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10/10/1989 - Minutes PROC INGS OF THE CITY COUNCIL OF SALT LAKE CI , UTAH TUESDAY, OCTOBER 10, 1989 The City Council of Salt Lake City, Utah, met as the Committee of the Whole on Tuesday, October 10, 1989, at 5:00 p.m. in Room 325, City County Building, 451 South State Street. The following Council Members were present: Florence Bittner Sydney Fonnesbeck Roselyn Kirk Wayne Horrocks Tom Godfrey Willie Stoler Councilmember Hardman was absent. Council Chair Stoler presided at the meeting. The Council interviewed Council may anticipate some pub- Christine Chalkley for appointment lic attendance and comment regard- to the Urban Forestry Board. ing this issue. Council Chair Stoler asked Ms. Chalkley to express her interest She reviewed the resolutions and qualifications for appointment to be presented to Jackson Elemen- to the Urban Forestry Board. Ms. tary, Northwest Intermediate, West Chalkley said she was interested High and Judge Memorial High in preserving national resources Schools. and promoting forestry. Ms. Chalkley, currently a state em- In reference to the consent ployee, said she felt capable of business items on Block 57 and serving effectively. Compeq, Dick Fox, bond counsel, was present and briefly explained The Executive Director, Cindy these items to the Council. The Gust-Jenson, reviewed the schedule public hearing for Compeq would be of upcoming events. Ms. Gust- to approve a reduction in the Jenson also reviewed the schedule amount of the issuance of bonds for Thursday' s meeting (October from $9,300,000 to $1,000,000. 12 ) . She said the Council would The Council needed to approve the convene and discuss matters as the Block 57 resolution even though City Council, Committee of the they also acted on it as the RDA. Whole and Redevelopment Agency Board. The two items to be dis- Kathy Marshall, City Recorder cussed as Committee of the Whole briefly explained the tally ab- were not rescheduled because these stract of the primary election. items were suggested by Council- ,She indicated the vote totals may members. Councilmember Fonnesbeck not always be equal to the number requested that the groups inter- of individuals who voted, due to ested in the North Temple Inter- spoiled ballots. change issue be informed of the meeting Thursday. The Executive Director re- ferred to the Legislative Intent The Executive Director re- item on the Historical Landmark viewed the evening' s agenda noting Committee and mentioned Council- the following: member Hardman' s request to delay action on this item during his The Council Office had re- absence from this meeting. ceived several phone calls inquir- ing about the cross-country ski The briefing session was track at Mountain Dell so the concluded. 89-279 PROCIINGS OF THE CITY COUNCIL OF SALT LAKE CI , UTAH TUESDAY, OCTOBER 10, 1989 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, October 10, 1989, at 6:00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State Street. The following Council Members were present: Florence Bittner Sydney Fonnesbeck Roselyn Kirk Wayne Horrocks Tom Godfrey Willie Stoler Councilmember Hardman was absent. Mayor Palmer DePaulis, Steven Allred, Deputy City Attorney, Kathryn Marshall, City Recorder, and Lynda Domino, Chief Deputy City Recorder, were present. Council Chair Stoler presided at the meeting and Councilmember Horrocks conducted the meeting. OPENING CEREMONIES adopt Resolution 116 of 1989, which motion carried, all members #1. Police Chaplain Bob Buh- present voted aye. ler gave the invocation. (R 89-1) #2. The Council led the #5. The City Council and Pledge of Allegiance. Mayor presented a resolution to Northwest Intermediate School #3. Councilmember Godfrey which was recently cited as an moved and Councilmember Kirk exemplary school by the United seconded to approve the minutes of States Department of Education. the Salt Lake City Council for the regular meetings held Tuesday, Councilmember Bittner read October 3, 1989, and Thursday, the resolution and she, the Mayor October 5, 1989, which motion and Mr. Stepan presented it to the carried, all members present voted vice principal of the school. aye. (M 89-1 ) Councilmember Godfrey moved and Councilmember Kirk seconded to #4. The City Council and adopt Resolution 117 of 1989, Mayor presented a resolution to which motion carried, all members Jackson Elementary School recog- present voted aye. nizing Barbara Lewis' problem (R 89-1) solving classes and her students who have received national and #6. The City Council and local awards for service to the Mayor presented a resolution to community. West High School commending Prin- cipal Harold J. Trussel who was Councilmember Bittner read selected as the Principal of the the resolution. She, the Mayor Year for the State of Utah and and Keith Stepan from the Board of commending the school which was Education presented the resolution recently honored by the United to Barbara Lewis and her class. States Department of Education. Councilmember Godfrey moved Councilmember Bittner read and Councilmember Kirk seconded to the resolution and she, the Mayor 89-280 PROC INGS OF THE CITY COUNCIL OF SALT LAKE CI I, UTAH TUESDAY, OCTOBER 10, 1989 and Mr. Stepan presented it to CONSENT AGENDA Harold Trussel. Mr. Stepan said he appreciated the Mayor's and Councilmember Godfrey moved Council ' s recognition of these and Councilmember Kirk seconded schools. He said the school to approve the consent agenda, systems were working hard to do a which motion carried, all members good job and were grateful for present voted aye. having been recognized by the United States Department of Educa- #1. RE: Adopting Resolution tion. 120 of 1989 accepting the OKOA Annexation petition submitted by Councilmember Godfrey moved William Holyoak, Petition 400-569, and Councilmember Kirk seconded to for City Council review. adopt Resolution 118 of 1989, (P 89-347) which motion carried, all members present voted aye. NEW COUNCIL BUSINESS (R 89-1) #1. Re: The reappointment of #7. The City Council and George Maxwell to the Salt Lake Mayor presented a resolution to City Arts Council. Judge Memorial Catholic High School which was recently honored ACTION: Councilmember Stoler by the United States Department of moved and Councilmember Bittner Education. seconded to suspend the rules and approve the reappointment on first Councilmember Godfrey read reading, which motion carried, all the resolution and he and the members present voted aye. Mayor presented it to John McGean, (I 89-7) principal. Mr. McGean thanked the Council for this recognition. He #2. RE: The reappointment of said the cooperation between the Carleen Jimenez to the Salt Lake private sector, the Catholic City Arts Council. educational system, the State of Utah and public sector had always ACTION: Councilmember Stoler been excellent. Councilmember moved and Councilmember Bittner Horrocks said that Judge Memorial seconded to suspend the rules and had always set an example of approve the reappointment on first excellence in education. reading, which motion carried, all members present voted aye. Mayor DePaulis said it was (I 89-7) significant for the city to recog- nize the schools represented at #3. RE: The reappointment of this meeting and know that these Lyle Knudsen to the Historical schools represented the school Landmark Committee. system. He said this was a symbol of the strength and diversity of ACTION: Councilmember Stoler the city. moved and Councilmember Bittner seconded to suspend the rules and Councilmember Godfrey moved approve the reappointment on first and Councilmember Kirk seconded to reading, which motion carried, all adopt Resolution 119 of 1989, members present voted aye. which motion carried, all members (I 89-18) present voted aye. (R 89-1) 89-281 PROCOKINGS OF THE CITY COUNCIL OF SALT LAKE CIO, UTAH TUESDAY, OCTOBER 10, 1989 #4. RE: The reappointment of seconded to refer this to the Louis Schricker to the Historical Committee of the Whole, which Landmark Committee. motion carried, all members present voted aye. ACTION: Councilmember Stoler (I 89-5) moved and Councilmember Bittner seconded to suspend the rules and #9. RE: The appointment of approve the reappointment on first Beverly Peck to the Salt Lake City reading, which motion carried, all Recreation Advisory Board. members present voted aye. (I 89-18) ACTION: Councilmember Fonnes- beck moved and Councilmember Kirk #5. RE: The reappointment of seconded to refer this to the France Davis to the Housing Committee of the Whole, which Authority. motion carried, all members present voted aye. ACTION: Councilmember Stoler (I 89-21) moved and Councilmember Bittner seconded to suspend the rules and #10. RE: A resolution con- approve the reappointment on first senting and approving the reading, which motion carried, all financing by the Redevelopment members present voted aye. Agency of certain public improve- (I 89-19) ments in Block 57, declaring that such improvements are of benefit #6. RE: The reappointment of to said project area, and related Andy Gallegos to the Utah Air matters. Travel Commission. ACTION: Councilmember Fonnes- ACTION: Councilmember Stoler beck moved and Councilmember moved and Councilmember Bittner Bittner seconded to suspend the seconded to suspend the rules and rules and adopt Resolution 115 of approve the reappointment on first 1989 on first reading, which reading, which motion carried, all motion carried, all members pre- members present voted aye. sent voted aye. (I 89-20) (Q 89-6) #7. RE: The reappointment of UNFINISHED COUNCIL BUSINESS Virginia Buchanan to the Utah Air Travel Commission. #1. RE: Canvass of the Pri- mary Election and the Municipal ACTION: Councilmember Stoler Election/Olympic Games Opinion moved and Councilmember Bittner question. seconded to suspend the rules and approve the reappointment on first ACTION: Councilmember God- reading, which motion carried, all frey moved and Councilmember members present voted aye. Stoler seconded to adjourn as the (I 89-20) City Council, which motion car- ried, all members present voted #8. RE: The appointment of aye except Councilmember Fonnes- Lynn Beckstead to the Planning beck who was absent for the vote. Commission. Councilmember Godfrey moved ACTION: Councilmember Fonnes- and Councilmember Stoler seconded beck moved and Councilmember Kirk to convene with the Mayor as the 89-282 PROCIRINGS OF THE CITY COUNCIL OF SALT LAKE CI , UTAH TUESDAY, OCTOBER 10, 1989 Board of Canvassers, which motion ACTION: Councilmember Stoler carried, all members present voted moved and Councilmember Kirk aye except Councilmember Fonnes- seconded to adopt Ordinance 63 of beck who was absent for the vote. 1989, which motion carried, all members present voted aye except Councilmember Godfrey moved Councilmember Fonnesbeck who was and Councilmember Bittner seconded absent for the vote. to approve and certify the ab- (P 88-146) stract of votes constituting the canvass of the Primary Election #3. RE: A reduction in the held -October 3, 1989, for Council amount of the issuance of the Members in Council Districts 1, 3, proposed Industrial Development 5, and 7, which motion carried, Revenue Bonds (Compeq Internation- all members present voted aye al Co. ) from not to exceed $9, - except Councilmember Fonnesbeck 300, 000 to not to exceed $1,000, - who was absent for the vote. 000. Councilmember Godfrey moved ACTION: Councilmember God- and Councilmember Kirk seconded to frey moved and Councilmember authorize the City Recorder to Bittner seconded to set a date for prepare an abstract of the votes a public hearing to be held on cast in the Municipal Election to Tuesday, November 7, 1989, at 7:00 be held November 7, 1989, for p.m. , which motion carried, all Councilmembers of Districts 1, 3, members present voted aye except 5, and 7, and the Olympic Referen- Councilmember Fonnesbeck who was dum, which motion carried, all absent for the vote. members present voted aye except Councilmember Fonnesbeck who was DISCUSSION: Councilmember absent for the vote. Bittner said she hoped that at some point the city could find out Councilmember Godfrey moved if this company was really going and Councilmember Horrocks second- to move to Salt Lake. She said ed to recess as the Board of this was a Taiwanese company that Canvassers, which motion carried, had announced they were coming to all members present voted aye Utah. except Councilmember Fonnesbeck who was absent for the vote. Cindy Gust-Jenson, Council Executive Director, said she spoke Councilmember Godfrey moved with Dick Fox, bond counsel, and and Councilmember Kirk seconded to he indicated that this project was reconvene as the City Council, progressing. which motion carried, all members (Q 89-3) present voted aye except Councilmember Fonnesbeck who was #4. RE: Reducing various absent for the vote. funds and increasing the Steiner (U 89-1 and U 89-2) Aquatics Center by $733,329. #2. RE: An ordinance clos- ACTION: Councilmember Cod- ing a portion of Elgin Avenue frey moved and Councilmember Kirk located west of 1100 East Street seconded to reduce the FY 89 and close a dead end stub of 1100 CIP/GF contingency by $620,000, East Street located south of Elgin reduce Fire Station #10 by $51, - Avenue pursuant to Petition 400- 000, reduce Riverside Park parking 350 submitted by Harold Wilkinson. by $50,000, reduce FY 88 CIP/GF 89-283 PROCEtDINGS OF THE CITY COUNCIL OF SALT LAKE CI , UTAH TUESDAY, OCTOBER 10, 1989 slippage by $7, 240, reduce FY 87 random with the philosophy of CIP/GF slippage by $795, reduce FY broad geographical representation. 86 CIP/GF contingency by $4, 294, He said the Mayor requested that and increase the Steiner Aquatics the Historical Landmark Committee Center by $733, 329, which motion and the Planning Commission review carried, all members present voted the proposed change. He said both aye except Councilmember Fonnes- groups voted against Mr. Hardman's beck who was absent for the vote. proposal and the Planning Commis- (B 89-7) sion recommended a revised draft. PUBLIC HEARINGS The following citizens spoke: #1. RE: A public hearing at Willy Littig, 121 D Street, 6: 20 p.m. to obtain comment con- past chair of the Avenues Communi- cerning and consider adopting an ty Council, said the Avenues ordinance regarding the appoint- Community Council questioned the ment procedures to the Historical proposed change since a maximum of Landmark Committee. only eight people from the Avenues could be on the board. He said ACTION: Councilmember God- currently there were unfilled frey moved and Councilmember Kirk positions on the Landmarks Commit- seconded to continue the public tee and the City Council could hearing to Thursday, October 12, approve or not approve names which 1989, with a 15 minute time limit, were submitted. He said the pro- which motion carried, all members posal seemed like unnecessary present voted aye. control over a body of people living in historic homes and said DISCUSSION: Councilmember because people in this area lived Fonnesbeck said she had spoken in historic homes, they were with a number of people who wanted interested in participating on to address Councilmember Hardman the Historical Landmarks Commit- about this issue. Since he was tee. He didn't think the Council absent, he had requested that the would want to limit participation Council delay action until Novem- but would want to encourage it. ber 7. Councilmember Fonnesbeck said she did not want to delay the Michael Stransky, chair of hearing until November 7 since the Landmark Committee, speaking this issue had been pending for for himself and two other members, several months and was of great said peoples' interest in serving concern to many people in her was the most important qualifica- district. She suggested that the tion and where they lived was Council hold the public hearing as secondary. He said it was impor- scheduled and then continue it to tant not to penalize one district Thursday, October 12, for a period because that area was interested of 15 minutes so people could in participating. He thought the address Mr. Hardman directly. proposed ordinance was too narrow in focus and said a well-qualified Bil Schwab, planning and architect nominated by the heri- zoning, said that late in 1988 tage foundation would not be able Councilmember Hardman proposed an to live in the Avenues. He said ordinance which addressed appoint- the existing ordinance allowed ments of membership. He said the approval of all appointees by the current procedure allowed for Council and the Council could appointments by the Mayor at nominate other members. He sup- 89-284 PROCIRINGS OF THE CITY COUNCIL OF SALT LAKE CI , UTAH TUESDAY, OCTOBER 10, 1989 ported the Planning Commission' s people serving on the Landmarks version of the ordinance. Committee. She said she was on the Urban Forestry Board and said Robert Bliss, 27 University it was hard to find good people to Street, representing the Salt Lake serve. She suggested that if the Chapter of the American Institute Council wanted a broader geograph- of Architects, said he served two ical representation then they terms on the Landmarks Committee. should communicate their desires He said he believed that the to the Board and she said she committee was working well except thought the various boards were that it didn't have its quota of responsive to what the Council members. He said the Salt Lake wanted. Chapter of the AIA believed the ordinance should remain as it now Brigitta Wray, chair of the existed. Greater Avenues Community Coun- cil, said they rejected the pro- Hermoine Jex, 272 Wall, posed ordinance for the following speaking for herself, Faye Nic- reasons: 1) The current ordi- hols and Norma Amodt, said the nance contained a provision for Historic Landmark Committee was a "advice and consent" by the Coun- remnant of what she started 40 cil. 2) To require that a person years ago as chair of the valley not live in a given part of the wide chapter of the Utah State city disenfranchised interested Historical Society. She said and qualified citizens. 3) Three several months ago the Capitol seats on the committee were "des- Neighborhood Council and the ignated members" : one from the Association of Councils took the Salt Lake Chapter of the American position that the existing plan Institute of Architects, one from was working, members were dedicat- the Utah Heritage Foundation and ed and responsible, and with new one liaison member from the Plan- historic districts being formed ping Commission. Nominees from city-wide representation would these bodies sometimes lived in a follow. historic district and under the proposed ordinance, either a She said the geographic current member living in the same balance of representatives on the district would have to resign or Historical Landmarks Committee was the nominee would have to be not as important as having members rejected. who cared about saving the heri- (0 89-7) tage. She said Councilmember Hardman' s proposal was too limit- #2. RE: A public hearing at ing and made little sense. She 6:30 p.m. to obtain comment con- said the crucial point was that cerning and consider adopting an the Mayor and Council appointed ordinance regarding closing Walker persons who were willing to give Place, Carson Street in Block 40, the time and energy, had the and Eardley Avenue in Block 21, expertise, lived in heritage homes Salt Lake City Survey, pursuant to and were devoted to historical Petition 400-761 submitted by preservation. Sinclair/Little America - R.E. Holding. Jennifer Harrington, 480 F ACTION: Councilmember Kirk Street, opposed changing the moved and Councilmember Godfrey ordinance. She said it was seconded to close the public important to have interested hearing, which motion carried, all 89-285 PROCE DINGS OF THE CITY COUNCIL OF SALT LAKE CI , UTAH TUESDAY, OCTOBER 10, 1989 members present voted aye except 5) The public would benefit Councilmember Fonnesbeck who was from the improved appearance of absent for the vote. the southern gateway to downtown. Councilmember Godfrey moved 6) The public would receive and Councilmember Kirk seconded to financial benefits by placing the adopt Ordinance 64 of 1989, which property on the tax roles. motion carried, all members voted aye except Councilmember He said the Planning Commis- Fonnesbeck who was absent for the sion found that the existing vote. rights of way were not presently used for any substantial public DISCUSSION: Allen Johnson, benefit and the location of the director of planning and zoning, rights of way were inconsistent outlined the area on a map and with any desirable future benefit. said the city had previously He said there was substantial closed the north half of Carson benefit to be obtained with the Street. He said the Planning immediate beautification of the Commission recommended that the block faces. streets be closed as requested and sold at fair market value, based On a drawing, Mr. Johnson on a fair value exchange similar showed where the petitioner in- to what the city did with the Rick tended to beautify the street- Warner project and the Clark scape. He said this was important Financial project in Sugar House. because the south end of downtown was considered a "thorn" and this He said the Planning Commis- was a chance to make the south sion determined the following: half of downtown as beautiful as the north end. He said the peti- 1 ) A portion of Eardley tioner intended to landscape the Avenue was not a functional street areas on the four blocks consis- and the adjacent land could be tent with the landscaping scheme better utilized if the public on the Little America block. He street was closed. said the petitioner would improve the sidewalks and curbs and gut- Mr. Johnson pointed out that ters, which was important since they would only close the rear there were a number of deteriorat- portion of Eardley and would leave ed sidewalks. He said the bene- 100 feet open since it was used as fits which Salt Lake City would access for the businesses on the receive were immense in terms of south side of Eardley. landscape beautification, improve- ments to the infrastructure, and 2 ) Walker Place and Carson the public liability and safety. Streets served no vital transpor- tation function. Councilmember Stoler said at a previous meeting the Council was 3 ) The closures would create informed that the property owners more buildable parcels on Blocks did not object to closing Walker 40 and 21 . Place. However in the Council 's Committee of the Whole meeting 4) The public would receive prior to this Council meeting, a safety, liability and aesthetic representative for one of the benefits from the improved infra- property owners (Holbrook) indi- structure. cated that there was a problem 89-286 PROADINGS OF THE CITY COUNCIL OF SALT LAKE C , UTAH TUESDAY, OCTOBER 10, 1989 since Walker Place added value to Mr. Johnson verified on a his client' s property. map for Ms. Holt which portion would be closed and which portion Mr. Johnson indicated on a would remain open. He also point- map the property which the Hol- ed out that if in the future a brooks owned and said they had a petitioner requested closure of 20 to 30 foot access off the end the additional portion of Eardley of Walker Place into the back of Avenue, the request would have to their property. He also indicated go through the public hearing the surrounding property which the process before the City Council. petitioner owned. He said he Councilmember Horrocks pointed out talked with Bruce Baird and Steven that the City Council was sympa- Allred from the Attorney's Office thetic to property owners if and discussed whether or not street closures would be detrimen- closing the Holbrook's portion tal. would be denying access to their property. He said the attorneys Mr. Peterson said they had no felt that the city had the author- intention of closing the portion ity to close the street since the of Eardley Avenue to which Ms. Holbrook' s primary access was off Holt referred. He pointed out, of West Temple and any litigation however, that her tenant did not would not be successful against use Eardley for access but used it Salt Lake City. He also said for parking additional used cars there was no definitive informa- for sale. He said they had asked tion as to whether or not the him to move the cars. Mr. Holbrook' s property was more Peterson also said that the tenant valuable because of Walker