12/06/1990 - Minutes (2) Cu- \ray ull 'S rer tif,
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SALT LAKE CITY COUNCIL
AGENDA CD— Ca 10166
CITY COUNCIL COMMITTEE OF THE WHOLE ROOM �1
ROOM 325 Cru U lv
CITY AND COUNTY BUILDIN 3 y
451 SOUTH STATE STREET f\1'6D(t(( �viit IJ
Thursday, December 6, 1990
/fieu . &rrYW l
5:00 p.m. jj , 3L) m04 1111
j\
A. BRIEFING SESSION: 5:00 - Room 325 City and County Building, 451 (I
South State
1 . Report of the Executive Director.
'6\ r 2. The Council will interview Darrell R. "Buzz" Larsen\ prior to�-Q consideration of his appointment to the RDA Advisory Committee.
�� �Vw 3. The Council will interview Larry Migliaccio prior to consideration
of his appointment to the RDA Advisory Committee.
S) 4. The Council will interview Paul E. Nelson prior to consideration
of his appointment to the RDA Advisory Committee.
B. OPENING CEREMONIES:
1 . Approval of the minutes.
C. COMMENTS:
1 . Questions to the Mayor from the City Council.
2. Citizen Comments to the Council. - -\ � Nk a
(Drum-el vex mom' � u ,
D. CONSENT: WCt/J pluSJ C„Gj
Ova l, (IuA) Ch(,ki-C
E. NEW BUSINESS:
1. Resolution: Street Lighting District #3
Consider adopting a resolution setting the date of January 8, 1991
at 6:20 p.m. to accept public comment, and declaring Notice of
Intention for the renewal of Street Lighting Special Improvement
District #3 concerning projected lighting costs from April 1 , 1991
to April 1, 1994.
(Q 90-8)
Staff recommendation: Adopt, setting date.
MOb �s \\ OS\ Odd
WQ_ t�U 6 ci ���� Cite
2. Board Reappointment
Consider approving the reappointment of Lee King to his first full
term extending through October 27, 1995, to the Housing Authority. O
(I 90-19) P
p
Staff recommendation: Suspend and adopt. A o4 1to S_
3. Board Reappointment `��' d
Consider approving the reappointment of Ronald G. Coleman to his
second term extending through June 30, 1993, to the Civil Service
Commission.
(I 90-21)
Staff recommendation: Suspend and adopt.
4. Board Reappointment
Consider approving the reappointment of Pamela Grubaugh-Littig to
her second term extending through July 14, 1993, to the Historical
Landmark Committee.
(I 90-9)
Staff recommendation: Suspend and adopt.
5. Board Reappointment
Consider approving the reappointment of David E. Svikhart to his
first full term extending through July 14, 1993, to the Historical
Landmark Committee.
(I 90-9)
Staff recommendation: Suspend and adopt.
N ! dA j t 1 '
1 al Ordinance: Appointments to Advisory Boards 5
)Consider adopting an ordinance amending Sections 2. 14.040, ' ,
,s _b• A
2.22.040, 2.28.030, 2.36.030, 2.37.040, 2.38.030, 2.40.030, /.,
2.41 .040, 18.48.040 and 21 .06.010, of the Salt Lake City Code,
relating to appointments to advisory boards. 1 `1 t3
(0 90-49) U" J'
byS� Staff recommendation: Adopt. Orta k, n ,�/�
\J OP
k' \\ i• Ordinance: Moratorium on Demolitions of Residential Structures �' '��(
C Consider adopting an ordinance placing a moratorium on the
Demolition Residential Structures.V� Staff recommendation: Suspend nd adopt. `/
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F. UNFINISHED BUSINESS:
A . Resolution: Curb and Gutter Extension SID 38-758
///
Consider adopting a resolution appointing a Board of Equalization
and Review for Salt Lake City, Utah Curb and Gutter Extension
Special Improvement District No. 38-758; setting the dates for the
Board of Equalization to hear and consider objections and
corrections to any proposed assessments; authorizing the City
Recorder to publish and mail a Notice of Meetings of the Board of
Equalization and Review; and related matters.
(Q 89-9)
Staff recommendation: Adopt.
2. Resolution: 1988/89 Non-Contiguous Streets Curb and Gutter SID
38-819
Consider adopting a resolution appointing a Board of Equalization
and Review for Salt Lake City, Utah 1988/89 Non-contiguous
Streets, Curb and Gutter Extension No. 38-819; setting the dates
for the Board of Equalization to hear and consider objections and
corrections to any proposed assessments; authorizing the City
Recorder to publish and mail a Notice of Meetings of the Board of
Equalization and Review; and related matters.
(C 89-389)
Staff recommendation: Adopt.
Resolution: Beautification and Street Lighting Special
Improvement District No. 38-864-1
Consider adopting a resolution appointing a Board of Equalization
and Review for Salt Lake City, Utah Special Improvement District
No. 38-864; setting the dates for the Board of Equalization to
hear and consider objections and corrections to any proposed
assessments; authorizing the City Recorder to publish and mail a
Notice of Meetings of the Board of Equalization and Review; and
related matters.
(Q 90-1)
Staff recommendation: Adopt.
G. PUBLIC HEARINGS:
H. ADJOURNMENT
"" FINAL ACTION MAY BE TAKEN AND/OR ORDINANCES ADOPTED
CONCERNING ANY ITEM ON THIS AGENDA.
DATED: December 4, 1990
BY: �� )r
�a�.I 0 /
IT RE( T.ER I
STATE OF UTAH
COUNTY OF SALT LAKE ) ss.
On the 4th day of December, 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
. At 5:00 p.m. in the Newsroom, Room 315.
FA�i,1
Op ' R CORDER
Subscribed and sworn to before me this 4th day of December, 1990.
Notar r siding in the
State of Utah
ommissa res,
9 ,v-.:; . BARBARA HAK;H I.
ii
t 451 So.Stela St Rrn 415 c
Sa;t Lrl-se Ciy,Ugh 641C2
My Ccmmisslon Ex;r. j
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APPROVAL: yl
EXE IVE IRECTOR
FAX (801) 535-6019
e"
JOSEPH R. ANDERSON SItilq
j.a_,:; " 1I egto.a��leoit TIMOTHY P. HARPST, P.E.
PUBLIC WORKS DIRECTOR CITY TRANSPORTATION ENGINEER
TRANSPORTATION ENGINEERING
333 SOUTH 200 EAST, SUITE 201
SALT LAKE CITY, UTAH 84111
TELEPHONE (801) 535-6630
November 21, 1990
Palmer DePaulis
Mayor
Room 306 - City Hall
RE: Street Lighting Special Improvement District #3 , Resolution
declaring Notice of Intention and Date for Public Hearing
Dear Mayor DePaulis:
I recommend approval and adoption of the resolution declaring
Notice of Intention for the renewal of Street Lighting Special
Improvement District #3 . After adoption, the notice of intent with
estimated assessment will be mailed to each property owner involved.
The notice also informs property owners of the public hearing which
will be held January 8 , 1991 to receive comment and consider protests
concerning the lighting district.
Sincerely,
Rat.A...S24-4-42-crl--1
sep R. Anderson
Public Works Director
SRV/lh
cc: Timothy P. Harpst
FAX (801) 535-6019
JOSEPH R. ANDERSON ~�.r�- '-'t�S�a ERN `�',�.�` �`� Oi TIMOTHY P. HARPST, P.E.
PUBLIC WORKS DIRECTOR CITY TRANSPORTATION ENGINEER
TRANSPORTATION ENGINEERING
333 SOUTH 200 EAST, SUITE 201
SALT LAKE CITY, UTAH 84111
TELEPHONE (801) 535-6630
TO: Salt Lake City Council DATE: November 21 , 1990
SUBJECT: Street Lighting Special Improvement District #3, Resolution
Declaring Notice of Intention and Date for Public Hearing
RECOMMENDATION: City Council adopt the resolution to declare Notice of
Intention for the renewal of Street Lighting Special Improvement
District #3 at the December 6 , 1990 City Council meeting. The
resolution also sets January 8 , 1991, as the date for a public hearing
to receive comment and consider protests concerning the lighting
district.
AVAILABILITY OF FUNDS : The District #3 cost estimate incorporates
projected lighting costs from April 1, 1991 to April 1, 1994 . Fund
obligations are renewed as in the past with abutting property owners
responsible for 75% of the total cost and Salt Lake City the remaining
25% as per city policy.
DISCUSSION: The District includes the following extensions:
5 H Regent Street 38 E Skyline Drive
9 H 100 South 40 E Exchange Place
10 H 200 South 41 E Rose Park •
11 H South Temple 42 E South Temple
12 H Arlington Dr . 47 D 300 South
19 G Main St. 48 D Rose Park
20 G Laird Avenue 46 B Donner Way
22 F Yalecrest Avenue 69 A South Temple
23 F Sugar House 70 A 300 South
24 F Herbert Avenue
The projected street lighting assessment rates provide for operation,
maintenance, extension deficits, and applicable portions for
replacement and purchase bond payments.
SUBMITTED BY: Joseph R. Anderson - Public Works Director Ya
BD15965 (BF)
Salt Lake City, Utah
December 6, 1990
A regular meeting of the City Council of Salt Lake City,
Salt Lake County, Utah was held on Thursday the 6th day of
December, 1990, at the hour of 6:00 p.m. , at the offices of
the City Council at 451 South State Street, Salt Lake City,
Utah at which meeting there were present and answering roll
call the following members who constituted a quorum:
Alan Hardman Chair
Nancy Pace Vice Chair
L. Wayne Horrocks Councilmember
Ronald Whitehead Councilmember
Thomas M. Godfrey Councilmember
Don C. Hale Councilmember
Roselyn N. Kirk Councilmember
Also present:
Palmer A. DePaulis Mayor
Roger F. Cutler City Attorney
Kathryn Marshall City Recorder
Absent:
None
Thereupon the following proceedings, among others, were
duly had and taken:
The following resolution was introduced in writing, was
read by title and Councilmember moved its adoption:
RESOLUTION NO. of 1990
A RESOLUTION DECLARING THE INTENTION OF THE
CITY COUNCIL OF SALT LAKE CITY, SALT LAKE COUNTY,
STATE OF UTAH, TO CREATE SALT LAKE CITY, UTAH
LIGHTING DISTRICT NO. 3 ; TO OPERATE, MAINTAIN,
PATROL AND POWER LIGHTING IMPROVEMENTS; TO DEFRAY
A PORTION OF THE ORIGINAL CAPITAL COST OF LIGHTING
IMPROVEMENTS AND THE OPERATION AND MAINTENANCE
EXPENSES OF SAID IMPROVEMENT DISTRICT BY SPECIAL
ASSESSMENTS TO BE LEVIED AGAINST THE PROPERTIES
BENEFITED BY SUCH LIGHTING AND IMPROVEMENTS; TO
PROVIDE NOTICE OF INTENTION TO AUTHORIZE SUCH
LIGHTING AND IMPROVEMENTS AND TO FIX A TIME AND
PLACE FOR PROTESTS AGAINST SUCH LIGHTING AND
IMPROVEMENTS OR THE CREATION OF SAID DISTRICT, AND
RELATED MATTERS.
BE IT RESOLVED by the City Council of Salt Lake City,
Salt Lake County, Utah:
Section 1 . The City Council of Salt Lake City, Salt Lake
County, Utah (the "City" ) hereby determines that it will be
in the best interest of the City to operate, maintain, patrol
and power street lighting (the "Lighting" ) , in locations
described hereafter and more specifically identified on maps
and plans on file in the Office of the City Transportation
Engineer of Salt Lake City, Utah. In order to finance the
costs of the Lighting, the City proposes to create and
establish a special improvement district, which is more
particularly described in Exhibit "A" and in the Notice of
Intention.
BD15965 (PE) -2-
Section 2 . The proposed district shall be known as Salt
Lake City, Utah Special Lighting District No. 3 (the
"District" ) .
Section 3 . A portion of the capital cost of the lighting
fixtures and improvements (the "Improvements" ) and the
expenses of the Lighting shall be paid by a special tax to be
levied against the property situated within the District which
is improved or which may be affected or specially benefited
by the Lighting and Improvements, such tax to be paid in three
(3 ) annual installments with interest on any unpaid balance
until paid.
Section 4. Proceeds from assessments, or any
installments thereof, are declared to be improvement revenues
( "Improvement Revenues" ) which are pledged hereby to the
payment of the Lighting and the Improvements. Any annual
assessment installment may be modified and adjusted by
Improvement Revenues collected in connection with the Lighting
and the Improvements. Adjustments to assessment installments
may be calculated annually, based in part upon the actual
expenses for operation and maintenance for the previous year.
Any past credit or debit balance resulting from the
carryforward of past charges or assessments for street
lighting also may be taken into account in the calculation of
the assessment or an assessment installment.
BD15965 (PF) -3-
Section 5 . Written protests against the proposed
Lighting and Improvements or against the creation of the
District must be presented and filed in the Office of the City
Recorder of Salt Lake City, Utah on or before the 7th day of
January, 1991, at the hour of 5 : 00 p.m. Thereafter at 6: 00
p.m. or as soon thereafter as the matter may be heard, on
Tuesday, the 8th day of January, 1991 at the City Council
Chambers at 451 South State Street in Salt Lake City, Utah,
any such protests shall be heard and considered by the City
Council . The City Recorder is hereby directed to give notice
of intention (the "Notice of Intention" or "Notice" ) to
provide the Lighting and defray the costs thereof and a
portion of the costs of the Improvements. The Notice of
Intention shall also specify the time within which protests
against the proposed Lighting and Improvements or the creation
of the District may be filed and the date when such protests
will be heard and considered. Notice shall be given by
publishing a Notice of Intention to create the District in the
Deseret News, a newspaper of general circulation in the City,
said Notice to be published four times, once during each week
for four consecutive weeks, the last publication to be not
less than five (5) nor more than twenty (20) days prior to the
time fixed in the Notice as the last day for the filing of
protests. In addition, the City Recorder shall mail a copy
of the Notice by United States Mail , postage prepaid, to each
BD15965 (PP) -4
owner of land to be assessed within the proposed District at
the last known address of such owner, using for such purpose
the names and addresses of said owners appearing on the last
completed real property assessment rolls of Salt Lake City,
Salt Lake County, and, in addition, a copy of the Notice shall
be mailed, postage prepaid, addressed to "Owner" at the street
number of each piece of improved property to be affected by
the assessment, said Notices to be so mailed not later than
ten ( 10) days after the first publication of the Notice of
Intention. If a street number has not been so assigned, then
the post office box, rural route number, or any other mailing
address of the improved property shall be used for the mailing
of the Notice. Said Notice of Intention shall be in
substantially the following form:
BD15965 (PE) -5-
NOTICE OF INTENTION
PUBLIC NOTICE IS HEREBY GIVEN that on the 6th day of
December, 1990, the City Council of Salt Lake City, Utah,
adopted a resolution declaring its intention to create a
special improvement district to be known as Salt Lake City,
Utah Lighting District No. 3 (the "District" ) . It is the
intention of the City Council to operate, maintain, patrol and
power lighting improvements within the District and to levy
special taxes as provided in Chapter 16, Title 10, Utah Code
Annotated 1953 , as amended, on the real estate lying within
the District for the benefit of which such taxes are to be
expended in the maintenance of such improvements.
