legal
• descriptions provided by the Salt Lake County Assessors Office. When entering
Gordon Place from State Street and running west the right-of-way is 16.5 feet and
continues 362 feet where it abuts the aforementioned private portion.
A clear cut decision cannot be made on ownership of the east half of Gordon
Place because of inconsistencies on ownership plat, plat book and legal descriptions.
However, each and every legal description checked did not include any part of
the Gordon Place right-of-way into private ownership. In other words no one
is being assessed taxes on said property.
Under the assumption that if no one is paying taxes on said property and
it is open for public use, the City Policy is to classify Gordon Place as a
public alley. Without a detailed title search, the Gordon Place right-of-way
is assumed to be public.
Very truly yours,
�G. Peterson
City Engineer
MGP:jkd /
cc: Sydney Fonnesbeck, Jim Paulford, Jerry Blair,//File
&' /l ( (J,4V4,1-'C�
�' `' �7//(J,V •(%CSC% %, - / / /,, , �, • ��C' -_
0 -,/,,edd.7.---7(v/(---', 7//:-, (.±-7, --5-/-2A- ',e7/,_/-e-44----/(:/' */ . ;.'' 7-`7:17//:/:?)7A.,/,'-' 62.147A/4'V/70W(--,
/-- , ;F.-i S4.'/v i%0<11; ,/,�/j' 7,r' //t t''. .-;/x';, )/ / z=- '/7 ( Zs�G�'
„,- — /!'[-(4) ,2 ✓ r7,4,?- _=• /:, (`-" /` ;' / ( - ,'- ,I,, ' ` (5- e =L
-. - Ito 12)-- 7z.' 1 7' "`-- (`- --'-ei l‘' '-: ' ' (' 7'- /7 ,e f 2,(2
t(77) 7Z.-tl: Krj/,'-il/d,/,( /7775 i
/7- .,/,. &ys;_s- 7,_',/// 10(-2,'/X%-/,' .( 7 ./ ,--/(/(/'/-(, (_-((/:"'t :, i"((--////V ''';
f � ,
,/ /', ' irk'- / cjel
LEROY W. HOOTON, JR.
DIRECTOR
WENDELL E. EN, P.E.
SUPERINTENDENTENDENT SALT'LAKE CITY CORPORATION
SUPERINTENDENT
WATER SUPPLY & WATERWORKS
E. TIM DOXEY
SUPERINTENDENT DEPARTMENT OF PUBLIC UTILITIES
WATER RECLAMATION WATER SUPPLY & WATERWORKS PALMER DEPAULIS
JAMES M. LEWIS, C.P.A. WATER RECLAMATION MAYOR
CHIEF FINANCE a ACCOUNTING OFFICER 1530 SOUTH WEST TEMPLE
GEORGE JORGENSEN, P.E. SALT LAKE CITY, UTAH 84115
CHIEF ENGINEER
June 17 , 1988
TO: Bill Schwab /
Planning & Zoning
/FROM: E . T. Doxey
Water Reclamation Superintendent
RE: PETITION NO . 400-612 - LDS CHURCH REQUEST OT VACATE
GORDON PLACE
We appreciate receiving plans for the above noted petition .
Inasmuch as there are water and sewer facilities that exist
on Gordon Place , it will he necessary for the petitioner to
arrange with the Public Utilities Department to plug and
abandon those facilities in a manner that other customers
will not be affected .
If these arrangements cannot be made , then the Public
Utilities Department will have not other choice than
to4ppose the closure of Gordon Place .
We have enclosed, for your information, water and sewer maps
of the area .
If you have any further questions, please feel free to
give me a call .
ETD/co
FORMS: 6
•
SALT LAKE CITY PLANNING C M4i{SSIoN
DATE: May 20, 1988
TO: Roger Cutler
City Attorney
FROM: Bil Schwab
Planning & Zoning
RE: Petition No. 400-612 - LDS Church request to vacate Gordon Place
Attached please find Petition No. 400-612 from the LDS Church requesting that
the City relinquish it's right to public access on Gordon Place.
As stated in their letter the LDS Church recently purchased all the homes on
Gordon Place and intend to demolish them and build a park. A demolition
permit has not been approved as yet.
I have checked the pre-sidwell plats and this street is shown as a right of
way. Engineering shows Gordon Place as a private street in their street file.
Please review this petition and provide us with your opinion on the City
relinquishing the public's right to access on Gordon Place. I would
appreciate receiving your comments by May 27, 1988.
SALT LAKE CITY PLANNING CCNMISSIL..
DATE: May 20, 1988
TO:
FROM: Bil Schwab
Planning & Zoning
RE: Petition No. 400-612 - f,nS Church request to vacate Gordon Place
Attached please find Petition No. 400-612 from the fJ)S Church requesting that
the City relinquish it's right to public access on Gordon Place.
As stated in their letter the LDS Church recently purchased all the homes on
Cordon Place and intend to demolish them and build a park. A demolition
permit has not boon approved as yet.
I have checked the pre-sidwell plats and this street is shown as a right of
way. Engineering shows Gordon Place as a private street in their street file.
Please review this petition and return your comments to me by May 27, 1988.
(74- y
&-/
•
•
•
REAL ESTATE DIVISION Reference reply to.
Taetttr� Floor
#533-9235
50 East North Temple Street UT SLC Res
Sail Lake r to titan 84150 Cordon P1
°rro�,e (dot ! 531-2929
April 18, 1988
The Honorable Palmer DePaulis
Mayor of Salt Lake
324 South State
Salt Lake City, UT 84111
Dear Mayor DePaulis:
The Church recently acquired all of the properties located on 150 North
Cordon Place. (150 North State, see map attached) .
Since the Church now owns Cordon Place Street, we are requesting the City
to vacate the public access to this street from Main Street and State
Street.
Sincerely yours,
--U1H I
Verlin Nicholes
Representative
Real Estate Division
VN:cj
Attachment
cc: Bil Schwab
MIKE ZUHL SALT2 LAKt MIRY( COR`PO_A ` ,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
August 6, 1990
Salt Lake City Council
City & County Building
Salt Lake City, Utah
Dear Council Members:
Attached is the updated ordinance for Petition No. 400-764-90
submitted by David Thomas. A public hearing was held on May 8, 1990. This
ordinance reflects the changes voted upon and approved by the Council
during the public hearing.
The City Attorney's Office has made the changes and the ordinance is
ready for your final adoption.
Yours truly,
"MICHAEL B� UHL
Interim Director
cc: Petition No. 400-764-90
SALT LAKE CITY ORDINANCE
No. of 1990
(Vacating a Portion of an East-West Alley Between
K and L Streets and llth and 12th Avenues
pursuant to Petition No. 400-764-89 )
AN ORDINANCE VACATING A PORTION OF AN EAST-WEST ALLEY
BETWEEN K AND L STREETS AND 11TH AND 12TH AVENUES, PURSUANT TO
PETITION NO. 400-764-89 .