Place. had opened a towing business on a portion of the petitioner' s prop- Chris Peterson, representing erty without their permission. the petitioner, said he believed this closure was a good idea since Benson Hathaway, counsel for it would allow for beautification the owners of the Brookson Build- of a major portion of the south ing (Holbrook) , said the owners end of Salt Lake, it would allow had approximately 20, 000 square the master planning of this five- feet at the end of Walker Place. block area to continue, it would He said his clients had never been reduce the city's obligation to approached by anyone with respect maintain a street not serving the to what was happening with the public interest, and it would add block. He said the notice of the over 45,000 square feet of street Planning Commission' s meeting was space to the tax rolls. their first indication that there was any effort to close the Martha Holt, property owner street. of 651 South Main, said if the 100 feet of Eardley Avenue was not He said according to the closed, this would solve her Brookson tax notice, 33 feet of problem. She expressed her con- the 66-foot wide Walker Place ran cern that if that portion were into their property for approxi- closed her property wouldn't have mately 16 feet. He said Brook- access and her current lessee son and their tenants had used wouldn't renew his lease. She this street as access to load and indicated that if a portion of unload trucks and this street had Eardley Avenue remained open then previously been used by Paramount she wasn' t opposed. Beauty Supply before their fire. 89-287 PROC DINGS OF THE CITY COUNCIL OF SALT LAKE C , UTAH TUESDAY, OCTOBER 10, 1989 Because of that use, this portion given for the denial of access. of Carson Street was not closed when previously requested. Councilmember Godfrey said this issue was not dealing with He said Little America was condemnation. He said the Coun- interested in receiving this cil was considering a request to property in exchange for improve- close certain streets and they ments and he asked whether or not would consider whether or not a they intended to improve the property owner needed the streets portion of the block owned by for access. He said the general Brookson. He also asked if the policy had been that the streets value of the improvements was would not be closed if the proper- commensurate with the fair market ty owners required their use for value of the property. He said if access to their property. this road was closed, Brookson would be denied their rear prop- Mr. Hathaway said he was erty access. He also said this arguing that there was a property was not an abandoned roadway interest, the access, which would since there was curb and gutter be denied if the Council approved and people parked at the meters. the street closure. Mr. Godfrey said Mr. Hathaway had made it He said it was well estab- clear that his clients were not lished in Utah that access over a using this street for access to public roadway was a property their property at the present right and was protected by the time. Mr. Hathaway affirmed "not Constitution so it couldn't be at the present time. " taken without just compensation to whom access was denied. He said Councilmember Stoler said Brookson was willing to purchase Mr. Hathaway indicated it had the property in order to preserve legally been established that if the access and felt it enhanced the road was used for access then the property. He did not dispute it was a property right. He that the city could close this asked when a person would lose property but said it must be taken that property right. Mr. Hathaway for a public use. He expressed said the cases he reviewed stated his opinion that the only interest that when there was an access being served was that of Sinclair across a public roadway, to im- and he said their plans showed use pinge or deny access was equiva- of the Brookson property when no lent of taking away a property one had approached Brookson. right. He said there was no public Steven Allred, deputy city reason to deny access and abandon attorney, agreed that there was a the roadway and said just compen- property interest to access but sation would be denied if the disagreed that the property owner city exchanged the property for had an interest to a particular improvements. He requested that access. He said the owners had a the road not be closed but if the right to access and their access Council felt strongly about aban- would be retained on West Temple. doning the property, he suggested He said he didn't think that any that the proper avenue to pursue property owner had an interest in was a condemnation proceeding so a particular road and the recent a public use could be demonstrated line of cases would state that it and just compensation could be didn't even need to be the most 89-288 PROC DINGS OF THE CITY COUNCIL OF SALT LAKE C., UTAH TUESDAY, OCTOBER 10, 1989 convenient access. He said, bid for the property if the Coun- therefore, that as long as there cil closed it. Mr. Hathaway was West Temple access the city' s confirmed that this was the case. requirements had been fulfilled. Mr. Allred said in the past Councilmember Horrocks asked the city had been in situations if there was a perpetual right where there were divergent inter- associated with access when it had ests in purchasing property. He been used previously. Mr. Allred said the Real Property Management said a private property owner did Office had done one of two things: not have the ability to adversely1 ) put the property out for bid possess public property. By using when authorized to do so, or 2) public property they did not gain made a determination that only one a private interest in the proper- property owner could put the ty. property to its highest and best use. Councilmember Bittner asked if any of the other property Mr. Johnson said from the owners on Carson Street were standpoint of assembling a "build- opposed. Mr. Johnson said the able" parcel, turning the property petitioner owned all the property over to the petitioner addressed except the 33-foot stub at the this issue. Mayor DePaulis said end. He said the only other this issue was before the Council property owner was Ms. Holt whose as a result of a petition and not property was on Eardley Avenue. because this property was consid- Councilmember Horrocks asked how ered surplus property. He said many property owners were involved normally there wouldn't be a and Mr. Johnson said three: the bidding process on a street clo- Holts, Mr. Holbrook (Brookson), sure hearing. and Sinclair, the petitioner. Mr. Johnson said the Real Mayor DePaulis reiterated Property Management Division that the issue of access dealt requested that this property be with availability of access and appraised and the reported value not dual access. Mr. Allred said was $647, 500. He said exchange of the city didn' t guarantee a par- improvements would be similar to ticular access. what the city did with Clark Financial or the Gateway project. Mr. Johnson said if the He said the city would receive property were to redevelop, Carson $647, 500 plus in improvements on Street was a substandard street in the blocks. terms of how it ended into the Holbrook property. He said cur- Councilmember Horrocks asked rent policy was to either put the if closing this street would terminus into a cul-de-sac or devalue Mr. Holbrook's property. hammerhead turn around. He said Mr. Johnson said he thought it even if the street was left in would have a neutral effect. He place they would need a street said if the street remained open, dedication to make the 33 feet the city would require a cul-de- conform to present policy. sac or hammerhead turn around and substantial curb and gutter im- Councilmember Stoler said he provements which would offset any understood that Mr. Hathaway' s value from having a 30-foot access client wanted the opportunity to off the stub of a dead-end. 89-289 PROC INGS OF THE CITY COUNCIL OF SALT LAKE CR, UTAH TUESDAY, OCTOBER 10, 1989 Jim Gibson, 3315 East Nutmeg he was reluctant to delay this Street, said he worked in the issue or ask the property owners downtown area and rented covered to negotiate. parking space. He was concerned that he would lose his parking in Councilmember Kirk said the Walker Place. idea behind negotiating was that there was a possible solution. Mr. Peterson said they would She said it seemed to her that the maintain much of the area in two property owners would always parking but the building Mr. disagree about this issue so she Gibson referredto was unsafe and didn't see how negotiation was so it would need to be torn down. possible. Councilmember Stoler He said they planned to expand said it seemed to him that the two their parking operation. property owners hadn't even gotten together to talk about this issue. B.T. Price, city resident, suggested that the Council consid- Ken Knight, representing the er this issue carefully. petitioner, said they had conver- sations with the Holbrooks on a Councilmember Stoler ex- continuous basis and had offered pressed his concern about the to purchase their property on property conflict and suggested numerous occasions for the ap- that the Council delay action praised value. He said the Hol- until the property owners had an brooks had denied their offer and opportunity to negotiate. He said had not wanted to deal on the he wanted to see the property appraised value. assembled but didn't feel comfort- able acting under the present Councilmember Godfrey asked circumstances with the property what discussions Little America owners. had with the Holbrooks about the closure of the street. Mr. Knight Councilmember Godfrey said said they hadn't talked to them the property owner needed access about the closure. He expressed to his property and he had that on his opinion that the Council West Temple. By closing the either closed or didn' t close the street no one would lose access street. and he said it was no different than anything else they had dealt Mayor DePaulis said at the with before. initial meetings the administra- tion was not aware of any opposi- Councilmember Stoler suggest- tion although the access question ed that both property owners be had been raised before. He said given the opportunity to bid for this issue was not about a single purchase of the property. access being denied but the ques- Councilmember Godfrey said the tion being raised was about dual issue was who could make the best access. Mayor DePaulis said the use by assembling the property. petitioner was hoping that the He said the petitioner requested improvements could be installed the street closures and was not this construction season and said trying to steal someone's proper- the proposed improvements were a ty. He said by closing the significant trade off for the streets the city would not deny public good. anyone access. He said the peti- tion went through the process and 89-290 PROC,INGS OF THE CITY COUNCIL OF SALT LAKE CI , UTAH TUESDAY, OCTOBER 10, 1989 Councilmember Bittner said development on this property she she disliked denying any property should support the petitioner so owner rights to their property and he could continue the project. said it seemed to her that part of the issue was the value of the Councilmember Horrocks asked property. She said the petitioner if the abutting property owners agreed to install improvements had been notified throughout this equal to the value of the property petition process. Mr. Johnson and she wondered if this offer had said Salt Lake City complied with been extended to Mr. Holbrook to the notice requirements prescribed allow him to do the same. by the State of Utah and city ordinance. He said the first Mayor DePaulis reiterated notification was for a Planning that this was not a surplus prop- Commission informal hearing and a erty issue and therefore required copy of the staff report was hand no bidding process. Councilmember delivered to the abutting property Bittner said one issue was to owners. He said notices were assemble a developable portion of advertised in the newspaper and land and the other issue was the agendas were posted in conformance value of the street. She said in with sunshine requirements. He the past the city had enabled said the City Recorder's office adjacent property owners to share followed the requirements for in the cost of the street and keep noticing public hearings before it open. the City Council. Mr. Johnson said in this case they sent notice Councilmember Godfrey said to the recorded property owner and that if the Council wanted to keep hand delivered a copy to the the street open then they wouldn' t tenant. support the petition or they would amend the proposed ordinance. He Ira Holbrook, general partner said the Council was not in the for the Brookson property, said business to sell streets to the after the fire at Paramount Beauty highest bidder. He said when the Supply he approached Little Ameri- city sold a street to someone it ca about purchasing his property was for a purpose; in this case to but told them he wouldn' t dicker. amass land for a project. Mayor At that time they wouldn't pur- DePaulis pointed out that this chase his property but he said issue was the same as the Shopko sooner or later they would need proposal that the Council recently to talk to him and he asked why approved, they wouldn't do it now. Councilmember Horrocks said Councilmember Godfrey said it if the city kept the street open, seemed clear to him that the issue it would be the city' s responsi- for Mr. Holbrook was about selling bility to maintain it. his property to Little America. He said it appeared that the Councilmember Bittner said Council was getting into part of there was no plan for the immedi- those negotiations which was not a ate use of the property aside from function of the Council. He said landscaping. Councilmember Godfrey the issue before the Council was said this was similar to Block 57 whether or not to close the in terms of assembling the proper- streets and sell the property to ty and he suggested that if the petitioner. Councilmember Bittner wanted a 89-291 PROC INGS OF THE CITY COUNCIL OF SALT LAKE CIT", UTAH TUESDAY, OCTOBER 10, 1989 Councilmember Bittner said clair property but he could still she was uncomfortable about go in and out on his own property. getting into any kind of negotia- (P 89-319) tion between two property owners. She said her concern was to be #3. RE: A public hearing at careful to not cut off a legiti- 6:40 p.m. to obtain comment con- mate access. cerning and consider adopting an ordinance regarding vacating Councilmember Stoler asked if Coatsville Alley between 316 Mr. Holbrook was using the street Coatsville and 322 Coatsville for access. Mr. Johnson said Mr. pursuant to Petition 400-722 Hathaway' s testimony at the submitted by Dale Smith. Planning Commission meeting was that delivery trucks had been ACTION: Councilmember God- using it because it was easier frey moved and Councilmember than coming off of West Temple. Bittner seconded to close the He said in some cases they were public hearing, which motion crossing over Mr. Holding' s prop- carried, all members present voted erty to access the back of their aye except Councilmembers building. Fonnesbeck and Stoler who were absent for the vote. Mr. Peterson pointed out on a map how the Holbrooks were Councilmember Godfrey moved accessing their property. He said and Councilmember Kirk seconded there was a grade change at the to adopt Ordinance 65 of 1989, end of the street and it was not which motion carried, all members possible for a truck to drive over present voted aye except Council- it. He said the only access to members Fonnesbeck and Stoler who the Holbrook property via Walker were absent for the vote. Place had been by crossing the 33- foot section owned by Sinclair. DISCUSSION: Allen Johnson, He said for $1 .00 they had leased planning director, outlined the the property to the Holbrooks. area on a map and said the alley He also noted that the petitioner was 12 feet wide and 110. 5 feet had 1, 200 feet of frontage on long. He said both property this street and Holbrooks had owners approved the petition and about 50 feet of frontage. He said no one else had access from the if the Holbrook property was alley. He said the planning staff redeveloped to its maximum possi- recommended approval of the peti- ble density, the current building tion. No one from the audience could be replaced with a building spoke. about 3,000 feet bigger. (P 89-349) Councilmember Stoler asked #4. RE: A public hearing at Mr. Holbrook if he was using the 6:50 p.m. to obtain comment re- Sinclair property to access his garding and consider adopting an property and Mr. Holbrook said no ordinance amending Section 5.04. - they were not. Councilmember 070 relating to the exemption from Stoler asked Mr. Holbrook if he payment of a portion of business could access his property over the license fees. incline. Mr. Holbrook said his access was easier using the Sin- ACTION: Councilmember God- frey moved and Councilmember Kirk seconded to close the public 89-292 PROCIDINGS OF THE CITY COUNCIL OF SALT LAKE CI , UTAH TUESDAY, OCTOBER 10, 1989 hearing, which motion carried, all members present voted aye except Councilmember Fonnesbeck who was absent for the vote. Councilmember Kirk moved and Councilmember Stoler seconded to adopt Ordinance 66 of 1989, which motion carried, all members present voted aye except Councilmember Fonnesbeck who was absent for the vote. DISCUSSION: Bob Bridge, lic- ense supervisor, said the current ordinance was cumbersome, bur- densome and expensive to admin- ister. He said the Treasurer's Office estimated that it cost $40.00 in order to give a $25.00 refund. He said the proposed ordinance would make the process less of a burden on the city and would conform with other political subdivisions in the valley. He said the staff recommended that the Council adopt the ordinance. No one from the audience addressed this issue. (0 89-38) The meeting adjour at 9:05 p.m. AWel COUNCI CHAIR T R C RDER 89-293 fQk hQQ l oL for cinui :AC.T LAKE CITY COUNCIL AGENDA, CITY COUNCIL CHAMBER ROOM 315, CITY AND COUNTY BUILDING 451 SOUTH STATE STREET Tuesday, October 10, 1989 6:00 p. m. A. BRIEFING_SESSION: 5:00 - 5: 55 p.m. , Room 325 City and County Building, 451 South State. —'--- 1. Report of the Executive Director. 2. The Council will interview Christine Chalkley for appointment to the Urban Forestry Board. B. OPENING CEREMONIES: 1. Invocation. 2. Pledge of Allegiance. 3. Approval of the Minutes. The City Council and Mayor will present a Resolution to Jackson Elementary School. 5. The City Council and Mayor will present a Resolution to Northwest Intermediate School. 6. The City Council and Mayor will present a Resolution to West. High School. 7. The City Council and Mayor will present a Resolution to Judge Memorial High School. C. COMMENTS: 1. Questions to the Mayor from the City Council. 2. Citizen Comments to the Council. D. CONSENT: 1. Petition No. 400-569 OKOA Annexation submitted by William D. Holypak Consider adopting a motion accepting the resolution for the OKOA Annexation submitted by William D. Holyoak pursuant to Petition No. 400-569. ( P 89-347) Staff recommendation: Adopt. E. NEW COUNCIL BUSINESS: 1. Salt Lake City Arts Council Reappointment Consider approving the reappointment. of George Maxwell to the Salt Lake City Arts Council. ( I 89-7) Staff recommendation: Refer to Consent. 2. Salt Lake City Acts Council Reappointment Consider approving the reappointment of Carleen Jimenez to the Salt Lake City Arts Council. ( I 89-7) Staff recommendation: Refer to Consent. 3. Historical Landmark Committee Reappointment Consider approving the reappointment of Lyle Knudsen to the Historical Landmark Committee. ( I 89-18) Staff recommendation: Refer to Consent. 4. Historical Landmark Committee Reappointment Consider approving the reappointment of Louis Schricker to the Historical Landmark Committee. ( I 89-18) Staff recommendation: Refer to Consent. 5. HousingLAuthority_ ReapppAntpent Consider approving the reappointment of France A. Davis to the Housing Authority. ( I 89-19) Staff recommendation: Refer to Consent. 6. Utah Air Travel Commission Reappointment Consider approving the reappointment of Andy Gallegos to the Utah Air Travel Commission. ( I 89-20) Staff recommendation: Refer to Consent. 7. Utah Air Travel Commission Reappointment Consider approving the reappointment of Virginia Buchanan to the Utah Air Travel Commission. ( I 89-20) Staff recommendation: Refer to Consent. 8. Planning Commission ointment Consider approving the appointment of Lynn Beckstead to the Planning Commission. ( I 89-5) Staff recommendation: Refer to Committee of the Whole. 9. Salt. Lake City Recreation Advisory Board Appointment Consider approving the appointment of Beverly Peck to the Salt Lake City Recreation Advisory Board. ( I 89-21 ) Staff recommendation: Refer to Committee of the Whole. ® Block 57 Devel.dp;_ent Consider adopting a resolution consenting and approving the financing by the Redevelopment. Agency of certain public improvements in Block 57; declaring that such improvements are of benefit to said project area; and related matters. 540c, (Q 89-6) /c lotte, jOuot Staff recommendation: Suspend the rules and adopt on first reading. F. UNFINISHED COUNCIL BUSINESS: Board of Canvassers 1. Canvass of Municipal Election and O.lyrrpic Games Opinion Question Consider convening as the Board of Canvassers and: A. Adopting a motion approving and certifying the abstract of votes constituting the canvass of the primary election held October 3, 1989 for Council Members in Council districts 1, 3, 5, and 7. (U 89-1 ) Staff recommendation: Adopt. B. Adopting a motion authorizing the City Recorder to prepare an abstract of the votes cast in the municipal election to be held November 7, 1989, for Councilmembers of Districts 1, 3, 5, and 7, and the Olympic Referendum question and recess the Board until the abstract is complete. (U 89-2) Staff recommendation: Adopt. 2. Petition No. 400-350 submitted by Harold Wilkinson Consider adopting an ordinance closing a portion of Elgin Avenue located west of 1100 East Street and a dead end stub of 1100 East Street located south of Elgin Avenue pursuant to Petition No. 400-350 submitted by Harold Wilkinson. (P 88-146) Staff recommendation: Adopt. aIndustrial Development Revenue Bonds- Compeq International Co. , Ltd. Pn�� Set date to hold a public hearing on November 7th at 7:00 p.m. to obtain comment regarding and consider approving a reduction in the amount of the ��� issuance of the proposed bonds from not to exceed $9, 300,000 to not to exceed $1,000,000. (Q 89-3) Staff recommendation: Set date. 4. Legislative Budget. Revision_ of_the_CIP/GF Consider adopting a motion that the FY CIP/GF Contingency be reduced by $620,000; that. Firestation #10 project be reduced by $51,000; that Riverside Park Parking project be reduced by $50,000; that FY 88 CIP/GF slippage be reduced by $7,240; that. FY 87 CIP/GF slippage be reduced by $795; that. FY 86 CIP/GF Contingency be reduced by $4, 294; and that the Steiner Aquatics Center project be increased by $733, 329. ( B 89-7) Staff recommendation: Adopt. G. PUBLIC HEARINGS: Legislat.ive Action _-_ Council Member. Alan Hardman 6:20 p.m. Obtain public comment concerning and consider adopting an ordinance regarding the appointment procedures to the Historical Landmark Committee. (0 89-7) Staff recommendation: Close hearing and table to November 7 meeting. 2. Petition No. 400-761 submitted by Sinclair/Little America by R._ E. Holding 6:30 p.m. Obtain public comment concerning and consider adopting an ordinance regarding closing Walker Place, Carson Street in Block 40 and Eardley Avenue in Block 21, Salt Lake City Survey, pursuant to Petition No. 400-761 submitted by Sinclair/Little America by R. E. Holding. (P 89-319) Staff recommendation: Close hearing and adopt. 3. Petition No. 400-722 submitted by Dale Smith 6:40 p. m. Obtain public comment concerning and consider adopting an ordinance regarding vacating Coatsville Alley between 316 Coatsville and 322 Coatsville pursuant to Petition No. 400-722 submitted by Dale Smith. (P 89-349) Staff recommendation: Close hearing and adopt. 4. Ordinance Amending Section 5. 04. 070 relating to business license fee exe,m_t.ions 6: 50 p. m. Obtain public comment regarding and consider adopting an ordinance amending Section 5. 