DESCRIPTION OF DISTRICT AND ESTIMATED COSTS AND ASSESSMENTS
The District will be located within areas and boundaries
described by metes and bounds in the resolution of December 6,
1990. The resolution, maps and other information about the
District are available for examination in the offices of the
Salt Lake City Division of Transportation, 333 South 200 East,
Salt Lake City, Utah 84111. The streets and areas to be
included within the District and the estimated costs to be
assessed (the "Estimated Costs" ) are as follows:
BD15965 (P£) -6-
EXTENSION NO. 10-5H:
STREETS:
Regent Street, both sides from 1st South Street to
2nd South Street; Orpheum Avenue, both sides from
Regent Street to State Street
BOUNDARIES:
North - 1st South Street East - State Street
South - 2nd South Street West - Main Street
SERVICE PERIOD: April 1, 1991 to April 1, 1994
MAINTENANCE AND OPERATION COST:
Front feet of abutting property 1, 589.26
Total estimated cost $16, 337 . 59
Total estimated cost per front foot $10.28
Estimated cost of Abutter' s portion $12,253 . 19
Abutter' s estimated cost per front foot $7 . 71
Estimated cost of City' s portion $4, 084. 40
City' s estimated cost per front foot $2 . 57
EXTENSION NO. 10-9H:
STREETS:
1st South Street from West Temple Street to State
Street
BOUNDARIES:
North - South Temple Street East - State Street
South - 2nd South Street West - West Temple Street
SERVICE PERIOD: April 1, 1991 to April 1, 1994
BD15965 (PE) -7
MAINTENANCE AND OPERATION COST:
Front feet of abutting property 2 ,005 .91
Total estimated cost $78, 792 . 14
Total estimated cost per front foot $39 .28
Estimated cost of Abutter' s portion $59,094. 11
Abutter' s estimated cost per front foot $29 . 46
Estimated cost of City' s portion $19, 698. 04
City' s estimated cost per front foot $9 .82
EXTENSION NO. 10-10H:
STREETS:
2nd South Street, both sides from State Street to 2nd
East Street
BOUNDARIES:
North - 1st South Street East - 2nd East Street
South - 3rd South Street West - State Street
SERVICE PERIOD: April 1, 1991 to April 1, 1994
MAINTENANCE AND OPERATION COST:
Front feet of abutting property 1, 130. 01
Total estimated cost $58, 670. 12
Total estimated cost per front foot $51 . 92
Estimated cost of Abutter' s portion $44,002 . 59
Abutter' s estimated cost per front foot $38. 94
Estimated cost of City' s portion $14, 667 . 53
City' s estimated cost per front foot $12 .98
EXTENSION NO. 10-11H:
STREETS:
South Temple Street, south side from West Temple
Street to State Street
BOUNDARIES:
North - North Temple Street East - State Street
South - 1st South Street West - West Temple Street
SERVICE PERIOD: April 1 , 1991 to April 1, 1994
BD15965 (PF) -8
MAINTENANCE AND OPERATION COST:
Front feet of abutting property 1 , 108. 62
Total estimated cost $34, 500.25
Total estimated cost per front foot $31 . 12
Estimated cost of Abutter' s portion $25, 875 . 19
Abutter' s estimated cost per front foot $23 . 34
Estimated cost of City' s portion $8, 625 . 06
City' s estimated cost per front foot $7 . 78
EXTENSION NO. 10-12H:
STREETS:
Arlington Drive, both sides from Alta Street to 264. 4
feet west on south side of street and 182 feet west
on north side of street from Military Way; all of
Circle Way and part of Hilldon Avenue .
BOUNDARIES :
North - Federal Heights Drive East - Military Way
South - Military Way West - Alta Street
SERVICE PERIOD: April 1 , 1991 to April 1, 1994
MAINTENANCE AND OPERATION COST:
Front feet of abutting property 5, 453 . 95
Total estimated cost $24, 651 . 85
Total estimated cost per front foot $4. 52
Estimated cost of Abutter' s portion $18, 488 . 89
Abutter' s estimated cost per front foot • $3 . 39
Estimated cost of City' s portion $6, 162 . 96
City' s estimated cost per front foot $1 . 13
EXTENSION NO. 10-19G:
STREETS:
Main Street from 9th South Street to Harvard Avenue
on the east side and Fremont Avenue on the west side .
BOUNDARIES :
North - 9th South Street East - State Street
South - Fremont Avenue/ West - West Temple Street
Harvard Avenue
BD15965 (PF) -9-
SERVICE PERIOD: April 1, 1991 to April 1, 1994
MAINTENANCE AND OPERATION COST:
Front feet of abutting property 3 ,208. 64
Total estimated cost $31,252 . 15
Total estimated cost per front foot $9 . 74
Estimated cost of Abutter' s portion $23, 439 . 12
Abutter' s estimated cost per front foot $7.31
Estimated cost of City' s portion $7,813 .04
City' s estimated cost per front foot $2 . 44
EXTENSION NO. 10-20G:
STREETS:
Laird Avenue from Princeton Avenue to 15th East
Street; Laird and Uintah Circles north from Laird
Avenue.
BOUNDARIES:
North - Princeton Avenue East - 15th East Street
South - 13th South Street West - Princeton Avenue
SERVICE PERIOD: April 1, 1991 to April 1, 1994
MAINTENANCE AND OPERATION COST:
Front feet of abutting property 2 , 737 . 34
Total estimated cost $15,000. 62
Total estimated cost per front foot $5. 48
Estimated cost of Abutter' s portion $11,250. 47
Abutter' s estimated cost per front foot $4. 11
Estimated cost of City' s portion $3 , 750. 16
City' s estimated cost per front foot $1 . 37
EXTENSION NO. 10-22F:
STREETS:
Yalecrest Avenue from 18th east to 20th East.
BOUNDARIES:
North - Michigan Avenue East - 20th East Street
South - Herbert Avenue West - 18th East Street
BD15965 (PP) -10-
SERVICE PERIOD: April 1, 1991 to April 1, 1994
MAINTENANCE AND OPERATION COST:
Front feet of abutting property 3 ,038. 44
Total estimated cost $12 , 761 . 45
Total estimated cost per front foot $4.20
Estimated cost of Abutter' s portion $9,571 . 09
Abutter' s estimated cost per front foot $3 . 15
Estimated cost of City' s portion $3 , 190. 36
City' s estimated cost per front foot $1 .05
EXTENSION NO. 10-23F:
STREETS:
21st South Street from 7th East Street to 13th East
Street; list East Street from Ramona Avenue to 21st
South Street; Highland Drive from 21st South Street
to Stringham Avenue on the east and Ashton Avenue on
the West.
BOUNDARIES:
North - Ramona Avenue East - 13th East Street
South - Ashton/Stringham West - 7th East Street
Avenues
SERVICE PERIOD: April 1, 1991 to April 1, 1994
MAINTENANCE AND OPERATION COST:
Front feet of abutting property 13 , 698. 71
Total estimated cost $100, 053 . 82
Total Estimated cost per front foot $7 . 30
Estimated cost of Abutter' s portion $75, 040. 36
Abutter' s estimated cost per front foot $5. 48
Estimated cost of City' s portion $25, 013 . 45
City' s estimated cost per front foot $1 . 83
EXTENSION NO. 10-24F:
STREETS:
Herbert Avenue from 18th East Street to 20th East
Street; Princeton Avenue from 20th East to Princeton
Avenue; Yale Avenue from Princeton Avenue to 21st East
Street.
BD15965 (PP) -11-
BOUNDARIES:
North - Michigan Avenue East - 21st East Street
South - Yale Avenue West - 18th East Street
SERVICE PERIOD: April 1, 1991 to April 1, 1994
MAINTENANCE AND OPERATION COST:
Front feet of abutting property 5, 186. 19
Total estimated cost $19, 707. 52
Total estimated cost per front foot $3 .80
Estimated cost of Abutter' s portion $14, 780. 64
Abutter' s estimated cost per front foot $2 .85
Estimated cost of City' s portion $4,926.88
City' s estimated cost per front foot $0.95
EXTENSION NO. 10-38E:
STREETS:
Skyline Drive from Foothill Drive to Wasatch Drive.
BOUNDARIES:
North - Kensington Avenue East - Wasatch Drive
South - 17th South Street West - Foothill Drive
SERVICE PERIOD: April 1, 1991 to April 1, 1994
MAINTENANCE AND OPERATION COST:
Front feet of abutting property 3 , 433 .49
Total estimated cost $20,944.29
Total estimated cost per front foot $6. 10
Estimated cost of Abutter' s portion $15, 708.22
Abutter' s estimated cost per front foot $4. 58
Estimated cost of City' s portion $5,236. 07
City' s estimated cost per front foot $1 .53
EXTENSION NO. 10-40E:
STREETS:
Exchange Place from Main Street to State Street
BD15965 (PF) -12-
BOUNDARIES:
North - 3rd South Street East - State Street
South - 4th South Street West - Main Street
SERVICE PERIOD: April 1, 1991 to April 1, 1994
MAINTENANCE AND OPERATION COST:
Front feet of abutting property 954.00
Total estimated cost 9, 616. 32
Total estimated cost per front foot $10. 08
Estimated cost of Abutter' s portion $7,212 .24
Abutter' s estimated cost per front foot $7 . 56
Estimated cost of City' s portion $2,404.08
City' s estimated cost per front foot 2 . 52
EXTENSION NO. 10-41E:
STREETS:
Buccaneer Drive, Capistrano Drive, Nocturne Drive and
American Beauty Drive from 10th North Street to Dupont
Avenue; Dupont Avenue, 10th and 12th North Street from
Buccaneer Drive to Victoria Way; Tally Ho Street,
Taffeta Drive, Topaz Drive, Chicago Street and
Victoria Way all north of 10th North.
BOUNDARIES:
North - Dupont Avenue East -Victoria Way
South - 10th North Street West - Buccaneer Street
SERVICE PERIOD: April 1, 1991 to April 1, 1994
MAINTENANCE AND OPERATION COST:
Front feet of abutting property 31,400. 46
Total estimated cost $54,008 . 00
Total estimated cost per front foot $1 . 72
Estimated cost of Abutter' s portion $40, 506. 00
Abutter' s estimated cost per front foot $1 . 29
Estimated cost of City' s portion $13 , 502 . 00
City' s estimated cost per front foot $0. 43
BD15965 (PE') -1 3-
EXTENSION NO. 10-42E:
STREETS:
South Temple, north side only from State Street to
West Temple.
BOUNDARIES:
North - North Temple Street East - State Street
South - 1st South Street West - West Temple Street
SERVICE PERIOD: April 1, 1991 to April 1, 1994
MAINTENANCE AND OPERATION COST:
Front feet of abutting property 1,330
Total estimated cost $18,274.20
Total estimated cost per front foot $13 . 74
Estimated cost of Abutter' s portion $13, 705 . 65
Abutter' s estimated cost per front foot $10. 31
Estimated cost of City' s portion $4, 568. 55
City' s estimated cost per front foot $3 . 44
EXTENSION NO. 10-47D:
STREETS:
3rd South Street from Main to State Streets.
BOUNDARIES:
North - 2nd South Street East - State Street
South - 4th South Street West - Main Street
SERVICE PERIOD: April 1, 1991 to April 1, 1994
MAINTENANCE AND OPERATION COST:
Front feet of abutting property 1, 075
Total estimated cost $40, 549 . 00
Total estimated cost per front foot $37 . 72
Estimated cost of Abutter' s portion $30, 411 . 75
Abutter' s estimated cost per front foot $28.29
Estimated cost of City' s portion $10, 137 .25
City' s estimated cost per front foot $9 . 43
BD15965 (PF) -14-
EXTENSION NO. 10-48D:
STREETS:
Garnette Street from 9th North to Carousel Street;
Carousel Street from Dupont Avenue to Garnette Street.
BOUNDARIES:
North - Dupont Avenue East - 15th West Street
South - 10th North Street West - Jordan River
SERVICE PERIOD: April 1, 1991 to April 1, 1994
MAINTENANCE AND OPERATION COST:
Front feet of abutting property 4,879.99
Total estimated cost $9,906.38
Total estimated cost per front foot $2 .03
Estimated cost of Abutter' s portion $7, 429. 78
Abutter' s estimated cost per front foot $1 . 52
Estimated cost of City' s portion $2, 476. 60
City' s estimated cost per front foot. $0. 51
EXTENSION NO. 10-56B:
STREETS:
Donner Way - 996 South Street to 1139 South Street,
Chaucer Place, Dickens Place, Shakespeare Place,
Thackery Place.
BOUNDARIES:
North - Kennedy Drive East - City Limits
South - Thackery Place West - Donner Way
SERVICE PERIOD: April 1, 1991 to April 1, 1994
MAINTENANCE AND OPERATION COST:
Front feet of abutting property 4,262 . 80
Total estimated cost $6, 522 . 08
Total estimated cost per front foot $1 . 53
Estimated cost of Abutter' s portion $4, 8791 . 56
Abutter' s estimated cost per front foot $1 . 15
Estimated cost of City' s portion $1, 630. 52
City' s estimated cost per front foot $0. 38
BD15965 (PF) -15-
EXTENSION NO. 10-69A:
STREETS:
South Temple Street, north side from West Temple
Street to 2nd West Street and both sides from 2nd West
Street to 3rd West Street.
BOUNDARIES:
North - North Temple Street East - 2nd West Street
South - 1st South Street West - 3rd West Street
SERVICE PERIOD: April 1, 1991 to April 1, 1994
MAINTENANCE AND OPERATION COST:
Front feet of abutting property 2, 565 . 19
Total estimated cost $44,272 .80
Total estimated cost per front foot $17 .26
Estimated cost of Abutter' s portion $33,204. 60
Abutter' s estimated cost per front foot $12 . 94
Estimated cost of City' s portion $11,068.20
City' s estimated cost per front foot $4.31
EXTENSION NO. 10-70A:
STREETS:
3rd South Street from West Temple Street to 2nd West
Street
BOUNDARIES:
North - 200 South Street East - West Temple Street
South - 400 South Street West - 200 West Street
SERVICE PERIOD: April 1, 1991 to April 1, 1994
MAINTENANCE AND OPERATION COST:
Front feet of abutting property 1,259 . 94
Total estimated cost $27, 718 . 68
Total estimated cost per front foot $22 .00
Estimated cost of Abutter' s portion $20, 789 . 01
Abutter' s estimated cost per front foot $16. 50
Estimated cost of City' s portion $6,929 . 67
City' s estimated cost per front foot $5 . 50
BD15965 (PE') -16-
INTENDED IMPROVEMENTS
The improvements shall consist of operating, maintaining,
patrolling, and providing power to street lights located
within Salt Lake City Lighting District No. 3 as described
above. Also included in the Estimated Costs for some of the
Extensions is a portion of the capital cost of the lighting
fixtures and improvements.
BASIS FOR ASSESSMENT
It is proposed to levy assessments on property in the
District to pay all or a portion of the Estimated Costs
according to the benefits derived by such property by levying
an assessment on all property in the District according to
front footage. Estimated Costs include, among other things,
power costs, patrolling, a reserve for replacement of lighting
fixtures and improvements, any other operation and maintenance
expenses, a portion of the capital costs of the lighting
fixtures and improvements, any debit or credit balances
carried forward from previous charges and expenses for
lighting and administrative costs. The total estimated cost
of all services is $623 , 540.00 as determined by the City
Transportation Engineer, of which the City' s portion is
estimated to be $155, 885. 00 and the remainder is to be paid
as estimated above by an assessment to be levied upon property
fronting or abutting upon or adjacent to the system to be
serviced, or which may be affected by or specifically
BD15965 (PF) -17-
benefitted by any of such services. If the actual cost of the
improvements exceeds the estimated cost, the governing body
shall nevertheless have the right to levy assessments in
excess of the estimated cost.
Assessments shall be payable in three (3 ) yearly
installments (the "Assessment Installment" or "Installments" ) ,
with interest on any delinquent Assessment Installment at the
rate of eighteen percent (18%) per annum until paid. The
whole or any part of the assessment may be paid without
interest within 15 days (the "Cash Payment Period" ) after the
ordinance levying the assessment becomes effective, but the
first Assessment Installment shall be due and payable during
the Cash Payment Period. Future Assessment Installments may
be adjusted to reflect changes in operation and maintenance
costs and any balances or deficits resulting from the previous
year' s operations. Property owners paying the total
assessment, or any portion of any future Assessment
Installment prior to reduction of any future Assessment
Installment, will not receive a rebate. If, because of energy
rate increases, or for any other reason, adjustments of
Assessment Installments result in an increase in the total
assessment, notice of such proposed increase will be given and
a public hearing will be held prior to levying of the increase
in the total assessment. This requirement shall not apply
BD15965 (P£) -18-
where an increase in an Assessment Installment does not result
in an increase in the assessment.