WHEREAS, the City Council of Salt Lake City, Utah, finds
after public hearing that the City' s interest in the public alley
described below is not necessary for use by the public as an
alley and that vacation of said alley will not be adverse to the
general public' s interest.
NOW, THEREFORE, be it ordained by the City Council of Salt
Lake City, Utah:
SECTION 1. That a portion of an east-west alley between K
and L Streets and llth and 12th Avenues, which is the subject of
Petition No. 400-764-89 and which is more particularly described
below, be, and the same hereby is, vacated and declared no longer
to be needed or available for use as a public alley.
Said alley is more particularly described as follows:
Said portion of the alley abutting lot 5, JA/A dt ^��
12th Avenue Subdivision, lots 7 and the east .�/
25 feet of lot 8, Dunford Subdivision is more 0�J
particularly described as follows:
Beginning at the northeast corner of lot 7
Dunford Subdivision and running thence north
15 feet then west 58 feet, then south 15
feet, then east 58 feet to the point of
beginning. That portion to be vacated to be
divided equally between lot 7 and the east 25
feet of lot 8 Dunford Subdivision, the
southerly half, and the northerly half to lot
5 of the 12th Avenue Subdivision.
SECTION 2. That another portion of the same east-west
alley between K and L Streets and llth and 12th Avenues, which
is also the subject of Petition No. 400-764-89, and which is
more particularly described below, be, and the same hereby is,
vacated subject to the conditions set forth in Section 4 below,
and, upon compliance with the conditions, declared no longer to
be needed or available for use as a public alley.
Said portion of the alley abutting lots 8
through 16, Dunford Subdivision and part of ,90
lot 5 and all of lot 6 12th Avenue
Subdivision is more particularly described as
follows: i1
Beginning 58 feet west of the northeast
corner of lot 7 Dunford Subdivision and
running thence west 272 feet then north 15
feet thence east 272 feet thence south 15
feet more or less to the point of beginning.
SECTION 3. RESERVATIONS AND DISCLAIMERS. The above
vacation is expressly made SUBJECT TO all existing rights-of-way
and easements of all public utilities of any and every
description now located on and under or over the confines of the
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 vacation is also SUBJECT TO
any existing rights-of-way or easements of private third
parties.
-2-
SECTION 4 . CONDITIONS . Vacation of the portion of the
alley in Section 2 above shall be conditioned upon proof
acceptable to the City that the abutting property owners have
entered into such agreements as necessary to provide for any
joint use or joint access to or through the vacated alley except
that no joint use shall be required for the east fifty-eight
( 58 ) feet.
SECTION 5 . EFFECTIVE DATE . This ordinance shall become
effective on the date of its first publication. The City
Recorder is instructed to publish this Ordinance and to note
upon the initial publication that vacation of that portion of
the alley described in Section 2 above shall not be complete
until the condition required by Section 4 above has been met .
If the condition has not been met within one year the Mayor may
grant an additional one year extension. If the condition fails
to be met within the time allowed, the vacation in Section 2
shall be null and void.
Passed by the City Council of Salt Lake City, Utah, this
day of , 1990 .
CHAIRPERSON
ATTEST: J
CITY RECORDER
-3-
Transmitted to the Mayor on
Mayor' s action: Approved Vetoed .
MAYOR
ATTEST:
CITY RECORDER
(SEAL)
BILL NO. OF 1990 .
Published:
BRB:rc
- 4-
P9D.
YEA:
NAY:
ABSTAIN:
The resolution was then signed by the Chairperson and recorded by
the City Recorder in the official records of Salt Lake City, Utah. The
resolution is as follows:
RESOLUTION NO. OF 1990 •
RESOLUTION OF INDUCEMENT FOR NOT TO EXCEED $2,000,000
OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (THE "BONDS")
APPROVING A MEMORANDUM OF AGREEMENT WITH WESTERN FIBERGLASS,
INC. , A UTAH CORPORATION OR AN AFFILIATED COMPANY (THE
"COMPANY") IN CONNECTION WITH THE ISSUANCE BY SALT LAKE CITY
OF ITS INDUSTRIAL DEVELOPMENT REVENUE BONDS TO FINANCE A
PORTION OF THE COST OF THE ACQUISITION OF EQUIPMENT FOR A
MANUFACTURING FACILITY WHICH WILL PRODUCE THERMAL INSULATION
AND RELATED FIBERGLASS PRODUCTS (THE "PROJECT") AUTHORIZING
THE COMPANY TO ACQUIRE AND EQUIP THE PROJECT TO BE FINANCED
BY SUCH BONDS; DIRECTING THAT SALT LAKE CITY (THE "ISSUER")
WILL NOT GUARANTEE THE BONDS BY LENDING OR PLEDGING ITS
CREDIT; AND AUTHORIZING THE EXECUTION AND DELIVERY OF A
MEMORANDUM OF AGREEMENT BETWEEN THE ISSUER AND THE COMPANY
WITH RESPECT TO FINANCING THE PROJECT.
WHEREAS, Salt Lake City, Utah (the "Issuer") is authorized and
empowered by the provisions of the Utah Industrial Facilities and
Development. Act, Chapter 17, Title 11, Utah Code Annotated 1953, as
amended (the "Act") to issue revenue bonds for the purpose of protecting
and promoting the health, welfare and safety of the citizens of the State
of Utah by authorizing municipalities and counties in the State to
finance, acquire, own, lease, or sell projects for such purposes; and
BD13E44 (PF) 2
•
WHEREAS, the Project is within the meaning of the Act and
constitutes the acquisition of equipment for a manufacturing facility
which will produce thermal insulation and related fiberglass products to
be located within the Issuer's City limits. The Project shall be owned
or operated by Western Fiberglass, Inc. , a Utah corporation, or an
affiliated company (the "Company") ; and
WHEREAS, the Issuer believes that the Company is financially
responsible to assume all obligations in connection with the Project, and
is engaged in business activities that will protect and promote the
health, welfare and safety of the citizens of the State of Utah; and
WHEREAS, to protect and promote the health, welfare and safety of
the citizens of the State of Utah and to improve local health and the
general welfare, the Issuer proposes to facilitate the financing of a
portion of the costs of acquiring the Project and otherwise financing the
Project to or for the Company; and
WHEREAS, in view of the rising costs, it is considered essential
that acquisition of the Project be completed at the earliest practicable
date, but, at the same time, the Company wishes to begin acquisition of
the Project only after satisfactory assurances from the Issuer that an
amount necessary to pay the costs of financing the Project will be made
available; and
WHEREAS, the Issuer considers that the acquisition of the Project
and the leasing, selling or financing of the same to or for the Company
will promote and further the purposes of the Act and the public purposes
of the Issuer; and
BD13544 (PF) 3
WHEREAS, one of the purposes of this resolution is to satisfy the
requirements of the Income Tax Regulations of the United States Treasury
Department with respect to the issuance of industrial development bonds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Salt Lake
City, Salt Lake County, Utah as the governing body of the Issuer:
Section 1 . The acquisition of the Project and the financing
thereof by the Issuer, through the issuance of industrial development
revenue bonds pursuant to the Act, will protect and promote the health,
welfare and safety of the citizens of the State of Utah and in Salt Lake
City, Salt Lake County, Utah and thereby serve the public purposes of the
Act.