04. 070 relating to the exemption from payment of a portion of business license fees. (0 89-38) Staff recommendation: Close hearing and adopt. H. ADJOURNMENT. ** FINAL ACTION MAY BE TAKEN AND/OR ORDINANCES ADOPTED CONCERNING ANY ITEM ON THIS AGENDA DATED: BY: CITY ECORt R ------ --- ----- -- ------- STATE OF UTAH COUNTY OF SALT LAKE ) ss. On the 6th day of October, 1989, I personally delivered a copy of the foregoing notice to the Mayor and City Council and posted copies of the same in conspicuous view, at the following times and locations within the City and County Building, 451 South State Street, Salt. Lake City, Utah: 1. At. 5:00 p.m. in the City Recorder's Office, Room 415; and 2. At 5:00 p.m. in the Newsroom, Room 343. CITY ECO5 Subscribed and sworn to before me this 6th day of October, 1989. tar Public residing in the Stat . of Utah My Commission Expires: Notary Pubic * LYNDA DOyMINO P p ` i0afa 1923 .0 APPROVAL: EXECUTI D REC OR DATE EVENT LOCATION/DETAILS RSVP? YES/NO 10/7 Martini F"ndat.ion Little America not. requested RK 15th Annual Grand Ballroom donation request Extravaganza 5: 30 - 8:30 Cocktail Dress Coat/Tie Re"q"d invite admits 2 10/8 Grand Opening Dan"s Foods light buffet Foothill Village 6-8:00 p.m. 10/11 Cathedral of the 331 E. S. Teeple yes RK Madeleine 6-8 pm written -� Restoration RDA) Inauguration Reception light buffet 10/14 Dedication of West Lawn Utah Viet Nam State Capitol Vets Memorial 2:00 p.m. 10/19 Great SL Chili UT Fairpark RSVP by 10/13 Affair/benefit Grand Bldg 359-4142 homeless 6:00 p.m. 11/11 Veteran's Day Parade route: let Janne know TG,RK,SF Parade Review S. Temple & parade and/or Main to 3rd take part in S. & Main west parade to Pioneer Park 11/25 NLCT Conference Atlanta, GA ALL BUT RK 12/6 Clark Financial Salt Lake CC yes RK,AH 6: 30 p.m. Valerie T 485-2321 * * * NEW LISTINGS SINCE LAST PRINT-OUT ARE IN BOLD PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 3, 1989 The City Council of Salt Lake City, Utah, met as the Committee of the Whole on Tuesday, October 3, 1989, at 5:00 p.m. in Room 325, City County Building, 451 South State Street. The following Council Members were present: Florence Bittner Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Willie Stoler Sydney Fonnesbeck Council Chair Stoler presided at the meeting. Cindy Gust-Jenson, Council Ms. Gust-Jenson reviewed the Executive Director, said that calendar of events as stated on included in the Opening Ceremonies the attached list. was a presentation of a resolution to the Utah Wing Cadet Drill Team of the Civil Air Patrol. She also said the Mayor' s office had re- quested that the Public Safety Award from the AAA Auto Club be delayed until the end of the meeting so that Mr. Tim Harpst of the Transportation Division could be present for the presentation. Upon request of Councilmember Kirk, Ms. Gust-Jenson reviewed the schedule of meetings through the end of the year. The Council will meet Thursday, October 5th; Tues- day, October 10th; Thursday, October 12th; Tuesday, November 7th; Thursday, November 9th; Tuesday, November 14th; Thursday, November 16th; Tuesday, November 21st; Tuesday, December 5th; Thursday, December 7th; Tuesday, December 12th; and, Thursday, December 14th. The meetings during the week of October 15th were cancelled due to the National NAHRO Conference and the meeting on November 23rd was cancelled because of Thanksgiving. Ms. Gust-Jenson said it had been suggested by a Councilmember that the department policy discus- sions be delayed until January so that any new Councilmembers would have the benefit of all of the discussions. All Councilmembers concurred with this suggestion. 89-272 COUNCIL MINUTES OCTOBER 3 , 1989 DATE EVENT LOCATION/DETAILS RSVP? YES/NO '9/30' UDOT US 40 Near Summit of not rec�• ' - zi red' Dedication new US 4 2. 5 miles north of Midway Jct. 12:00 noon 1044 SL Comm College Open Hotise not requested �� Aviation Training Facility 10:00 am - 3 pm refreshments Gov s Mansion_, yes Honor Volunteers 2-4 pm Mary Lou 467-7339 `10/4 --Retired Senior----Salt Palae' • RK,TG ----Volunteer-Program-3:00 p.m: yes/by 9/29 Banquet Second Level 468-2490 $3. 50 10/5 -Downtown-Property Marriott-7 15-a.m "------' Owner'-s-breakfast to discuss 'public uses of property 'l0/7 hiar t.iniF`ndat.ion Little America, not requested RK 15th Annual Grand Ballroom donation request Extravaganza 5: 30 - 8:30 • Cocktail Dress Coat/Tie Re"q'd invite admits 2 10/11 Cathedral of the--331 E. S. Te:T!ple' yes Madeleine 6-8 pm written Restoration Inauguration Reception light buffet 11/11 Veteran's Day Parade route: let Janne know TG,RX,SF Parade Review S. Temple & parade and/or Main to 3rd take part in S. & Main west parade to Pioneer Park 11/25 NLCT Conference Atlanta, GA ALL BUT RK 12/6 Clark Financial Salt Lake CC yes TG,RK,AH 6:30 p.m. Valerie 485-2321 NEVI LISTINGS SINCE LAST PRII`iT-OUT_ARE.HIGHLIGHTED 89-272-A PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 3, 1989 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, October 3, 1989, at 6:00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State Street. The following Council Members were present: Florence Bittner Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Willie Stoler Sydney Fonnesbeck Mayor Palmer DePaulis, Roger Cutler, City Attorney, and Lynda Domino, Chief Deputy City Recorder, were present. Council Chair Stoler presided at the meeting and Councilmember Horrocks conducted the meeting. OPENING CEREMONIES Councilmember Horrocks read the resolution, and he and the #1. Police Chaplain Thomas Mayor presented it to cadet Lt. Kaiser gave the invocation. Colonel Jarred Luther who intro- duced the cadets who were #2. The Council led the present. Councilmember Horrocks Pledge of Allegiance. said the Council and Mayor were always extolling the virtues of #3. Councilmember Godfrey Utah's young people whenever they moved and Councilmember Hardman could. He said they were proud of seconded to approve the minutes of Utah' s young people and those the Salt Lake City Council for the leaders who took the time to work regular meeting held Tuesday, with them. September 19, 1989, which motion carried, all members voted aye. Councilmember Stoler moved (M 89-1) and Councilmember Hardman seconded to adopt Resolution 112 of 1989, #4. The City Council and which motion carried, all members Mayor presented a resolution to voted aye. the Utah Wing Cadet Drill Team of (R 89-1) the Civil Air Patrol. #5. The City Council and Colonel Walton said the Civil Mayor received a Public Safety Air Patrol was an auxiliary of Award from the AAA Auto Club. the United States Air Force. He said there were 52 wings divided Jeff Rice, AAA Auto Club of into nine regions and Utah was in Utah, said 50 years ago AAA began the Rocky Mountain Region which a pedestrian protection program. included Montana, Idaho, Utah, He said that each year they would Colorado and Wyoming. He said solicit from communities informa- they had three missions: air tion such as accident records, search, aerospace education and legislation, enforcement, traffic cadet training. He said their engineering, safety program coor- drill team recently completed the dination, school traffic safety Rocky Mountain Region Drill Compe- and public education. They would tition and won. then evaluate, based on population 89-273 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 3, 1989 grouping, the quality and content walk in front of Rose Park Elemen- of those programs in each catego- tary School. They began leading ry. As a result they would then students across the street when an recognize those communities that illegally parked car started to had achieved high scores in any back quickly toward the cross particular area or high scoring walk. Eddie noticed the car and overall. reacted instantly by pulling the other safety patrol guard from the He said since AAA began the car's path. The car struck three pedestrian program, pedestrian of the students but they all fatalities had declined 43% from survived. 15, 500 during the first year of the program to 8, 800 in 1988. He Joe Anderson thanked Mr. said it was a pleasure to present Rice for the AAA Public Safety Mayor DePaulis and Salt Lake City Award and said he appreciated the with the AAA 1988 special citation honor. Tim Harpst also thanked for outstanding pedestrian program Mr. Rice and said AAA had been activities. He said this award very helpful with providing infor- was based on scoring of four of mation. He said he had used AAA the categories: legislation information to improve such things received a score of "good" , and as beepers for the blind, handicap enforcement, traffic engineering ramps, sidewalk beautification and school traffic safety received and school programs. Councilmember a score of "outstanding" . Horrocks congratulated Mr. Anderson for an outstanding pub- Mr. Rice presented the award lic works department and thanked to Mayor DePaulis and also gave Mr. Harpst for working to synchro- him a copy of the breakdown of how nize the traffic signals on 2nd the scores were achieved. Mayor West. DePaulis said he appreciated Mr. Rice being at the meeting to COMMENTS present the award and he said that Joe Anderson, director of public #1. Faye Nichols, 120 works, and Tim Harpst, transporta- McArthur Avenue, chair for the tion engineer, deserved a great People's Freeway Community Coun- deal of congratulations. The cil, said the neighborhood was Mayor thanked both of them. concerned about the Foxy Lady Lounge and they wanted this estab- Mr. Rice then introduced lishment permanently closed. Eddie Curial, a student at Rose Park Elementary School, and said The Mayor said he sent a Eddie recently visited Washington briefing to Councilmember Horrocks D.C. to receive a citation. Eddie detailing this situation and said was one of six safety patrol the city had to stay within the members in the United States to law regarding this issue in order receive the AAA life saving award to avoid a lawsuit. He said the and was the first from Utah. Mr. current tenant was out but this Rice said this award was presented did not preclude the owner from by the White House. bringing in another tenant. He explained that on Septem- Roger Cutler, city attorney, ber 21, 1988, Eddie and another said a new applicant was being safety patrol member were sta- considered but the building vio- tioned at a Sterling Drive cross- lated several codes so it wasn' t 89-274 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 3, 1989 close to being opened. Ms. involved in the operation. The Nichols said her neighborhood was Mayor said he knew these types of opposed to any establishment cases were difficult and the similar to the Foxy Lady and it neighborhood felt besieged but the seemed her area was being saturat- city had to stay within the con- ed with uses that were not improv- stitution. ing the area. She said she wanted a commitment from the city to #2. Michelle Nordgren, 249 improve the situation and keep the South 700 East, addressed the neighborhood standards in mind. issue of Salt Lake City' s sister Mayor DePaulis said the commitment city in the U.S.S.R. She ex- was there but the city couldn' t pressed her concern about the infringe upon the legal rights of implications of establishing ties the owner and needed to adequately with a Soviet city. She said the address all constitutional con- sister city agreement meant there cerns. He said he thought they would be exchanges such as litera- were pursuing the right course ture for public libraries, naming of action. of streets, development of joint business enterprises, opening of Mr. Cutler explained that restaurants, exchanges of service the Foxy Lady, who was the personnel, technology of various previous lessee, was out of busi- branches of industry, delegations ness because of illegal opera- of participating schools, televi- tions. He said the owner of the sion programs, and medical equip- property still had property inter- ment. She was concerned that this ests and the bar was properly was a way to finance communism located and zoned. He said the and expressed her opinion that owner was seeking a new tenant but they received money and technology terms had not been finalized and and we received Lenin-indoctrinat- he also said the owner had a ed young pioneers infiltrating our nonconforming-use right to operate children' s classrooms. this property as a bar. He said the structure violated health and She expressed her concern building codes and the city would that they received additional make sure the codes were met. In recognition and acceptance in our approving the license, the city cultural and civic communities would make sure that the new while America' s naive youth went licensee met all the qualifica- "eastward" to learn peace and tions and would run a valid estab- understanding and were taught KGB lishment. He said the city' s lies and distortions. She said concern was that the neighborhood Utah did not need a communist was protected but at the same time stranglehold and she appealed to they couldn't deprive the owner of the Mayor and Council to rescind his property interests. Resolution 51 of 1988 which estab- lished the sister city tie with Councilmember Stoler asked if Chernovtsy. this establishment could be con- sidered a public nuisance. Mr. #3. B.T. Price said that in Cutler said all the actions had the last election he had been a been against the former lessee, candidate for the Office of Mayor who was no longer involved. He but because he didn't file his said the city couldn't justify financial report on time his name closing this establishment for a was stricken from the ballot. He year since the owner had not been said several candidates in this 89-275 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 3, 1989 year' s election didn' t file their #4. RE: Setting a date for reports in time but got the bene- a public hearing to be held on fit of a notice giving them five Tuesday, November 7, 1989, at 6:20 days to file. He said he didn't p.m. to obtain public comment think anyone had the right to take regarding Petition 400-713 submit- his name off the ballot. ted by Wynn Johnson of the Johnson Land Company requesting an amend- Roger Cutler, city attorney, ment to the Perry' s Hollow #1 said Mr. Price had been sent a Subdivision to allow an access notice to file his financial road through the existing Lot #3. report and had failed to comply. (P 89-348) CONSENT AGENDA #5. RE: Setting a date for a public hearing to be held on Councilmember Godfrey moved Tuesday, November 7, 1989, at 6:30 and Councilmember Hardman second- p.m. to obtain public comment ed to approve the consent agenda, regarding Petition 400-569 - OKOA which motion carried, all members Annexation submitted by William voted aye. Holyoak requesting the property located on the northeast corner of #1. RE: Setting a date for a 3300 South and 1100 East be an- public hearing to be held Tuesday, nexed into Salt Lake City for the November 7, 1989, at 6:40 p.m. to purpose of developing new commer- obtain public comment regarding cial retail uses. Petition No. 400-720 submitted by (P 89-347) Kevin Koncar requesting that property located at 2613 East 2325 #6. RE: Approving the ap- South be rezoned from an "R-2" to pointment of Theophile J. Syms to a "B-3" classification. the Board of Appeals and Examin- (P 89-351) ers. (I 89-13) #2. RE: Setting a date for a public hearing to be held Tues- #7. RE: Approving the day, November 7, 1989, at 6:50 appointment of Glenda Armour to p.m. to obtain public comment the Community Development Advisory regarding Petition No. 400-719 Committee. submitted by Lester Johnson re- (I 89-2) questing an amendment to the Bambrough Place P.U.D. Subdivision #8. RE: Approving the to allow one of six duplex build- appointment of Karel Doop Mc- ings to be located five feet Donough to the Tracy Aviary Board. nearer the street. (I 89-16) (P 89-350) #9. RE: Approving the #3. RE: Setting a date for appointment of Victoria Palacios a non-advertised public hearing to to the Planning and Zoning Commis- be held Tuesday, October 10, 1989, sion. at 6:40 p.m. to obtain public (I 89-5) comment regarding Petition 400-722 submitted by Dale Smith requesting #10. RE: Adopting Resolution Coatsville Alley between 316 113 of 1989 authorizing the execu- Coatsville and 322 Coatsville be tion of an interlocal cooperation vacated. agreement between Salt Lake City (P 89-349) and the Utah State Bureau of 89-276 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 3, 1989 Criminal Identification for com- business license fees. puter access to the State' s crimi- nal identification and information ACTION: Councilmember files. Godfrey moved and Councilmember (C 89-558) Kirk seconded to set the date and refer this to the Committee of the #11. RE: Adopting Resolution Whole, which motion carried, all 114 of 1989 authorizing the execu- members voted aye. tion of an interlocal cooperation (0 89-38) agreement between Salt Lake City and the United States Department of Treasury, U.S. Customs Service The meeting adjourned at 7:00 allowing the Department of Trea- p.m. sury, U.S. Customs Service to use the City's International Airport firing range. (C 89-557) NEW COUNCIL BUSINESS COUNCIL CHAIR #1. Re: An ordinance amend- ing Title 9 relating to cost recovery for hazardous materials emergencies. CITY RECORDER ACTION: Without objection Councilmember Horrocks referred this to the Committee of the Whole. (0 89-40) #2. RE: A public hearing on Tuesday, November 14, 1989, at 6:30 p.m. to obtain public comment concerning and consider adopting an ordinance amending Section 21.04.275 regulating home busi- nesses. ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to set the date and refer this to the Committee of the Whole, which motion carried, all members voted aye. (0 89-39 ) #3. RE: A public hearing on Tuesday, October 10, 1989, at 6:50 p.m. to obtain public comment concerning and consider adopting an ordinance amending Section 5.04.070 relating to the exemption from payment of a portion of 89-277 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, OCTOBER 5, 1989 The City Council of Salt Lake City, Utah, met in Regular Session on Thursday, October 5, 1989, at 5:00 p.m. in Room 325, City County Building, 451 South State Street. The following Council Members were present: Florence Bittner Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Willie Stoler Councilmember Fonnesbeck was absent. Mayor Palmer DePaulis, Roger Cutler, City Attorney, and Kathryn Marshall, City Recorder, were also absent. Council Chair Stoler presided at and conducted the meeting. CONSENT AGENDA #1. RE: Setting a date to hold a public hearing on Thursday, October 12, 1989, at 5:00 p.m. to obtain public comment regarding Budget Amendment #3 for the primary purpose of appropriating funds for the parking facility associated with the new Employment Security Building on Block 53. ACTION: Councilmember Kirk moved and Councilmember Godfrey seconded to set the date, which motion carried, all members present voted aye. (B 89-5) The meeting adjourned at 5:22 p.m. COUNCIL CHAIR CITY RECORDER 89-278 !no. .:.. �: =Av .:4.�.ti• .= -, :_. ti..t..�_:1:+h-4 .?.Sy`_'4�=Y.i1A $ _ ..'ti .� -.i,V' .. t •� _ a L"I LA.K ;. a.11. ,'1) 1 _f l A JOINT RESOLUTION OF THE s CITY COUNCIL AND MAYOR OF SALT LAKE CITY, UTAH WHEREAS, Students in Barbara Lewis' problem solving classes at Jackson Elementary School have been awarded some 15 national and local awards for service to the community; and WHEREAS, The students learned to write letters, speak before public officials, lobby governments and private firms, and collect signatures for petitions, and in doing so, taught themselves self-respect, self-reliance and self-confidence, rA, and taught the citizens of the City the value of dogged determination in the pursuit of worthy goals; and • WHEREAS, Their efforts helped in the removal of 50,000 barrels of toxic waste from their neighborhood, and, then, initiated House Bill 199 which created the _= 7. Utah State Contributory Superfund for the cleanup of other toxic waste sites; and • WHEREAS, These fine young citizens lobbied and appeared before City divisions and • departments to get funding for the replacement of sidewalks and the planting of trees near their school ; and - WHEREAS, Their most recent award was the "Take Pride in America" award given them by President Bush. NOW, THEREFORE BE IT RESOLVED by the City Council and Mayor of Salt Lake City, Utah, that we hereby thank and congratulate the students of Jackson Elementary School a second time for the many services they have rendered and the lessons they • have taught. DATED this 10th day of October, 1989. Palmer A. DePaulis, Mayor W. M. "Willie" Stoler, Chair • • Florence B. Bittner L. Wayne Horrocks • ▪ Sydney R. FonnesDeck Alan G. Hardman • fom Godfrey Roselyn N. Kirk • :'+ . :r'.Ty:.r-_..��..._R_i' ::fj _-_ _____-_-�Cl'.�+ ^1� ..f�:"'—r:r:'iL. 'm•'S:f'_' ---';r' r+;T�r:l',T',':AT.C+.II: iT�l ..__. _ -.f•.�,�:T..r'_�__ _--__ -..�.<.... ....._-+`4-�+a.a.�........-�..� _. ..�a.�`L.:}:rti�-..�....v.'_3'u?..3r _.ti�.�..- --_�_:...i.�`.,..eYt�,�.... -a.�><-« __ '_�� _ ._,� ��. n. _ _ -- _•_=y 3..LJ � 1r i.,Y D . . - � . .' ! rr A JOINT RESOLUTION OF THE =t CITY COUNCIL AND MAYOR OF SALT LAKE CITY, UTAH WHEREAS, Northwest intermediate School was recently cited as an exemplary school by the United States Department of Education; and WHEREAS, The need for improving the educational achievement of our community's youth is a vital priority for our City and our Nation; and • WHEREAS, The example of Northwest Intermediate School serves as a standard of quality, hard work, and commitment to educational excellence that is critical to the future interests of Salt Lake City and the State of Utah; and WHEREAS, The Mayor and City Council of Salt Lake City wish to recognize the dedication and commitment of the students, teachers, administrators and parents who have worked together to achieve excellence in education. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council and Mayor of Salt Lake City, Utah, that we hereby honor and officially congratulate the students, teachers, administrators and parents of Northwest Intermediate School for their achievements in improving the quality of education and commitment to excellence demonstrated at Northwest Intermediate School . • BE IT FURTHER RESOLVED that the City Council and Mayor do hereby encourage and support the students, teachers, administrators and parents of Northwest Intermediate School to continue to build upon their recent successes providing a superb educational • environment for the youth of Salt Lake City. DATED the 10th day of October, 1989. • Palmer A. DePaulis, Mayor W. M. "Willie' Stoler, Chair 'Florence B. Bittner L. Wayne Horrocks • • • • Sydney R. Fonnesbeck Alan G. Hardman • • • Tom Godfrey Roselyn N. Kirk 1 CYU OR PO 1=4.t_ .�'_E . � j r_t A JOINT RESOLUTION O- THE CITY COUNTIL AND MAYOR OF •1, SALT LAKE CITY, UTAH WHEREAS, West High School has recently been honored by the United States Department of Education and has received an Outstanding School of Excellence award as part of the national secondary school recognition program; and •_ WHEREAS, West High School is one of only two high schools in the State of Utah and only twenty-three high schools in the entire nation to receive a Drug Free Award as _ part of the national Say No to Drugs program; and ry WHEREAS, The students, teachers and administrators of West High School have established an outstanding program to educate students about the negative aspects of substance abuse and the importance of the self-worth and dignity of each individual ; and WHEREAS, West High School Principal Harold J. Trussel has been selected as the Principal of the Year for the State of Utah by the PTA and Utah Association of Secondary School Principals, for his commitment and effectiveness in achieving a superb educational environment at West High School ; and WHEREAS, West High School 's commitment to educational excellence and maintaining an environment for learning is a standard to be modeled by other high schools in Salt Lake City and the State of Utah; and WHEREAS, The Mayor and City Council of Salt Lake City wish to recognize the dedication and commitment of the students, teachers, administrators and parents who have worked together to achieve these awards. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council and Mayor of Salt Lake City, Utah, that we hereby honor and officially congratulate the students, teachers, administrators and parents of West High School for their achievements in establishing an environment committed to academic excellence and promoting the worth and dignity of each student. We commend West High School for its achievements and encourage others to follow their example. • DATED the 10th day of October, 1989. Palmer A. DePaulis, Mayor W. M. "Willie" Stoler, Chair Florence B. Bittner L. Wayne Horrocks = Sydney R. Fonnesbeck Alan G. Hardman Tom Godfrey Roselyn N. Kirk • -. _ ..-,-..-. "-._. _�..,..-•.. rrr..:.�.: sc._,ice.=v - - - ______. - _..__- _.-_ .- - -_ ?..itoolution A JOINT RESOLUTION OF THE CITY COUNCIL AND MAYOR OF SALT LAKE CITY, UTAH • WHEREAS, Judge Memorial Catholic High School has recently been honored by the United States Department of Education and has received an Outstanding School of Excellence award as part of the national secondary school recognition program; and WHEREAS, This is the second time that Judge Memorial Catholic High School has received this •:y: prestigious award for its commitment to academic excellence during the past four years; and ':a WHEREAS, The students, teachers and administrators of Judge Memorial Catholic High School have demonstrated an ongoing commitment to achieving a superb educational environment at Judge Memorial Catholic High School as demonstrated by receiving • this prestigious award; and WHEREAS, Judge Memorial Catholic High School 's commitment to educational excellence and maintaining an environment for learning is a standard to be modeled by other high schools in Salt Lake City and the State of Utah; and WHEREAS, The Mayor and City Council of Salt Lake City wish to recognize the dedication and commitment of the students, teachers, administrators and parents at Judge Memorial Catholic High School who have worked together to achieve these awards. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council and Mayor of Salt Lake City, Utah, that we hereby honor and officially congratulate the students, teachers, administrators and parents of Judge Memorial Catholic High School for their achievements in establishing an environment committed to academic excellence. We commend Judge Memorial Catholic High School for its achievements and encourage others to follow their example. DATED this 10th day of October, 1989 • Palmer A. DePauTis, Mayor W. M. 'Willie" Stoler, Chair • Florence B. Bittner L. Wayne Horrocks Sydney R. Fonnesbeck Alan G. Hardman lom Godtrey Roselyn N. Dirk • -�I sAJA, ts�kg.„,CcC' T�Y� O�t �°'t Jj J OFFICE OF THE CITY COUNCIL CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, SUITE 304 SALT LAKE CITY, UTAH 84111 535-7600 October 6, 1989 MEMORANDUM TO: COUNCIL MEMBERS FROM: KATERYN BURROWS RE: OKOA ANNEXATION PETITION NO. 400-569 During the October 3rd Council meeting, the Council set the date to hold a public hearing on November 7th at. 6: 30 p.m. regarding this Petition. Inadvertently, I did not include a motion accepting the resolution on that agenda. The Attorney's Office has indicated that the acceptance of the resolution can be included on the October 10th_Council meeting Consent agenda. • CRAIG E. PETERSON L 1� ro�vTI�� �OR PO .� ���v►.� DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 218 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 To: Salt Lake City Council September 20, 1989 Re: Resolution Accepting the OKOA Annexation - Petition No. 400-569-89 Recommendation: That the City Council accept the attached resolution for review for the OKOA Annexation - Petition No. 400-569-89 submitted by William D. Holyoakon behalf of the owners. The petitioners are requesting that property located on the northeast corner of 3300 South and 1100 East be annexed into Salt Lake City for the purposes of developing a new commercial retail uses. It is further recommended that the City Council set a public hearing date on November 7, 1989 at 6:30 p.m. for said petition. Availability of Funds: Not applicable. Discussion and Background: The Planning Commission has reviewed and recommended approval of this annexation request with the following conditions: 1. Approximately 8 feet of the petitioners' property along 3300 South Street shall be dedicated to Salt Lake County to widen the public right-of-way to 40 feet from centerline; 2. Curb, gutter and sidewalk improvements shall be constructed within the public right-of-way and the parking strip be landscaped with grass and trees and maintained with a sprinkler system along 3300 South Street and 1100 East street according to Salt Lake City Engineering specifications at the time of development or redevelopment. Improvement cost will be borne by the developer and/or property owner; 3. The property to be annexed shall be zoned Commercial "C-3A" and contain an extension of the Brickyard Liquor District "A" and 3300 South Street between 1100 East and 1300 East Streets designated as a major street. 4. The "Barbara Jensen" building, which is proposed for a rehabilitation, and its associated parking, shall be annexed as "nonconforming" to Salt Lake City zoning standards with respect to landscaped setback only. However, this portion of the development project shall be upgraded to the following standards. A five-foot landscaped setback from the property line shall be provided in the area immediately fronting the west facade of the building along 1100 East Street; The landscaping and public sidewalk shall be protected with a six inch high back curb; The parking lot design shall conform to Salt Lake City standards. The remainder of the site shall conform to Salt Lake City site design standards when new development is constructed. 5. An Annexation Plat shall be prepared by a registered professional engineer or land surveyor meeting all Salt Lake City standards for such a document. This area is identified as a desired annexation in the Salt Lake City Master Annexation Policy and is support in the Sugar House Community Master Plan. Legislative Documents: The City Attorney's Office has prepared and approved the necessary resolution and is attached for your action. Submitted by: ICE IAT L B. ZUI IL'1 Acting Director Community and Economic Development ALLEN C. JOHNSON, AICP PLANNING AND ZONING PLANNING DIRECTOR COMMISSION MEMBERS W IL LIAM T. WRIGHT, AICP COMMUNITY AND ECONOMIC DEVELOPMENT RALPH BECKER DEPUTY DIRECTOR PLANNING DIVISION DAN BETHEL SUPERVISOR LONG RANGE PLANNING Planning and Zoning Commission CINDY CROMER AND URN:N GES,GN THOMAS A. ELLISON SANDRA MARLER 451 SOUTH STATE STREET LAVONE LIDDLE-GAMONAL . secRErAr RICHARD J. HOWA ROOM 406, CITY AND COUNTY BUILDING RALPH P. NEILSON SALT LAKE CITY, UTAH 84111 GEORGE NICOLATUS TELEPHONE 535-7757 JOHN M. SCHUMANN September 18, 1989 Mr. Mike Zuhl, Acting Director Community and Economic Development Salt Lake City Corporation Salt Lake City, Utah 84111 RE: Petition 400-569 Dear Craig: Attached please find Petition 400-569 submitted by William D. Holyoak on behalf of the property owners of six parcels of land located on the northeast corner of 3300 South and 1100 East Streets requesting annexation to Salt Lake City for the purposes of developing the site. The property is contiguous to the City boundary along the south property line of the "Brickyard Plaza" . Mr. Richard Cushman proposes to redevelop the 1.81 acres of property to new ccJI:Eercial retail uses. The proposed site plan is still being developed and refined. The 1979 Salt Lake City Master Annexation Policy Declaration identifies this area as a desired annexation area to Salt Lake City. Additional policy support for annexation is contained in the Sugar House Community Master Plan. The objectives of the City's Master Plan are to improve the neighborhood convenience commercial uses along 3300 South Street. New development will provide an improved urban design including landscaped building setbacks, proper off-street parking with identified access, and improved curb, gutter, and sidewalk. Also attached is a copy of the Salt Lake City Amendment to Area 5 (Brickyard Area) of the Master Annexation Policy Declaration Amendment 5-C as it pertains to this annexation proposal. On Thursday November 12, 1987, the Planning & Zoning Commission discussed the petition and recommends approval of the annexation request in concurrence with the conditions recommended by the Planning Staff. These conditions include: Petition 400-569 Page 2 1. Approximately 8 feet of the petitioners' property along 3300 South Strcct shall be dedicated to Salt Lake County to widen the public right-of-way to 40 feet from centerline; 2. Curb, gutter and sidewalk improvements shall be constructed within the public right-of-way and the parking strip be landscaped with grass and trccs and maintained with a sprinkler system along 3300 South Strcct and 1100 East Street according to Salt Lake City Engineering specifications at the time of development or redevelopment. Improvement cost will be borne by the developer and/or property owner; 3. The property to be annexed shall be zoned Commercial "C-3A" and contain an extension of the Brickyard Liquor District "A" with 3300 South Street between 1100 East and 1300 East Streets designated as a major street. 4. The "Barbara Jensen" building, which is proposed for rehabilitation, and its associated- parking, shall be annexed as "nonconforming" to Salt Lake City zoning standards with respect to landscaped setback only. However, this portion of the development project shall be upgraded to the following standards: * A five-foot landscaped setback from the property line shall be provided in the area immediately fronting the west facade of the building along 1100 East Street; * The landscaping and public sidewalk shall be protected with a six inch high back curb. * The parking lot design shall conform to Salt Lake City standards. The remainder of the site shall conform to Salt Lake City site design standards when new development is constructed. 5. An Annexation Plat shall be prepared by a registered professional engineer or land surveyor meeting all Salt Lake City standards for such a document. An Annexation Plat Map is prepared and addresses items 1 and 5. An Annexation Agreement has been prepared to address the conditions of the annexation. Both drafts are attached. Petition 400-569 Page 3 It is the recommendation of the Planning & Zoning Commission that the City Council hold the required public hearing and that the City approve this annexation petition with conditions. Respectfully, Allen C. Jo on, AICP Planning Dir for ACJ:GRH attachments 1 RESOLUTION NO. OF 1989 (Accepting the OKOA Annexation Petition No. 400-569-87 for review by the City Council) A Resolution accepting the OKOA Annexation Petition No. 400-569-87 for purposes of City Council review. WHEREAS, Salt Lake City has received Petition No. 400-569- 87 requesting the annexation of unincorporated territory contiguous to Salt Lake City' s southern boundary and the Brickyard Shopping Center area known as the "OKOA Annexation" ; and WHEREAS, the signatures of the petition appear to constitute a majority of the owners of real property and the owners of more than one-third in value of all the real property as shown by the last assessment role; and WHEREAS, petitioners have submitted a map of the territory proposed for annexation; and WHEREAS, the territory within the petition is contiguous to the corporate limits of Salt Lake City and lies within Study Area No. 5 projected for municipal expansion by Salt Lake City' s Master Policy Declaration . NOW, THEREFORE, be it resolved by the City Council of Salt Lake City, Utah, that it does hereby: 1 . Accept Petition No. 400-569-87 for annexation of land designated as the "OKOA Annex" for the purposes of considering said annexation for the expansion of the City' s municipal limits by way of reviewing: The existing Master Policy Declarations regarding Study Area No. 5 previously adopted by the City, and the proposed amendment thereto specifically relating to the OKOA Annexation. For purposes of review, the petition and proposed amendment shall be scheduled and processed concurrently. 2 . Direct the City Recorder to set a public hearing before the City Council to review the proposed annexation petition, the proposed zoning classification of Commercial "C-3A" as recommended by the Planning Commission, and adoption of Amendment 5C to the Master Policy Declaration for Study Area No. 5 as it relates to this specific annexation proposal; and to provide newspaper and mail notice to petitioners, landowners within the proposed annexation, and affected entities as required by law. Be it further resolved that nothing hereunder shall be construed to vest petitioners with rights to require annexation of said property; to bind the City Council to finally approve the petitioners ' annexation; to vest the petitioners with rights to develop under any particular zoning, subdivision or site development ordinance; or to require Salt Lake City to exercise jurisdiction over the area until such time as a decision to annex and extend the corporate limits has been made and all annexation formalities and documentation have been completed, including the preparation of the final plat according to City Engineer specifications, appropriate ordinances, annexation agreements and other documents verifying the sufficiency of the petition. -2- Passed by the City Council of Salt Lake City, Utah, this day of , 198 . SALT LAKE CITY CORPORATION By CHAIRPERSON ATTEST: CITY RECORDER BRB:cc -3- A \ NEXA - 1- 10 \ 'OKOA INC . ANNEX TO SALT LAKE CITY, UTAH AN ANNEX .r0 SALT LAKE CITY, UTAH, OF PART OF LOT 2, BLOCK 27, TEN ACRE PLAT " A" , BIG FIELD SURVEY. PARCEL DESCRIPTION: BEGINNING AT THE SOUTHWEST CORNER OF LOT 2, BLOCK 27, TEN ACRE PLAT " A" , BIG FIELD SURVEY, SAID POINT BEING N 89' 45' 30" E ALONG THE MONUMENT LINE 31 .83 FEET AND N 0' 14' 30" W 32.87 FEET FROM THE SALT LAKE CITY MONUMENT IN THE INTERSECTION OF 3300 SOUTH AND 1 100 EAST STREETS; THENCE N 0' 04' 23" E 360.09 FEET ALONG 1HE WEST LINE OF SAID LOT 2, TO THE RIGHT BANK OF THE LOWER COTTONWOOD CANAL; THENCE ALONG SAID BANK S 54' 28' 58" E 46.64 FEET AND S 50' 1 7' 58" E 118.65 FEET AND S 64' 45' 58" E 76.84 FEET AND S 56' 48' 58" E 62.99 FEET AND S 42' 46' 58" E 1 76.47 FEET; THENCE N 89' 46' 48" W 64.06 FEET; THENCE S 0' 13' 12" V' 60.00 FEET TO THE SOUTH LINE OF SAID LOT 2; THENCE S 89' 52' 12" W 307.5.) FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING CONTAINING 1 .81 ACRES. • SALT LAKE CITY AMENDMENT TO AREA 5 BRICKYARD AREA of the MASTER ANNEXATION POLICY DECLAKATION AMENDMENT 5-C SALT LAKE CT f AMENDMENT TO MASTER ANNEXATION POLICY DECLARATION AMENDMENT 5C Petitioned Sub-part of Area 5--Brickyard Area C ustmsan Annexation November 1987 Prepared by Salt Lake City Planning & Zoning Division Department of Develocment Services CONTENTS Topic Page - 5C Introduction 1 5C.1 Area Considered for Annexation 1 5C.2 Land Use and Socio-Economic Characteristics 1 5C.3 Property Value 2 5C.4 Comparison of Cost of Government Services 2 5C.5 Water 2 5C.6 Sewer 2 5C.7 Fire 2 5C.8 Police 3 5C.9 Planning and Zoning 3 5C.10 Refuse and Garbage Collection and Disposal 3 5C.11 Streets and Highways 4 ILLUSTRATIONS AND TABLES Topic Page Map of Proposed Annexation Area 5 Table 1: Comparison of City and County Tax Rates 6 1 Tntroduction The following information is provided to satisfy requirements of the Utah Boundary Commission Act of 1979 as set forth in Section 10-2-401 through 10-2-423 Utah Code Annotated 1953, as amended. In harmony with the intent of the act, Salt Lake City prepared a Master Annexation Policy Declaration in 1979. The petitioned area is a sub-part of Area 5--Brickyard Area as defined in that Declaration. This report updates and amends the Master Annexation Policy Declaration with respect to the petitioned area. 5C.1 Area Considered for Annexation The map on page 5 depicts the proposed annexation area. It includes unincorporated land contigucus to Salt Lake City's southern boundary east of 1100 East Street to the existing city limit line and north of 3300 South Street legally described as follows: Beginning at the Southwest corner of Lot 2, Block 27, Ten Acre Plat "A", Big Field Survey, said point being N89*45'30"E along the monument line 31.83 feet and NO*14130"W 32.87 foot from the Salt Lake City Monument in the intersection of 3300 South and 1100 East Streets; thence NO*04'23"E 360.09 foot along the West line of said Lot 2, to the right bank of the Lower Cottonwood Canal; thence along said bank S54*28'58"E 46.54 feet and S50*17'58"E 118.65 feet and S64*45158"E 76.84 foot and S56*48158"E 62.99 foot and S42*46'58"E 176.47 feet; thence N89*46'48"W 64.06 feet; thence S0*13112"W 60.00 feet to the South line of said Lot 2; thence S89*52' 12"W 307.50 feet along said South line to the point of beginning. Contains 1.61. acres. SC.2 Land Use and Socio-Econcmic Characteristics The proposed annexation area is 1.81 acres of coiiuuercial land presently with vacant and occupied commercial buildings and a vacant lot. The proposed redevelopment is a retail commercial center on 1.81 acres of land fronting on 3300 South and 1100 East Streets. 1 5C.3 Property Value The proposed annexation area lies exclusively within Salt Lake County Tax District 17A. Market value of the property, compiled from the 1987 tax rolls in the Salt Lake County Tax Assessor's office, is $1,249,970. 5C.4 Comparison of the Cost of Government Services Table 1 of page 6 compares the present tax rate with the post-annexation tax rate. Tax District 17A (unincorporated area) has a 1987 tax rate of .0183970. If the area is annexed, it will become a part of Tax District 13B with a 1987 tax rate of .0201020, or a .0017050 rate increase. 5C.5 Water The Salt Lake City Public Utilities Department currently provides water service to the proposed annexation area. 5C.6 Sewer The Salt Lake City Suburban Sanitary District Number 1 currently provides sewer service to the proposed annexation area. 5C.7 Fire Protection The annexation area is within the service area of the Salt Lake City Fire Department's Station Company No.3 at 1085 Simpson Avenue. The Department has sufficient equipment to provide fire protection service and emergency medical service to the annexation area. 2 5C.8 Police Presently the area receives law enforcement services from the Salt Lake County Sheriff's office. The proposed annexation area will receive law enforcement services at the same level as currently provided to other city areas with similar population, business, and transportation densities. 5C.9 Planning and Zoning The subject property is adjacent to the Sugar House Community. In the community master plan, this area is identified as a potential annexation area. The master plan recommends that land use for this area be neighborhood convenience retail commercial. The plan also recommends urban design guidelines as specific development objectives. For this area the guideline is: " improve the neighborhood convenience commercial strip along 3300 South Street with landscaped building setbacks, proper off-street parking with identified access, and improved curb, gutter and sidewalk". The proposed annexation area will be zoned to city standards concurrent with the annexation. 5C.10 Refuse and Garbage Collection and Disposal Salt Lake Ct7 or-,vides waste collect-!on service to one, two, and three unit residential structures only. All others, including commercial and industrial uses, must contract privately for such service. Upon annexation, the City Public Works Department will assume responsibility for waste collection in accordance with 'the above mentioned policy. Therefore, the proposed commercial development will need to contract for solid waste disposal services and there will be no impact on city garbage collection services. 3 5C.11 Streets and Highways This annexation will not include 3300 South Street right-of-way or the 1100 East Street right-of-way. However, new curb, gutter, and sidewalk improvements will be required, as a part of the redevelopment process, along 93300 South Street and portions of the 1100 East Street frontage. These improvements will be required to meet the standards set by Salt Lake City's Department of Public Works. Street services will continue to be provided by the county in the same manner they are currently providing. Street maintenance, street lighting, parking enforcement, installation and maintenance of traffic signals, signs and pavement markings will continue to be provided by the county. Q 4 CCMPARTSON OF CITY AND COUNTY TAX RATES IN TAXING JURISDICTIONS AND SERVICE DI5'L1lICTS WITHIN STUDY AREA 5 FOR 1987 Service Departments Tax Rates County City Tax District: l7A 13B Salt Lake County .0029210 .0029210 Salt Lake City ---- .0043700 Salt Lake County Government Irrnunity .0000330 .0000330 Salt Lake County Bond .0005040 .0005040 Salt Lake County Flood Control .0003440 .0003440 Salt Lake County Municipal Type Service Dist. .0021000 Salt Lake City School District .0080240 Granite School District .0090400 Salt Lake County Library .0007250 Salt Lake City Library .0007900 Salt Lake City Suburban Sanitary District .0014690 .0014690 Salt Lake City Metropolitan Water District .0003860 Central Utah Water Conservancy .0004000 .0004000 Salt Lake City-County Health Dept. .0002520 .0002520 Hansen Dl aref_=r_um Fund 0003 00 South Salt Lake County Mosquito Abatement Dist. .0000320 .0000320 Tax Administration Levy .0005370 .0005370 'lvl'AL TAX RATE .0183970 .0201020 6 OFFICE OF THE CITY COUNCIL CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, SUITE 304 SALT LAKE CITY, UTAH 84111 535-7600 September 1.9, 1989 MEMORANDUM TO: COUNCIL MEMBERS FROM: ED SNOW RE: REVIEW OF MAYOR'S MOST RECENT 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 October 4. We would like to act as quickly as possible on these recommendations. If you have no objection, we will place them on the October 10 Council Agenda. In addition, the Mayor's office wants me to remind you that he is interested. in receiving suggestions for board members from you. If you have a particular name or names, please let rue know and. I will contact the citizens to get more information and then forward on those names and the appropriate materials to the Mayor's office. 4;" MAYOR'S RECOMMENDATIONS FOR BOARD APPOINTMENTS NEW APPOINTMENTS PLANNING COMMISSION Lynn Beckstead to be appointed to fill a vacancy for a term extending through July 1, 1993. Mr. Beckstead, a mortgage banker, resides in District. 1. He will fill a vacancy created by the resignation of Peter Van Alstyne who resides in District 6. If Mr. Beckstead is appointed, two members of the commission will live in District. 1, one in District. 2, two in District. 3, one in District 4, two in District 5, one in District 6 and. one in District 7. SALT LAKE CITY RECREATION ADVISORY BOARD Beverly Peck to be appointed to fill a vacancy for a term extending through January, 1993. Ms. Peck has been active in westside community organizations. She is the Community Education Coordinator at Highland High School. She lives in District 2. Ms. Peck fills a the spot left vacant by Blake Rosenvell of District 2. If Ms. Peck is appointed, one member of the board will live in District 1, one in District 2, one in District 3, none in District 4 (an unfilled vacancy created by the resignation of Alan Katoa), one in District 5, one in District 6 and one in District 7. REAPPOINMENTS SALT LAKE ARTS COUNCIL George Maxwell to he reappointed to a second term extending through July, 1992. Mr. Maxwell resides in District 3 and has been Pioneer Theatre's Property Master and Set. Decorator since 1974. Carleen Jimenez to be reappointed to a second term extending through July, 1992. Ms. Jimenez, an arts activist, resides in District 1. HISTORICAL LANDMARK CCtEITTLE Lyle Knudsen to he reappointed to a second term extending through July 14, 1992. Mr. Knudsen is an architect who lives in District. 3. Louis Schricker to he reappointed to his first full term extending through July 14, 1992. Dr. Schricker, a neurological surgeon, resides in District. 3. HOUSING AUTHORITY France A. Davis to be reappointed to fill his first full term extending through October 27, 1994. Reverend Davis is the pastor of the Calvary Baptist Church. PAGE TWO UTAH AIR TRAVEL COMMISSION Andy.Gallegos to be reappointed to a second term extending through September 1, 1992. Mr. Gallegos resides in District 6 and is the Manager of a business consulting firm. Virginia Buchanan to be reappointed to fill a second term extending through September. 