TIME FOR FILING PROTESTS
All protests or objections to such services or the
creation of the District or to the carrying out of such
intention MUST BE IN WRITING, signed by the owners of the
property affected or benefitted by such services, describing
or otherwise identifying said property and its front footage.
WRITTEN NOTICE OF PROTESTS MUST BE FILED IN THE OFFICE
OF THE SALT LAKE CITY RECORDER, ROOM 415, CITY & COUNTY
BUILDING, ON OR BEFORE 5:00 o'clock p.m. on January 7, 1991 .
Thereafter at 6:00 p.m. , on January 8, 1991, the City Council
will meet at the City Council Chambers in the City & County
Building to hear and consider any such protests and objections
to the creation of the special improvement district or any
other objections thereto. The method for determining the
number of protests sufficient to defeat the District shall be
according to front footage.
BY ORDER OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
/s/ Kathryn Marshall
City Recorder
13D15965 (PF) -19-
Councilmember seconded the motion to adopt the
foregoing resolution. The motion and resolution were
unanimously adopted on the following recorded vote:
Those voting AYE:
Those voting NAY:
BD15965 (PP) -20-
After the conduct of other business not pertinent to the
above, the meeting was, on motion duly made and seconded,
adjourned.
Chair
ATTEST:
City Recorder
( S E A L )
HD15965 (PF) _21_
PRESENTATION TO THE MAYOR
The foregoing resolution was presented to the Mayor for
his approval or disapproval on the 6th day of December, 1990.
Chair
MAYOR'S APPROVAL OR DISAPPROVAL
The foregoing resolution is hereby approved this 6th
day of December, 1990.
Mayor
BD15965 (PE') -22-
EXHIBIT "A"
LEGAL DESCRIPTIONS
EXTENSION NO. 10-5H:
AREA:
All of Lots 2 , 3 , 6, 7 and 8 inclusive, Block 70,
Plat "A" , Salt Lake City Survey.
EXTENSION NO. 10-9H:
AREA:
Lots 5 and 6, Block 69; Lots 5, 6, 7 and 8, Block
70; Lots 1 and 2, Block 95; and Lots 1, 2, 3 and 4,
Block 76; Plat "A" , Salt Lake City Survey.
EXTENSION NO. 10-10H:
AREA:
Lots 1 and 2 , Block 71 ; Lots 5, 6, 7 and 8, Block
56; Plat "A" , Salt Lake City Survey.
EXTENSION NO. 10-11H:
AREA:
Lots 5, 6, 7 and 8, Block 76; Lots 5 and 6, Block
75; Plat "A" , Salt Lake City Survey.
EXTENSION NO. 10-12H
AREA:
Lots 2 to 12 and 31, Block 23 ; Lots 1 to 13 , Block
22 ; Lots 1 to 3 , and 43 to 52 , Block 13 ; Lots 34 to
37, Lots 5, 6, and 8 to 11, Block 14; Lots 1 to 11,
Block 16; Lots 1 to 16, Block 17; and Lots 6 and 47
to 60, Block 15; Bonneville On-The-Hill Subdivision,
Part of Section 33 . Township 1 North, Range 1 East,
Salt Lake Base and Meridian.
EXTENSION NO. 10-19G
AREA:
All of Lots 7 to 14, Block 22 ; All of Lots 2 to 11,
Block 7 ; all of Lots 13 to 21, Block 10; Lot 17,
Block 22 .
BD15965 (PF) -23-
EXTENSION NO. 10-20G
AREA:
Lots 1 to 21 , Block 2 ; and Lots 2 to 14, Block 1 ;
Uintah Heights Addition Lots 1 and 20, Block 30;
Big Field Survey 5 acre Plat "C" . Lot 25 and Lots
26 to 33, Block 1; Lots 20 to 25, Block 2 ; Normandie
Heights.
EXTENSION NO. 10-22F
AREA:
Lots 1 to 13 , Block 1; and Lots 7 to 12, Block 2 ;
Yalecrest Heights Subdivision. Lot 15, Block 28;
Big Field Survey 5 acre Plat "C" . Lots 1 to 13 ,
Block A; and Lots 1 to 13, Block B; Yale Gardens
Subdivision. E 1/2 S.E. 1/4 Section 9, Township 1
South, Range 1 East.
EXTENSION NO. 10-23F:
AREA:
Lots 1, 18, 19 and 20, Block 1 ; Five Acre Plat "A" .
Lots 7 to 19 inclusive, Block 1 and 2 ; Perkins
Boulevard Addition, Five Acre Plat "A" . Lots 1, 2,
3 and 4, Block 1A, Five Acre Plat "A" . Lots 1 to
7 inclusive, Block 2 ; Lots 1 to 13 inclusive, Block
3 ; View City Subdivision. Lots 24 to 28 inclusive,
Block 11, Perkins 1st Addition to Grandview, Five
Acre Plat "A" . Lot 2 , Block 2 , Five Acre Plat "A" .
Lots 1 to 13 inclusive, Block 1 and 2 , Winfield
Subdivision, Five Acre Plat "A" . Lots 9 and 10,
Block 44, Ten Acre Plat "A" . Lot 10, Block 45, Ten
Acre Plat "A" . Lots 15 to 25 inclusive, Block 3 ,
Geneva Place. Lots 31 to 42 inclusive, Block 4,
Fairmont Springs Addition, Ten Acre Plat "A" . Lots
8 to 10, Block 46, Ten Acre Plat "A" . Lots 1 to 18
inclusive, Block 1 ; View City Subdivision and Lots
6, 7, Block 3 , Granite Subdivision Plat "A" . Lots
1 to 11 inclusive, Block 9 ; Lots 1 to 5 inclusive,
Block 7 ; and Lots 1 to 6 inclusive, Block 6; Union
Heights Subdivision, Ten Acre Plat "A" , Big Field
Survey. Lots 1 and 14 to 22, Block 2 ,Granite
Subdivision; and Lots 1 to 11 , Block 5,Union Heights
Subdivision;Northeast 1/4 of Section 20, Township
1 South, Range 1 East, Salt Lake Base and Meridian.
BD15965 (P£) -24-
EXTENSION NO. 10-24F:
AREA:
Lots 1 to 6, Block 2 ; Lots 1 to 12 , Block 3 ;
Yalecrest Heights Subdivision. Lots 15 and 16,
Block 28, Big Field Survey Five Acre Plat "C" . Lots
1 to 11, Block A; Lots 1 to 11, Block B; Yalecrest
Subdivision. Lot 13, Block A; Lot 13 , Block B Yale
Gardens. Lots 1, 2 and 3 , Block 4; Lots 1 and 2 ,
Block 5 ; Lots 6 to 15, Block 3 ; Lots 1 and 2, Block
1; Lots 1 to 6, Block 2 Fairway Subdivision; Lots
14, 15, 17 and 18, Block 27, Big Field Survey Five
Acre Plat "C" .
EXTENSION NO. 10-38E:
AREA:
Lots 1 to 19 and Lots 92 to 108, Skyline Heights
Subdivision.
EXTENSION NO. 10-40E:
AREA:
Lots 1 to 4, Block 52 Plat "A" Salt Lake City
Survey.
EXTENSION NO. 10-41E:
AREA:
All of Lots 1 to 39 inclusive, Rose Park 2nd Amended
Subdivision, Plat "P" . All of Lots 1 to 41
inclusive, Rose Park Subdivision, Plat "N" . All of
Lots 1 to 41 inclusive Rose Park Subdivision Amended
Plat "Q" . All of Lots 1 to 33 inclusive, Rose Park
Subdivision, Plat "R" . All of Lots 1 to 40
inclusive, Rose Park Subdivision, Plat "L" . All of
Lots 1 to 42 inclusive, Rose Park Subdivision, Plat
"K" . All of Lots 1 to 41 inclusive, Rose Park
Subdivision, Plat "J" . All of Lots 1 to 39
inclusive Rose Park Subdivision, Plat "H" . All of
Lots 1 to 32 inclusive, Rose Park Subdivision, Plat
"S" . All of Lots 1 to 32 inclusive, Rose Park
Subdivision, Plat "T" . All of Lots 1 to 32
inclusive, Rose Park Subdivision, Plat "U" . All of
Lots 1 to 42 inclusive, Rose Park Subdivision, Plat
"M" . All of Lots 6, 7 and 8, Block 69 of Kinney and
Gourlay' s improved City Plat, Section 26, Township
1 North, Range 1 West Salt Lake Base and Meridian.
All of Lots 9, 10 and 11, Block 68 of Kinney and
BD15965 (PF) -25-
Gourlay' s improved City Plat Section 26, Township
1 North, Range 1 West, Salt Lake Base and Meridian.
EXTENSION NO. 10-42E:
AREA:
All of Lots 1 to 4, Block 88 Plat "A" , Salt Lake
City Survey.
EXTENSION NO. 10-47D:
AREA:
Lots 1 and 2, Block 57; and Lots 5 to 8, Block 52
in Plat "A" Salt Lake City Survey.
EXTENSION NO. 10-48D:
AREA;
Lots 1 to 10 inclusive 12 to 15 inclusive, 20 and
21, Rose Park Plat J-1; Lots 1 to 10 inclusive 11,
13 to 15 and 17 to 19, Rose Park Plat H-1; Lots 1
to 22 inclusive, 30 to 34 inclusive, Rose Park Plat
K-1; All in the Northeast 1/4 Section 27, Township
1 North, Range 1 West, Salt Lake Base and Meridian.
EXTENSION NO. 10-56B:
AREA:
Lots 1 to 40 inclusive, The Neighborhood
Subdivision.
EXTENSION NO. 10-69A:
AREA:
All of Lots 5 and 8, Block 78; All of Lots 2 , 3 and
4, Block 84; All of Lots 2 and 8, Block 85 ; Lots 1
to 4, Block 86; Salt Lake City Survey Plat "A" , East
1/4 N.W. 1/4 N.E. 1/4 Sec . 1 Township 1 South, Range
1 West.
EXTENSION NO. 10-70A:
AREA:
All of Lots 1 and 2 , Block 59; Lots 5 to 8, Block
50; Salt Lake City Survey Plat "A" E. 1/4 S.W. 1/4
N.E. 1/4 Sec . 1 Township 1 South, Range 1 West.
BD15965 (PF) -26-
STATE OF UTAH )
. ss.
COUNTY OF SALT LAKE )
I , Kathryn Marshall, the duly chosen, qualified and
acting City Recorder of Salt Lake City, Salt Lake County,
Utah, do hereby certify as follows:
1. That the foregoing typewritten pages constitute
a full, true and correct copy of the record of proceedings of
the City Council at a regular meeting thereof held in said
Municipality on December 6, 1990 at the hour of 6:00 p.m. ,
insofar as said proceedings relate to the consideration and
adoption of a resolution declaring the intention of the City
Council to create Salt Lake City, Utah Lighting District No. 3
and make certain improvements therein described as the same
appears of record in my office; that I personally attended
said meeting, and that the proceedings were in fact held as
in said minutes specified.
2 . That due, legal and timely notice . of said
meeting was served upon all members as required by law and
the rules and ordinances of said Municipality.
3 . That the above resolution was deposited in my
office on December 6, 1990, has been recorded by me, and is
a part of the permanent records of Salt Lake City, Salt Lake
County, Utah.
BD15965 (PF) -2 /-
IN WITNESS WHEREOF, I have hereunto subscribed my
official signature and affixed the seal of said Municipality
this 6th day of December, 1990.
City Recorder
( S E A L )
BD15965 (PE) -28-
STATE OF UTAH ) AFFIDAVIT OF MAILING
: ss. NOTICE OF INTENTION
COUNTY OF SALT LAKE )
I , Kathryn Marshall, the duly chosen, qualified and
acting City Recorder of Salt Lake City, Salt Lake County,
Utah, do hereby certify that the attached Notice of Intention
was approved and adopted in the proceedings of the City
Council held on Thursday, the 6th day of December, 1990.
I further certify that on the day of
1990 (a date not later than ten (10) days after the first
publication of the Notice of Intention) I mailed a true copy
of the Notice of Intention to create Salt Lake City, Utah
Lighting District No. 3 by United States Mail, postage prepaid
to each owner of land to be assessed within the proposed
Special Improvement District at the last known address of such
owner, using for such purpose the names and addresses
appearing on the last completed real property assessment rolls
of Salt Lake County, and in addition I mailed on the same date
a copy of said Notice of Intention addressed to "Owner"
addressed to the street number, post office box, rural route
number, or other mailing address of each piece of improved
property to be affected by the assessment.
I further certify that a certified copy of said Notice
of Intention, together with profiles of the improvements and
a map of the proposed District, was on file in my office for
inspection by any interested parties.
BD15965 (PF) -29-
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the corporate seal of Salt Lake City, Salt Lake
County, Utah this day of , 1990.
City Recorder
( S E A L )
SD15965 (PF) -30-
(Affidavit of proof of publication of the Notice of
Intention to create Salt Lake City, Utah Lighting District
No. 3 . )
SD15965 (PE) -31-
CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW
I , the undersigned City Recorder of Salt Lake City, Salt
Lake County (the "City Recorder" ) , do hereby certify,
according to the records of the City Council in my official
possession, and upon my own knowledge and belief, that in
accordance with the requirements of Section 52-4-6(2 ) , Utah
Code Annotated 1953 , as amended, I gave not less than
twenty-four (24) hours public notice of the agenda, date, time
and place of the December 6, 1990 public meeting held by the
City Council as follows:
(a) By causing a Notice in the form attached hereto
as Exhibit "I" , to be posted at the offices of the Salt
Lake City Council on December 1990, at least
twenty-four (24) hours prior to the convening of the
meeting, said Notice having continuously remained so
posted and available for public inspection until the
completion of the meeting; and
(b) By causing a copy of such Notice, in the form
attached hereto as Exhibit "I" , to be delivered to the
Deseret News on December , 1990, at least twenty-four
(24) hours prior to the convening of the meeting.
BD15965 (PE) -32-
IN WITNESS WHEREOF, I have hereunto subscribed my
official signature this 6th day of December, 1990.
City Recorder
( S E A L )
BD15965 (PE) -33-
EXHIBIT "I"
to
Certificate of Compliance
Notice of City Council Meeting
BD15965 (PF) -34-
"
5
OFFICE OF THE CITY COUNCIL
CITY AND COUNTY BUILDING
451 SOUTH STATE STREET, ROOM 304
SALT LAKE CITY, UTAH 84111
TELEPHONE 535-7600
November 2 , 1990
MEMORANDUM
TO: COUNCILMEMBERS
FROM: JENNIFER NAPIER
SUBJECT: REVIEW OF MAYOR'S RECOMMENDATIONS FOR BOARD
APPOINTMENTS
I have attached a list of citizens who have been recommended by
Mayor DePaulis for various City boards . Would you please review
the list . If you have any concerns or comments about the Mayor ' s
recommendations , please contact me before November 15 . If you
have no objections , we will place them on the November 20 agenda .
Raw
OFFICE OF THE CITY COUNCIL
CITY AND COUNTY BUILDING
451 SOUTH STATE STREET, ROOM 304
SALT LAKE CITY, UTAH 84111
TELEPHONE 535-7600
MAYOR'S RECOMMENDATIONS FOR BOARD REAPPOINTMENTS
HOUSING AUTHORITY
Lee King to be appointed to his first full term extending
through October 27 , 1995 . Mr . King , formerly the Deputy
Director/Budget Analyst for the City Council , currently serves as
the City ' s Deputy Director of Community and Economic Development .
CIVIL SERVICE COMMISSION
Ronald G . Coleman to be appointed to his second term
extending through June 30 , 1993 . Mr . Coleman is an Assistant
Professor of History at the University of Utah and has extensive
experience in community functions , lectures , and publications .
He lives in District 5 .
HISTORICAL LANDMARK COMMITTEE
Pamela Grubaugh-Littig to be reappointed to her second term
extending through July 14 , 1993 . Ms . Grubaugh-Littig resides in
a Landmark District in District 3 , and is a Reclamation Engineer
for the Utah Division of Oil , Gas and Mining .