Section 2. In order to finance the acquisition of the
Project consistent with the Memorandum of Agreement attached hereto as
Exhibit "B" and made part hereof, with the resulting public benefits which
will flow from the operation thereof, the Issuer will issue and sell its
bonds (the "Bonds") pursuant to the provisions of the Act in a principal
amount sufficient to pay the cost of financing the Project, together with
costs incident to the authorization, sale and issuance of the Bonds, the
aggregate cost of the Project and the cost of authorization, sale and
issuance of the Bonds being presently estimated not to exceed $2,000,000.
Section 3. The Issuer will (i) issue the Bonds in an amount
not exceeding $2,000,000 with the particular amount, maturities, fixed or
variable interest rates, redemption terms and other terms and provisions
to be determined by a further resolution of the Issuer, (ii) loan the Bond
proceeds to the Company or otherwise finance the Project to or for the
Company, pursuant to an agreement by and between the Issuer and the
BD13544 (PP) 4
Company whereby the Company will be obligated, among other things, to make
payments to the Issuer in amounts and at times so that such payments will
be adequate to pay the principal of and premium, if any, and interest on
all of the Bonds being issued for the Project; and (iii) require the
Company to secure the Bonds in such manner as the Issuer and the Company
deem appropriate. If the proceeds from the sale of the Bonds are
insufficient to finance the entire cost of acquisition of the Project, the
Issuer will, upon request of the Company and to the extent permitted by
law, consider the issuance from time to time in the future of additional
Bonds, whether on a parity with the Bonds or otherwise, for the purpose
of paying the costs of completing the acquisition of the Project. The
Issuer will not and cannot pledge its credit or taxing power for the
payment of the Bonds or the financing of the Project.
Section 4. The proceeds of the Bonds will be used to acquire
the Project and to pay the costs incident to the authorization, sale and
issuance, in one or more issues or series, of the Bonds.
Section 5. The Issuer will enter into a loan agreement with
the Company to finance the Project as more fully described in the
Memorandum of Agreement Exhibit "B" . The form and substance of the
proposed Memorandum of Agreement (in substantially the form presented to
this meeting) by and between the Issuer and the Company setting forth the
undertakings of the Issuer and the Company with respect to the issuance
of the Bonds and the providing of the Project are hereby approved. The
Mayor is hereby authorized on behalf of the Issuer, to execute and deliver
the Memorandum of Agreement and the City Recorder of the Issuer is hereby
authorized to affix the seal of the Issuer thereto and to attest the same,
BD13544 <PF) 5
in substantially the form thereof presented to this meeting, with such
changes in terms and form as the Council shall approve. The execution
thereof by the Mayor shall constitute conclusive evidence of the
approval.
Section 6. The Company is hereby authorized (i) to acquire
the Project, (ii) to make, execute, acknowledge and deliver any contracts,
orders, receipts, writings and instructions, and in general to do all
things which may be requisite or proper for completing the Project and
(iii) to prepare, publish and distribute a preliminary official statement
with respect to the Bonds. In addition, the Company is hereby authorized
to advance such funds as may be necessary to accomplish such purposes, and
to the extent permitted by law, to reimburse itself therefor, but solely
out of the proceeds of the Bonds, provided that the Issuer shall have no
liability to the Company for any costs or funds so advanced if the Bonds
are not issued.
Section 7. The officers, employees and agents of the Issuer
are hereby authorized to work with the Company and others to prepare, for
submission to the Issuer, all documents necessary to effect the
authorization, issuance and sale of the Bonds.
Section 8. The Mayor and the City Recorder are hereby
authorized and directed to distribute copies of this resolution and the
Memorandum of Agreement to the Company and to do such further things or
perform such acts as may be necessary or convenient to implement the
provisions thereof.
BD13544 (PE) 6
Section 9. Pursuant to the request of the Company, the law
firm of Ballard, Spahr, Andrews & Ingersoll is hereby appointed to serve
as Bond Counsel with respect to the Bonds.
Section 10. The officers, employees and agents of the Issuer
are hereby authorized to prepare and execute an application for a Volume
Cap Allocation relating to the Bonds in accordance with the Utah Volume
Cap Allocation Act, Chapter 17(a) , Title 11, Utah Code Annotated 1953, as
amended. This application shall be submitted to the Department of
Community and Economic Development of the State of Utah for consideration
by the Utah Industrial Development Bond Review Board.
Section 11 . The actions of the Issuer pursuant to this Resolution
are expressly subject to the holding of a public hearing with respect to
the issuance of the Bonds and to compliance by the Company with the
Issuer' s requirements regarding industrial development revenue bond
financings.
Section 12. This resolution shall take effect immediately upon
its approval and adoption by the Council.
PASSED, APPROVED AND ADOPTED this 3rd day of July, 1990.
Chairperson
ATTEST:
City Recorder
( S E A L )
BD13544 (FE) 7
After conduct of other business not pertinent to the above, the
meeting was, on motion duly made and seconded, adjourned.
Chairperson
ATTEST:
City Recorder
( S E A L )
BD13544 (Pr) 8
PRESENTATION TO THE MAYOR
The foregoing resolution was presented to the Mayor for his approval
or disapproval on the day of July, 1990.
Chairperson
MAYOR'S APPROVAL OR DISAPPROVAL
The foregoing resolution is hereby approved this day of July,
1990.
Palmer A. DePaulis
Mayor
BD13544 PF) 9
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 3rd day of July, 1990, including a resolution
adopted at said meeting, insofar as said minutes pertain to the matters
therein set out.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of Salt Lake City this day of July, 1990.
City Recorder
( S E A L )
BD13544 (PE) 10
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 July 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 July 2, 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 July 2,
1989, at least twenty-four (24) hours prior to the convening of the
meeting.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature
this 3rd day of July, 1990.
City Recorder
( S E A L )
BD13544 (FE) 11
SCHEDULE "A"
Notice of Meeting
12
B013544 (PF)
EXHIBIT "B"
Memorandum of Agreement
BD13544 (PP) 13
BD13560 (PE)
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT is between Salt Lake City, Salt Lake
County, Utah, party of the first part (hereinafter referred to as the
"Issuer") , and Western Fiberglass, Inc. , a Utah corporation, or an
affiliated company (hereinafter referred to as "Borrower") .
1 . Preliminary Statement. Among the matters of mutual inducement
which have resulted in the execution of this Agreement are the following:
(a) The Issuer is authorized and empowered by the provisions
of the Utah Industrial Facilities and Development Act, Chapter 17, Title
11, Utah Code Annotated 1953 (the "Act") , to issue industrial revenue
bonds for the purpose of acquiring, or financing the acquisition of,
manufacturing, industrial, or commercial properties (as defined in the
Act) and of leasing, selling or financing the same to or for others for
such rentals and upon such terms and conditions as the Issuer may deem
advisable.