1, 1992. Ms. Buchanan resides in District 3. PALM ER D EPA U LIS ARUR 1YI eVEMMI,O r MAYOR OFFICE OF THE MAYOR CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UTAH 84111 535-7704 September 13, 1989 Willie Stoler, Chairperson, and Members of the Salt Lake City Council 451 South State Street, Room 304 Salt Lake City , Utah 84111 Dear Willie: I am transmitting herewith recommendations for board appointments which I would appreciate the Council to advise and consent upon: PLANNING COMMISSION Lynn Beckstead to be appointed to fill a vacancy for a term extending through July 1 , 1993 SALT LAKE CITY ARTS COUNCIL George Maxwell to be reappointed to a second term extending through July , 1992 Carleen Jimenez to reappointed to a second term extending through July, 1992 HISTORICAL LANDMARK COMMITTEE Lyle Knudsen to be reappointed to a second term extending through July 14, 1992 Louis Schricker to be reappointed to his first full term extending through July 14, 1992 HOUSING AUTHORITY France A. Davis to be reappointed to fill his first full term extending through October 27, 1994 UTAH AIR TRAVEL COMMISSION Andy Gallegos to be reappointed to a second term extending through September 1 , 1992 Virginia Buchanan to be reappointed to a second term extending through September 1 , 1992 SALT LAKE CITY RECREATION ADVISORY BOARD Beverly Peck to be appointed to fill a vacancy for a term extending through January, 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 . Sincerely, Mayor PD/jf Enc. IC) LAW OFFICES 20rw FLOOR BALLARD, SPAHR, ANDREWS & INGERSOLL 30 SOUTH 171, STREET (INCLUDING THE PUBLIC FINANCE PRACTICE OF THE FORMER FIRM OF PHILADELPHIA,PA 19103 FOX,EDWARDS,GARDINER 6 BROWN) _ '� ONE WESTLAKCS AMERICAN PLAZA II, SUITE 400 c' ` 1235 WESTLAKES DRIVE BERWYN, PA 19312 57 WEST 200 SOUTH .. SUITE 2300 SALT LAKE CITY, UTAH 84101 " t y' fl4 ?__ . 22s I7 . STREET rlf (, .`� DENVER,CO 80202 801 359-1800 �1.1 SUITE 900 EAST TELECOPIER:801 521-5364 555 13.4 STREET,N.W. ;-li WASHINGTON,D.C. 20004 RICHARD S. FOX S u;,."` J October 5 , 1989 Ms . Cindy Gust-Jensen Executive Director Salt Lake City Council 451 South State Street Salt Lake City, UT 84111 Dear Cindy: As we discussed by telephone, the Utah statute which authorizes use of tax increment financing requires the approval of the governing body of the City where publicly owned facilities are financed in part by tax increment bonds . Since a portion of the Block 57 development will be publicly owned, we have requested the consent to the financing by the City Council . This matter has been the subject of public hearings before the Redevelopment Agency Board. The City Council, acting as the Board of Directors of the Redevelopment Agency, has considered this financing during its public meetings on at least three occasions . Thus , the subject matter will be familiar to them. Enclosed are 10 copies of a proposed resolution indicating the consent of the City Council and reciting as a basis for such action the facts on which the consent is based. Please let us know if any additional information is needed. ery truly yours, t";-64." RICHARD S . FOX RSF/ka Enclosure cc : William Oswald, Esq. Roger Cutler, Esq. Michael Chitwood Richard J. Turpin L131950 BD11841 lti55 T� r m..� f� E.r � `7 ... YYtl 1 0c ► 51999 Salt Lake City, Utah SALT LAKE CITY COUNCIL October 10, 1989 A regular meeting of the City Council of Salt Lake City, Salt Lake County, Utah was held on Tuesday, the 10th day of October, 1989, at the hour of 6:00 p.m. , at the regular meeting place of said City Council at which meeting there were present and answering roll call the following members who constituted a quorum: W. M. "Willie" Stoler Chairperson Roselyn N. Kirk Councilmember L. Wayne Horrocks Councilmember Thomas M. Godfrey Councilmember Alan Hardman Councilmember Sydney Reed Fonnesbeck Councilmember Florence B. Bittner Councilmember Also present: Palmer A. DePaulis Mayor Roger Cutler City Attorney Kathryn Marshall City Recorder Absent: After the meeting had been duly called to order, the following resolution was introduced in written form by Councilmember with motion made by Councilmember to adopt the resolution: RESOLUTION NO. of 1989 A RESOLUTION OF THE CITY COUNCIL OF SALT LAKE CITY CONSENTING TO AND APPROVING THE FINANCING BY THE REDEVELOPMENT AGENCY OF SALT LAKE CITY OF CERTAIN PUBLIC IMPROVEMENTS IN BLOCK 57 WITHIN A PROJECT AREA; DECLARING THAT SUCH IMPROVEMENTS ARE OF BENEFIT TO SAID PROJECT AREA; AND RELATED MATTERS. WHEREAS, the City Council of Salt Lake City (the "Council" ) is the legislative body for Salt Lake City, Utah (the "City" ) , an incorporated city within the State of Utah; and WHEREAS, the Redevelopment Agency of Salt Lake City (the "Agency" ) is a redevelopment agency ( a public body, corporate and politic ) duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Utah Neighborhood Development Act, Chapter 19 , Title 11 Utah Code Annotated 1953 , as amended (the "Redevelopment Act" ) and the powers of such Agency include the power to issue bonds for any of its corporate purposes; and WHEREAS, a redevelopment plan for the area in Salt Lake City which includes Block 57 (the "Redevelopment Plan" ) has heretofore been adopted and approved and all requirements of law for, and precedent to, the adoption and approval of said plan have been duly complied with; and BD11841 2 WHEREAS, the Board of Directors of the Agency on September 14, 1989 adopted an amended bond resolution authorizing the issuance of $20, 975, 000 of Series 1989A Tax Increment Bonds (the "Series A Bonds" ) and $2 , 025, 000 Series 1989B Tax Increment Bonds (the "Series B Bonds" ) ; and WHEREAS, a portion of the proceeds of the Series A Bonds and substantially all of the proceeds of the Series B Bonds will be used to finance acquisition of land, construction and installation of improvements on Block 57, or to reimburse for such capital expenditures, which land and improvements may be deemed to be publicly owned (the "Public Improvements" ) ; and WHEREAS, the Redevelopment Act requires the consent of the Council for the expenditure of moneys available to the Agency for redevelopment within a project area to finance improvements such as the Public Improvements . NOW, THEREFORE, the City Council of Salt Lake City does hereby resolve as follows: Section 1 . The Council hereby finds and determines that it is in the best interest of the residents of the City for the Agency to finance by the issuance of its Series A and Series B Bonds (collectively, the "Bonds" ) , the Public Improvements on Block 57 . Section 2 . The Council hereby consents to the payment by the Agency of all of the costs of the Public Improvements. The Council declares that the Public BD11841 3 Improvements are of benefit to Block 57 and the Redevelopment Project Area in which Block 57 is situated. Section 3 . Upon their issuance, the Bonds will constitute special limited obligations of the Agency payable solely from and to the extent of the sources set forth in the Bonds, a Master Indenture of Trust and a First Supplemental Indenture of Trust, each dated as of October 1, 1989 (collectively, the "Indenture" ) to be entered into by and between the Agency and West One Bank, Utah as Trustee. No provision of this resolution, the Indenture, the Bonds, nor any other instrument, shall be construed as creating a general obligation of the Agency of Salt Lake City, or of creating a general obligation of the State of Utah or any political subdivision thereof, nor as incurring or creating a charge upon the general credit of the Agency or Salt Lake City. Section 4. If any provisions of this resolution should be held invalid, the invalidity of such provisions shall not affect the validity of any of the other provisions of this resolution. Section 5 . All resolutions of the City or parts thereof inconsistent herewith, are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed as reviving any bylaw, order, resolution or ordinance or part hereof. BD11841 4 Section 6. This resolution shall become effective immediately upon its adoption. The motion to adopt this resolution was seconded by Councilmember and was adopted by vote of the City Council as follows: AYE: NAY: Thereupon the motion was approved by the City Council and made a matter of record by the City Recorder. ADOPTED AND APPROVED this day of October, 1989 . Chairperson ATTEST: City Recorder ( S E A L ) BD11841 5 After the transaction of other business not pertinent to the foregoing matter, the meeting was on motion duly made, seconded and carried, adjourned. Chairperson ATTEST: City Recorder ( S E A L ) BD11841 6 STATE OF UTAH ) . ss, COUNTY OF SALT LAKE ) I , Kathryn Marshall , the duly appointed, qualified and acting City Recorder of Salt Lake City, Utah, do hereby certify that the above and foregoing is a full, true and correct copy of the record of proceedings had by the City Council of Salt Lake City, Utah, at its meeting held on the day of October, 1989, insofar as the same relates to the C. B.D. Neighborhood Redevelopment Tax Increment Bonds as the same appear of record in my office . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City this day of October, 1989 . City Recorder ( S E A L ) BD11841 7 CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I , Kathryn Marshall , the undersigned City Recorder of Salt Lake City, Salt Lake County, Utah (the "Issuer" ) , do hereby certify, according to the records of the City Council of Salt Lake 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 October , 1989, public meeting held by the City Council as follows: (a) By causing a Notice, in the form attached hereto as Schedule "A" , to be posted at the principal offices at the City and County Building, Salt Lake City, Utah on October _, 1989 , 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 October , 1989, at least twenty-four (24) hours prior to the convening of the meeting. BD11841 8 IN WITNESS WHEREOF, I have hereunto subscribed my official signature this day of October, 1989 . City Recorder ( S E A L ) BD11841 9 SCHEDULE "A" Notice of Meeting BD11841 10 EXHIBIT "A" "Description of Public Improvements" BD11841 11 . EXHIBIT "B" Notice of Annual Meeting Schedule for 1989 BD11841 12 F! ab STAFF RECOMMENDATION CANVASS OF MUNICIPAL ELECTION OCTOBER 10, 1989 STAFF RECOtMENDATION BY: Kathryn Burrows ACTION REQUESTED BY COUNCIL: Convene as Board of Canvassers and authorize the City Recorder to prepare abstract of the votes cast (tally) for the municipal election and -Olympic Games Opinion Question to be held November 7, and approve the abstract of votes cast for the primary election held October 3. BACKGROUND INFORMATION: This is a technical legal requirement. The Council and Mayor together make up the Board of Canvassers. STAFF ANALYSIS: None. RECOMMENDED ACTION:. Convene, adopt motions, recess. SUGGESTED MOTIONS: 1. I move we adjourn as the City Council. (Council Members vote) 2. I move we convene with the Mayor as the Board of Canvassers. (Council Members and Mayor vote) 3. I move we approve and certify the abstract of votes cast in the primary election held October 3, 1989, for Council Members of Districts 1, 3, 5 and 7. (Council Members and Mayor vote) 4. I move we authorize the City Recorder to prepare an abstract of the votes cast in the municipal election to be held November 7, 1989, for Council Members of Districts 1, 3, 5, and 7 and the Olympic Referendum question. (Council Members and Mayor vote) 5. I move we recess as the Board of Canvassers until the abstract is complete. (Council Members and Mayor vote) 6. I move we reconvene as the City Council. (Council Members vote) ANTICIPATED OPPOSITION: None r^ y^ I SALT .0 ADMINISTRATIVE SERVICES DEPARTMENT City Recorder KATHRYN MARSHALL 415 CITY AND COUNTY BUILDING PALMER DEPAULIS CITY RECORDER 451 SOUTH STATE STREET MAYOR SALT LAKE CITY, UTAH 84111 (801) 535-7671 October 3, 1989 To: The Board of Canvassers From: Kathryn all, City Recorder Recommendation: That the Mayor and City Council meet on October 10, 1989 during the regularly scheduled Council meeting to ap- prove and certify the abstract of votes constituting the canvass of the primary election held October 3, 1989 for Council Members in Council districts 1, 3, 5, and 7. Discussion: Attached are the results of the total votes cast for the primary election for Council Members for Council districts 1, 3, 5 and 7 held October 3, 1989 . This canvass must be approved and certified by the Mayor and City Council acting as the Board of Canvassers. STATE OF UTAH ) ) ss CITY AND COUNTY OF SALT LAKE ) WE THE UNDERSIGNED, APPOINTED AS THE BOARD OF CANVASSERS FOR THE PRIMARY ELECTION HELD IN SAID CITY, IN THE STATE OF UTAH, ON TUESDAY, THE 3RD DAY OF OCTOBER, A. D. 1989, FOR THE OFFICE OF COUNCILMEMBER FOR COUNCIL DISTRICTS 1, 3, 5 AND 7, FOUR YEAR TERMS, DO HEREBY CERTIFY THAT THE ATTACHED FOREGOING ARE A TRUE AND CORRECT CANVASS OF SAID ELECTION, AS THE SAME APPEARS FROM THE OFFICIAL RETURNS MADE BY THE JUDGES OF ELECTION IN VARIOUS ELECTION DISTRICTS IN COUNCIL DISTRICTS 1, 3, 5, AND 7 IN SAID CITY, AND THE PERSONS RECEIVING THE HIGHEST NUMBER OF VOTES FOR SAID OFFICE ARE HEREBY DULY NOMINATED TO BE PLACED ON THE NOVEMBER 1989 MUNICIPAL ELECTION BALLOT. WITNESS OUR HANDS AND SEAL THIS 10TH DAY OF OCTOBER, 1989 W. M. "WILLIE" STOLER, CHAIRPERSON WAYNE HORROCKS, COUNCILMEMBER FLORENCE BITTNER, COUNCILMEMBER TOM GODFREY, COUNCILMEMBER SYDNEY FONNESBECK, COUNCILMEMBER ALAN HARDMAN, COUNCILMEMBER ROSELYN KIRK, COUNCILMEMBER PALMER DEPAULIS, MAYOR ATTEST: KATHRYN MARSHALL, CITY RECORDER COUNCIL DISTRICT #1 SLC 1989 PRIMARY CANVAS NO. OF NO. -ISTRICTS VOTERS REG. BITTNER NEMELKA WARSHELL WHITEHEAD ( 1 ) 2001N 0 143 0 0 0 0 (2) 2002 & 2003 169 169 28 7 5 129 (3) 2049 47 333 14 1 5 27 (4) 2004 115 417 32 7 1 73 ( 5 ) 2006 86 389 27 5 1 52 ( 6) 2008 & 2010 166 768 54 22 7 81 (7) 2014 67 323 28 10 0 27 (8) 2016 & 2074 63 791 27 8 1 27 (9 ) 2030 & 2040 198 832 111 13 1 71 ( 10 ) 2042 53 340 10 4 2 37 ( 11 ) 2034 & 2036 217 919 103 16 4 94 ( 12) 2038 53 560 28 1 4 20 _3 ) 2044 & 2058 119 793 36 7 1 74 ( 14) 2072 24 197 13 6 0 5 ( 15 ) 2050 46 454 10 5 2 27 ( 16 ) 2051 15 287 5 1 3 6 ( 17 ) 2052 & 2056 141 884 30 15 2 88 TOTALS 1579 8599 556 128 39 838 COUNCIL DISTRICT #3 SLC 1989 PRIMARY CANVAS: NO. OF NO. DISTRICTS VOTERS REG. BARRETT CARLISLE ERKELENS PACE 8 ) 2018 & 2066 73 802 40 16 1 16 ( 19 ) 2068 47 387 17 17 2 11 (20) 2020 & 2022 134 632 42 56 4 31 (21 ) 2142 55 325 6 21 0 28 (22 ) 2064 83 470 20 35 3 22 (23 ) 2102 & 2103 165 895 32 47 3 83 (24) 2104 & 2128 105 594 37 35 9 24 (25 ) 2122 64 354 15 6 4 38 (26 ) 2126 98 452 41 17 14 23 (27 ) 2132 84 522 40 10 10 24 (28 ) 2134 & 2146 95 719 31 19 9 36 (29 ) 2136 81 420 21 16 1 43 (30) 2143 & 2144 107 698 51 27 14 14 (31 ) 2156 & 2178 101 712 38 25 16 22 (32 ) 2152 & 2154 92 886 31 25 12 24 (33) 2158 35 281 9 7 10 9 (34 ) 2160 64 300 18 13 16 17 (35 ) 2164 & 2182 149 909 52 17 27 53 (36 ) 2184 & 2186 113 572 18 21 9 65 (37 ) 2166 & 2314 190 1120 35 23 3 128 (38 ) 2320 39 420 10 10 0 19 (39 ) 2174 49 593 17 13 9 10 (40) 2180 60 287 6 46 0 8 TOTALS 2083 13350 627 522 176 748 COUNCIL DISTRICT #5 SLC 1989 PRIMARY CANVAS NO. OF NO. -TSTRICTS VOTERS REG. BAKER CAHOON GODFREY ( 41 ) 2368 & 2392 10 482 3 1 6 (42 ) 2382 & 2502 62 604 1 19 42 (43 ) 2406 61 450 2 15 43 (44) 2426 52 322 1 15 36 (45 ) 2432 40 327 3 15 22 ( 46 ) 2436 & 2438 167 916 4 88 74 (47 ) 2444 41 417 3 11 27 (48 ) 2448 & 2450 194 934 7 116 70 (49 ) 2468 & 2474 101 785 9 24 68 ( 50 ) 2466 5 392 8 12 36 ( 51 ) 2470 68 333 1 45 22 ( 52) 2472 37 345 10 7 19 3 ) 2476 31 220 2 10 19 (54 ) 2506 74 356 23 23 28 ( 55 ) 2508 75 500 16 25 34 ( 56 ) 2510 94 457 11 21 62 ( 57 ) 2512 & 2514 213 763 102 18 89 ( 58 ) 2530 & 2532 97 276 7 40 51 (59 ) 2516 & 2534 119 733 16 21 82 ( 60) 2536 81 504 12 23 46 ( 61 ) 2540 47 392 2 28 16 ( 62 ) 2542 & 2544 90 642 3 30 57 TOTALS 1759 11150 246 607 949 COUNCIL DISTRICT #7 SLC 1989 PRIMARY CANVAS NO. OF NO. ^TSTRICTS VOTERS REG. BURRIS HALE STOLER ( 63 ) 2480 22 329 3 7 12 ( 64 ) 2482 53 496 18 10 25 ( 65 ) 2492 33 1210 4 13 16 ( 66 ) 2494 & 2580 130 931 4 44 80 ( 67 ) 2582 22 347 8 7 7 ( 68 ) 2496 & 2586 78 746 6 46 26 ( 69 ) 2594 26 264 4 17 5 (70 ) 2550 39 319 2 13 24 (71 ) 2552 & 2554 54 536 3 22 29 (72) 2562 40 350 8 18 14 ( 73 ) 2566 & 2680 175 816 12 35 125 (74 ) 2568 40 287 0 17 23 '5 ) 2584 52 347 1 15 36 (76 ) 2588 80 303 19 30 31 (77 ) 2590 & 2596 90 728 12 43 35 ( 78 ) 2598 34 253 10 14 10 (79 ) 2660 103 317 4 75 24 (80 ) 2662 89 284 5 81 3 (81 ) 2664 & 2666 171 540 3 140 26 (82) 2668 133 406 3 114 16 ( 83 ) 2670 & 2672 89 664 1 69 19 (84 ) 2674 43 486 4 23 16 (85 ) 2678 60 372 3 50 8 (86 ) 2682 38 299 4 21 12 (87 ) 2684 99 497 8 48 43 J8 ) 2686 139 398 2 126 11 (89 ) 2692 & 2694 123 737 7 61 54 (91 ) 2912 10 88 2 2 6 (92 ) 2722 2 22 0 2 0 TOTALS 2067 13372 160 1163 736 GRAND TOTALS 7488 46471 VOTER TURNOUT 0. 16 ABSENT VOTER CANVASS RECORD 1989 FIGURES ARE REFLECTED IN THE ABOVE TOTAL DISTRICT 2678 COUNCIL DISTRICT #7 BURRIS HALE STOLER 0 1 0 ri , a31 ,,, ,Il ..] , Rpom smai_t LI atire,LE . 9.2 ADMINISTRATIVE SERVICES DEPARTMENT City Recorder KATHRYN MARSHALL 415 CITY AND COUNTY BUILDING PALMER DEPAULIS CITY RECORDER 451 SOUTH STATE STREET MAYOR SALT LAKE CITY. UTAH 84111 (801) 535-7671 October 6, 1989 To: The Mayor and Salt ake City Council - 1k From: Kathryn Marshal , ty Recorder Re: Canvass of Municipal Election and Olympic Games Opinion Question RECOMMENDATION: That the Mayor and City Council convene as the Board of Canvassers on October 10, 1989 at 6:00 p.m. at their regular meeting place to adopt a motion authorizing the City Recorder to prepare an abstract of the votes cast in the munici- pal election to be held November 7, 1989, for Councilmembers of Districts 1, 3, 5, and 7, and the Olympic Referendum question and recess the Board until the abstract is complete. DISCUSSION: Pursuant to State Statute 20-5-60, the canvass of the election returns for 1989 must be scheduled within seven days of the election. That statute also provides that the Mayor and City Council will assist the City Recorder as the Board of Can- vassers and that the returns of the election will be opened in the presence of the Board of Canvassers. In the past, the Mayor and Council have convened as the Board of Canvassers and recessed until such time as the Recorder has prepared abstracts of the votes cast for each office. The Mayor and Council will then reconvene to determine that the statement prepared from the abstract of votes is correct and sign a certi- fication which will determine which candidates received the greatest number of votes and, therefore, are nominated. The Board of canvassers will also be asked to determine that the statement prepared from the abstract of votes for the Olympic Games Opinion Question is correct and sign a certification which will then determine the outcome of the opinion vote. SA z t � ak oat coR>i,„ CRAIG E. PETERSON DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 218 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 To: Salt Lake City Council September 12, 1989 Re: Petition No. 400-350 submitted by Harold Wilkinson Recommendation: That the City Council adopt the ordinance closing a portion of Elgin Avenue located west of 1100 East Street and a dead end stub of 1100 East street located south of Elgin Avenue. Availability of Rinds: Not applicable Discussion and Background: On July 12, 1988 the City Council held a public hearing to discuss Petition No. 400-350. The hearing was closed and was referred to the Planning staff and the petitioner to work out the various problems discussed during the hearing. The abutting property owners were concerned if this building lot was approved their access to any public street would be eliminated and could possible effect future development plans. We recommend that the following action take place to solve the above mentioned concern: 1. Elimination of the 1100 East Street stub south of Elgin Avenue. With vacation of public interest by Salt Lake City with right of way access maintained for abutting property owners. Salt Lake City will vacate its prescriptive use claim to a ten foot strip of the 1100 East stub, with this property becoming part of lot 2. 2. Direct exchange of portion of old alignment of Elgin Avenue for new dedication of Elgin Avenue. This exchange would include public improvements of the new Elgin alignment and deeding in value in fee of the 1100 East stub to Salt Lake City by the petitioner. 3. Recording of the Jardine Park Amendment subdivision and the street dedication plats. The petitioner has signed the Jardine Park Amendment subdivision plat and the 1100 East and Elgin Avenue street dedication plat. Once approval has been granted these documents will receive final approval and be recorded. Legislative Documents: The City Recorder's Office has the original ordinance from the public hearing held July 12, 1989 and is ready for your action. The original ordinance should be executed as the conditions will be done through the property exchange process. Submitted by: B. Z Acting Director Community and Economic Development lf/ SALT' A�Q °U CITY( CORP `A IOW ALLEN C. JOHNSON. AICP PLANNING AND ZONING PLANNING DIRECTOR COMMISSION MEMBERS' WILLIAM 1. WRIGHT. AICP COMMUNITY AND ECONOMIC DEVELOPMENT RALPH BECKER orPUTV DIRECTOR PLANNING DIVISION DAN BETHEL .,,PLRVISOR LONG RANGE PLANNING Planning and Zoning Commission CINDY CROMER AND URBAN DESIGN THOMAS A. ELLISON SANDRA MARLER 451 SOUTH STATE STREET LAVONE LIDDLE-GAMONAL SECRETARY ROOM 406, CITY AND COUNTY BUILDING RICHARD J. HOWA RALPH P. NEILSON SALT LAKE CITY, UTAH 84111 GEORGE NICOLA1 US TELEPHONE 535-7757 JOHN M. SCHUMANN August 21 , 1989 Mr . Craig Peterson, Director Community and Economic Development 451 South State Street Salt Lake City , UT 84111 RE: Letter of Transmittal - Petition No. 400-350-85 to Close portions of Elgin Avenue and 1100 East Street . Dear Craig: On July 12 , 1988 the City Council hearing for Petition No . 400- 350 was closed and referred to the petitioner and city planning staff to work out various problems . The original proposal by the petitioner was to create a building lot on the 1100 East Street stub. Salt Lake City has only a prescriptive claim to the 1100 East stub property . Abutting property owners were concerned that approval of this building lot would eliminate their access to any public streets and affect future development plans . Submitted now is a recommended solution to the abutting property owners concerns regarding the closure of the 1100 East Street stub south of Elgin Avenue . It is recommended that the city vacate its interest in this property for public access use only and that the city retain control of the property with abutting propert-, .,t.,- ess right being maintained . As part of this action th,. petitioner will deed in fee title to Salt Lake City the stub portion of 1100 Past Street , minus 10 feet to remain a part of the lot 2 of Jardine Park Amended subdivision . Mr . Peterson Page 2 This action places the 1100 East stub under city control until future development plans of abutting property owners can be determined. This also clears the way for the 1100 East Street and Elgin Avenue realignment to occur . Redesign of 1100 East Street and Elgin Avenue would square off the existing "S" curve alignment which creates a traffic hazard . The following actions will need to take place to implement the above recommendation. 1 . Elimination of the 1100 East Street stub south of Elgin Avenue. With vacation of public interest by Salt Lake City with right of way access maintained for abutting property owners . Salt Lake City will vacate its prescriptive use claim to a ten foot strip of the 1100 East stub, with this property becoming part of lot 2 . 2 . Direct exchange of portion of old alignment of Elgin Avenue for new dedication of Elgin Avenue. This exchange would include public improvements of the new Elgin alignment and deeding in value in fee of the 1100 East stub to Salt Lake City by the petitioner . 