David E. Svikhart to be appointed to his first full term
extending through July 14 , 1993 . Mr . Svikhart , who lives in
District 7 , is the Vice President , Real Estate Owned Department
Manager of American Savings & Loan Association , and has been
involved in several community projects .
•
•
PALMER DEPAULIS 5.A ' ' M TS MEDi1
MAYOR
OFFICE OF THE MAYOR
CITY AND COUNTY BUILDING
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UTAH 84111
October 30, 1990 TELEPHONE 535-7704
Alan Hardman, Chairperson, and
Members of the Salt Lake City Council
451 South State Street, Room 304
Salt Lake City, Utah 84111
Dear Alan:
I am transmitting herewith recommendations for board appointments which I
would appreciate the Council to advise and consent upon:
HOUSING AUTHORITY
Lee King, to be appointed to his first full term extending
through October 27, 1995
CIVIL SERVICE COMMISSION
Ronald G. Coleman, to be appointed to his second term extending
through June 30, 1993
HISTORICAL LANDMARK COMMITTEE
Pam Grubaugh-Littig, to be reappointed to her second term
extending through July 14, 1993
David E. Svikhart, to be appointed to his first full term
extending through July 14, 1993
I would appreciate your consideration of these appointments and ask that they
be placed on the Council 's agenda at the earliest opportunity. If I can
provide you with any further information, please don't hesitate to call .
Si rely, eat:,
Ka.,,A-6
Mayor
PD/RBC:jf
Enc.
cc: Tina Hose
Rosemary Davis
Bill Rutherford
STAFF RECOMMENDATION
AMENDING CITY ORDINANCES TO REQUIRE THAT SERVICE ON ALL CITY
BOARDS AND COMMISSIONS ENDS WHEN TERM EXPIRES
DECEMBER 3, 1990
STAFF RECOMMENDATION BY: Ed Snow
ACTION REQUESTED_- BY COUNCIL: Amend several sections of the Salt
Lake City Code relating to the appointments to advisory boards.
BACKGR_OUND_ INFO RMATION: In researching the issue of limiting
terms for City boards and commissions, we discovered that, on
about half of the boards and commissions, members are explicitly
allowed to hold office after the expiration of their terms and
until the Mayor replaces them.
In an effort to make the City Code uniform and to eliminate
situations in which members served long after their terms
expired, the Council asked that all appropriate City Codes be
amended. The amendments remove previous provisions which allow a
director on a board to continue to hold office after the
expiration of his or her term.
The proposed package amends the Airport Authority, the Tracy
Aviary Board, the Library Board, the Central Business Improvement
District Advisory Board, the Recreation Advisory Board, the Golf
Advisory Board, the Public Utilities Advisory Committee, the
Community Development Advisory Committee, the Housing Advisory
and Appeals Board and the Board of Adjustment.
STAFF ANALYSIS: The package of amendments achieves the stated
policy of the Council that all members of City boards and
commissions will cease to serve once their terms have expired.
The City Code is silent about service beyond the expiration of
terms for about half of the City's hoards and commissions.
However, the City Attorney' s office has opined that this silence
is tantamount to a policy that a member ' s service ends when his
or her term ends.
If the amendments are adopted, City staff will have to make a
concentrated effort to expedite the paper work and scheduling for
board appointments. If members of boards and commissions are not
promptly appointed or reappointed, there could be possible
problems in having enough members present a certain board
meetings to constitute a quorum and to carry on important,
pressing City business.
PAGE TWO
RECOMMENDED ACTION:
Adopt the amendments to various ordinances governing those boards
and commissions in question.
SUGGESTED MOTION:
I move that we adopt the motion which amends the Salt Lake City
Code relating to the appointments to advisory boards.
C3 .
NovIF.,(grgEty DI) rr.
1990
SALT LAKE CITY COUNCIL
ROGER F. CUTLER , r s� ia� [����, \D/e PIE ASSISTANT ATTORNEYS
CITY ATTORNEY RAY L. MONTGOMERY
STEVEN W. ALLRED LAW DEPARTMENT GREG R. HAWKINS
DEPUTY CITY ATTORNEY CITY AND COUNTY BUILDING LARRY V. SPEND
LOVE
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 GLEN A. COOK
801 535-7640 JANICE L. FROST
FAX
(801) MARSHA ATKIN
November 5, 1990
Alan Hardman, Chairperson
Salt Lake City Council
451 South State
Salt Lake City, Utah 84111
Re: Amending Sections 2 . 14 . 040, 2 . 22 . 040, 2 . 28 . 030,
2 . 36 . 030, 2 . 37 . 040, 2 . 38 . 030, 2 . 40 . 030, 2 . 41 . 040
18 . 48 . 040 and 21 . 06 . 010, of the Salt Lake City
Code relating to the appointments to advisory
boards
Dear Chairperson Hardman:
Attached, in both legislative and non-legislative
forms, is an amendment to the ordinances relating to the
appointments to advisory boards . The amendment removes
provisions which allow a director on a board to continue to
hold office after the expiration of his or her term.
If you have any questions please feel free to contact
me.
Sincerely,
FRANK M. NAKAMURA
Assistant City Attorney
FMN:cc
Enclosure
t. ,
lrt:1A L771
SALT LAKE CITY ORDINANCE
No. of 1990
(Appointments to Advisory Boards )
AN ORDINANCE AMENDING SECTIONS 2 . 14 . 040, 2 . 22 . 040,
2 . 28 . 030, 2 . 36 . 030, 2 . 37 . 040, 2 . 38 . 030, 2 .40 . 030, 2 . 41 . 040,
18 . 48 . 040 AND 21 . 06 . 010, OF THE SALT LAKE CITY CODE,
RELATING TO APPOINTMENTS TO ADVISORY BOARDS.
Be it ordained by the City Council of Salt Lake City,
Utah:
SECTION 1 . That Section 2 . 14 . 040 of the Salt Lake City
Code, relating to the Airport Authority, be and the same
hereby is, amended as follows :
2.14.040 Appointment--Oath of office.
All appointments of directors of the authority shall be
made by the mayor, with the advice and consent of the city
council . All appointments shall be made for a four-year
term, except when the appointment is to fill the unexpired
term of a resigning or deceased director, in which case,
such appointment shall be for the unexpired term. Each
director' s term of office shall expire on the applicable
third Monday in January_ [but ouch director shall continuc
qualificd. ] Each director shall be considered an employee
of the city, and shall have such rights and protections and
shall have such duties as are by law afforded to or are
imposed upon city employees , but they shall not receive the
salary, hourly pay or fringe benefits provided other
employees . Directors of the authority shall sign the oath
of office required by law to be signed by city officials and
file the same in the office of the city recorder. Every
director who shall fail within ten days after notification
of his/her appointment to file with the city recorder
his/her oath of office to perform faithfully, honestly and
impartially the duties of his/her office, shall be deemed to
have refused such appointment, and thereupon another person
shall be appointed in the manner prescribed in this code.
SECTION 2 . That Section 2 . 22 . 040 of the Salt Lake City
Code, relating to the Tracy Aviary Board, be and the same
hereby is, amended as follows :
2.22. 040 Appointment--Oath of office.
All appointments of members of the Tracy Aviary board
shall be made by the mayor with the advice and consent of
the city council, pursuant to a duly adopted executive order
of the mayor. All removal shall be by executive order of
the mayor. In making initial appointments, the mayor shall
with the advice and consent of the council, designate three
members to serve two years, five to serve three years, and
five members to serve four years . Any fraction of a year in
the initial appointment shall be considered a full year.
Thereafter, all appointments shall be made for a four-year
term. Each member' s term of office shall expire on the
applicable third Monday in October. [but he or she shall
-2-
continue to hold that effiee rail his er her successor is
appointed and qualified. ] Each member shall perform service
on a voluntary basis without compensation and on such basis
shall be immune from liability with respect to any decision
or action taken during the course of those services as
provided by Utah Code Annotated, Section 63-3-1 et seq. ,
1953 , as amended, or its successor. Members shall sign the
oath of office required by law to be signed by city
officials and file the same in the office of the city
recorder. Every member who shall fail within ten days after
notification of his or her appointment to file with the city
recorder his or her oath of office to perform faithfully,
honestly and impartially the duties of the office, shall be
deemed to have refused such appointment, and thereupon
another person shall be appointed in the manner prescribed
in these ordinances . Vacancies occurring in the membership
of the board shall be filled by appointment by the mayor
with the advice and consent of council for the expired term.
SECTION 3 . That Section 2 . 28 . 030 of the Salt Lake City
Code, relating to Library Board, be and the same hereby is ,
amended as follows :
2 . 28 . 030 Library board of directors--Terms--Election
of officers--Removal and vacancies.
A. Directors shall be appointed for three years . [er
until their successors are appointed. ] Initial appointments
and terms of office shall be those of the current library
-3-
board. Annually thereafter the board of directors shall,
before the first day of July of each year, appoint for
three-year terms directors to take the place of retiring
directors . Directors shall not serve for more than two full
terms in succession.
B. * * *
* * *
SECTION 4 . That Section 2 . 36 . 030 of the Salt Lake City
Code, relating to Central Business Improvement District
Advisory Board, be and the same hereby is, amended as
follows :
2 . 36.030 Appointment--Oath of office.
All appointments of directors of the board shall be
made by the mayor with the advice and consent of the
council . In making initial appointments , the mayor shall,
designate two directors to serve one year, two to serve two
years , two to serve three years, and two to serve four
years . Any fraction of a year in the initial appointment
shall be considered a full year. Thereafter, all
appointments shall be made for a four-year term. Each
director' s term of office shall expire on the applicable
third Monday in January. [but a director who3c term has
appointed and qualified. ] Each director shall perform
service on a voluntary basis without compensation.
Directors shall sign the oath of office required by law to
-4-
Y cit officials and file the same in the office
be signed by withinof the city recorder. Every director who shall fail,
ten days aft
er notification of appointment, to file with the
city
recorder the required oath of office, shall be deemed
to have refused such appointment, and thereupon another
person shall be appointed in the manner prescribed in this
code . Vacancies occurring in the membership of the board
shall
be filled for the unexpired term by appointment by the
mayor.
SECTION 5 . That Section 2 . 37 .040 of the Salt Lake City
Code, relating to Recreation Advisory Board be, and the same
hereby is, amended as follows :
2.37 .040 Appointment of members--Oath of office.
All appointments of members of the recreation advisory
d shall be made by the mayor with the advice and consent
boar the
of the city council .
In making initial appointments,
or shall, with the. advice and consent of the council,
ma y
designate one member to serve one year, two to serve two
years , two to serve three years , and two to serve four
ointment
years . Any fraction of a year in the initial app
ear. Thereafter, all
shall be considered a full Y Each
ear term.
appointments shall be made for a four-Y livable third
member' s term of office shall expire on the applicable
Monday in January_ L
eittaied-, ] In
exercising his or her discretion in making
-5-
appointments
to the recreation advisory board, the mayor
shall, where advisable, take into consideration the geographic diversity Each member shall
with the city.
compensation
service on a voluntary basis without comp
perform with
such basis shall be immune from liability
and on respect to any decision or action taken during the course of
Section
those services as provided by Utah Code Annotated,
1953) as amended, or successor sections .
63-30-1 , et seq. ( aired by law to be
n the oath of office req
Members shall sign Y the office of
b city officials and file the same in
signed
recorder. Any member who shall fail
within ten
the city ointment to file
or her oath of office to perform
days after notification of his or her appointment
with the city recorder his of the
honestly and impartially the duties
faithfully, ontment,
shall be deemed to have refused such app i the
office, ointedin
and thereupon another person shall be app
ribed in this chapter, or its successor .
manner Presc of the board shall be
Vacancies occurring in the membership
filled by appointment by the mayor with the advice and
fired term•
consent of the city council for the unexp
SECTION 6 . That Section 2 . 38 . 030 of the Salt Lake City
Code, relating
to Golf Advisory Board, be and the same
hereby is , amended as follows : of office--
2 _38 .030 Appointment--Compensation--Oath
Vacancies .
-6-
A. All appointments of members of the golf advisory
board shall be made by
the mayor with the advice and consent
duly adopted executive
of the city council, pursuant to a
of the mayor . All removals shall be by
executive
order the
order of the mayor. In making initial appointments ,the council,
shall with the advice and consent of
mayor two
designate
one member to serve one year, two to serve
to serve our
years , two to serve three Years , and two ointment
y fraction of a year in the initial apP
years .shall be considered a Thereafter, all
full year.
Each
appointments shall be made for a four-y ear term.the applicable third
P ire on
member' : term of office shall exp
Monday in January_ [ •
. ]
B. * * *
* * *
SECTION 7 . That Section 2 .40 .030 of the Salt Lake City
be
Code, relating
to public Utilities Advisory Committee,
nd the same hereby is , amended as follows :
a Oath of office.
2 .40 .030 Appointment—Term—
ointments and removals of members of the and
All appointments with the advice
committee shall be made by the mayor,
consent of the city council .
In making initial
appointments ,
the council shall designate one member to
two to serve three
serve one year, three to serve two years ,
-7-
years , and three to serve four years . At least three
must reside
at the time of their appointment,
members , of the city; provided,
outside of the corporate limits
however, their placethe county
of residence shall be within water
the city
thin the service districts supplied by
and wi ear in the initial
department. Any fraction of a Y Thereafter,
year.ointment shall be considered a full Y Each
appointment ear term.
all appointments shall be made for a four-year applicable
P on th
member' s term of office shall expire
third Monday in January_
, 1 Each
member shall perform service on a
voluntary basis
without compensation, and on such basis
decision
shall be immune from liability
with respect to any
taken during the course of those services,
as
or action notated,
1953 , as
provided by Section 63-306-2 , Utah Code An
the committee shall
amended, or its successor. Members of
signed by city
sign the oath of office required by law to be
officials and
file the same in the office of the city
ten days after
recorder. Every member who shall fail within
notification of such member' s appointment to file with the
erf orm
recorder such member' s oath of office to p
city faithfully, honestly and impartially the duties of his or
be deemed to have refused such
her office, shall erson shall be appointed
and thereupon another p
appointment, Vacancies occurring
in the manner prescribed in this code .
-8-
,
of the committee shall be filled by '`,
in the membership the unexpired term• i`
the city council for City
appointment by 2 .41 .040 of the Salt Lake
That SectionCommittee
SECTION 8 •
to Community Development Advisory Comm
Code relating amended as follows:
be, and the same hereby is ,
Appointment
—Oath of office.
Appo shall
2.41.040 of the committee
ointments of members the city
A. All app advice and consent of
be made by the mayor with the council • or shall,
In making initial appointments ,
the may
nt of the council, designate five
advice and copse ears , and five
with the five to serve two Y
members to serve one year, shall be
all appointments
three years • Thereafter of office
to serve er' s term
term• Each memb t—he
a three-year Monday in July_-
made for first M
shall expire on the applicable
1 Each member shall
perform service on a voluntary basis without compensation
such basis shall be immune from
liability with
and on action taken during the course of
to any decision or notated, Section
respect Utah Code An
these services , as provided by sections .
1953) as amended, or successor
63-3-1 et seq. � office
sign the oath offfice required by law to be
office of
Members shallsame in the
city officials and file the
signed by member who shall fail within ten
Every t
the city recorder • appointment to file
after notification of his or her
days is or her oath of office to perform
with the city recorder h
-9-
faithfully, honestly and impartially the duties of the
office, shall be deemed to have refused such appointment,
and thereupon another person shall be appointed in the
manner prescribed in this chapter, or its successor.
Vacancies occurring in the membership of the board shall be
filled by appointment by the mayor with the advice and
consent of the council for the expired term.
B. * * *
SECTION 9 . That Section 18 .48 . 040 of the Salt Lake
City Code, relating to the Housing Advisory and appeals
board, be and the same hereby is, amended as follows :
18.48.040 Housing advisory and appeals board.
* * *
(b) Membership and terms . HAAB shall consist of ten
( 10 ) members who are not employees of the City who shall be
appointed by the Mayor with the advice and consent of the
City Council . Members shall hold office for a term of three
years . Terms shall be staggered so that the regular terms
of no more than four members shall terminate in any one
year. [Members shall serve until their duly appointcd
ouccce . ] Any successor appointed to fill
a vacancy on the Board shall serve out the original term,
and may be eligible to serve for additional terms .