(b) The purposes of the Act are to achieve greater
industrial and commercial development in the state of Utah (the "State")
and to authorize municipalities and counties in the State to finance,
acquire, own, lease , or sell projects for the purpose of reducing,
abating, or preventing pollution and of protecting and promoting the
health, welfare, and safety of the citizens of the State.
The Act vests the Issuer with all powers that may be necessary to
enable it to accomplish such purposes. Said Act further authorizes the
Issuer to issue industrial development revenue bonds, or other forms of
municipal industrial development financing, (the "Bonds") for the purpose
of carrying out its powers. In furtherance of such purposes the Issuer
proposes to finance a portion of the cost of the acquisition of equipment
•
for a manufacturing facility which will produce thermal insulation and
related fiberglass products (the "Project") . The proposed facilities and
related property and improvements will be owned by Western Fiberglass
Inc. , a Utah corporation or an affiliated company (the "Borrower") . The
Project shall be financed by the Issuer based upon the commitment of the
Borrower to repay the obligations underlying the financing arrangements
at no cost to the Issuer or the taxpayers residing within the Issuer.
(c) In view of the rising acquisition costs, it is
considered essential that the Project be completed at the earliest
practicable date. The Borrower is willing to proceed with the Project on
the understanding that the proceeds of the sale of the Bonds of the Issuer
will be made available to finance the cost of the Project.
(d) The Issuer is interested in assisting the Borrower to
effect the financing of the Project consistent with the purposes of the
Act and hereby advises the Borrower that, subject to due compliance with
all requirements of law, review of the necessary applications of the
Issuer, the holding and results of a public hearing and the obtaining of
all necessary consents and approvals and to the happening of all acts,
conditions and things required precedent to such financing, the Issuer by
virtue of such statutory authority as may now or hereafter be conferred,
will issue and sell the Bonds in an amount not exceeding $2,000,000 to pay
the costs of the Project.
2. Undertakings on the Part of the Issuer. Subject to the
conditions above stated, the Issuer agrees as follows:
(a) It will authorize or cause to be authorized, the
issuance and sale of an issue of the Bonds, pursuant to the terms of the
BD1356O (FF) 2
Act as then in force, in an aggregate principal amount not exceeding
$2,000,000. Said Bonds shall not be guaranteed by the Issuer nor secured
with a pledge of the credit of the Issuer. The Issuer does not and shall
not warrant that the amount of the Bonds will be sufficient to pay all
costs in connection with the acquisition of the Project.
(b) It will cooperate with the Borrower's efforts to find
a purchaser or purchasers for the Bonds and if purchase arrangements
satisfactory to the Borrower and consistent with its existing borrowing
commitments can be made, it will adopt, or cause to be adopted, such
proceedings and authorize the execution of such documents as may be
necessary or advisable for the authorization, issuance and sale of the
Bonds and the financing of the Project by the Borrower exclusively, all
as shall be authorized by law and mutually satisfactory to the Issuer and
the Borrower.
(c) The aggregate payments to be paid by the Borrower or an
approved lending institution (i.e. , the payment to be used to pay the
principal, interest and premium, if any, on the Bonds) payable under the
loan, purchase, lease, or deposit agreement whereby the Project shall be
financed shall be such sums as shall be sufficient to pay the principal
of and interest and redemption premium, if any, on the Bonds, as and when
the same shall become due and payable.
(d) It will take or cause to be taken such other acts and
adopt such further proceedings as may be required to implement the
aforesaid undertakings or as it may deem appropriate in pursuance thereof.
3. Undertakings on the Part of the Borrower. Subject to the
conditions above stated, the Borrower agrees as follows:
BD13560 (PE) 3
(a) It will use all reasonable efforts consistent with its
existing borrowing commitments to find one or more purchasers for the
Bonds in an aggregate principal amount not exceeding $2,000,000.
(b) It will, to the extent deemed by it to be necessary or
desirable, enter into a contract or contracts for the acquisition of the
Project and at the time of the delivery of the Bonds, it will, to the
extent necessary, pledge its interest in the Project toward repayment of
the Bonds. Title to the Project shall be held in such a manner as to be
subject to assessment for real and personal property taxes, if applicable.
(c) Contemporaneously with the delivery of the Bonds it will
enter into a loan, purchase, lease or deposit agreement with the Issuer
under the terms of which the Borrower will obligate itself to pay sums
sufficient in the aggregate to pay the principal of and interest and
redemption premium, if any, on the Bonds as and when the same shall become
due and payable, such agreement to contain provisions required by law and
such other provisions as shall be mutually acceptable to the Issuer and
the Borrower, including but not limited to the indemnification of the
Issuer by the Borrower against any costs or damages arising from or
connected with the offering and sale of the Bonds and the payment or
default in payment of principal or interest of the Bonds. In addition,
the Borrower will pay and reimburse the Issuer from proceeds from the sale
of the Bonds or otherwise for costs advanced and, if agreed upon in
advance, for the services of certain staff personnel such as the City
Attorney, the Finance Director and the City Recorder. In the absence of
extraordinarily and presently unforeseen expenses it is agreed that the
sums set out hereafter will be sufficient to satisfy said expenses of the
BD13E6O (PE) 4
Issuer. If the Issuer incurs extraordinary and unforeseen expenses, it
will submit an itemized statement of the same to the Borrower at the time
of delivery of the Bonds and the Borrower will allocate payment for such
expenses from Bond proceeds. To cover the regular anticipated expenses
and fees of the Issuer the Borrower shall pay to the Issuer $5,000 at the
time of filing of the application, $2,500 of this amount shall apply to
the expense of reviewing and evaluating the application and $2,500 shall
be held by the Issuer separately and shall be used for processing and
approving the Bond documents, whether or not Bonds are issued. At the
time of delivery of the Bonds an additional fee shall be paid to the
issuer of fifteen hundredths of one percent ( .15 %) of the face amount of
the first $5,000,000 of the Bonds plus ten hundredths of one percent
( .10%) of the face amount of the Bonds for the balance of the Bonds in
excess of $5,000,000. If Bond documents are not reviewed by the Issuer
$2,500 will be refunded to the Borrower and the Issuer will retain the
initial $2,500 payment.
(d) The Borrower will arrange for purchase of the Bonds by
purchasers which have knowledge and experience in financial and business
matters and which are capable of evaluating the merits and risks of
purchasing the Bonds. These sophisticated purchasers will have knowledge
of the business and properties of the Borrower and will have access upon
request to the same kind of information as might be used in various
registration statements under the Securities Act of 1933, relative to the
business of the Borrower to the extent that the Borrower possesses such
information or can acquire it without unreasonable effort or expense. The
purchasers will acknowledge that they are not relying on the
BD1356O (PE) 5
representations of the Issuer with respect to the financial quality of the
Bonds and the purchasers will acknowledge that they rely solely on
statements and representations of the Borrower and on their own knowledge
and investigation of the facts and circumstances relating to the purchase
of the Bonds; and that the contents of this subsection will substantially
be included in one or more agreements between the Borrower, the Issuer
and/or any purchasers of the Bonds . The Borrower will arrange for 'a
private placement of the Bonds unless otherwise consented to by the
Issuer; however, if the Bonds are sold to the general public, the Borrower
will retain the services of a national bonding firm to serve as
underwriter and an official statement containing a full and fair
disclosure of all pertinent facts will be used in connection with the
offering of the Bonds.