3 . Recording of the Jardine Park Amendment subdivision and the street dedication plats . The petitioner has signed the Jardine Park Amendment subdivision plat and the 1100 East and Elgin Avenue street dedication plat. Once City Council gives final okay these documents will receive final city signatures and be recorded . If you have any question concerning this matter contact either Everett L. Joyce or Douglas Wheelwright . Sincerely, Allen C. Johnson , AICP Plann ng rector ACJ:ELJ Enclosures cc : Douglas Wheelwright II iII h jI fl u 1' I IL os 1 II z II > I J 1 z W 1 i / _ I a 3jd1S_ t I s N 1Sb'] g01I —1-----—�O ' N r O I V 1 Oi I 01�- �-01 a I cc a I o Q x � j) \ 1 I m \ \ / ea �Ii � / I w • ‘ / I l , /// 1 NlaM30'S ONv I / Ban;9NilSix3 - H�aM3'Ji5 GNv eano VNILSIX3 19NT3JNI NC17W C1 )1VM 3eIS NQiUSNva1 SALT LAKE CITY ORDINANCE No. of 1988 (Closing a portion of Elgin Avenue located west of 1100 East Street and closing a dead end stub of 1100 East Street south of Elgin Avenue in Salt Lake City, Utah, pursuant to Petition No. 400-350-85) AN ORDINANCE CLOSING A PORTION OF ELGIN AVENUE LOCATED WEST OF 1100 EAST STREET AND A DEAD END STUB OF 1100 EAST STREET LOCATED SOUTH OF ELGIN AVENUE IN SALT LAKE CITY PURSUANT TO PETITION NO. 400-350-85. WHEREAS, the City Council of Salt Lake City, Utah, finds, after public hearing, that the City' s interest in the public street described below is not necessary for use by the public as a street and that closure of the street with reservation of certain easements will not be adverse to the general public' s interest, nor will it relinquish or terminate the City' s interest in the closed portion of the underlying property without separate documents of transfer. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That a portion of Elgin Avenue located west of 1100 East Street and a portion of 1100 East Street located south of Elgin Avenue, which are the subject of Petition No. 400-350-85, and which are more particularly described below, be, and the same hereby are, closed and declared to be no longer needed or available for use as a public right-of-way; and that title to the City's interest thereon be reserved and retained by Salt Lake City Corporation pending subsequent transfer. Beginning at a point N 89°49 ' 10" E 9.50 feet from the Southeast Corner of Lot 12, Jardine Park, a subdivision of Lot 14, Block 28, Ten Acres Plat A, Big Field Survey, and running thence North 1.16 feet to a point on the curve in the North Line of Elgin Avenue; thence Northeasterly along said curve to the left (radius bears N 13°55' 11" W 40.68 feet) a distance of . 34.76 feet; thence N 27°07 ' 17" E 86.01 feet; thence Northeasterly along a cure to the right (radius bears Z S 62°52 '43" E 90.43 feet) a distance of 24.25 feet to `� y� the West Line of 1100 East Street; thence S 0°03 '04" W 102.77 feet to the Southeasterly line of Elgin Avenue; thence S 27°07' 17" W 17.43 feet; thence S 89°49 ' 10" W 71.39 feet to the point of beginning. Contains 4026 square feet or 0.0924 acres. Beginning at a point N 89°59 ' 10" E 91.66 feet from the southeast corner of Lot 29, Jardine Park, a subdivision of Lot 14, Block 28, Ten Acre Plat A, Big142 Field Survey, said point being on the west line of C' 1100 East Street and running thence N 0°03'04" E along said line 112.86 feet to the south line of Elgin (;Au Avenue; thence N 89°49'10" E 66.00 feet to the east line of 1100 East Street; thence S 0°03 '04" W 112.86 feet; thence S 89°49'10" W 66.00 feet 'at the point of beginning. SECTION 2. RESERVATIONS AND DISCLAIMERS. The above closures are expressly made subject to all existing rights-of-way and easements of all public utilities of any kind and every description now located on and under or above the confines of the above-described property and also subject to the rights of entry thereon for the purpose of maintaining, altering, repairing, removing or rerouting said utilities, including the City's water and sewer facilities, and all of them. Said closures are also subject to any existing rights-of-way or easements of private third parties. SECTION 3. EFFECTIVE DATE. This ordinance shall become effective on the date of its first publication. -2- Passed by the City Council of Salt Lake City, Utah, this day of , 1988. CHAIRPERSON ATTEST: CITY RECORDER By Transmitted to the Mayor on Mayor' s Action: Approved Vetoed MAYOR ATTEST: CITY RECORDER BRB:pp -3- DEPARTMENT OF DEVELOPMENT SERVICES ROSEMARY DAVIS Capital Planning and Programming DIRECTOR CITY AND COUNTY BUILDING 451 SOUH STATE STREET, SUITE 404 SALT LAKE CITY, UTAH 84111 535-7902 October 5, 1989 TO: Willie Stoler, Chairperson Salt Lake City Council RE: Compeq International industrial revenue bonds Attached is a letter from Mr. Richard Fox, bond counsel for Compeq International, with a project status report and an explanation for requesting a public hearing to facilitate the extension of the State bond quota allocation for the project. While the amount of the tax exempt bond issue will be reduced, it is encouraging to note that the scope of the project has increased substantially since it was first presented. To accommodate project time and funding needs, I would appreciate your consideration of this request that on October 10 the City Council set a public hearing for November 7, 1989 for the issuance of industrial development revenue bonds for Compeq International in an aggregate principal amount not to exceed $1 , 000, 000 . Thank you. Sincerely, Rosemary Davis, Director 1 RR/RB LAW OFFICES 20rH FLOOR BALLARD, SPAHR, ANDREWS & INGERSOLL 30 SOUTH 17TH STREET (INCLUDING THE PUBLIC FINANCE PRACTICE OF THE FORMER FIRM OF PHILADELPHIA,PA 19103 FOX,EDWARDS,GARDINER& BROWNi l� ` 1`�.,y ONE WESTLAKES AMERICAN PLAZA II, SUITE 400 235 WESTLAKEs DRIVE BERWYN, PA 19312 57 WEST 200 SOUTH SUITE 2300 SALT LAKE CITY, UTAH 84101 .. 1225 I7TH STREET DENVER,CO 60202 801 359-1800 SUITE 900 EAST TELECOPIER:801 521-5364 555 13TH STREET,N.W. WASHINGTON,0.C.20004 RICHARD 5. FOX October 5 , 5989 Mr . Robert Buchanan Grants Officer Capital Planning Division City and County Building Suite 406 451 South State Salt Lake City, UT 84111 Dear Bob: As mentioned in our recent telephone conversation, we have requested a second public hearing for the Compeq International Revenue Bond issue . The capital expenditure budget for the Compeq project at the Salt Lake International Center has more than doubled as management has selected the very best equipment and pollution abatement facilities . The plant, we are assured, will be state of the art with equipment that is second to none . The small issue exemption from federal income tax offers two alternatives . If the bond proceeds do not exceed $1 , 000 , 000 , then capital expenditures financed from all other sources can be unlimited. If the bonds exceed $1 , 000 , 000 then aggregate capital expenditures financed from all sources over a six-year period cannot exceed $10 ,000 , 000 . Initially it was hoped that all the equipment could be leased making it unnecessary to include that category of assets in the capital expenditure budget. The federal restrictions became unduly burdensome when it appeared that the assets being leased would cost more than twice what the assets being purchased would cost . Under these circumstances , Compeq has elected to stay within $1 , 000 , 000 of bonds issued. It will then utilize taxable conventional financing for the remainder of the capital expenditure budget . In order to be in a position for issuance of the bonds prior to the expiration of the quota allocation, we respectfully ask Mr. Robert Buchanan October 5 , 1989 Page 2 that you request a hearing date of November 7 , 1989 . This will allow us more than 15 days after the publication date of a proposed Notice of Second Hearing, a copy of which is enclosed. Your cooperation in obtaining a hearing date from the City Council will be appreciated. Your support in the past has been most helpful . Very truly yours , RICHARD S . FOX RSF/ka :l0; :. /i Chen Timothy Bridgewater Roger Cutler Katherine Marshall Buzz Hunt Cindy Gust-Jensen Rick Burtenshaw L131909 BD11858 CITY COUNCIL OF SALT LAKE CITY, SALT LAKE COUNTY NOTICE OF SECOND PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, November 7 , 1989 at 6: 00 p.m. , or as soon thereafter as the matter can be considered, the City Council of Salt Lake City, Utah (the " Issuer" ) will hold a second public hearing in the City and County Building, 3rd Floor Council Chambers, at 451 South State Street, Salt Lake City, Utah for the purpose of receiving public comment on the proposed issuance by the Issuer of its industrial development revenue bonds in an aggregate principal amount not to exceed $1,000, 000 (the "Bonds" ) . The Bonds are to be issued pursuant to the Utah Industrial Facilities and Development Act, Chapter 17, Title 11 , Utah Code Annotated 1953 , as amended (the "Act" ) . The Bonds will finance a portion of the cost of the acquisition of equipment for a manufacturing facility which will produce printed circuit boards and electronic products. The facility will be located on approximately fifteen acres within the Issuer' s city limits in the Salt Lake International Center on Lot 1 , Plat 16 on Harold Gatty Drive . The manufacturing plant will contain approximately 140, 000 square feet and will be owned and operated by Compeq International Co. , Ltd. , a Utah corporation, or an affiliated company. On May 9, 1989 a public hearing was held in connection with this project. This second hearing is required because of a reduction in the amount of the issuance of the proposed Bonds from not to exceed $9, 300, 000 to $1 , 000, 000. The proposed Bonds will not constitute general obligations of the Issuer. The Issuer will not be obligated to pay costs incurred in connection with the issuance of the Bonds nor will it be liable to make payments of the interest or principal on the Bonds (other than as provided in the Act) . This public hearing is required by Section 147( f) of the Internal Revenue Code of 1986, as amended. Comments at the public hearing are invited. Written comments may be submitted to the Issuer at the office of the Salt Lake City Recorder, located at 451 South State Street, Salt Lake City, Utah until 5 : 00 p.m. on November 7, 1989 . SALT LAKE CITY /s/ Kathryn Marshall City Recorder Published , 1989 . _ .i_�'O-_- '3'w-._.._',C�;. ..-.._. -.,.., _.....,: ...!'S':a::.�f'M:.ia.'Y:_-.,..Kt.a,•i..'L:..._i.�.:.:YarYti-.�S^R: a..` .. .:.".1':c ..._...�a... 'G2= ,.>..� a,:E'.. _t4:4i+J._'- r.w.Y'i' '�._ra. 'F_..ri�'-�'r.rye^ice 111111111 STAFF RECOMMENDATION CAPITAL IMPROVEMENT PROGRAM/GENERAL FUND BUDGET REVISION October 6, 1989 STAFF RECOMMENDATION: LEE KING ACTION REQUESTED OF COUNCIL: That you approve a revision to the General Fund Capital Improvement Program for the Steiner Aquatics Center (Sunnyside Recreation Center). BACKGROUND INFORMATION: The Administration briefed you on October 5, 1989 on the status of fund raising and the proposed budget for the Steiner Aquatics Center. The revision to the CIP will accomplish two objectives. First, to make available $70,000 to cover engineering fees; and second, to make available $663, 329 that when combined with the City's FY 1988-89 appropriation of $150,000 constitutes the City's $883,329 (this includes the City's $113,000 matching funds) total contribution to the swimming complex. STAFF ANALYSIS: Funding for this project is coming primarily from four sources. The first is $620,000 that you earmarked for the project and set aside in the CIP/GF Contingency. The remainder of the City's share of the total project, is coming from a $51,000 reduction in Fire Station #10; $50,000 from the Riverside Park Parking project; and $12, 329 in slippage from various projects. During the briefing, some concern was expressed about the status of Fire Station #10. The total project is expected to cost $750,000. Currently, there is $305,000 in the project budget. Anticipated expenditures for the initial phase of the project are: Architect Fees $8,700 Project Manager Fees $27, 290 Geotechnical Services $3,000 Site Work $150,000 Survey Fees $4, 500 Additional Architect. $6,000 during construct ion _ __ _. total $199,490 Reducing the current budget. by $51,000 will leave a balance of $54,510 in the project. This amount. should be sufficient to carry the project. • through this budget year. The remainder of the project will be funded in the FY 1990-91 CIP Program. Design fees of $34,800 have already been paid for from a previous fire station construction project and will have no impact on the current. budget. RECOMMENDED ACTION: That you approve the revision to the General Fund Capital Improvement Program for the Steiner Aquatics Center. RECOMMENDED MOTION: I move that the FY 89 CIP/GF Contingency be reduced by $620,000; that Fire Station #10 project be reduced by $51,000; that Riverside Park Parking project be reduced by $50,000; that FY 88 CIP/GF slippage be reduced by $7240; that FY 87 CIP/GF slippage be reduced by $795; that. FY 86 CIP/GF Contingency be reduced by $4, 294; and that the Steiner Aquatics Center project be increased by $733,329. DEPARTMENT OF DEVELOPMENT SERVICES ROSEMARY DAVIS Capital Planning and Programming DIRECTOR CITY AND COUNTY BUILDING 451 SOUH STATE STREET, SUITE 404 SALT LAKE CITY, UTAH 84111 October 6 , 1989 535-7902 TO: W.M. "Willie" Stoler RE : LEGISLATIVE BUDGET REVISION OF THE CIP/GF RECOMMENDATION: That you approve the following budget revision to the CIP/GF: Current Recommended Project Budget Budget Change Source Sunnyside CIP-Cont Recreation Center -0- $671 , 000 $671 , 000 (83-90099 ) ( 83-90020) 83-90028) CIP/GF Contingency $749 , 885 $129 , 885 ($620 , 000) N/A (83-90099) Firestation #10 $305 , 000 $254 , 000 ($51, 000 ) N/A ( 83-90028 ) Sunnyside Recreation $ 80 , 500 $130 , 508 $50, 000 (83-89034) Center ( 83-89036) Riverside Park Parking (83-89034) $156 , 290 $106 , 290 ($50 , 000 ) N/A Sunnyside Recreation $ 3 , 000 $ 10 , 240 $7, 240 (83-88074) Center (83-88051) CIP/GF Slippage $ 7 , 240 -0- ($7, 240) N/A ( 83-88074) rj Sunnyside Recreation -0- $ 795 $ 795 ( 83-87074 ) (New Project) CIP/GF Slippage $ 795 -0- ($ 795) N/A ( 83-87074) W.M. "Willie" Stoler Page 2 Sunnyside Recreation -0- $ 4 , 294 $4, 294 ( 83-86076) Center (New Project) CIP/GF Contingency $ 4 , 294 -0- ($4, 294) N/A (83-86076) DISCUSSION: The Administration is requesting a revision of the CIP/GF budget . Specifically, the request is that $733 , 329 be moved from contingency, and other recommended projects, to various Sunnyside Recreation line item budgets . The project should be named "Steiner Aquatics Center" in each year created. The revision is requested to accomplish two objectives . First, to make available $70 , 000 to cover engineering fees; and second, to make available $663 , 329 that when combined with the FY 1988-89 appropriation of $150 , 000 constitutes the City' s $883 , 329 total contribution to the project. A date of October 10 , 1989 is requested to bring this matter to you formally. There will be four items that may be more fully addressed at that time. They are as follows : 1) bid prices on the construction, 2) commitments for private donations , 3) the acquisition of state land , and 4) the contractual agreements with the school district and private donors. The project needs to be commenced as soon as possible to avoid delays that may be caused from doing foundation and site work after winter has fully started . If you have any questions in the interim, please contact Scott Bond or Joe Reno . Sincerely, Vosemry Davis 06a 'rector 7-'(\ cc: Emilie Charles Craig E. Peterson Linda Hamilton Scott Bond Lee King Max Peterson Joe Reno File OFFICE OF THE CITY COUNCIL CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, SUITE 304 SALT LAKE CITY, UTAH 84111 535-7600 October 5, 1989 MEMORANDUM TO: COUNCIL MEMBERS FROM: CINDY GUST-JENSON RE: HISTORIC LANDMARKS The public hearing for the Historic Landmarks Ordinance regi.lested by Council Member Alan Hardpan is set for this Tuesday, October 10. Council Member_ Hardman_is unable to attend the meeting, and has asked me_ to regmest. the Council to defer action on the issue until the November7 meetinq. As far as I am aware at this time, all Council Members will be in town at that time. Since the public hearing has been scheduled and advertised, public comment will, of course, proceed. Assuming the Council accepts Council Member Hardman's request, at the conclusion of public comment motions for the Council consideration include: 1. I move we close the public hearing. 2. I move we table this item until our November 7 meeting. If there appears to be a need for additional comment at the November 7, meeting the motion would be: I move we continue the public hearing to November 7. ' / • arc.. LEGISLATIVE ACTION :'CTION PROPOSED BY: Council Member Alan uardman • PROPOSED ACTION: Amend Section 21.74.030 creating additional residency limitations on the Historic Landmark Committee. BACKGROUND INFORMATION: This proposed change is in keeping with Council Member Hardman's discussion of the issue at the Council's February 25, 1939 • retreat. .Bruce Baird, Assistant City Attorney, has indicated that there is some justification for requiring that the Planning Commission issue a recommendation on the proposal, but that the Statute itself is unclear. In deference to the Planning Commission and in order to avoid any appearance of attempting to subvert the regular process, Council Member Hardman is requesting that the proposed ordinance change be referred to the Planning Commission for their review and recommendation. Upon receipt of the Planning Commission's recommendation, the City Council will hold a public hearing concerning the proposal prior to final action. REFERRED TO: Department of Development Services for scheduling on the Planning Commission agenda. • SALT r s' a �1T � t RP0° ►I,OI ( CRAIG E. PETERSON DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 218 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 To: Salt Lake City Council August 22, 1989 Re: Amendment to Section 21.74.030 Landmark Committee Recommendation: That the City Council hold a public hearing on October 3, 1989 at 6:20 p.m. to discuss the Legislative Intent regarding the appointment procedures to the Historical Landmark Committee. Availability of Funds: Not applicable Discussion and Background: The Planning Commission has reviewed this Legislative Intent and recommends that the City Council adopted a "revised draft". The Planning Coiuwission agreed that having a geographical balance of representation is important but felt that the method of limiting the "at large" memberships on the committcc to residents who do not own property nor reside within a historic district is too limiting. Their proposal emphasizes the need for a balanced membership both professionally and by location but would not exclude a candidate solely on property ownership or residency. Legislative Document: An ordinance has been prepared by the City Attorney's Office and is ready for your action. Submitted by: (;- CRAIG E.l PEFERSON - - Director- lf/ U ul : C;I l 1 1.` r f> 1.1i?i!G f i > ROGER F. CUTLER FT ASSISTANT ATTORNEYS CITY ATTORNEY cr' r r,'a�;G T�Y�q , © •e, 11�0� � RAY L. MONTGOMERY STEVEN W. ALLRED GREG R. HAWKINS DEPUTY CITY ATTORNEY LAW DEPARTMENT LARRY V. SPENDLOVE BRUCE R. BAIRD CHERYL D. LUKE CITY AND COUNTY BUILDING FRANK M. NAKAMURA CITY PROSECUTOR 451 SOUTH STATE STREET, SUITE 505 ASSISTANT PROSECUTORS SALT LAKE CITY, UTAH 84111 CECELIA M. ESPENOZA RICHARD G. HAMP TELEPHONE (801) 535-7788 GLEN A. COOK FAX (801) 535-7640 October 3, 1989 TO: Cindy Gust-Jenson City Council FROM: Bruce R. Baird Assistant City Attorney RE: Historic Landmark Committee - Planning Commission version Pursuant to our discussions I have redrafted the version of the residency limitation ordinance for the Historic Landmark Committee as it was transmitted from the Planning Commission . I have made certain minor technical changes to clear up possible ambiguities . You also have in your possession a version of the ordinance as requested by Council Member Alan Hardman. As noted before, our office expresses no preference as to which draft should be adopted. The primary difference between the two drafts is that Council Member Hardman' s draft counts the "designated members" against the "historic district membership" should a "designated member" live in a historic district . If you have any questions please call. BRB:cc cc: Allen Johnson A ALAN ' S VERSION [11 SALT LAKE CITY ORDINANCE No . of 1989 (Amending Section 21 . 74 . 030 creating additional residency limitations on the Historic Landmark Committee) AN ORDINANCE AMENDING SECTION 21 . 74 . 030 CREATING ADDITIONAL RESIDENCY LIMITATIONS ON THE HISTORIC LANDMARK COMMITTEE. WHEREAS , the City Council believes it is important to have geographical diversity of membership on the Historic Landmark Committee; NOW, THEREFORE, Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Section 21. 74 . 030 (B) be amended to read as follows : 21 .74 .030 Historical landmark committee - Creation - Membership. A. * * * B. [Tzre—eem 'ee-shy-e-e n s-rs-t--o f not l e-s s- nine . ] Each voting member shall be a resident of the city interested in preservation and knowledgeable about the heritage of the city. Members[ , to] shall be appointed by the mayor with the consent of the city council[ , Shall be ecicctcd from the ] as follows : ] ( 1 ) Historic Districts . From each area designated as an historic district, two members who either reside or own property within the district; [2 . One—fi2P epr e hist--eri .� of the city] ( 2 ) At large. Five members who are residents of the city with consideration of broad geographical representation and with preference to citizens who live outside any historical district; [ ouadation] ( 3 ) Designated members . Irrespective of residence, one member designated to represent the Utah Heritage Foundation, one architect licensed in the State of Utah, and, one member of the Planning Commission designated to represent the Planning Commission; and district; ] (4 ) Ex officio . The director of the Planning Division and the Building and Housing Division (or their designees ) shall both serve a members ex official, without vote. [ at large; -2- • ion and L3uilding without votc. ] SECTION 2 . This ordinance shall take effect upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s Action: Approved Vetoed MAYOR ATTEST: CITY RECORDER BRB:cc -3- PLANNING COMMISSION ' S VERSION DRAFT SALT LAKE CITY ORDINANCE No. of 1989 (Amending Section 21 . 74. 030 creating additional residency limitations on the Historic Landmark Committee) AN ORDINANCE AMENDING SECTION 21. 74. 030, SALT LAKE CITY CODE, CREATING ADDITIONAL RESIDENCY LIMITATIONS ON THE HISTORIC LANDMARK COMMITTEE. WHEREAS, the City Council of Salt Lake City, Utah believes it is important to have geographical diversity of membership on the Historic Landmark Committee; NOW, THEREFORE, Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Section 21 . 74.O3O(B) , Salt Lake City Code, be amended to read as follows : 21. 74.030 Historical landmark committee--Creation--Membership. A. B. [The committC c or more—t Qn xi-muf e if-te rs. ] Each voting member shall be a resident of the city interested in preservation and knowledgeable about the heritage of the city. Members[ , to] shall be appointed by the mayor with the consent of the city council[ , ciTE=rollowing erected parties] as follows: 1. [one—member—f rem them f th • American I rstitute—of A-rchitce-t-s] Historic Districts . From each area designated as an historic district not more than two members who either reside or own property within the district; 2. [One-member representing the historical soe-i-etes of the city] At Large. Five members who shall not reside or own property in an historic district; 3 . [One-member-from-the-Utah-Heritage F o u nd a-t i on] Designated Members. One member designated to represent the Utah Heritage Foundation; one member designated to represent the Utah Society of the American Institute of Architects; and, one member of the Planning Commission designated to represent the Planning Commission. In the event that a Designated Member resides or owns property within an historic district the Designated Member shall also be counted as one of the members allowed from that historic district. In no event shall the appointment of a Designated Member be allowed to increase the number of members residing or owning property in any historic district to more than two; 4. [Ne-mere-t- n-t-we-members who are residents-o-f-or-own p r -a d esign a-te • r-i o t] Ex Officio. The directors of the Planning Division of the Building and Housing Division ( or their designees ) shall both serve as members ex officio without vote[;] . [5 . Five-members-maybe citizens at large;] [6. One member-of the planning commission; ] [7 . The directors-of the-planning division and-Bur--ld-ng and housing Services D-ivr-si-en (err their designated representative both servefficio member-s-w-i-thou-t vote. ] -2- SECTION 2. This ordinance shall take effect upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s action: Approved Vetoed. MAYOR ATTEST: CITY RECORDER ( SEAL) Bill No. of 1989 . Published: BRB:rc -3- -�> .