SECTION 10 . That Section 21 . 06 . 010 of the Salt Lake
City Code, relating to the Board of Adjustment, be and the
same hereby is, amended as follows :
-10-
21.06 .010 Created--Membership, term and compensation.
A. Organization. Pursuant to Section 10-9-6 , Utah
Code Annotated, 1953, or its successor, and in order to
carry out the provisions thereof, there is created a board
of adjustment, which shall consist of five members, each of
whom shall be appointed by the mayor with the advice and
consent of the city council for a term of five years . [or
until a successor is appointed and qualificd. ]
SECTION 11 . This ordinance shall take effect on 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
-11-
ROGER F. CUTLER 1, r i a_4 v liNitaf I,�.ilr ASSISTANT ATTORNEYS
CITY ATTORNEY RAY L. MONTGOMERY
STEVEN W. ALLRED LAW DEPARTMENT GREG R. HAWKINS
DEPUTY CITY ATTORNEY CITY AND COUNTY BUILDING LARRY V. SPEND
LOVE
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 JANICE L. FROST
MARSHA ATKIN
FAX (801) 535-7640 NICHOLAS D'ALESANDRO
JUDITH L.C. WEST
December 4 , 1990
Salt Lake City Council
304 City & County
Salt Lake City, Utah 84111
Re: Residential demolition moratorium
Dear Chairman Hardman and Council Members :
Pursuant to a request I received the morning of
December 4 , 1990, I have prepared a draft moratorium
ordinance in compliance with the state authorization in
Section 10-9-18 (g) Utah Code Ann. , 1953 . Because of the
shortness of time to meet your packet deadline for the
afternoon of December 4th, I have not had the opportunity to
submit this draft to all affected City departments ;
therefore, it is in the nature of a preliminary draft for
discussion.
Please note, however, that notwithstanding the State
enabling power for such moratoriums , there have been
significant changes in federal and state law concerning the
question of inverse condemnation and interim damages for
overbroad regulations . This moratorium constitutes a total
ban on a demolition, which may expose the City to liability
for inverse condemnation or temporary takings . Because of
the uncertainty of the future evolution in this area of the
law, I have recommended that you use this process advisedly
and narrow its scope, its duration, and area, as much as
possible to achieve your objectives .
The instructions I have received (which are reflected
in this draft) are that it is to apply City-wide and to all
Salt Lake City Council
December 4, 1990
Page -2-
residential dwelling units . You should consider this matter
in the context of potential liability and with the
understanding that this office cannot certify that the City
has no exposure to liability, under the above referenced
law. All we are able to affirm is that the State enabling
power exists in the City to undertake this action; however,
each factual circumstance must be individually appraised to
determine potential liability.
With regard to the issues of liability and the desire
to remove buildings that are hazardous, by virtue of an
earthquake, fire or other structural weaknesses, I have
included an exception for such circumstances . Also, to
minimize the liability component, I have provided for an
appeal process through the Housing Advisory and Appeals
Board. Before claiming damages, an individual would have to
make an application for this process; thereby, the City will
be in a position to evaluate extraordinary circumstances and
minimize the possibility of being unreasonable or unfair to
a citizen and thereby have exposure to financial damages .
By copy of this letter, I am informing the Mayor' s
office and the City' s Planning and Zoning Department of this
draft. They may comment directly to you regarding desired
amendments or modifications .
Sincerely,
j
ROGER. CUTLER
:-City j ttorney
RFC:cc
cc: Mike Zuhl
Brent Wilde
Harvey Boyd
Bruce Baird
1:1 It A 1: T
SALT LAKE CITY ORDINANCE
No. of 1990
(Demolition Permits)
AN ORDINANCE AMENDING CHAPTER 64 OF TITLE 18 OF THE
SALT LAKE CITY CODE, RELATING TO DEMOLITION PERMITS BY
ADDING THERETO A NEW SECTION 18. 64 . 070.
WHEREAS, the City Council is vitally concerned with the
preserving the vitality of its residential neighborhoods and
retaining its housing stock, particularly its irreplaceable
low income housing inventory; and
WHEREAS, the City Council has become aware of a
material threat to these said objectives by commercial
encroachments into neighborhoods and by resultant requests
for demolition permits of residential dwellings; and
WHEREAS, Community Council and other concerned
residents of the City have lobbied for relief through
various legislative initiatives, including the enactment of
an ordinance more closely monitoring and controlling such
demolition; and
WHEREAS, the Council is also sensitive to the property
rights of those owning property and their desires to
improve, upgrade and otherwise beneficially use their
assets; and
WHEREAS, the Council is committed to the economic
development of the City and to encouraging a viable
commercial and industrial component in the City; and
WHEREAS, balancing these sometimes conflicting goals
and objectives is difficult; however, the City Council is
currently attempting such a balance through consideration of
a new ordinance regulating and establishing new procedures
for the granting of demolition permits for residential
buildings; and
WHEREAS, a proper evaluation of the competing values
and issues in such a demolition ordinance amendment requires
time and study, in order to receive input from interested
parties and organizations in the community; but, irreparable
harm will be done, if these residential structures are
destroyed before that evaluation process is completed and
the law adopted; and
WHEREAS, Utah law permits a moratorium for a period of
time not exceeding six ( 6 ) months to preserve the status quo
during such an evaluation period, under Section 10-9-18 (g)
Utah Code Ann. , 1953; and
WHEREAS, after deliberations, the City Council is of
the opinion that there is a compelling public need and
interest that requires a moratorium to prevent irreparable
loss of housing stock during its deliberative process on
demolitions;
NOW THEREFORE, be it ordained by the City Council of
Salt Lake City, Utah:
SECTION 1 . That Chapter 64 of Title 18 of the City
Code relating to demolition permits be and the same is
-2-
hereby amended by adding Section 18 . 64 .070 relating to a
moratorium regarding the granting of demolition permits for
the destruction of residential dwellings within the City, as
follows :
18.64.070 Temporary Moratorium.
A. Notwithstanding anything in this' chapter to the
contrary, no demolition permit which would authorize the
destruction or removal of a building containing a
residential dwelling unit may be granted by the City for a
period of six months from the effective date of this
ordinance or until such sooner time as the City Council
adopts an amendment to Chapter 64 of Title 18 of this City
Code, unless the City determines that the structure involves
an enforcement action by the City pursuant to this title or
the Uniform Housing Code for the Abatement of Dangerous
Buildings .
B. Right to appeal . All parties impacted by this
temporary moratorium can appeal the provisions thereof to
the Housing Advisory and Appeals Board (HAAB) , under the
procedures of section 18 . 64 . 060 of the City Code. The HAAB
may authorize the building official or, otherwise, may grant
relief upon evidence of extreme hardship or other special
mitigating circumstances . In granting relief from this
moratorium, the HAAB shall consider the impact that
permitting the destruction of a residential unit would have
on the low income housing stock in the City and the value of
-3-
preserving neighborhoods and the residential character of
the surrounding environs .
SECTION 2 . In the opinion of the City Council of Salt
Lake City, Utah, it is necessary to the peace, health and
welfare of the inhabitants of Salt Lake City that this
moratorium be imposed immediately to preserve the status quo
until it can fully consider the impacts of amending the
demolition ordinance as it currently exists in City law.
SECTION 3 . This ordinance shall take effect
immediately upon 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
-4-
ATTEST:
CITY RECORDER
RFC:cc
12/4/90
-5-
BD15775 (PE) \�
Salt Lake City, Utah
December 6, 1990
A regular meeting of the City Council of Salt Lake City,
Salt Lake County, Utah, was held on Thursday, December 6,
1990, at the hour of 6: 00 p.m. at the offices of the City
Council at 451 South State Street, Salt Lake City, Utah at
which meeting there were present and answering to roll call
the following members who constituted a quorum:
Alan Hardman Chair
Nancy Pace Vice Chair
L. Wayne Horrocks Councilmember
Thomas M. Godfrey Councilmember
Ronald Whitehead Councilmember
Roselyn N. Kirk Councilmember
Don C. Hale Councilmember
Also present:
Palmer A. DePaulis Mayor
Roger Cutler City Attorney
Kathryn Marshall City Recorder
Absent:
None
After the conduct of other business not pertinent to the
following, the Chair stated that the City Engineer has
prepared the assessment rolls for Salt Lake City, Utah Curb
and Gutter Extension Special Improvement District No. 38-758
(the "District" ) for action and consideration by the Board of
Equalization and Review and by the City Council, which
assessment rolls are on file in the office of the City
Recorder and available for inspection by any interested
property owner.
Thereupon, Councilmember introduced the
following resolution in writing which was read in full and
moved its adoption:
BD15775 (PE) 2
RESOLUTION NO. OF 1990
A RESOLUTION OF THE CITY COUNCIL OF SALT LAKE CITY,
UTAH APPOINTING A BOARD OF EQUALIZATION AND REVIEW
FOR SALT LAKE CITY, UTAH CURB AND GUTTER EXTENSION
SPECIAL IMPROVEMENT DISTRICT NO. 38-758; SETTING
THE DATES FOR THE BOARD OF EQUALIZATION TO HEAR AND
CONSIDER OBJECTIONS AND CORRECTIONS TO ANY PROPOSED
ASSESSMENTS; AUTHORIZING THE CITY RECORDER TO
PUBLISH AND MAIL A NOTICE OF MEETINGS OF THE BOARD
OF EQUALIZATION AND REVIEW; AND RELATED MATTERS.
WHEREAS, the City Council of Salt Lake City, Utah (the
"Council" ) adopted a Notice of Intention to create the Salt
Lake City, Utah Curb and Gutter Extension Special Improvement
District No. 38-758 (the "District" ) on December 5, 1989 and
published said Notice on December 15, 22 , 29, 1989 and
January 5 , 1990; and
WHEREAS, in accordance with the Notice of Intention and
after giving notice as required by statute, a hearing was held
before the Council on January 16, 1990; and
WHEREAS, prior to and at the hearing, persons having an
interest in the District were allowed to protest the creation
thereof; and
WHEREAS, after protests against the creation of the
District were considered and recommendations by the City
Engineer were made, the Council created the District on
February 6, 1990; and
WHEREAS, the City Engineer has prepared the proposed
assessment roll for the District and the Council desires to
BD15775 (FF) 3
establish a board of equalization and review for the purpose
of considering any objections and corrections to said
assessment roll :
NOW, THEREFORE, BE IT RESOLVED BY THE City Council of
Salt Lake City, Utah as follows:
Section 1. A Board of Equalization and Review, as
required by law, for the District (the "Board" ) is hereby
appointed, consisting of the following City staff personnel :
City Recorder or designee
City Engineer, Public Works Director or other designee
City Attorney or designee
City Treasurer of designee
Section 2 . The Board shall sit as a Board of
Equalization and Review on the special assessment proposed to
be levied and assessed on the property within the District in
the Engineering Office Conference Room at 444 South State
Street, Salt Lake City, Utah on February 12, 1991 between the
hours of 3 : 00 p.m. and 4: 00 p.m. , on February 13 , 1991 between
the hours of 4:00 p.m. and 5 : 00 p.m. , and on February 14, 1991
between the hours of 5 : 00 p.m. and 6:00 p.m. to hear and
consider any objections to and make corrections of any
proposed assessments which the Board may deem unequal or
unjust.
Section 3 . The City Recorder is hereby authorized and
directed to publish and mail, as provided by law and the
BD15775 (PE) 4
ordinances of the City, a notice of meeting of the Board, said
notice to be in substantially the following form:
BD15775 (PP) 5
NOTICE OF MEETING OF BOARD OF EQUALIZATION AND REVIEW
NOTICE IS HEREBY GIVEN that the assessment list for Salt
Lake City, Utah, Curb and Gutter Extension Special Improvement
District No. 38-758, sometimes also identified as 400 to 500
South Connector (the "District" ) , created by the City Council
in pursuance to a notice of intention heretofore published and
mailed to all property owners to be affected in the District,
has now been completed and is available for examination at the
office of the City Engineer. Four members of the City staff
personnel have been duly appointed to act as the Board of
Equalization and Review on the assessment proposed to be
levied on the property within the District.
The members of said City staff personnel sitting as a
Board of Equalization and Review on the assessment proposed
to be levied on the property within the District will meet in
the City Engineering Office Conference Room at 444 South State
Street, Salt Lake City, Utah on February 12, 1991 between the
hours of 3 : 00 p.m. and 4: 00 p.m. , on February 13, 1991 between
the hours of 4: 00 p.m. and 5: 00 p.m. and on February 14, 1991
between the hours of 5:00 p.m. and 6:00 p.m. to hear and
consider any objections to and make any corrections of any
proposed assessments which the Board may deem unequal or
unjust.
On each of the dates specified above, the assessment list
and plats and amounts of the proposed assessment against each
parcel of property shall be open to public inspection
continuously from 8: 00 a.m. to 5 :00 p.m. at the Office of the
City Engineer of Salt Lake City, Utah.
The boundaries of the District are as follows:
AREA:
The area involved in the Special Improvement District is
situated entirely within Salt Lake City and includes
properties abutting 500 South as detailed on Salt Lake
City Atlas Survey Map Plats No. 50 and 51 and as further
described on Salt Lake County Property Sidwell Map' s
Numbers 15-3-31, 15-3-32 , 15-4-41 and 15-4-42 .
BOUNDARIES:
Boundaries of the Special Improvement District being the
north and south sides of 500 South from Redwood Road west
to Pioneer Road and the north and south sides of 400
South to 500 South Connector from Redwood Road to Orange
Street.
BD15775 (PE) 6
By order of the City Council of Salt Lake City, Utah,
this 6th day of December, 1990 .
/s/ Kathryn Marshall
City Recorder
( S E A L )
13D15775 (PF) 7
Section 4. The City Recorder is hereby directed to
enter the foregoing proceedings upon the records of the City,
and to cause a notice to be published in one issue of the
Deseret News, a newspaper published in the City and having
general circulation therein, the publication to be at least
twenty (20) and not more than thirty-five (35) days prior to
the date on which the Board of Equalization and Review will
begin hearings.
A copy of the notice set forth in Section 3 above shall
not later than ten ( 10) days after publication of such notice,
be mailed, postage prepaid, to each owner of land to be
assessed within the proposed special improvement district at
the last known address of such owner using for such purpose
the names and addresses appearing on the last completed real
property assessment rolls of the county wherein said affected
property is located. In addition, a copy of such notice shall
be addressed to "Owner" and shall be so mailed, addressed to
the street number of each of the improved properties to be
affected by the assessment.
After due consideration of said resolution by the City
Council , Councilmember seconded its adoption and
the same was adopted by the following vote :
BD15775 (FE) 8
AYE :
NAY:
ADOPTED AND APPROVED this 6th day of December, 1990.
Chair
ATTEST:
City Recorder
( S E A L )
BD15775 (PP) 9
After conduct of other business not pertinent to the
above, on motion duly made, seconded and carried, the meeting
was adjourned.
Chair
ATTEST:
City Recorder
( S E A L )
BD1577B (PE) 10
PRESENTATION TO THE MAYOR
The foregoing resolution was presented to the Mayor for
his approval or disapproval on the 6th day of December, 1990.
Chair
MAYOR' S APPROVAL OR DISAPPROVAL
The foregoing resolution is hereby approved this 6th day
of December, 1990.
Mayor
BD15775 (PF) 11
STATE OF UTAH )
. ss .
COUNTY OF SALT LAKE )
I , Kathryn Marshall , the duly appointed, qualified and
acting City Recorder of Salt Lake City, Salt Lake County,
Utah, do hereby certify that the foregoing is a full, true and
correct copy of the minutes of a regular meeting of the City
Council of Salt Lake City held in the City Council Chambers
in Salt Lake City on Thursday, the 6th day of December, 1990,
at the hour of 6: 00 p.m. as recorded in the regular official
book of minutes as kept in my official office, that said
proceedings were duly had and taken as therein shown, and that
all the members were given due, legal and timely notice of
said meeting as therein shown.