(e) It will take such further action and adopt such further
proceedings as may be required to implement its aforesaid undertakings or
as it may deem appropriate in pursuance thereof.
4. General Provisions.
(a) All commitments of the Issuer under paragraph 2 hereof
and of the Borrower under paragraph 3 hereof are subject to the obtaining
of all necessary governmental approvals and the approvals of the
appropriate financial officers of the Issuer and the Borrower, the holding
and results of a public hearing to be held by the Issuer, the review of
an application submitted by the Borrower to the Issuer, the allocation of
any applicable quota imposed by federal law and the condition that on or
before one year from the date hereof (or such other date as shall be
mutually satisfactory to the Issuer and the Borrower) , the Issuer and the
BD13560 (Pr) 6
Borrower shall have agreed to mutually acceptable terms for the Bonds and
of the sale and delivery thereof, and mutually acceptable terms and
conditions of the agreements referred to in paragraph 3 and the
proceedings referred to in paragraphs 2 and 3 hereof.
(b) If the events set forth in (a) of this section do not
take place within the time set forth or any extension thereof and
financing in such amount as shall not exceed $2,000,000 is not arranged
for and consummated within such time, the Borrower agrees that it will
reimburse the Issuer for all reasonable and necessary direct out-of-pocket
expenses, including reasonable attorneys' fees for the review and/or
preparation of documents, which the Issuer may incur at the Borrower' s
request arising from the execution of this Agreement and the performance
by the Issuer of its obligations hereunder, and this Agreement shall
thereupon terminate. It is anticipated that $2,500 of the initial deposit
to be made by the Borrower with the Issuer will reimburse the Issuer for
its costs in reviewing the application of the Borrower and inducement
proceedings. It is further anticipated that the additional $2,500 of the
initial deposit will reimburse the Issuer for its costs in reviewing the
documents and proceedings pertaining to the issuance of the Bonds.
(c) If the Bonds are issued as contemplated by this
Agreement, the Borrower will not expect the Issuer to assume any
substantial obligation with regard to administering the proceeds of the
Bonds or the acquisition of the Project, and will arrange for a local
trustee, escrow agent or bond servicing agent to handle all such financial
administration, and will handle construction supervision either in its own
name or through an affiliated company. The Borrower will also hold
131)1156O (PE') 7
harmless the Issuer from any costs or expenses in connection with the
execution of this Agreement, the issuance of the Bonds or the
administration of the proceeds thereof, or the acquisition or use of the
Project.
BDI3 O rpE) 8
IN WITNESS WHEREOF, the parties hereto have entered into this
Agreement by their agents thereunto duly authorized as of the day of
July, 1990.
SALT LAKE CITY, UTAH
By
Mayor
( CITY S E A L )
ATTEST:
City Recorder
WESTERN FIBERGLASS INC. ,
By
Its
ATTEST:
•
8D1356O (PF) 9
LEE KING �= 1 r i A��tJ +(V/OOI � D�e I1Vif
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
August 2 , 1990
TO: Alan G. Hardman, Chair
Salt Lake City Council
RE: PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AMENDMENTS
RECOMMENDATION AND FUNDING: That the City Council approve the
following changes to the CDBG program so projects can be deleted or
created and the appropriate amendments filed with HUD:
Project Year Amount
Living Traditions Festival 15th Q � ��- $ 15,000
Delete 15th Year funding < v
and put into the same
`LWyears contingency acct.
Ben Albert Apartments 14th v ' ' y\� $ 58, 709
Mechanical System Repair 15th ' 137, 257
Create a new 16th Year 0 1TOTAL
project so CD program 69, $195, 966
income funds from the
Canterbury Apts . can be
used to reimburse General Fund.
Community Housing Resource Board 14th $ 750
Create a new 16th Year 16th 2,250
project by moving previous TOTAL
amount allocated forward and $ 3, 000
combining with 16th Year
Contingency.
BACKGROUND AND DISCUSSION: HUD requires the City amend its CD program
application for the appropriate year if an existing project is deleted
or a new project created. To comply with HUD regulations Capital
Planning and Programming has submitted the above changes to the
Community Development Advisory Committee (CDAC) and notified the
general public through a CDBG Announcement. CDAC met on August 2nd to
consider these amendments . CDAC concurred with Living Traditions
Festival . They did not agree with using CDBG program income to fund
the Ben Albert . They felt the money should be used for other
neighborhood projects to benefit low and moderate income people.
Additional funding for the Community Housing Resource Board was seen as
a worthwhile project.
The Living Traditions Festival, originally approved for funding through
CDBG to support the Salt Lake Art Council's annual ethnic festival . It
was not funded as a CD project because HUD raised concerns about the
event benefiting individuals outside Salt Lake City. It is proposed
that the Council delete this project from the City' s 15th Year
application and put the funding into the 15th Year Contingency account
to be reprogrammed at a later time.
The Ben Albert Apartments, owned by the Housing Development Corp.
(HDC) , is in transition to housing for people over the age of 55 with
at least 51% of the units to be reserved for people meeting HUD income
guidelines . According to a report from Dale R. Wilde Co. Engineers
dated April 16 , 1990 , "the mechanical system in this building will,
while currently in a state of minor failure, soon fail . There are, in
staff ' s opinion, no short term solutions to this condition and we
recommend a full replacement of the heating, cooling, and domestic hot
and cold water systems be undertaken to upgrade these systems for an
additional 30 year life.
Estimates are now available for the needed repairs . It is recommended
that a two-pipe system be reinstalled. The City will commit to
$500 ,000 maximum, previously appropriated and will track costs to keep
them down. The project will need to meet all CDBG regulations and will
be monitored by Capital Planning.
The Community Housing Resource Board (CHRB) , a private non-profit
housing resource organization originally funded in 14th Year for
$3, 000, helps the City meet certain fair housing requirements . HUD
regulations set forth the general requirements for Title VIII of the
Civil Rights Act of 1968 and requires that each grantee receiving CDBG
funds certify to HUD that it will affirmatively further fair housing.
Capital Planning staff previously attended HUD training on fair housing
activities and HUD is sponsoring a local training session on August 9 .
In reviewing the City' s housing and community development activities to
further fair housing in public and private sectors, HUD suggested the
City provide additional funding to CHRB. In the past funds were used
for education and outreach concerning fair housing and equal
opportunity. New funding will be used for more education and training
in the form of 4 to 5 public mini-seminars, a fair housing resource
list, and brochures to be placed in locations available to those people
most in need of fair housing information.
CONTACT PERSON: Kathy Ricci, 535-7119
If you would like any additional information please do not hesitate to
contact me.