- . E C E I V E D CiT TroRNEY'S OF CE DATE..---- . -s()1 - ALLEN C. JOHNSON MEMBERS: PLANNING DIRECTOR f Tm�fYrf'n',,y+�'RD�J/,�� T RALPH CBECKER SANDRA MARLER S T' 1 \' j�Cj�j�jl V ll� �V�`' �j0 THOIMADS A.REOLLISON SECRETARY DEPARTMENT OF DEVELOPMENT SERVICES LAVONE LIDOLE-GAMC!.AL EX-OFFICIO MEMBERS: RICHARD J. HOWA MAYOR OF SALT LAKE CITY Planning and Zoning Commission RALPH P. NEILSO.N CITY ENGINEER 324 SOUTH STATE STREET. ROOM 200 GEORGE NICCLATUS CITY TRAFFIC ENGINEER SALT LAKE CITY. UTAH 84111 JOHN M. SCHUMANN CITY BUILDING OFFICIAL 535-7757 F. KEITH STEPAN PETER VANALSTYti= KATHY WACKER June 6, 1989 Mr. Craig E. Peterson, Director Ccmmunity & Economic Development Salt Lake City Corporation Salt Lake City, Utah Dear Craig, The Salt Lake City Planning & Zoning Commission has reviewed the Legislative Initiative from the City Council regarding the appointment procedures to the Historical Landmark Conunittee. The City Council submitted a new draft ordinance to the Planning CoIlullission for review and requested their recommendation. The Planning Commission discussed the proposed change on April 27, 1989 and held an informal hearing on May 25, 1989 to receive public conarent. At the conclusion of the informal hearing, the Planning Commission voted to recommend not to change the existing ordinance. Additionally, the Planning Conunission voted (five in favor and three against) to recommend to the City Council a "revised draft" of the proposed ordinance change. A copy of their "revised" draft is attached. The Planning Commission agrees with the intent of the proposed City Council change, that of having a geographical balance of representation on the Historical Landmark Committee. However, the opinion of the Planning Commission is that the method of limiting the "at large" membership on the cclrumittee to residents who do not own property nor reside within a historic district is too limiting. The Planning CoIlullission recognizes the many hours of expertise donated to the city by the Historical Landmark Committee members to further the heritage of the City. The Planning CoIlullission wishes not to penalize a qualified interested participant in Salt Lake City's preservation effort because of ownership of property or their residency. Craig F. Peterson June 6, 1989 Page 2 The Planning Ccuiluission believes the Mayor and City Council may need to increase their efforts to find qualified enthusiastic volunteers for the "at large" positions from neighborhoods throughout the City thereby assuring the geographical balance of Conuilittee membership. The Historical Landmark Committee provides a very technical review of design issues to maintain and improve the quality of life in Salt Lake City. The Planning Commission proposal emphasizes the need for a balanced membership both professionally and locationally but would not exclude a candidate solely on property ownership or residency. The Planning Commission respectfully reccnaunds that the City Council hold a public hearing and adopt the "revised draft ordinance" . If you have any additional questions regarding the Planning Commission recommendation, please call me. Respectfully submitted, Allen C. Johnson AIC:P Planning Director ACJ:wIW`J • attachment • L. • -� � .: ALLEN C. JOHNSON MEMBERS: PLANNING DIRECTOR e RALPH BECKER �I 1101 r,\ t�l t IrTY��D-RPORATI.ON( CINDY CROMER SANDRA MARLER THOMAS A. ELLISCN CNAL SECRETARY DEPARTMENT OF DEVELOPMENT SERVICES LAVONEAIDJ J.• HOWA EX-OFFICIO MEMBERS: RICHARD J. HO\YA MAYOR OF SALT LAKE CITY Planning and Zoning Commission RALPH P. NEILSON CITY ENGINEER 324 SOUTH STATE STREET. ROOM BOO GEORGE NICGLATL'S CITY TRAFFIC ENGINEER SALT LAKE CITY. UTAH 84111 JOHN M. SCHUMANN F. KEITH STEPAN CITY BUILDING OFFICIAL 535-7757 PETER VANALST"VE KATHY WACK=R MEMORANDUM TO: Planning Commission Members FROM: Bil Schwab , Historical Landmark Committee DATE: April 20 , 1989 SUBJECT: Proposed Historical Landmark Committee Ordinance Change ------------------------------------------------------- Please find attached minutes from the Historical Landmark Committee meeting of April 5 , 1989 with the Historical Landmark Committee review of the proposed ordinance change for appointments to the Committee . Also, enclosed are two letters from Alan Hardman and Roger Cutler . Copies of the proposed ordinance changes were included in your Planning Commission meeting packets for the April 13th meeting . At the April 19 , 1989 meeting, the Historical Landmark Committee moved to oppose the ordinance changes . Mr . Louis Ulrich, from the Historical Landmark Committee will attend the Planning Commission meeting on Thursday, April 27 , 1989 to discuss this issue with you before a recommendation is forwarded to the City Council . Thanks . BS : skm IILC Minutes , Apri c , 1989 Page 13 T ' and service organizations and City Boards and Commissions or Committees . Ten organizations have been invited to participate in the tree planting , one being the Historical Landmark Committee. • The HLC members were enthusiastic about this project, and several members volunteered , as follows : Ms. Pamela Grubaugh-Littig, Anna Grace Sperry, Randall Dixon, Steve England and Louis Ulrich, as well as Stuart Lcosli , a former HLC member . Any members not present during this meeting will be contacted . A dedication plague will also be installed along the planting treeway but the exact spot has not been selected 'yet Ms . Harrington is asking each participating organization to contribute $25 . 00 to help pay for the plaque. Mr . Bil Schwab said he will arrange for the $25 . 00 donation from the HLC. The second activity will be later during the day on April 29th when Salt Lake City will be designated "Tree City USA" , which is a national designation. The Mayor will receive a plague and a flag to fly on the flagpole in front of the City end County Building . The ceremony will be at 3 : 00 p.m. , and the members of the HLC were invited to attend Review of Proposed Ordinance Chance for Aopointmeni= to , istcrica 1 Landmark Committee . Ms . Cindy Gust-Jensen from the City Council Offices addressed the Committee. She stated that as a City Council staff person , she, or course, does not take any position and was only there to present some background explain the procedure followed in matters like this . She explained that several months ago the City Council members, Q in reviewing the composition of city boards , noticed that District 3 had several more representatives on city boards and committees than any other district . The Council_ members thcucht tha= members of the Historical Landmark Committee all had to be from the Avenues area but when Councilmember Alan Hardman read the city ordinance , he found it stated two members from the historic district and five at-large members . He interaretated "at-large" to mean people who live in areas other than historic districts . However , the City Attorney' s Office was consulted , and cne of the attorneys explained that the ordinance could , at first glance, be construed that way but due to the punctuation used, it does ' nt specify and cannot be construed to mean that the members of the committee have to live in areas other than the historic district . Councilmember Hardman is very interested in an ordinance being passe specifying that each historic district have a epresentative and that interested groups have representation but that there also be members on the Historical Landmark Committee from other areas of the city. Ms . Gust-Jensen said Mr . Hardman "- - ~ HLC Minutes , April._ 1989 '� page 14 had stressed that this was not a personal issue on his part but • just that he felt a broader representation is needed. • This issue was discussed in detail during the Council ' s retreat held in February 1989 . Councilmember Sydney Fonnesbeck brought up several issues which were discussed at that time . Councilmember Hardman asked the City Attorney' s Office to draft an ordinance with the additional representation he was interested in . The ordinance was drafted and was on the agenda for the City Council held the previous evening (April 4th) , at which time the Council voted to refer the revised ordinance to the Planning Commission for a recommendation. Ms . Gust-Jensen said the Council members had not realized this was a zoninc ordinance and had thought they could act on it by votinc it "uo or down" ; however , it was brought to their attention that it was an ordinance chance and should be referred to the Planninc Commission and after that, placed cn the City Council agenda for a public hearing and vote. Ms . Gust-Jensen said Allen Johnson , Planning Director , had said the Planning Commission could possibly refer this matter to any number of places but that it could be back to the City Council in about to months . Mr . Ulrich felt it would be inappropriate to create chance without looking at the history of the direction of the ordinance in the beginning . Ms . Gust-Jensen said the Council had the ordinance and the materials relating to the Committee but that this Committee had information along those lines they would like to provide to Alan Hardman or to the whole Council, it might be a good idea . Bil Schwab said that Ms . Linda Edeiken, a member of the Historical Landmark Committee, was unable to attend this meeting but she talked with him and cave him some information which he will provide to the city Council . Mr . Stuart Loosli , 955 East South Temple, a former member of the Historical Landmark Committee, was present. He thought the idea of the original ordinance was to give quite a bit of leeway to whoever made the appointments to select people who are interested and concerned with historic preservation regardless of where they live even if they all live in one area ; that the concern was to appoint people who are willing and able to participate in the activities of the Committee . He said there is nothing in the ordinance stating a person ' s residence would qualify her/him for membership on the Committee . Mr . Kimball stated there are the lower Avenues area , the Capitol Hill , the South Temple historic district, which has been without representation for two years because the City Council has not approved the names submitted because the appointing of new members to the Historical Landmark Committee has been "put on • Hec Minutes , April 1989 Page 15 • hold" since the matter of the change in the ordinance was first brought up. Mr . Kimball continued , stating there are presently eight members on the Committee who either own property in or reside in a historic district. He noted the words "own property in" are important language which would disqualify many people who may have an investment in the lower Avenues or in Capitol Hill and live elsewhere in the city. He said of the eight people, three organizations are represented; i . e. , Utah Heritage Foundation , the AIA and Planning and Zoning.. Those people cannot be from the historical districts or they count in those districts . He clarified there are eight people, three organizations being represented, and five members-at-large. Mr . Kimball noted there have been several vacancies periodically on the Historical Landmark Committee, and the difficulties in getting new appointees have at times made it difficult to have a quorum present at the meetings ; also , that the members of the Committee would appreciate having a few extra members so it would not be absolutely necessary to attend every meeting to opt the necessary business done . He asked how, under the proposed ordinance change which would permit 15 or 16 members on the Committee, how would the existing members be dealt with who have spent hundreds of "volunteer hours" because most of them are from the previously designated historic districts . It appears that- the change will "wipe out" three people from Capitol Hill and three people from the Avenues presently on the Landmark Committee . Ms . Gust-Jensen said she had asked that Question and been informed that generally when there is a change like the oroccsed chance, the existing membership is not affected but that future appointments would be based on the new ordinance, if the ordinance were to pass . Mr . Lcosli expressed concern over the possibility of having a committee composed of absentee landowners having little interest in the historical quality of the property , or the reverse--of having absentee landowners whose interests would be in seeing maximum development for profit--not historical preservation. y During discussion it was brought out that should additional historic districts be designated in the city, there would , of course , be members on the Committee as representatives of these districts . Ms . Gust-Jensen said based on her conversations , it seemed the larger issue was the idea that all City committees should have representatives from all areas . Mr . Ulrich said he felt the language of the proposed ordinance is discriminatory because it excludes participation. He noted there are members presently serving on the Historical Landmark ee Committee who do not reside in a historic district but are serving because they are very interested in preservation, and he • HLC Minutes , April d , 1989 pace 16 felt it is because people have that interest and are willing to serve, rather than "numbers" that make this a viable committee. He feels strongly that qualifying because of "numbers" and not because of "interest or qualifications" is a very dangerous precedent in legislation. He has no objection to any of the City Council members trying to promote someone in their district because of " interest" ; however , he believes to direct by lecislation is very dangerous . that is a matter of course and interest; however , he feels to direct by legislation is very dangerous . . Mr . England ' s objection to the proposed change is that it is negative does not guarantee representation from all districts; it only guarantees that all members won ' t be from District 3 . He feels the valid way to address general representation would be to require one representative from each of the six districts and the additional members to be at-large members . Dr . Schricker commented as one of the newer members of the HLC, at the time inquiry was made as to his interest in serving on th=_ Committee, no mention was made about where he lived but only concerning his interest in old homes and restoration, etc. During discussion, it was brought out that many of the existing members were appointed to the Historical Landmark Committe for dlferent reasons will find themselves , because of the prccofed chance in the ordinance , in a position of not being eligible to serve on the Committee , and the membership of the Committee oppose the proposed legislation. Discussion again turned to the absentee landowner issue which was a major concern of the Committee members . Mr . Loosli suggested the Planning Commission clearly understand the concerns from the point of view of the members of the Historical Landmark Committee . He voiced concern over the inability of the Mayor ' s Office to make appointments to clear vacancies existing on the Historical Landmark Committee for long periods of time after names have been submitted . He sees that a~ _ having a weakening effect for the whole process . He resides on South Temple, and wonders why that district has not had a • representative on the HLC for over one and one-half years . Further , he referred to the South Temple Master Plan now in process , noting there is not even a voting member from South Temple on the Committee . Mr . Kimball asked that the Minutes reflect his appr=r. i ion , and the other Committee members agreed with him, to ail members who have been on the HLC for more than one meeting and also to the members of the Architectural Subcommittee of the Historical Landmark Committee for their many hours spent in meetings . He noted these are not political appointments, 'and when things become "political" , he gets a "funny taste in his mouth" . He added that all efforts put forth by the HLC and the ASC have been ^ LC Minutes , Apri 1989 page 17 • done independently of political interests and on a voluntary basis as responsible citizens . He shares Mr . Loosli ' s concerns over the lack of -appointments by the Mayor ' s Office - to the Historical Landmark Committee . Mr . Stransky commented that perhaps the Committee should make a motion that they have read the proposed ordinance, and they are anxious to receive the City Council ' s input soon and moving ahead with the matter quickly because the members of the Historical Landmark Committee are interested in filling the existing vacancies as soon as possible. He wondered if the City Council members should make recommendations for persons from their districts? Mr . Schwab said Allen Johnson (or did you mean Alan Hardman? ) has directed him to bring this matter up for discussion, saying there will probably be further discussion during the April 19th meeting and to prepare a letter to the City Council requesting anyone who is concerned to come and talk with the Historical Landmark Committee at that meeting or at some other time when the Committee could meet . Review , Historical South Temple Master Plan With Recommendation to Plannina Commission. Bil Schwab explained that he and Ms . ..Jan Striefel had gone over the South Temple Master Plan and made the changes recommended by the Historical Landmark Committee and others . Copies of the revised draft of the Master Plan were previously mailed to the HI,C members for their review. (A copy of the revised draft is on file with these original Minutes . ) Mr . Schwab said the Planning Commission will not be reviewing the draft of the Master Plan until April 27th , or possibly later , and he asked the Committee members , or others present , if they had further recommendations or suggested changes before the Master Plan is presented to the City Council . Mr . Stuart Lcosli referred to pace 9 concerning the "Existing and Proposed Land Use" and the legend shown for "Commercial" . He felt the document should be changed to sav "Proposed Land Use" and not "Existing" , and it should show all that is now "Commercial" as "Residential" . It was decided there should be two maps--one showing what is "existing" and one showing what is "proposed" in order to avoid confusion. Mr . Ulrich commented concerning " Institutional" and "Commercial" that many times the structures are residential in character ; i . e . , the Cathedral of the Madeline and the adjacent properties , and the Holy Cross Hospital . He suggested using different graphics for those institutions . Mr . Neilson agreed , thinking that would reinforce the notion of getting away from commercial and into residential . Mr . Schwab said he would work out two legends . He said most Master Plans require the existing land use and the proposed land use to be shown. 4 • • `. � ' • ' ITT'' vil: GI ToIZPOI aTI•I i ALAN HARDMAN OFFICE .OF.:,THE CITY.,COUNCIL COUNCIL MEM1/8=R. DISTRICT !4 �-' ' • l l.•CITY AND COUNTY.BUILDING 83e PARK STREET ,SALT LAKE CITY. UTAH,84111 ;' SALT LAKE CITY, UTAH 84102 • _• ; 535=7600 • .-._ • December 29, 19E8 RECEIVEf, Roger cutler JAN 03 1°H1 City Attorney City Hall, 5th Floor MAYOR'S OFFICE Salt Lake City, Utah 84111 Dear Roger: I would like to request that your office review the composition of the Historic Landmarks Board to see if the current practice is in keeping with the ordi nance. The ordinance states that members shall be selected froth the ". . . following groups of experts and interested parties as follows: 1. One member from the membership of the Utah Society, American Institute of Architects; 2. One member representing the historical societies of the city; 3. One member from the Utah Heritage Foundation; 4. No more than two members who are residents of or own prccerty in each area designated as an historic district 5. Five members I ay be citizens at large. " Currently, the Administration is interpreting this to mean that two members should be designated as representatives of each of the historic districts, but they also are recommending for appointment individuals who live inside the historic districts as the "at large" members. In addition, several of the individuals who are representing professional organizations reside in one of the historic districts. I have two questions relating to this: 1. Is it appropriate, given the wording in the ordinance, for the "at large" members to be appointed from within the historic districts, as the current practice, or should the "at large" members be appointed • from other areas of the City? 2. Is it appropriate, given the wording in the ordinance, for the • members representing professional organizations to also live within the historic districts? , It seems to me that the current membership of the Historical Landmarks Committee is not in compliance with the intent of the ordinance. However, I . would acpreciate hearing your response on both of-these questions-- .- - - I have enclosed for your information a listing of the current board members and their places of residence. If you have questions or need further information, please feel free to contact me, or you can call Cindy Gust-Jensen in the City Council Office. Thank you in advance for your review of this request. Sincerely, Alan Hardman Council Member District 4 cc: Linda Hamilton �nilie Charles • "1 ' Y AN27 1J6,Y n .• J F. � ti a (►� JAN L1fl ?,<Z(__� ., : I • , lz JI- , ` . c RCGER F. CUTLER S.'_` rEl r ` q CsITY�CORP RATI.00 T �^ ..J ASSISTANT ATTORNCTS C.^rY ATT ORNCT _ .• « � - •- ` •r :••r.rn; � RAY L. MONTGOMERY CHERYL D. LUKE -I•1l::. .LAW:DEPARTMENT y•Y==' GREG R. HAWK:NS cn-r PROSLCUTOR 324 SOUTH STATE. F1FTH FLOOR LAR RY V. SPEN CLC':E • STEVEN W. ALLRED , SALT LAKE.CITY,.UTAH 84111T,• BRUCE R. BAIRO (801)_535.7788- FRANK M. NAKAMU;A FAX (801) 53S-7 640 ASSISTANT PROS[CUTCIS DCNALD L. GEORGE CEC_LIA M. ESFEVCZA January 4, 1988 RICHARD G. HANP GLEN A. COCK Alan Hardman Council Member 324 South State, Third Floor Salt Lake City, Utah 84111 ie: Historic Landmarks Board Dear Alan: • This letter is written in response to your request of December 29 , 1988, which was assigned to me, for a legal opinion concerning certain questions you have about • • appointments to the Historic Landmarks Board. Your two questions will be answered seriatim. QUESTION 1. Is it appropriate, given the wording in the ordinance, for the "at large" members to be appointed from within the historic districts, as the current practice, or should the "at large" members be appointed from other areas of the• City? • RESPONSE. The wording in Section 21.74. 030(B) ( 5 ) which you cite is written in the permissive "may" rather than any mandatory type of language. Accordingly, there is no - requirement that the "at large" members be appointed from areas of the City outside of the historic districts . As the ordinance is currently written the issue of "at large" appointments and their residents is a matter of the political process which the City council may consider in rendering its advice and consent to appointments. QUESTION 2_ Is it appropriate, given the wording in the ordinance, for the members representing professional organizations to also live within the historic districts?':':.-:- k-)\ ..) `� 01,[T\''-*) � ^ _ Alan Hardman January 4, 1988 Page -2- • RESPONSE. In subsections ( 1) , (2) and (3) there is no limitation on the residents of the three official memberships . Again, checks on the number of representatives from each individual district is a matter of the political process. In your letter you highlighted the provisions of • subsection ( 4 ) of the ordinance. In the form that the ordinance is written the various subsections of 21. 