I further certify that I delivered to the Deseret News,
a newspaper published in said Municipality and having general
circulation therein, a notice of meetings of the Board of
Equalization and Review for Salt Lake City, Utah Curb and
Gutter Extension Special Improvement District No. 38-758 for
publication at least twenty (20) and not more than thirty-five
(35 ) days prior to the date said Board will begin its
hearings.
BD15775 (PP) 12
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of Salt Lake City this day of
December, 1990.
City Recorder
( S E A L )
SD15775 (PF) 13
STATE OF UTAH )
ss. MAILING CERTIFICATE
COUNTY OF SALT LAKE )
I , Kathryn Marshall, the duly appointed, qualified and
acting City Recorder of Salt Lake City, Salt Lake County,
Utah, do hereby certify that I mailed a copy of the Notice of
meetings of the Board of Equalization and Review, postage
prepaid, to each owner of property to be assessed within Salt
Lake City, Utah Curb & Gutter Extension Special Improvement
District No. 38-758, at the last known address of such owner,
using for such purpose the names and addresses appearing on
the last completed real property assessment rolls of the
County in which the property is located, and, in addition, I
mailed, postage prepaid, a copy of such Notice addressed to
"Owner" at the street number of each piece of improved
property to be assessed. Said Notices were mailed by me on
, 199_, that being not later than ten ( 10)
days after the first publication of the Notice in the Deseret
News as above certified.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of Salt Lake City, Utah, this
day of , 199_.
City Recorder
( S E A L )
BD15775 (PF) 14
PROOF OF PUBLICATION
Attached to this page is the Proof of Publication,
indicating by the affidavit of the publisher that the Notice
of Meetings of the Board of Equalization and Review was
published one time in the Deseret News.
BD15775 (PF) 15
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 December 6, 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 December , 1990, at least twenty-four (24)
hours prior to the convening of the meeting, said Notice
having continuously remained so posted and avai•iable 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 December , 1990, at least twenty-four
(24) hours prior to the convening of the meeting.
BD15775 (PF) 16
IN WITNESS WHEREOF, I have hereunto subscribed my
official signature this 6th day of December, 1990.
City Recorder
( S E A L )
BD15775 (PF) 17
SCHEDULE "A"
NOTICE OF MEETING
BD15775 (PF) 18
BD15772(PP)
/ i
Salt Lake City, Uta__
December 6, 1990
A regular meeting of the City Council of Salt Lake City,
Salt Lake County, Utah, was held on Thursday, December 6,
1990, at the hour of 6: 00 p.m. at the offices of the City
Council at 451 South State Street, Salt Lake City, Utah at
which meeting there were present and answering to roll call
the following members who constituted a quorum:
Alan Hardman Chair
Nancy Pace Vice Chair
L. Wayne Horrocks Councilmember
Thomas M. Godfrey Councilmember
Ronald Whitehead Councilmember
Roselyn N. Kirk Councilmember
Don C. Hale Councilmember
Also present:
Palmer A. DePaulis Mayor
Roger Cutler City Attorney
Kathryn Marshall City Recorder
Absent:
None
After the conduct of other business not pertinent to the
following, the Chair stated that the City Engineer has
prepared the assessment rolls for Salt Lake City, Utah 1988/89
Non-Contiguous Streets, Curb and Gutter Extension No . 38-819
(the "District" ) for action and consideration by the Board of
Equalization and Review and by the City Council, which
assessment rolls are on file in the office of the City
Recorder and available for inspection by any interested
property owner.
Thereupon, Councilmember introduced the
following resolution in writing which was read in full and
moved its adoption:
BD15772(FF) 2
RESOLUTION NO. OF 1990
A RESOLUTION OF THE CITY COUNCIL OF SALT LAKE CITY,
UTAH APPOINTING A BOARD OF EQUALIZATION AND REVIEW
FOR SALT LAKE CITY, UTAH 1988/89 NON-CONTIGUOUS
STREETS, CURB AND GUTTER EXTENSION NO. 38-819 ;
SETTING THE DATES FOR THE BOARD OF EQUALIZATION TO
HEAR AND CONSIDER OBJECTIONS AND CORRECTIONS TO ANY
PROPOSED ASSESSMENTS; AUTHORIZING THE CITY RECORDER
TO PUBLISH AND MAIL A NOTICE OF MEETINGS OF THE
BOARD OF EQUALIZATION AND REVIEW; AND RELATED
MATTERS.
WHEREAS, the City Council of Salt Lake City, Utah (the
"Council" ) adopted a Notice of Intention to create the Salt
Lake City, Utah 1988/89 Non-Contiguous Streets, Curb and
Gutter Extension No . 38-819 (the "District" ) on January 13 ,
1987 and published said Notice on February 3 , 10, 17 and 24,
1987; and
WHEREAS, in accordance with the Notice of Intention and
after giving notice as required by statute, a hearing was held
before the Council on March 10, 1987 ; and
WHEREAS, prior to and at the hearing, persons having an
interest in the District were allowed to protest the creation
thereof; and
WHEREAS, after protests against the creation of the
District were heard and considered and modifications
recommended by the City Engineer were made, the Council
created the District on March 17 , 1987 ; and
WHEREAS, the City Engineer has prepared the proposed
assessment roll for the District and the Council desires to
BD15772(FF) 3
establish a board of equalization and review for the purpose
of considering any objections and corrections to said
assessment roll :
NOW, THEREFORE, BE IT RESOLVED BY THE City Council of
Salt Lake City, Utah as follows:
Section 1. A Board of Equalization and Review, as
required by law, for the District (the "Board" ) is hereby
appointed, consisting of the following City staff personnel :
City Recorder or designee
City Engineer, Public Works Director or other designee
City Attorney or designee
City Treasurer of designee
Section 2 . The Board shall sit as a Board of
Equalization and Review on the special assessment proposed to
be levied and assessed on the property within the District in
the Engineering Office Conference Room at 444 South State
Street, Salt Lake City, Utah on February 12 , 1991 between the
hours of 3 : 00 p.m. and 4: 00 p.m. , on February 13, 1991 between
the hours of 4: 00 p.m. and 5 : 00 p.m. , and on February 14, 1991
between the hours of 5 : 00 p.m. and 6: 00 p.m. to hear and
consider any objections to and make corrections of any
proposed assessments which the Board may deem unequal or
unjust.
Section 3 . The City Recorder is hereby authorized and
directed to publish and mail, as provided by law and the
13D15772(P£) 4
ordinances of the City, a notice of meeting of the Board, said
notice to be in substantially the following form:
BD15772(PF) 5
NOTICE OF MEETING OF BOARD OF EQUALIZATION AND REVIEW
NOTICE IS HEREBY GIVEN that the assessment list for Salt
Lake City, Utah 1988/89 Non-Contiguous Streets, Curb and
Gutter Extension Special Improvement District No . 38-819 (the
"District" ) , created by the City Council in pursuance to a
notice of intention heretofore published and mailed to all
property owners to be affected in the District, has now been
completed and is available for examination at the office of
the City Engineer. Four members of the City staff personnel
have been duly appointed to act as the Board of Equalization
and Review on the assessment proposed to be levied on the
property within the District.
The members of said City staff personnel sitting as a
Board of Equalization and Review on the assessment proposed
to be levied on the property within the District will meet in
the City Engineering Office Conference Room at 444 South State
Street, Salt Lake City, Utah on February 12 , 1991 between the
hours of 3 : 00 p.m. and 4: 00 p.m. , on February 13, 1991 between
the hours of 4: 00 p.m. and 5 : 00 p.m. , and on February 14, 1991
between the hours of 5: 00 p.m. and 6: 00 p.m. to hear and
consider any objections to and make any corrections of any
proposed assessments which the Board may deem unequal or
unjust.
On each of the dates specified above, the assessment list
and plats and amounts of the proposed assessment against each
parcel of property shall be open to public inspection
continuously from 8: 00 a.m. to 5 : 00 p.m. at the Office of the
City Engineer of Salt Lake City, Utah.
The boundaries of the District are as follows :
AREA:
The area involved in the Special Improvement District is
situated entirely within Salt Lake City and involves
properties abutting 1045 West (Bothwell Street) from 1700
South to 2100 South; Jewell Avenue from 900 West to 1045
West; Colmar Avenue from 900 West to 1045 West; and
Margaret Avenue from 900 West to 1045 West. The
properties are also detailed on Salt Lake City Atlas
Survey Map Plats No. 68, 15 and 5 acre Plat B. No . 2 ; and
as further described on Salt Lake County Property Sidwell
Maps Numbers 15-14-41, 15-14-32 and 15-14-21 .
BD15772(PE) 6
BOUNDARIES:
Boundaries of the Special Improvement District being from
the south side of 1700 South Street to the north side of
2100 South Street and from the west side of 900 West
Street to the west side of 1045 West Street.
Assessments shall be in accordance to the benefits and
improvements received; however, when the owner of a residence
abutting the required improvements shall have a combined
family income at or below the very low income level guidelines
established by the Department of Housing and Urban
Developments in its "Income Limits for Housing and Community
Developments, Section 8 Program for Salt Lake City and Ogden,
Utah SMSA" , as amended from time to time, the property may be
eligible for a low income deferment. Such owner must file an
application therefor with the City, in order for the payments
required to be deferred.
To be eligible for a low income deferment, the property
must be residential and owner occupied. New application for
deferment of annual installments will be accepted throughout
the entire life of the special assessment district from prior
to the Board of Equalization meetings through the expiration
date. The property owners will be required to submit
documentation of their income to the City for an evaluation
for a deferment. Initially, completed applications will be
reviewed by the Redevelopment Agency to verify eligibility.
The deferment agreements will be reviewed on a regular
basis to verify property ownership, and the current economic
status of the owner. If and when the deferment requirements
are no longer met, the then current owner will be' notified
that the deferment agreement must be satisfied within 30 days
or the deferment status will be void and all delinquent
interest and charges will be imposed.
By order of the City Council of Salt Lake City, Utah,
this 6th day of December, 1990.
/s/ Kathryn Marshall
City Recorder
( S E A L )
BD15772(PF) 7
Section 4. The City Recorder is hereby directed to
enter the foregoing proceedings upon the records of the City,
and to cause a notice to be published in one issue of the
Deseret News, a newspaper published in the City and having
general circulation therein, the publication to be at least
twenty (20) and not more than thirty-five (35) days prior to
the date on which the Board of Equalization and Review will
begin hearings.
A copy of the notice set forth in Section 3 above shall
not later than ten (10) days after publication of such notice,
be mailed, postage prepaid, to each owner of land to be
assessed within the proposed special improvement district at
the last known address of such owner using for such purpose
the names and addresses appearing on the last completed real
property assessment rolls of the county wherein said affected
property is located. In addition, a copy of such notice shall
be addressed to "Owner" and shall be so mailed, addressed to
the street number of each of the improved properties to be
affected by the assessment.
After due consideration of said resolution by the City
Council, Councilmember seconded its adoption and
the same was adopted by the following vote:
BD15772(PF) 8
AYE:
NAY:
ADOPTED AND APPROVED this 6th day of December, 1990.
Chair
ATTEST:
City Recorder
( S E A L )
BD15772(PE) 9
After conduct of other business not pertinent to the
above, on motion duly made, seconded and carried, the meeting
was adjourned.
Chair
ATTEST:
City Recorder
( S E A L )
BD15772(PF) 10
PRESENTATION TO THE MAYOR
The foregoing resolution was presented to the Mayor for
his approval or disapproval on the 6th day of December, 1990.
Chair
MAYOR'S APPROVAL OR DISAPPROVAL
The foregoing resolution is hereby approved this 6th day
of December, 1990.
Mayor
BD15772(PF) 11
STATE OF UTAH )
. ss.
COUNTY OF SALT LAKE )
I , Kathryn Marshall, the duly appointed, qualified and
acting City Recorder of Salt Lake City, Salt Lake County,
Utah, do hereby certify that the foregoing is a full, true and
correct copy of the minutes of a regular meeting of the City
Council of Salt Lake City held in the City Council Chambers
in Salt Lake City on Thursday, the 6th day of December, 1990,
at the hour of 6: 00 p.m. as recorded in the regular official
book of minutes as kept in my official office, that said
proceedings were duly had and taken as therein shown, and that
all the members were given due, legal and timely notice of
said meeting as therein shown.
I further certify that I delivered to the Deseret News,
a newspaper published in said Municipality and having general
circulation therein, a notice of meetings of the Board of
Equalization and Review for Salt Lake City, Utah 1988/89 Non-
Contiguous Streets, Curb and Gutter Extension No. 38-819 for
publication at least twenty (20) and not more than thirty-five
(35) days prior to the date said Board will begin its
hearings.
BD15772(PF) 12
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of Salt Lake City this day of
December, 1990.
City Recorder
( S E A L )
BI)15772(FF! 13
STATE OF UTAH )
. ss. MAILING CERTIFICATE
COUNTY OF SALT LAKE )
I , Kathryn Marshall, the duly appointed, qualified and
acting City Recorder of Salt Lake City, Salt Lake County,
Utah, do hereby certify that I mailed a copy of the Notice of
meetings of the Board of Equalization and Review, postage
prepaid, to each owner of property to be assessed within Salt
Lake City, Utah 1988/89 Non-Contiguous Streets, Curb & Gutter
Extension No. 38-819, at the last known address of such owner,
using for such purpose the names and addresses appearing on
the last completed real property assessment rolls of the
County in which the property is located, and, in addition, I
mailed, postage prepaid, a copy of such Notice addressed to
"Owner" at the street number of each piece of improved
property to be assessed. Said Notices were mailed by me on
, 199_, that being not later than ten ( 10)
days after the first publication of the Notice in the Deseret
News as above certified.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of Salt Lake City, Utah, this
day of , 199_.
City Recorder
( S E A L )
BD15772(P£) 14
PROOF OF PUBLICATION
Attached to this page is the Proof of Publication,
indicating by the affidavit of the publisher that the Notice
of Meetings of the Board of Equalization and Review was
published one time in the Deseret News.
BD15772(FF) 15
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 December 6, 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 December , 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 December _ , 1990, at least twenty-four
(24) hours prior to the convening of the meeting.
BD15772(PE) 16
IN WITNESS WHEREOF, I have hereunto subscribed my
official signature this 6th day of December, 1990.
City Recorder
( S E A L )
BD15772(PF) 17
SCHEDULE "A"
NOTICE OF MEETING
BD1S772(PF) 18
BD15784 (PF)
Salt Lake City, Utah
December 6, 1990
A regular meeting of the City Council of Salt Lake City,
Salt Lake County, Utah, was held on Thursday, December 6,
1990, at the hour of 6: 00 p.m. at the offices of the City
Council at 451 South State Street, Salt Lake City, Utah at
which meeting there were present and answering to roll call
the following members who constituted a quorum:
Alan Hardman Chair
Nancy Pace Vice Chair
L. Wayne Horrocks Councilmember
Thomas M. Godfrey Councilmember
Ronald Whitehead Councilmember
Roselyn N. Kirk Councilmember
Don C. Hale Councilmember
Also present:
Palmer A. DePaulis Mayor
Roger Cutler City Attorney
Kathryn Marshall City Recorder
Absent:
None
After the conduct of other business not pertinent to the
following, the Chair stated that the City Engineer has
prepared the assessment rolls for Salt Lake City, Utah
Special Improvement District No. 38-864 (the "District" ) for
action and consideration by the Board of Equalization and
Review and by the City Council , which assessment rolls are on
file in the office of the City Recorder and available for
inspection by any interested property owner.