Sincerely,
Lee King, Director
Capital Planning and Programming
cc: Sheryl Gillilan, Finance
r /
MIKE ZUHL SAL?_ � J 1Y(�f 9 .�� 'LO LEE KING
•
INTERIM DIRECTORvsk i DEPUTY DIRECTOR
COMMUNITY AND ECONOMIC DEVELOPMENT
451 SOUTH STATE STREET, ROOM 418
SALT LAKE CITY, UTAH 84111
TELEPHONE 535-7777
T0: Salt Lake City Council August 7, 1990
RE: Petition No. 400-823 by Rick Warner Ford by Bart Warner
Recommendation: That the City Council hold a non-advertised public hearing
on August 14, 1990 at 6:20 p.m. to discuss Petition No. 400-823-90
submitted by Rick Warner Ford by Bart Warner, President. The Petitioner is
requesting that Salt Lake City close and sell a portion of Jefferson Street
located in the interior of the block between 700 and 800 South and West
Temple and 200 West Streets.
Availability of Funds: Not applicable
Discussion and Background: This petition has been reviewed by the
appropriate City Departments who have recommended approval with condition
that driveway access must be maintained for emergency vehicles to serve the
residences at 766 and 768 South Jefferson. The petitioner has been in
contact with the abutting property owner Mr. Dale Casady and a land trade
has been negotiated that will solve the access problems for the abutting
residents.
The street property will be used for the minor expansion of the previously
approved dealership which will improve the site conditions of the area and
will provide an efficient interior block land use.
The Planning Commission has reviewed and recommended the closing and
selling the approximate 2,800 square feet of Jefferson Street contingent
upon recording of a amended legal descriptions for the Casady and Warner
land exchange and that the property be used for the minor expansion of the
Rick Warner Ford Dealership. The property shall be sold for fair market
value as determined by the City's Real Property Manager. Payment may be
received in cash or in the form of a public capital improvement located on
Blocks 14 or 15 associated with the development "Auto Mall" concept upon
approval by the Planning Director.
SALT' M,'�„ G TjY� GORP �RATIONi
ALLEN C. JOHNSON, AICP '•9 ®"' PALMER OEPAULIS
PLANNING DIRECTOR MAYOR
COMMUNITY AND ECONOMIC DEVELOPMENT
PLANNING DIVISION
451 SOUTH STATE STREET
ROOM 406, CITY AND COUNTY BUILDING
SALT LAKE CITY, UTAH 84111
August 3, 1990 TELEPHONE 535-7757
Mike Zuhl, Interim Director
Community & Economic Development
Salt Lake City
BUILDING
Dear Mike:
Attached please find Petition 400-823 by Bart Warner requesting Salt Lake City
to close and sell a portion of Jefferson Street located in the interior of the
block between 700 South and 800 South and 200 West and West Temple Streets.
On Thursday, August 2, 1990 the Planning Commission considered the request and
recommends to the City Council approval of the request with conditions.
The Planning Commission finds this request to be consistent with the planning
policy established in the "West Temple Gateway Redevelopment Plan" and finds
this street to be surplus property if the land trade agreement between Dale
Casady and Bart Warner is concluded. Please refer to the staff report for a
map. The Planning Commission recommends that the sale of the City property be
for fair market value and payment received in cash or in the form of a public
capital improvement of equal value located on Blocks 14 or 15 upon approval by
the Planning Director.
The conditions of approval include:
1. The existing water and sewer mains be terminated and removed
or protected.
2. Access to 766 and 768 South Jefferson Street remain open via
800 South Street.
3. Property be sold for fair market value.
4. Amended legal descriptions for the Casady and Warner
properties be recorded that result in Warner owning all
abutting property on this portion of Jefferson Street.
Mike 7,uhl
August 2, 1990
Page 2
The legal description for the street closure will be forwarded under separate
letter.
Please call me if you have any questions.
Respectfully submitted,
6()A4;, 7:-
William T. Wright AICP
Deputy Planning Director
attachments
Salt Lake City Planning Commission Staff Report
Petition 400-823
Jefferson Street Closure between 700 and 800 South Streets
OVERVtFW
Petition 400-823 by Bart Warner, President of "Rick Warner Ford" located at
730 South West Temple Street is requesting Salt Lake City to close and sell
approximately 2,800 square feet of Jefferson Street located in the interior of
the block between 700 and 800 South and West Temple and 200 West Streets (see
map) . Approval of this petition will accommodate a minor expansion of the
Ford Dealership. The Planning Staff recommends approval of the request with
provisions as outlined in this staff report.
BACKGRC ND
In April 1989 the Planning Commission approved a conditional use permit for
the "Rick Warner Ford" dealership at 730 South West Temple Street in a
Commercial "C3-A" zoning district. At that time, the northern portion of
Jefferson Street was closed and sold at fair market value to Banj Investment,
a subsidiary of Warner Ford, allowing the development to proceed.
Additionally, two other streets, Brazier Court and Lemon Place, were closed
and sold to Banj Investment. Historically, these streets served as access to
single family homes, now removed from the block. The City accepted payment
for these streets in the form of Capital Improvements on Main Street and 700
South Street.
In August 1987 the Redevelopment
Agency adopted the "West Temple 700 SOUTH STREET
Gateway Neighborhood Development " n� �� °:,«
I Plan" for the area between 600 ; �° .° I. I
~ I A � `_i� o,o
South to 1000 South and between I ^ ° M
a a a ----,, J�a
Main and 300 West Streets. The . ; �, --•7
Redevelopment Project Area Plan ____1„�__� . l —.dn *II - .4.--I .I "'
supports the development of auto �.1 -;,a -; ____;___~___
dealerships in an "auto mall" --i _ _ __���.,: w ,
concept. Mr. Warner and his '1 °" 7 ..._1 �. I ; -
father proceeded to develop this W I- �" A r µ Er_,� -', Y '" ' f
auto mall on two blocks. m �7 -- 1- i o '
-.id r .°es t Al -°°° I .,- .n' ; '4
m
tLL I �Im : m
Jefferson Street 14 ��-- I "'°
000 �j'I _Q I I
Closure Requested n --_ - - Y --= ^1— --:
vs
-.,/ ' L— - — ^t
Warner Property I_a, -
-�`� ;r
i ;-
.019) 'y I
Casady Property i
ry 1 :„.
Q 0 °i a' I'
N
,1 0 l p L I B ��,,, �
after trade/sell I I
I 1 ..� 1 I I
800 SOUTH STREET
Existing Homes •
A .
ANALYSIS
The appropriate City Departments have reviewed this petition. All have
recommended approval with the following conditions:
Public Utilities: The existing water and sewer lines must be terminated and
removed or protected.
Transportation and Fire: Must continue driveway access for emergency vehicles
to serve the residences at 766 and 768 South Jefferson Street.
Real Property: Be sold at fair market value.
Engineering: No comment.
Planning: An agreement between Dale Casady and Bart Warner illustrates a
proposed land trade that will result in Bart Warner owning all frontage
property on Jefferson Street associated with this closure. This land trade
must occur before or simultaneous with the City providing the deed to the
street property to Bart Warner.