Thereupon, Councilmember introduced the
following resolution in writing which was read in full and
moved its adoption:
BD15784 (FF) 2
RESOLUTION NO. OF 1990
A RESOLUTION OF THE CITY COUNCIL OF SALT LAKE CITY,
UTAH APPOINTING A BOARD OF EQUALIZATION AND REVIEW
FOR SALT LAKE CITY, UTAH SPECIAL IMPROVEMENT
DISTRICT NO. 38-864; SETTING THE DATES FOR THE BOARD
OF EQUALIZATION TO HEAR AND CONSIDER OBJECTIONS AND
CORRECTIONS TO ANY PROPOSED ASSESSMENTS; AUTHORIZING
THE CITY RECORDER TO PUBLISH AND MAIL A NOTICE OF
MEETINGS OF THE BOARD OF EQUALIZATION AND REVIEW;
AND RELATED MATTERS.
WHEREAS, the City Council of Salt Lake City, Utah (the
"Council" ) adopted a Notice of Intention on January 9, 1990
and a Revised and Restated Notice of Intention on March 13 ,
1990 (the "Revised Notice" ) to create the Salt Lake City, Utah
Special Improvement District No. 38-864 (the "District" ) and
published said Revised Notice on March 19 and 26, 1990 and on
April 2 and 9, 1990; and
WHEREAS, in accordance with the Revised and Restated
Notice of Intention and after giving notice as required by
statute, a hearing was held before the Council on April 17,
1990; and
WHEREAS, prior to and at the hearing, persons having an
interest in the District were allowed to protest the creation
thereof; and
WHEREAS, after protests against the creation of the
District were heard and considered and modifications
recommended by the City Engineer were made, the Council
created the District on May 15, 1990; and
BD15784 (PE) 3
WHEREAS, the City Engineer has prepared the proposed
assessment roll for the District and the Council desires to
establish a board of equalization and review for the purpose
of considering any objections and corrections to said
assessment roll :
NOW, THEREFORE, BE IT RESOLVED BY THE City Council of
Salt Lake City, Utah as follows:
Section 1 . A Board of Equalization and Review, as
required by law, for the District (the "Board" ) is hereby
appointed, consisting of the following City staff personnel :
City Recorder or designee
City Engineer, Public Works Director or other designee
City Attorney or designee
City Treasurer of designee
Section 2 . The Board shall sit as a Board of
Equalization and Review on the special assessment proposed to
be levied and assessed on the property within the District in
the Engineering Office Conference Room at 444 South State
Street, Salt Lake City, Utah on February 12 , 1991 between the
hours of 3 : 00 p.m. and 4: 00 p.m. , on February 13 , 1991 between
the hours of 4: 00 p.m. and 5 : 00 p.m. , and on February 14, 1991
between the hours of 5 : 00 p.m. and 6: 00 p.m. to hear and
consider any objections to and make corrections of any
proposed assessments which the Board may deem unequal or
unjust.
BD15784 (PE) 4
Section 3 . The City Recorder is hereby authorized and
directed to publish and mail, as provided by law and the
ordinances of the City, a notice of meeting of the Board, said
notice to be in substantially the following form:
BD)5784 (PF) 5
NOTICE OF MEETING OF BOARD OF EQUALIZATION AND REVIEW
NOTICE IS HEREBY GIVEN that the assessment list for Salt
Lake City, Utah, Special Improvement District No . 38-864,
sometimes also identified as CBD - Beautification and Street
Lighting Special Improvement District No. 38-864-1 (the
"District" ) , created by the City Council in pursuance to a
notice of intention heretofore published and mailed to all
property owners to be affected in the District, has now been
completed and is available for examination at the office of
the City Engineer. Four members of the City staff personnel
have been duly appointed to act as the. Board of Equalization
and Review on the assessment proposed to be levied on the
property within the District.
The members of said City staff personnel sitting as a
Board of Equalization and Review on the assessment proposed
to be levied on the property within the District will meet in
the City Engineering Office Conference Room at 444 South State
Street, Salt Lake City, Utah on February 12 , 1991 between the
hours of 3 : 00 p.m. and 4: 00 p.m. ; on February 13 , 1991 between
the hours of 4: 00 p.m. and 5 : 00 p.m. ; and on February 14, 1991
between the hours of 5 : 00 p.m. and 6: 00 p.m. to hear and
consider any objections to and make any corrections of any
proposed assessments which the Board may deem unequal or
unjust.
On each of the dates specified above, the assessment list
and plats and amounts of the proposed assessment against each
parcel of property shall be open to public inspection
continuously from 8: 00 a.m. to 5 : 00 p.m. at the Office of the
City Engineer of Salt Lake City, Utah.
The description of the District is as follows:
South Temple: Main Street to 300 West, less the south side
from West Temple to 200 West
State Street: West side of street, from a point 247 . 5 feet
south of 300 South property corner to 400 South
400 South: North side of street, from a point 165 feet
west of Main Street property corner to State
Street
300 South: West Temple to 200 West
West Temple : East side of street, from a point 207 . 5 feet
north of 100 South property corner to South
Temple
BD15784 (PE) 6
By order of the City Council of Salt Lake City, Utah,
this 6th day of December, 1990.
/s/ Kathryn Marshall
City Recorder
( S E A L )
BD15784 (FF) 7
Section 4. The City Recorder is hereby directed to
enter the foregoing proceedings upon the records of the City,
and to cause a notice to be published in one issue of the
Deseret News, a newspaper published in the City and having
general circulation therein, the publication to be at least
twenty (20) and not more than thirty-five (35) days prior to
the date on which the Board of Equalization and Review will
begin hearings.
A copy of the notice set forth in Section 3 above shall
not later than ten ( 10) days after publication of such notice,
be mailed, postage prepaid, to each owner of land to be
assessed within the proposed special improvement district at
the last known address of such owner using for such purpose
the names and addresses appearing on the last completed real
property assessment rolls of the county wherein said affected
property is located. In addition, a copy of such notice shall
be addressed to "Owner" and shall be so mailed, addressed to
the street number of each of the improved properties to be
affected by the assessment.
After due consideration of said resolution by the City
Council, Councilmember seconded its adoption and
the same was adopted by the following vote:
BD15784 (PF) 8
AYE:
NAY:
ADOPTED AND APPROVED this 6th day of December, 1990.
Chair
ATTEST:
City Recorder
( S E A L )
SD15784 (PF) 9
After conduct of other business not pertinent to the
above, on motion duly made, seconded and carried, the meeting
was adjourned.
Chair
ATTEST:
City Recorder
( S E A L )
BD15784 (PF) 10
PRESENTATION TO THE MAYOR
The foregoing resolution was presented to the Mayor for
his approval or disapproval on the 6th day of December, 1990.
Chair
MAYOR' S APPROVAL OR DISAPPROVAL
The foregoing resolution is hereby approved this 6th day
of December, 1990.
Mayor
BD15784 (PE) 11
STATE OF UTAH )
ss.
COUNTY OF SALT LAKE )
I , Kathryn Marshall, the duly appointed, qualified and
acting City Recorder of Salt Lake City, Salt Lake County,
Utah, do hereby certify that the foregoing is a full, true and
correct copy of the minutes of a regular meeting of the City
Council of Salt Lake City held in the City Council Chambers
in Salt Lake City on Thursday, the 6th day of December, 1990,
at the hour of 6: 00 p.m. as recorded in the regular official
book of minutes as kept in my official office, that said
proceedings were duly had and taken as therein shown, and that
all the members were given due, legal and timely notice of
said meeting as therein shown.
I further certify that I delivered to the Deseret News,
a newspaper published in said Municipality and having general
circulation therein, a notice of meetings of the Board of
Equalization and Review for Salt Lake City, Utah Special
Improvement District No. 38-864 for publication at least
twenty (20) and not more than thirty-five (35) days prior to
the date said Board will begin its hearings.
BD15784 (PF) 12
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of Salt Lake City this day of
December, 1990.
City Recorder
( S E A L )
BD15784 (Pr) 13
STATE OF UTAH )
ss. MAILING CERTIFICATE
COUNTY OF SALT LAKE )
I , Kathryn Marshall , the duly appointed, qualified and
acting City Recorder of Salt Lake City, Salt Lake County,
Utah, do hereby certify that I mailed a copy of the Notice of
meetings of the Board of Equalization and Review, postage
prepaid, to each owner of property to be assessed within Salt
Lake City, Utah Special Improvement District No. 38-864, at
the last known address of such owner, using for such purpose
the names and addresses appearing on the last completed real
property assessment rolls of the County in which the property
is located, and, in addition, I mailed, postage prepaid, a
copy of such Notice addressed to "Owner" at the street number
of each piece of improved property to be assessed. Said
Notices were mailed by me on , 199_, that
being not later than ten ( 10) days after the first publication
of the Notice in the Deseret News as above certified.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of Salt Lake City, Utah, this
day of , 199_.
City Recorder
( S E A L )
BD15784 (PF) 14
PROOF OF PUBLICATION
Attached to this page is the Proof of Publication,
indicating by the affidavit of the publisher that the Notice
of Meetings of the Board of Equalization and Review was
published one time in the Deseret News.
BD15784 (PE) 15
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 December 6, 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 December , 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 December , 1990, at least twenty-four
(24) hours prior to the convening of the meeting.
BD15784 (PF) 16
IN WITNESS WHEREOF, I have hereunto subscribed my
official signature this 6th day of December, 1990 .
City Recorder
( S E A L )
13D15784 (PE) 17
SCHEDULE "A"
NOTICE OF MEETING
BD15784 (PF) 18
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PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CI, UTAH
THURSDAY, DECEMBER 6, 1990
The City Council of Salt Lake City, Utah, met in Briefing Session on
Thursday, December 11, 1990, at 5:00 p.m. in Room 325, City County
Building, 451 South State Street.
The following Council Members were present:
Ronald Whitehead Wayne Horrocks Alan Hardman
Nancy Pace Tom Godfrey Roselyn Kirk
Don Hale
Council Chair Hardman presided at the meeting.
Councilmember Hardman called said all he could do was advise.
the meeting to order at 5:00 p.m. Whether someone accepted that
advice and implemented it was
BOARD INTERVIEWS their choice. He said the role of
the advisory committee was to give
The Council interviewed its best input and judgement. He
Darrell R. "Buzz" Larsen prior to said it was not to substitute this
consideration of his appointment judgement for that of the duly
to the Redevelopment Agency Advi- elected council who would ulti-
sory Committee. He said his mately be held responsible for
background was an attorney in the the decision.
financial field. He said he had
been involved with the RDA financ- Councilmember Hale asked how
ing for the past 15 years. much interest there was in becom-
Councilmember Pace asked about his ing a member of this advisory
bond financing of the RDA and if committee and if Mr. Larsen would
he saw it as a conflict of inter- be able to meet the time commit-
est. Mr. Larsen said although he ment which would be involved. Mr.
had been bond counsel for the city Larsen said he was excited at the
he had not been bond council for prospect of being on the committee
the RDA on any of its financing and doing the work. He said he
and therefore there was no con- was glad to hear it was a commit-
flict of interest. Councilmember tee that involved a fair amount of
Kirk asked how he felt about time otherwise it would not have a
addressing the council on various purpose.
ideas. Mr. Larsen said as a
lawyer he was not concerned about The Council interviewed Larry
communicating effectively. He Migliaccio prior to consideration
said he was used to interaction of of his appointment to the Redevel-
boards and groups and he had opment Agency Advisory Committee.
developed a sense of what their He outlined his background as an
interests may be as well as the engineer and his career involving
interest of the committee or the city projects. Councilmember
council. He said he felt perfect- Godfrey asked how he would feel if
ly capable of interacting and the RDA board gave advice to the
communicating. Council on a hot issue and the
council chose to ignore that
Councilmember Godfrey asked advice. He said he had previous
how he would feel if the RDA board opportunities to have his advice
gave advice to the Council on a taken or not taken. He said he
hot issue and the Council chose to had learned to give and take and a
ignore that advise. Mr. Larsen person did not win every battle.
90-365
PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CI, UTAH
DECEMBER 6, 1990
He said he would give the best Councilmember Whitehead asked
proposals and suggestions he Scott Vatterlaus, Public Works
could. He said there was more Department, if in the next ten
than one way to complete a project years it would be possible to
and you had to be willing to have all the districts come due at
accept other people' s opinions. the same time so people on the
same street are paid the same
The Council interviewed Paul amount. Mr. Vaterlaus said it
E. Nelson prior to consideration would require a lot of legal
of his appointment to the Redevel- action but it was possible.
opment Agency Advisory Committee.
He outlined his background and Ms. Gust-Jenson said that
education. Councilmember Godfrey Items E-2 - E-5 only needed a
asked how he would feel if the RDA suspend and adopt motion. This
board gave advice to the Council would speed up the appointment
on a hot issue and the Council process. She said Item E-6 was
chose to ignore that advice. He listed under "new business" but
said he assumed the advisory board was really "unfinished business" .
would evolve and grow in terms of Councilmember Pace asked if the
its relationship with the Council Board of Adjustment was an adviso-
and would evolve over time in ry board. Roger Cutler, City
terms of rapport, comfort level, Attorney, said they were a deci-
and credibility. He said he felt sion making entity answerable to
the committee had to give advice the Third District Court. He said
that made sense and gave the changes could be made to include
committee' s best suggestion on a the Board of Adjustment in the
given issue. He said the commit- ordinance and change references
tee should give its advise as for "Advisory Boards" to "City
vigorously as they could and back Boards and Commissions. "
it up with facts. He said at that
point it became the Council 's Ms. Gust-Jenson said Item E-
decision. 7, Moratorium on Demolition of
Residential Structures, needed
EXECUTIVE DIRECTOR'S REPORT discussion. She said the Council
could adopt the ordinance in
Cindy Gust-Jenson, Executive concept and have changes made as
Director of the Council, reminded needed. She said Items F-1 - F-3
the Council that because this was were special improvement districts
a Thursday meeting they would stay and this action was the next step
in Room 325 for the Regular Coun- in the process. She said a meet-
cil Meeting. ing of the Oval Group and the
Mayor was scheduled for Monday,
She said in reference to Item December 10, 1990, at 5:30 p.m. at
C-2, Citizen Comments, Ken the Armory. She distributed an
Ettinger would not be able to updated events calendar. She
attend the meeting but had submit- said a suggestion had been made to
ted comments in regard to the change the January 3 meeting to
moratorium. (See Attachment) . January 24, and she needed to know
She said Item E-1, Lighting Dis- which date to schedule. The
trict #3, was the first step in Council agreed to hold the meeting
the street lighting district. on January 3. She said in the
90-366
PROCEINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
DECEMBER 6, 1990
next four months the council was
scheduled to meet four times a
month. She also said a tentative
retreat had been scheduled for the
Council and staff for January 5
for budget planning.
The meeting adjourned at 5:45
p.m.
90-367
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CI, UTAH
THURSDAY, DECEMBER 6, 1990
The City Council of Salt Lake City, Utah, met in Regular Session on
Thursday, December 6, 1990, at 6:00 p.m. in Room 325, City County
Building, 451 South State Street.
The following Council Members were present:
Ronald Whitehead Wayne Horrocks Nancy Pace
Alan Hardman Tom Godfrey Roselyn Kirk
Don Hale
Mayor Palmer DePaulis, Roger Cutler, City Attorney, Kathryn Marshall,
City Recorder, and S. R. Kivett, Chief Deputy Recorder were present.
Council Chair Hardman presided at and conducted the meeting.
OPENING CEREMONIES
Councilmember Pace asked Ms.
#1. There was no invocation. Hutchinson to clarify what she
meant by regular agenda item. Ms.
#2. There was no Pledge of Hutchinson said she wanted to see
Allegiance. an open agenda item on the home-
less situation. She wanted a
#3. Councilmember Godfrey discussion on the councils part
moved and Councilmember Kirk and how they intended to interact
seconded to approve the minutes of and what they see their roll being
the Salt Lake City Council for the in alleviating the situation on
regular meeting held Tuesday, the street. She wanted to know
November 20, 1990, which motion what the community and the home-
carried, all members voted aye. less could expect from the Coun-
(M 90-1) cil.
COMMENTS Councilmember Pace asked if
she meant an open forum where the
Sandy Hutchinson, 2006 South Council discussed the situation
300 East, asked if it would be between themselves or if she
possible for the City Council to wanted a discussion between Coun-
devote an agenda item entirely to cil members and the public.
the homeless situation in the near
future. She said a statement had Ms. Hutchinson said the
been made by the city that they homeless felt the Council could do
provided municipal and not human some things to alleviate the
services. She said the city did homeless situation over the winter
provide human services in the months. She said the homeless
form of community action housing. wanted to know what the Council
She said there was also RDA action was willing to do to help them.
such as those dealing with Pioneer She said she wanted an agenda item
Village, which the RDA just pur- where a presentation from the
chased. She said it was fortunate homeless and the City Council
it had been warm and no one had could be heard.
died in the streets from exposure.
She asked for clarification from Councilmember Hardman asked
the Council on their position of Ms. Hutchinson if she would be
the homeless situation and to do willing to work with the Council
this through an agenda item. staff to see what kind of a forum
90-368
411
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CIT, UTAH
THURSDAY, DECEMBER 6, 1990
the Council can provide. Ms. Roger Borgenicht, 20 South
Hutchinson said she would be happy 1200 East, member of the Housing
to work with the staff. Advisory and Appeals Board, said
the issue on the revised demoli-
Virginia Walton, 733 Green tion ordinance was coming back to
Street, Chairman of the City the HAAB board on December 12,
Neighborhood Council, said the 1990 for consideration. He said
Central City Council recommended the HAAB Board had been trying to
the approval of the demolition revise the ordinance to provide a
ordinance to include the recommen- way to preserve the existing
dations approved by Salt Lake Area housing stock as a way of preserv-
Community Councils , or approval ing the neighborhood fabric rather
of the moratorium as written. than getting weed lots in between
She said plans needed to be made viable homes. He said the city
before demolition of houses took must be very careful about losing
place. housing stock. He said when a
demolition took place it created
Ron Love, 1073 East 600 a burden on the neighborhood as
South, Secretary for the East well as created a loss to the
Central Community Council, and a various city departments that
member of the SLACC Board, said service the house. He said he
the East Central Community Council supported whatever it took to
supported the demolition moratori- alleviate these problems, whether
um. He requested the ordinance be it was an ordinance or a moratori-
approved to include the SLACC um.
recommendations. He said the
appeals process in the moratorium Councilmember Pace asked what
would allow for those special he would consider the boards
situations where demolition would responsibility was to residential
be to the benefit of the city and zones. He said there had been two
that appeals process would be the very viable houses which were
appearance before the Housing torn down for a parking lot. He
Advisory and Appeals Board and said there were 372 boarded resi-
allowed for citizen input. He dential structures. He said not
said there were programs which all should be saved. He said steps
allowed perspective home owners to had been taken to determine owner-
purchase or rehabilitate the ship so a decision could be made.
housing stock within the city. He
said the moratorium would allow Lois Brown, Central City
those programs to begin and allow Neighborhood Council, said she
individuals the opportunity to get agreed with the moratorium. She
into some of these homes and fix said it gave everyone more time to
them up. He said the moratorium look at the demolition ordinance.
would allow an opportunity for She said there would be time to
citizen involvement for the cre- get other projects in place such
ation of an ordinance that would as the housing bill which was just
be designed to improve the quality passed.
of life in the city as well as
support the economic development. Stan Penfold, 715 2nd Avenue,
Chair of SLACC, said he was in
Susan Harden, said the Coun- favor of the changes recommended
cil should not adopt an ordinance and was in favor of the demolition
which still required input. ordinance. He said if the ordi-
nance was not going to be adopted
90-369
PROCE DINGS OF THE CITY COUNCIL OF SALT LAKE CI, UTAH
THURSDAY, DECEMBER 6, 1990
very soon he was in favor of a six ing district it gave Public Works
month moratorium as written. He the authority to send out a let-
said he would like to see the ter notifying every property owner
moratorium on all residential of the assessment. He said a
units. He said the concern SLACC public meeting was set prior to
had was the demolition of residen- the hearing. He said this gave
tial units to help build commer- the property owners a chance to
cial properties. He said SLACC ask questions before the public
would like time to study whether hearing.
those areas now zoned commercial
should be rezoned as residential. Councilmember Kirk asked Mr.
He said the downtown plan had some Vaterlaus if the Council could be
areas which should be zoned resi- notified of the public meetings so
dential but which were currently the members could attend. Mr.
zoned commercial. Vaterlaus said he would provide
the Council with a copy of the
Councilmember Pace asked if a notice which would include the
six month period would be time date of this meeting. Mr.
enough to do that. Vaterlaus said the reason there
was going to be an increase was
Mr. Penfold said six months because this district was renewed
would give them enough time to do in 1986; prior to the City pur-
some close looking and if there chasing street lights. He said
were individual situations it the renewal did not include enough
allowed time to submit a petition for the purchase of the lights and
for the zoning changes. He said some of the extensions have had a
once a petition was filed there deficit. He said this increase
was grounds for asking for demoli- would make up the deficit and
tion delays. continue to pay for the bond
payment for the purchase of the
NEW COUNCIL BUSINESS lights.
(Q 90-8)
#1. RE: Adopt a resolution
setting the date of January 8, #2. RE: Approve the reap-
1991 at 6:20 p.m. to accept public pointment of Lee King to his first
comment, and declaring Notice of full term extending through Octo-
Intention for the renewal of ber 27, 1995, to the Housing
Street Lighting Special Improve- Authority.
ment District #3 concerning pro-
jected lighting costs from April ACTION: Councilmember Godfrey
1, 1991, to April 1, 1994. moved and Councilmember Whitehead
seconded to suspend the rules and
ACTION: Councilmember adopt the reappointment of Lee
Godfrey moved and Councilmember King to the Housing Authority,
Whitehead seconded to adopt Reso- which motion carried, all members
lution 116 of 1990, which motion voted aye.
carried all members voted aye. (I 90-19)
DISCUSSION: Councilmember #3. RE: Approve the reap-
Kirk asked Scott Vaterlaus, Public pointment of Ronald G. Coleman to
Works, if there was any other his second term extending through
public process the Council needed June 30, 1993, to the Civil Ser-
to go through. Mr. Vaterlaus said vice Commission.
when the Council adopted a light-
90-370
PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
THURSDAY, DECEMBER 6, 1990
ACTION: Councilmember Godfrey boards and commissions", which
moved, and Councilmember Kirk motion carried, all members voted
seconded to suspend the rules and aye.
adopt the reappointment of Ronald
G. Coleman to the Civil Service DISCUSSION: Councilmember
Commission, which motion carried, Hale asked if this ordinance
all members voted aye. included all the boards.
I 90-21 Councilmember Hardman said it
included everything. He said this
#4. RE: Approve the reap- ordinance placed all boards and
pointment of Pamela Grubaugh- commissions on the same footing,
Littig to her second term extend- some were silent on the issue and
ing through July 14, 1993, to the others specifically said they
Historical Landmark Committee. would serve until their successor
was appointed. He said the Attor-
ACTION: Councilmember Godfrey neys office had determined that
moved, and Councilmember Kirk where the ordinance was silent on
seconded to suspend the rules and a specific board the term of
adopt the reappointment of Pamela office expired when the term of
Grubaugh-Littig to the Historical office was over.
Landmark Committee, which motion
carried, all members voted aye. Councilmember Pace said she
(I 90-9) thought the ordinance changes
cleaned that area up and the terms
#5. RE: Approve the reap- could not be silent.
pointment of David E. Svikhart to
his first full term extending Ms. Gust-Jenson said the
through July 14, 1993, to the intent of the ordinance was to
Historical Landmark Committee. have all of the appointments
uniform so that all terms expired
ACTION: Councilmember Hale when they expired.
moved, and Councilmember Kirk
seconded to suspend the rules and Councilmember Hardman said
adopt the reappointment of David the ordinance would make all
E. Svikhart to the Historical appointments uniform and would not
Landmark Committee, which motion specifically say that the appoin-
carried, all members voted aye. tee would serve until their suc-
(I 90-9) cessor was appointed. He said the
attorney's opinion was that where
#6. RE: Adopt an ordinance the ordinance was silent their
amending Sections 2.14.040, term automatically expired upon
2.22.040, 2.28.030, 2.36.030, the termination date.
2.37.040, 2.38.030, 2.40.030, (0 90-49)
2.41.040, 18.48.040, and
21.06.010, of the Salt Lake City #7. RE: Adopt an ordinance
Code, relating to appointments to placing a moratorium on the demo-
advisory boards. lition on residential structures.
ACTION: Councilmember Godfrey Council Chair Hardman said
moved and Councilmember Whitehead because this item was on the
seconded to adopt Ordinance 95 of agenda at his request and because
1990, with the change that where he and Councilmember Pace wanted
there was reference to the adviso- to participate in the discussion
ry board it be changed to "city he was asking Councilmember Kirk
to chair this item.
90-371
PROCE DINGS OF THE CITY COUNCIL OF SALT LAKE CIT UTAH
THURSDAY, DECEMBER 6, 1990
the moratorium to residential
ACTION: Councilmember Hardman zones only. He said the moratori-
moved and, Councilmember Godfrey um needed to affect residential
seconded to suspend the rules and and commercial zones. He said the
adopt the Ordinance of 1990 in reason he asked for the moratorium
concept. to be placed on the agenda was
because the demolition issue had a
Councilmember Godfrey moved, heavy impact on the central city
and Councilmember Whitehead sec- area through the continual ap-
onded to amend the ordinance by proach for commercialization of
including points 1, 2, 3, 5, from his district which usually meant
Alan Fawcett's Memo. Point 1 - tearing down housing. He said the
An exemption to the moratorium new demolition ordinance had been
should be granted if the demoli- in the process of acceptance for
tion resulted in the creation of at least the last year and maybe
construction of any housing units. two years. He said he felt the
Point 2 - There should be an Council had come a long way, but
exemption from the moratorium if there had been two hearings on
the demolition resulted in at this issue and he said at each
least a replacement by an equal or hearing there seemed to be more
greater number of residential issues raised.
units constructed. Point 3 -
Section 18.64.070, Paragraph B, He said he was concerned
the words "or elderly" be added about rushing to adopt an ordi-
to the sentence that states: "In nance with the threat of someone
granting relief from this morato- rushing in to beat the ordinance
rium, the HAAB shall consider the and tear down housing. He said
impact that permitting the de- the council was trying to achieve
struction of a residential unit a delicate balance between those
would have on the low income or who want to demolish everything
elderly housing stock in the City and those who want to save every-
and the value of preserving thing. He said part of that
neighborhoods and the residential balance was to streamline the
character of the surrounding process by making it a clear
environs. " Point 5 - Limiting the process and at the same time
moratorium to 90 days rather than allowing for a public process that
six months, which motion carried, allowed for public disclosure and
all members voted aye. notification. He said the Coun-
cil was not quite ready to adopt
DISCUSSION: Councilmember this issue in ordinance and be-
Godfrey asked if the Council was cause the Council would not meet
going to adopt the ordinance in until January 1991, he felt this
concept. Councilmember Hardman moratorium ordinance would buy the
said the Council was going to Council a little time. He said he
adopt the ordinance and hopefully felt it was in the interest of the
there was not going to be a lot of public to hold off demolishing
amendments to the ordinance. houses in the city. The Council
could deliberate the issue fully
Councilmember Hale asked why and come up with the best possible
Councilmember Godfrey skipped ordinance that would satisfy all
Point 4 in his recommendation. of those concerned. He said he
would accept the substitute motion
Councilmember Hardman said to include the amendments with
the recommendation was limiting some discussion on point five. He
90-372
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
THURSDAY, DECEMBER 6, 1990
asked how soon the Council could they were going to demolish the
get the ordinance in place. Travel Lodge on North Temple which
the moratorium would stop as
Councilmember Godfrey was currently written. He said the
concerned the Council needed to last project was the one submitted
move quickly in the public inter- by Mr. Hunt on 600 East and 100
est and get things done. He said South. He said Mr. Hunt had not
he felt it would not take six requested the demolition but if he
months to put the ordinance in had to wait six months it may
place. Councilmember Whitehead force him to look elsewhere for
said if the Council extended the this project. He said the last
moratorium to six months it would two were submitted to get around
take six months to complete. If the ordinance was the Loftus
the council set the time limit to Novelty on 800 South 200 East.
90 days then it would be completed The Loftus petition was sent back
in that time. because they were not ready to
complete the project. The last
Councilmember Pace said she one was the project located on
was debating about including item Strong Court, where the petitioner
number four. She said there were was requesting to demolish two
some projects very close to start- structures and install a parking
ing which this ordinance might lot which was in a commercial P-1
affect. She said the 90 day limit zone.
may not effect those demolitions
that much. Councilmember Godfrey asked
Mr. King how the 90 day limit
Lee King, Community Develop- suggestion would effect those
ment, recommended the 90 days commercial demolitions. Mr. King
rather than the six month morato- said the 90 day scenario would
rium because there were five probably not adversely impact
projects which were in varying anybody where the six month limit
stages of completion that required probably would. He said he would
some demolition. He said some of rather see the demolition ordi-
them were in commercial zones. nance passed rather than the
He said two of the five were moratorium.
submitted specifically to beat the
ordinance, but the others had Councilmember Pace asked if
been ongoing projects. He said the 90 days moratorium was passed
the latter consisted of the Saturn could people still file a demoli-
dealership for Rick Warner which tion request. Mr. King said they
included demolition of a house in could but it would be held and
conjunction with an alley vaca- they could then file for an appeal
tion. He said Rick Warner had not through HAAB.
submitted a demolition petition at
this time but to make the project Councilmember Hardman said
go they would have to do that. He what was needed was to send a
said the way the moratorium ordi- message to the public that this
nance was currently written the was only a temporary condition
city would have to deny the peti- until the Council adopted the
tion. ordinance.
(0 90-39)
He said the second project
was the LDS Church parking lot At this time the Chair was
expansion for the Jazz arena where returned to Councilmember Hardman.
90-373
410
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY UTAH
THURSDAY, DECEMBER 6, 1990
carried, all members voted aye.
(C 89-389)
UNFINISHED COUNCIL BUSINESS
#3. RE: Adopt a resolution
#1. RE: Adopt a resolution appointing a Board of Equalization
appointing a Board of Equalization and Review for Salt Lake City,
and Review for Salt Lake City, Utah, Special Improvement Dis-
Utah, Curb and Gutter Extension trict No. 38-864; setting the
Special Improvement District No. dates for the Board of Equal-
38-758; setting the dates for the ization to hear and consider
Board of Equalization to hear and objections and corrections to any
consider objections and correc- proposed assessments; authorizing
tions to any proposed assessments; the City Recorder to publish and
authorizing the City Recorder to mail a Notice of Meetings of the
publish and mail a Notice of Board of Equalization and Review;
Meetings of the Board of Equaliza- and related matters.
tion and Review; and related
matters. ACTION: Councilmember
Whitehead moved and Councilmember
ACTION: Councilmember Hale seconded to adopt Resolution
Whitehead moved and Councilmember 119 of 1990, which motion carried
Kirk seconded to adopt Resolution all members voted aye.
117 of 1990, which motion carried, (Q 90-1)
all members voted aye.
The meeting adjourned at 6: 52 p.m.
DISCUSSION: Councilmember
Pace asked where the Board of
Equalization c originated.
Ms. C\CI.A.A.41.44
. ��Gust-Jenson said the re resents- e_
tives were from different offices; COUNCIL CHAIR
the City Recorder, Transporta-
tion, Engineering and were usual-
ly the same people. /' A ,,�i
(Q 89-9) ` �r4 1A! A
CI Y 'E' w i" R
#2. RE: Adopt a resolution
appointing a Board of Equalization
and Review for Salt Lake City,
Utah, 1988/89 Non-contiguous
Streets, Curb and Gutter Extension
No. 38-819; setting the dates for
the Board of Equalization to hear
and consider objections and cor-
rections to any proposed assess-
ments; authorizing the City Re-
corder to publish and mail a
Notice of Meetings of the Board of
Equalization and Review; and
related matters.
ACTION: Councilmember
Whitehead moved and Councilmember
Godfrey seconded to adopt Resolu-
tion 118 of 1990, which motion
90-374
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