RECOMMENDATION
Planning Staff Finding:
The Planning Staff finds this request to be consistent with Planning Policy
established in the "West Temple Gateway Redevelopment Plan". Furthermore,
the proposed land trade with Mr. Dale Casady, currently an abutting property
owner, resolves all access issues from this portion of Jefferson Street. The
use of this interior block property for the minor expansion of the previously
approved dealership will improve the site conditions and provide an efficient
interior block land use. Access to the two remaining residences at 766 and
768 South Jefferson Street will be provided via 800 South Street.
Planning Staff Recommendation
The Planning Staff concludes that the Planning Commission recommend to the
City Council the closing and selling the approximate 2,800 square feet of
Jefferson Street contingent upon recording of amended legal descriptions for
the Casady and Warner properties for the minor expansion of the Rick Warner
Ford dealership. The sale of the city property shall be for Fair Market Value
as determined the City's Real Property Manager. Payment may be received in
cash or in the form of a public capital improvement located on Blocks 14 or 15
associated with the developing "Auto Mall" concept upon approval by the
Planning Director.
William T. Wright
Deputy Planning Director
July 23, 1990
LINDA HAMILTON SALT r t\ G[i!1 G-ORPORATIgO PALMER DEPAULIS
DIRECTOR OF FINANCE MAYCR
FINANCE DEPARTMENT
Purchasing and Property Management Division
451 SOUTH STATE STREET, ROOM 345
SALT LAKE CITY, UTAH 84111
PROPERTY (801) 535-7133
July 19, 1990
T0: Bill Wright
Deputy Planning Director
FROM: Linda Cordova
Property Manager
SUBJECT: PETITION 400-823, CLOSURE OF JEFTERSON STREET MIDWAY
BETWEEN 700 SOUTH AND 800 SOUTH STREETS
I have reviewed the subject petition and have no objection to the alley
closure. In view of the comilercial zoning of this block, and in compliance by
City policy, it is my recommendation that the referenced portion of Jefferson
Street be sold at fair market value.
Please have a member of your staff submit a legal description to our office so
that we may prepare a Quit Claim Deed and have it ready to submit to the Mayor
as soon as the Planning Coiluilission and Council have completed their review
process.
Thank you.
LC/mt
Wright.JeffersonStreet
lit 2
S ISyu
LEROY W. HOOTON, JR.
DIRECTOR
WENDELL E. EVENSEN. P.E. SIr �Y�G�RPO
SALT' r A) a, RATIOIj
SUPERINTENDENT �Rp
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& 1530 SOUTH WEST TEMPLE
ACCOUNTING OFFICER
SALT LAKE CITY, UTAH 84115
GEORGE JORGENSEN, P.E.
CHIEF ENGINEER
TO: BILL WRIGHT
PLANNING & ZONING
FROM: E. T. DOXEY
WATER RECLAMATION SUPERINTENDENT
DATE: JULY 20, 1990
SUBJECT : PETITION #400-823
CLOSURE OF JEFFERSON STREET MIDWAY BETWEEN 700
SOUTH AND 800 SOUTH STREET
The Public Utilities Department has reviewed the above noted
petition and has found there are water or sewer mains located on
this street.
If the request is granted the Public Utilities Department
facilities will have to be protected.
If you have further questions regarding this matter, please feel
free to call Mr. Ray Eastman at 483-6787.
/kg
enclosure
cc: File
ai � l 1990
PALMER DEPAULIS SAT'FAKE G�s RPORATI.ON1
MAYOR �r
OFFICE OF THE MAYOR
CITY AND COUNTY BUILDING
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UTAH 84111
TELEPHONE 535-7704
July 25 , 1989
Bill Wright, Deputy Planning Director
Planning & Zoning
City & County Bldg .
Salt Lake City, Utah
Re: Petition #400-823 Closure of Jefferson Street midway between 700
South and 800 South. (Extension of an existing closure)
Dear Bill :
The Division of Transportation ' s site review comments and
recommendations are for approval of the proposed Jefferson Street
vacation subject to the following :
1) Provide letter of waiver for curb, gutter and sidewalk improvements
along the 20 foot frontage in coordination with future development and
vacation of remaining roadway to 800 South .
2) All abutting property owners affected by the vacation have signed
an agreement to vacate.
3 ) All utilities and utility easements shall remain as required and
approved by the entity concerned .
Sincerely,
71/
Scott R. Vaterlaus \
Traffic Engineer I
BDW/lh
cc : Gerald Blair
i/0
Barry Walsh
file
4 1. 2
5 1990
PALMER DEPAULIS SALT'MICE',, MTYr`G.ORPORATION) MAX G. PETERSON. P E
MAYOR -arn aaca eaml -�wasa '��a�r v�c.�esm��
CITY ENGINEER
DEPARTMENT OF PUBLIC WORKS
City Engineering Division
444 SOUTH STATE STREET
SALT LAKE CITY, UTAH 84111
TELEPHONE 535-7961
TO: BILL WRIGHT
DEPUTY PLANNING DIRECTOR
FROM: HARRY EWING ` `
/ ✓,c i
ENGINEERING
DATE: JULY 25 , 1990
SUBJECT: PETITION 400-823
CLOSURE OF A SECTION OF JEFFERSON STREET
AT APPROXIMATELY 750 SOUTH STREET
This department has completed a review of the referenced
petition .
We offer our support and recommend for the closure of
Jefferson Street as outlined in the request.
HE:cp
Vault
aliu ski. 2 "3 1990
T-J
SALT !I.,'cant LRIIT
VORMIL.
ALLEN C. JOHNSON, AICP PLANNING ANL7,:DvNG
PLANNING DIRECTOR
WILLIAM T. WRIGHT. AICP COMMUNITY AND ECONOMIC DEVELOPMENT
RALPH BECKER
PLANNING DIVISION DAN BETHEL
Planning and Zoning Commission CINDY CROMER
AND THOMAS A. ELLISON
SANDRA MARLER 451 SOUTH STATE STREET LAVONE LIDDLE-GAMONAL
SEGRETASY ROOM 406, CITY AND COUNTY BUILDING RICHARD J. HOWA
RALPH P. NEILSON
SALT LAKE CITY, UTAH 84111 GEORGE NICOLATUS
TELEPHONE 535-7757 JOHN M. SCHUMANN
Date July '190
To Blaine Collins
Fire
From] Bill Wight
ueputy -'1anning 1)lreotor
mi( y HOTi HYiYi ,odth
H.e=rse review attaoned petition requesting fat maRe urity to oiose a
seot:,( H at almod.: has Oeen
e':-.:tebiL:z.hed to amanuon this street as the amutting ianG uses ohane and ino
I' Ith aGG9SE. ihe northern DoF= o*. the street was reoentiy
W lAarner Fordn The additional olosdre will allow an
of ft,e.Ford Dealersnip !he previous petition oiosincl tne norther
portion o* Je-Prer -:,,oh '::,treet was 406,
woul(A appreo1ate reoe:.ving your iiRiLeh ooi;;;;IehLs Oy July Z.:; The itm has
been soneculeo lith the Hianning .:ommission *or Fugust 12/-/0 ano the
Couji for August 14, l'fi0 at the redest of the Myor. I apprec:iat
immediate atUloh
o
, 1
L.f
Le: _ F
7 .
41- / •
///
•
RICK WARNER
SUPER FORD STORE
,FORD
A GOOD DEAL MORE!
•
RECEIVED
MAY 02 1990
Mayor Palmer DePaulis IAMR'S %FFlu_
Room 306
451 South State Street
Salt Lake City, Utah 84111
Dear Mayor DePaulis,
I am in the process of trying to develop some additional property west of
our Rick Warner Ford facilities at 7th South and West Temple. However, to
be able to do this, I need to be able to purchase an additional section of
Jefferson street, which stands between the property recently purchased and
the dealership. According to Linda Cordova, she suggested that I petition
your office to begin the process of determining the price the city would
charge for approximately 2,000 square feet of this street.
If an equitable deal can be worked out, I can then complete an additional
phase of development of property that is currently unused and an eyesore.
Your cooperation in proceeding with this matter in a timely fashion will
he appreciated.
Sincerely,
�lC
Bart Warner
President
BCW/at
ke)
/)0lc/ -/ / 2
c1lo, co
730 South & West Temple • P.O. Box 65778 • Salt Lake City, Utah • 84165-5778 • Phone 578-1000
A /1,1. ./j ./. •: k i• •!4.i• i :.. • • • ./ y ,
/- e•A-3 Aftki VI 6L-:c 0-L 0 T 0-4'13. .- i'l V! r'A '1 (;-..- I'•i:'4.,,I 'i : ( ,- .- .."-„ :;:. •,../ ,/ ,y.v,...,,,.(1)
2--eite-4 Ay.1, ek ‘...',I •-.) P /Oct4.41-67- 0,1,•,,- z'.e. , • .1 • !:-• , :...i , f ?c' - ,- -- '
....-- ..... — e
3-4.,ie'd) rt34ii.1( 1 U. c cc 4 L,:,1 %;cs ,:a.1,--,.,i - ; ,., ,. k ,. 1. f s•s r4.4 r
-1-..4... c:..t K....6-"rc, :'..'..- r i-..virzr.,...... L.) ,f!r•.. ,:....-.: z;.: i ., • ,.. ,.. r:• .•,• .:•,4. ' ,
' •-
,i... ti• ...• ,i,
- • - ..,-.-:).c 3 i:).'" -;' - / - i :7 . , :: , , . i ;;: ,,. ,:_rr...: A.AiL..,
7)&trf--1415 14,7.76-:z-,',',:-:-L:44,14..:•;,..k. ,I" -I.'t
y .!:;-- ,pt.,..7- /„, • '1 - 1
.• . v d
p
ag 12 ... . ,
i
.,
(-) .
' I
. 6
At t, 1,4(f.....t.Z 1 i',....%--..-- • ;
> •
, 0 .
. I
.. ...... .. ..'..‘1'1.... ..... , '.‹
. "
. I. 0 •. ;
_____± j! ‘.1...29.. _ _. _4-
I I
t I. .1 -A—
K I
I
.... IMP .11•Mill t
/
11•••• ••MMM M. OM
/.•
ill N''' j. •s', .... .•'.... ' ",.• . ' . y..: '',.w
. C1/
1,(----) •ci•• ,
. J
I / ;; I • .
1 • • i , •;
. i
,..... _ ,I.
• ' i / • i
, .
• , . .1
.— • - 1 .
t-,
1 • ! -
•: I i
u 1
—
. i
. ,'• ,
ri
fI .
E 1
. .
.1 !
._
. .
. = „
\.
I .
0
• : ,
-_ .•
1 .
* .
> 1
. •
Z '
M I
•
= '
; 1
-n ; ,•
•
0 ;
= ;
0
. ,
r :
. i ..
.
1
1 ,
i _
SALT LAKE CITY ORDINANCE
No. of 1990
(Closing Jefferson Street in the interior
of the block between 700 and 800 South
and West Temple and 200 West
Pursuant to Petition No. 400-823-90 )
AN ORDINANCE CLOSING JEFFERSON STREET IN THE INTERIOR OF
THE BLOCK BETWEEN 700 AND 800 SOUTH AND WEST TEMPLE AND 200 WEST
IN SALT LAKE CITY, UTAH.
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 said street will not be adverse to
the general public' s interests nor will title to the closed
street transfer without subsequent documentation .
NOW, THEREFORE, be it ordained by the City Council of Salt
Lake City, Utah:
SECTION 1 . That the public street known as Jefferson
Street which is more particularly described below, be, and the
same hereby is, closed and declared no longer to be needed or
available for use as a public right-of-way and the title thereto
shall remain with the City until it is sold for fair market value
which may be received by the City in the form of completed curb,
gutter, sidewalk, landscaping or other public capital
improvements to be installed on Blocks 14 and 15 as deteLmined by
the City Planning Director .
JEFFERSON STREET
Beginning at the South East corner of Lot 4 ,
Block 14 , Salt Lake City Survey Plat A; thence
East 72 . 5 feet more or less to the Western edge
of Jefferson Street, thence North along the �gZ
Western edge of Jefferson Street 170 feet more a
or less to the point of beginning; thence North WV
80 . 0 feet; thence East 10 . 0 feet; thence North
40 . 0 feet; thence West 10 . 0 feet; thence North
40 . 0 feet; thence East 20 . 0 feet (the width of
Jefferson Street right-of-way) ; thence South
160 . 0 feet; thence West 20 . 0 feet to the point
of beginning. Contains 0 . 07 acres .
SECTION 2 . RESERVATIONS AND DISCLAIMERS . The above closure
is expressly made SUBJECT TO all existing rights-of-way and
easements of all public utilities of any kind and every
description now located on and under or over the confines of the
above-described property and also SUBJECT TO the rights of entry
thereon for the purposes of maintaining, altering, repairing,
removing or rerouting said utilities , including the City' s water
and sewer facilities ; and all of them. Said closure is SUBJECT
TO any existing rights-of-way or easements of private third
parties .
SECTION 3 . EFFECTIVE DATE. This ordinance shall become
effective on the date of its first publication . The City
Recorder is instructed to not publish this ordinance until and
unless the mayor shall certify that the Petitioner has provided
appropriate guarantees for payment of the cost of Jefferson
Street in a form acceptable to the City Attorney. Further, the
Mayor must certify that petitioner has acquired all of the
frontage to Jefferson Street which is being closed by this
Ordinance . In the event the conditions are not met within a year
-2-
this ordinance shall be void and of no effect and the City
Recorder is instructed not to publish it.
Passed by the City Council of Salt Lake City, Utah, this
day of , 1990 .
CHAIRPERSON
ATTEST:
;// '
e w
CITY RECORDER
Transmitted to Mayor on
Mayor' s Action: Approved . Vetoed.
MAYOR
ATTEST:
CITY RECORDER
BRB:ap
-3-