74 .030(B ) establish different, independent, classes of membership on A` the Committee. Subsection (4) does not, therefore, serve as =� a limitation on the other subsections setting out membership classes on the committee. If you have any further questions please feel •free to \i call. Sincerely,• • _ BRUCE RL.' BAIRD • Assistant City Attorney - BRE:cc • • L • N 1111111/1 ALLEN C. JOHNSON, AICP ' 7 A) a�V�t �' �O�' ���0 PLANNING AND ZONING PLANNING DIRECTOR COMMISSION MEMBERS WILLIAM T. WRIGHT, AICP COMMUNITY AND ECONOMIC DEVELOPMENT RALPH BECKER • DEPUTY DIRECTOR PLANNING DIVISION DAN BETHEL SUPERVISOR LONG RANGE PLANNING Planning and Zoning Commission CINDY CROMER AND URBAN DESIGN THOMAS A. ELLISON SANDRA MARLER 451 SOUTH STATE STREET LAVONE LIDDLE-GAMONAL RICHARD J. HOWA SECRETARY ROOM 406, CITY AND COUNTY BUILDING RALPH P. NEILSON SALT LAKE CITY, UTAH 84111 GEORGE NICOLATUS TELEPHONE 535-7757 JOHN M. SCHUMANN September 29, 1989 Mike Zuhl, Acting Director Community and Economic Development BUILDING Dear Mike: Please find attached Petition 400-761 by R. E. Holding of Sinclair/Little America requesting Salt Lake City close Walker Place, Carson Street and an interior portion of Eardley Avenue in the south end of Downtown. Sinclair Oil owns most of the property abutting the three streets and is requesting to purchase the city property at fair market value. The petitioner desires to exchange the value of the city property for public infrastructure improvements including curb, gutter, sidewalk and landscaping on the frontage of property owned by Sinclair Oil. At their regular meeting on September 28, 1989 the Salt Lake City Planning Commission reviewed the petition, received public comment from all abutting property owners, and recommended approval of this request to the City Council. At the conclusion of their deliberations, the Planning Commission determined the following findings of fact: * a portion of Eardley Avenue is not a functional street and the adjacent land could be better utilized if the public street were closed; * Walker Place and Carson Streets serve no vital transportation function; * the closures will create more buildable parcels on Blocks 40 and 21; * the public will receive safety, liability and aesthetic benefits from the improved infrastructure; * the public will benefit from the improved appearance of the southern gateway to Downtown * the public will receive financial benefits by placing the property on the tax roles. Mr. Mike Zuhl September 29, 1989 Page 2 The Planning Coiiunission also recommends the streets be sold for fair market value which may be received in the form of completed curb, gutter, sidewalk and landscaping improvements to be installed on Blocks 39, 40, 34 or 21 as determined by the City Planning Director, City Engineer and City Traffic Enginccr. The Planning Commission recommends the City Council hold an formal hearing, which has been scheduled for Tuesday October 10, 1989 at 6:20 pm and approve this petition. The legal descriptions and mailing addresses for this hearing were forwarded at an earlier date. Respectfully. (frAllen C. Johnson AICP Planning Director ACJ:WIW attachments SALT LAKE CITY PLANNING Ca MISSION STAFF REPORT PNI'IT'ICN 400-761-89 BY R. E. HOLDING, SINCLAIR/LITTLE AMERICA OVERVIEW This is a petition by R. E. HOLDING of SINCLAIR/LITTLE AMERICA requesting Salt Lake City close Walker Place and Carson Street in Block 40 and Eardley Avenue in Block 21. BACKGROUND All three streets are surrounded by C-3 zoning except Walker Place which abuts C-4 zoning along its northern side. Eardley Avenue is not fully improved, with paving only, but is used for access to adjacent parcels only. Walker Place and Carson Street are partially improved with some curb, gutter, sidewalk, and parking meters. Walker and Carson are completely abutted by land owned by Sinclair Oil except for a small section at the end of Walker which abuts the rear of 419 South West Temple (the Brookson Building) . Although it is feasible to access the Brookson Building parking lot from Walker Place, the connection is partially blocked by broken concrete and parking stalls. The Brookson Building has full access from West Temple. "'-`^ NORrH TEMPLE ST ..[ �,_.r.., V-A�� ?k- ��\ TE,.PLE aaac 2/��A r / //k sun', r i SOUTH TEMPLE 5�r// : ,SOUS+ E_PL sT .. .,....,- - lit is, . ri r -..,_„_. , , _,1 1 ST SOUTH _ a "� isL Sou, A a-d ,. 0= •„,':,.:47" -i. 2 NO SOUTH 2H0 SOUS ifro g i 3 RO SOUTH a 3R0 ,OUT al (- :7.'9 wit ♦TH, SOUTH ST <'I SOOT �; air • • -...,I %/ Ea _ t tOH u SOW, 7 , /. I % I/�f, 6�.k [I[ kgr- 6TH . liE -'c' mu TH , :..,.., ilfro 77,apzA M E 7A/:, 7,/,..;IT FF-7-9 i Tv. BTH. SO:-,H A 411 a i rdl[:: ,''' ' "• RI �7' 9TH SOUTH ANALYSIS Disposition of property This request has been reviewed by the "one stop" review committee. Salt Lake City Transportation and Engineering Departments both approve of this request. Salt Lake City Public Utilities have indicated there are no water or sewer lines in Walker or Carson. There are no utilities in Eardley Avenue. Distribution of income from property sale Alternative A The petitioner is proposing that the value of the land be exchanged for public improvements including new curb, gutter and sidewalk, as well as landscaping on the frontage of property owned by Sinclair (see map) . The existing sidewalk, curb and gutter are in mediocre condition. Some sections of sidewalk are in acceptable condition but there are also large areas of cracked and broken sidewalk that are a hazard. Most all of the curb is in poor repair. None of the park strips are in good condition. The City should not exchange value for improvements they would be receiving during the normal course of development. The development is far enough into the future and the curb, gutter, park strips and sidewalks are in poor enough condition to justify their improvement now. Alternative B It has been proposed that a series of midblock pedestrian accesses be developed through this block. One option would be to exchange land from the sale of the streets for a pedestrian walkway or pedestrian easement through the affected blocks. The petitioners have indicated that midblock pedestrian access will be an important part of future development and they would prefer not to have a fixed public right of way through their land. Access will be provided in final development schemes. Alternative C The City owned land could be traded for land on Block 39 to accommodate the proposed courts complex. The petitioners have expressed a support for the courts complex and a desire to participate in its development, but do not wish to trade for land on Block 39. Alternative D Money from the sale of these streets could be used to construct a "Centennial Plaza" monument to establish the southern end of the business district, the way the Brigham Young Monument does to the north. The monument would most likely be developed concurrently with the development of the Little America properties and Courts complex so the use of funds for this purpose may be premature at this time. Design concerns The Urban Design Element calls for the standardization of paving patterns throughout different districts of the City. The CBD ( 400 South to South Temple ) has an adopted paving plan of brick and concrete. 400 South should eventually be developed with the brick and paving pattern, however there is no need to change the 400 South frontage at this time because the sidewalks were recently replaced and will not be affected by this street closure. The southern business district from 400 South to 900 South Strccts should also have a standard pattern. The majority of the sidewalks in the area are 5 foot with a park strip. Little America has already established a pattern of trcc planting in the park strip, which is effective for the hotel but would be too dense for most other businesses in the area. The petitioners have proposed continuation of this theme throughout their property, on a less densely planted basis. The trcc planting will set the design theme for the South Downtown streetscapes. RECO MENDATICN The staff recommends this petition be approved due to the fact that Eardley Avenue is not a functional street and the adjacent land could be better utilized if the strcct were closed. Walker Place and Carson Strccts serve no vital transportation function and their closure would create a more buildable parcel on block 40. 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N 11111111111.....II..............IIIIM r:A OF ONFRASTRUCTURE CMPRO1EMENT • SALT LAKE CITY PLANNING DIVISICN Plan Review Correction Sheet Project Date Address C_)i_QQ -o, ��i� N S� ���4(s� i1ie Reviewer Zone Classification G-3 1- <=- Code Section Violation or Plan Correction .J V - 62) JI - 1 � Requires plan correction. Requires more detailed information. _4_ Addition) permits required. j0.14-j- tAvr/C i h 'e� . - ( an s OS.IS, .St 1 •n s ✓r,r, Sr 1 o . 4o U t �I I • • r,o J boa • • ..n ' . ; .u• _ • ;I a f Mari ,„• CID • ' Q, •.'. 2 j, : • • '.: : ••••,,i I ."•- 1 Fl• • :v sz I(I m1 z vtzc, sr• ,� il Q 6 Q. 7 Q. L Q .v.w, .I T7 • n • ..,_ • z 1. oA..1. T ` A. sr eN d catty St s/. I Sr i I :en, s .. ..k. I I . i ,, • ', i f�e ? j.i Si I:: t ___ _ I i. ..____ _i� _^ r ' `t.,GGtGC __•� 1 wtco%." ---- • ' '�Y •. /+ a� i , �:.: -.woc t �• _ .,e • n r. It •+ n• -rrr , __-•a•it,__ — SALT LAKE CO. �-�'- '• ;'. ,�..:.,lommi ofw LAKE CO. •, E. S.E'/. S.E. SEC. I T.IS. RIW. "' I; ' I/E. . SEC. I T.IS. RIW. S CDQi I_, _." �.a 21 I 21 -- . • r 1 1 1. I i n,= • 1 .. . NOW no 1111s sr e {r,•s T • • - N Shifflc/a®r September 6 , 1989 Honorable Palmer DePaulis Mayor of Salt Lake City Salt Lake City, UT 84111 PETITION TO VACATE STREETS To the Mayor of Salt Lake City: The undersigned , Sinclair Oil Corporation, dba Little America Hotel, as the owner of real property abutting those streets in Salt Lake City known as Carson Street, Walker Place and Eardley Avenue, a legal description of which appears below, hereby requests pursuant to U.C.A- §10-8-8 .1 that Salt Lake City pass an ordinance vacating the streets known as Walker Place , Carson Street, and Eardley Avenue. In support of this Petition to Vacate, petitioner states that there is good cause for the vacation, and that it will not be detrimental to the general interest. The petitioner is a landowner of property bordering these streets or which may be accessed through these streets . Petitioner would like to be free to develop the property without the constraints of the existing roadways. Vacation of the streets would allow petitioner to utilize and connect its properties in the future development of this important portion of downtown Salt Lake City. Petitioner believes that development without the size constraints presently imposed by these streets would be in the general public interest . Petitioner believes it would be in the public interest to relieve the city of the burden of maintenance, repair and policing of these streets. Petitioner believes it would be in the general public interest to add this property to the city tax roles . Vacation would result in petitioner ' s obligation to pay property taxes on the area occupied by the streets . Neither Carson Street, Walker Place, nor Eardley Avenue is a main thoroughfare. None of the streets are required for the flow of traffic in Salt Lake City, or for access to any part of the city . These factors also indicate that vacation of the streets will not be detrimental to the general interest. By this petition , petitioner also signifies 550 E -^,'PLF_ • PO BOX 30825 • SALT LAKE CITY. UTAH 84130-0825 801-524-2700 Honorable Palmer DePaulis September 6, 1989 Page 2 its consent to the vacation of the streets as requested in this petition , with the intention that this consent meet the requirements of U.C .A. §10-8-8. 3. The street known as alker Pla e is located in Salt Lake County, and is descri e as follows : Beginning 221. 5 feet South from the Northeast corner of Block 40 , Plat "A" , Salt Lake City Survey; thence running West 493 feet; thence North 66 feet; thence East 493 feet ; thence South 66 feet, to the place of beginning. The street known as arson Stree is located in Salt Lake County, and is descri e o lows : Beginning 221. 5 feet South and 145 feet West of the Northeast corner of Block 40, Plat "A" , Salt Lake City Survey, on the South line of Walker Place ; thence running South 124 . 72 feet ; thence West 66 feet ; thence North 124 . 72 feet; thence East 66 feet, to the place of beginning. The street known as dley Avenu is located in Salt Lake County, and is described as ows : Beginning at the Northwest corner of Lot 3, Block 21, Plat "A" Salt Lake City Survey and running thence North 12 . 5 feet ; thence East 330 feet ; thence South 25 feet ; thence West 330 feet; thence North 12 . 5 feet, to the place of beginning. DATED this 6 day of September, 1989 . SINCLAIR OIL CORPORATION by /� Honorable Palmer DePaulis September 6 , 1989 Page 3 STATE OF UTAH ) ss . COUNTY OF SALT LAKE ) On the 6 day/4- September, .1989 , personally appeared before me -_ who acknowledged to me that he is the ,� of Sinclair Oil Corporation, the petitioner in the above Petition , and that he signed the instrument on behalf o.Li eclair Oil Co poration, and that he acted with authority /01 •ncl :lPICpxtporation. /1‘ %9`' 550 East South Temp!, 1: Salt Lake CityUtah 84in i <r r�� ., , ,r ze MY Commission Expires i `�. Septemoe 7 1991 ARY PUBLIC �_ 'e9® STATE O►�UTAH 1 Residing at SL County, Utah My Commission Exp ri es : G/�n7 9/ SALT LAKE CITY ORDINANCE No . of 1989 (Closing a portion of Walker Place, Carson Street and Eardley Avenue pursuant to Petition No . 400-761-89 ) AN ORDINANCE CLOSING A PORTION OF WALKER PLACE, CARSON STREET AND EARDLEY AVENUE, PURSUANT TO PETITION NO. 400-76-89 . WHEREAS, the City Council of Salt Lake City, Utah, finds after public hearing that the City' s interest in the public streets described below are not necessary for use by the public as streets and that closure of said streets will not be adverse to the general public ' s interest nor divest the City of title to the property without subsequent documents of transfer. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That portions of Walker Place, Carson Street and Eardley Avenue which are the subject of Petition No. 400-76- 89 and which are more particularly described below, be, and the same hereby are, CLOSED and declared no longer to be needed or available for use as public streets, with the title remaining with the City until subsequent sale for market value which may, in the City' s discretion, be paid, in whole or in part, by provision of improvements . Said streets are more particularly described as follows : Walker Place: Beginning 221 . 5 feet South from the Northeast corner of Block 40, Plat "A" , Salt Lake City Survey; thence running West 493 feet; thence North 66 feet; thence East 493 feet; thence South 66 feet, to the place of beginning. 2) Carson Street: Beginning 221 . 5 feet South and 145 feet West of the Northeast corner of Block 40, Plat "A" , Salt Lake City Survey, on the South line of Walker Place; thence running South 124 . 72 feet; thence West 66 feet; thence North 124 . 72 feet; thence East 66 feet, to the place of beginning. J) Eardley Avenue: Beginning 4 feet South of the Northeast corner of Lot 3, Block 21 , Plat "A" , Salt Lake City Survey and running thence South 25 feet; thence West 234 feet; thence North 25 feet; thence East 234 feet, to the place of beginning. SECTION 2 . RESERVATIONS AND DISCLAIMERS . The above closures are expressly made SUBJECT TO all existing rights-of-way and easements of all public utilities of any and every description now located on and under or over the confines of the property and also SUBJECT TO the rights of entry thereon for the purposes of maintaining, altering, repairing, removing or rerouting said utilities, including the City' s water and sewer facilities , and all of them. Said closures are also SUBJECT TO any existing rights-of-way or easements of private third parties . SECTION 3 . EFFECTIVE DATE . This ordinance shall become effective on the date of its first publication. -2- Passed by the City Council of Salt Lake City, Utah, this day of October, 1989 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on . Mayor' s action : Approved Vetoed. MAYOR i ATTEST: CITY RECORDER (SEAL) BILL NO. OF 19 Published: BRB:ap -3- CRAIG E. PETERSON CSAI PO 1 IIIDN1 DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 218 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 TO: Salt Lake City Council September 14, 1989 Re: Petition No. 400-722-89 submitted by Dale Smith Recommendation: That the City Council hold a non-advertised public hearing on October 10, 1989 at 6:40 p.m. to discuss Petition No. 400-722-89 submitted by Dale Smith. The petitioner is requesting Salt Lake City to vacate Coatsville Alley between 316 Coatsville and 322 Coatsville. Availability of Funds: Not applicable Discussion and Background: The appropriate City Departments have reviewed this request and have recommended approval. The two abutting property owners have signed this request, therefore, a non-advertised public hearing is allowed. Legislative Documents: The City Attorney's Office has prepared the necessary ordinance and is ready for your action. Submitted by: MI _ B. Z Acting Director Community and Economic Development lf/ SALT LAKE CITY ORDINANCE No. of 1989 (Vacating a portion of Coatsville Alley between 316 Coatsville and 322 Coatsville pursuant to Petition No. 400-722-89 ) AN ORDINANCE VACATING A PORTION OF COATSVILLE ALLEY BETWEEN 316 COATSVILLE AND 322 COATSVILLE, PURSUANT TO PETITION NO. 400-722-89 . WHEREAS , the City Council of Salt Lake City, Utah, finds after public hearing that the City' s interest in the public alley described below is not necessary for use by the public as an alley and that vacation of said alley will not be adverse to the general public' s interest. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That a portion of Coatsville Alley between 316 Coatsville and 322 Coatsville, which is the subject of Petition No. 400-722-89 and which is more particularly described below, be, and the same hereby is , vacated and declared no longer to be needed or available for use as a public alley. Said alley is more particularly described as follows : Commencing at the Northeast corner Lot 27 Block 1 Edgewood Addition, thence East 12 feet , thence South 110 . 5 feet, thence West 12 feet, thence North 110 . 5 feet to the Point of dal Beginning . SECTION 2 . RESERVATIONS AND DISCLAIMERS. The above vacation is expressly made SUBJECT TO all existing rights- of-way and easements of all public utilities of any and every description now located on and under or over the confines of the property and also SUBJECT TO the rights of entry thereon for the purposes of maintaining, altering, repairing, removing or rerouting said utilities , including the City' s water and sewer facilities , and all of them. Said vacation is also SUBJECT TO any existing rights-of-way or easements of private third parties . SECTION 3 . EFFECTIVE DATE. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . CHAIRPERSON ATTEST: (-1;-70 ? CITY RECORDER Transmitted to the Mayor on Mayor' s Action: Approved Vetoed MAYOR ATTEST: CITY RECORDER -2- SSAM 21Al Mt EO*e ,°JJ N[ ALLEN C. JOHNSON, AICP PLANNING AND ZONING PLANNING DIRECTOR COMMISSION MEMBERS W ILLIAM T. WRIGHT, AICP COMMUNITY AND ECONOMIC DEVELOPMENT RALPH BECKER DEPUTY INREC'OR PLANNING DIVISION DAN BETHEL SUPERVISOR LONG RANGE PLANNING Planning and Zoning Commission CINDY CROMER AND URBAN DESIGN THOMAS A. ELLISON SANDRA MARLER 451 SOUTH STATE STREET LAVONE LIDDLE-GAMONAL SECRETARY ROOM 406, CITY AND COUNTY BUILDING RICHARD J. HOWARALPH P. NEILSON SALT LAKE CITY, UTAH 84111 GEORGE NICOLATUS TELEPHONE 535-7757 JOHN M. SCHUMANN August 7, 1989 Mr. Craig Peterson, Director Community and Economic Development Salt Lake City Corporation 451 South State Salt Lake City, Utah 84111 PE: Petition 400-722 - Coatsville Alley Vacation Dear Craig: Attached please find Petition 400-722 submitted by Dale Smith requesting Salt Lake City to vacate an alley located between 322 Coatsville and 316 Coatsville Avenue (sec attached map) . This 12' X 110.5' alley runs north/south and is contiguous to properties located at 316 and 322 Coatsville Avenue. The abutting property owners, Dale E. Smith and Betty R. Rokes, have signed a petition supporting this alley vacation request. They contend the alley is no longer used and depreciates from the neighborhood due to lack of care and maintenance. All appropriate city departments have reviewed this petition and have provided a favorable recommendation. The alley property description is as follows: Commencing at the Northeast corner Lot 27 Block 1 Edgewood Addition, thence East 12 feet, thence South 110.5 feet, thence West 12 feet, thence North 110.5 feet to the Point of Beginning. Craig Peterson Page 2 It is our recommendation that the alley be vacated as requested and divided equally between both the abutting property owners. If Mr. Smith's intent is to obtain title to the entire alley, that should be accomplished through a conveyance from the other abutting property owner and not by action of the City. Respect lly, Allen C�/Johns n, Plannirg Dir for ACJ:GRH 1 t —51.—.I ._-_ —b-� )1,1 l? I p _._—��;. L _:p --.mac- - ., r7II 1.., .4o, j •-.713 1 k .... ml r E. 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R[D :sro- . r,, _ag, b'if 1.3:-...t*a ..........,.4.....:t64;.: •., T l]rr r (96S) brut ._k-Cir. _J_. /lNJ/.Sll! 1 1 �.. . a` ' r _ ______ _ a/•,-,_„?.<_-, --„:7; /ry, 76-9--., (a_.,/0,-p,c__ _,..e..,---:Z` ber A T c o./ „5.)e.jiy-fe.„:„,-,—i c&I.__,zaefe' __L2-.,,,c, :!..ifortie( oye:-eve:/ - ------------ / 4'/47 ' _ 7- ,. c_, , ,,.„ , _ ,.......„:(--A ,..../7„,..- - ,. _. -,-,..„,.. _ ,.„..„---z. ..(.....z., -..,?-7,-....„.7 ..„ , / ,, ..,, 7 / ___.<7.„,,,_ ,_,/,------' , ,, _ ,eizie-2-.--e- 7 . 7...,- ---..r--.-,--,-- .-.. --- a, __---/C ,......e.._. 6.-- -2.,......,v,e ,,,--ene'..--e -- , .. — 7, ._... ,..- _..._ , --_____.--; ,„. ..-2-,-.-----:_. .,..----e-v-- _ _ ',....v--c--7-er..--i--- 7 .....---i---.;--#:.,e.i.._ d3,..,,c,--7_2,,,,,,,e,r,c7, ----<e— .„...--A- L.--,3-2-',..-rer.,-,i/-<"— -- - 7 .. i-�' '- Z- - fi.•.'-:‘,74. : , _ . ,-_fit r, fit C!�-..% 4 re-._ --",.-r.&.c-.e— it-----..e____r -- "'‘(7;- ./ y 0 p 61X STAFF RECOMMENDATION BUSINESS LICENSE FEE EXEMPTION October h, 1989 STAFF RECOM ENDATION: LEE KING ACTION REQUESTED OF COUNCIL: AMEND Section 5.04.070, Salt Lake City Code relating to the exemption from the payment of a portion of business license fees. BACKGROUND INFORMATION: The present ordinance allows for an exemption of $25 for a business whose gross sales of goods and services for a calendar year are less than $20,000. The procedures used are a cumbersome and time consuming process for the $25 exemption. STAFF ANALYSIS: The proposed changes to the ordinance will make Salt Lake City's process consistent with procedures used in surrounding licensing entities. The changes from current procedures are: 1. Changes gross sales from $20,000 to $10,000. There is no way to evaluate the impact on businesses between the $10,000 and $20,000 range as the current process does not require the business to specifically state their gross sales. The only requirement is an affidavit that gross sales were less than $20,000. Last year the City processed 540 applications for exemption. Other licensing entities have reported that requests for exemptions dropped by 75% when they changed the exemption eligibility amount from $20,000 to $10,000. The fiscal impact would be negligible as last year's cost was $13,500 (540 x $25). Because it is likely fewer businesses will qualify under the proposed ordinance, the cost to the City for the program may be less next year. 2. Adds a stipulation that the licensing supervisor may require the applicant to submit. a federal income t.ax return and/or a state sales t.ax return as proof of gross sales. New businesses are not be eligible for the exemption for one year because both the old and new ordinance use gross sales from the preceding calendar year as the benchmark for approval. RECOMMENDED ACTION: Close hearing and adopt. RECOMMENDED M0rION: I move that we close the public hearing. I move that we amend subsection B of section 5.04.070, Salt. Lake C i ty Code, relating to exemptions from the payment of a portion of business license fees. ANI'ICIPATED OPPOSITION: Businesses with gross sales between $10,000 and $20,000 that currently are exempted who will loose the exemption under this amendment. No opposition has been expressed so far. CRAIG E. PETERSON SARI�A „�. MY(CORM°,• � I0N DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 218 SALT LAKE CITY, UTAH 84111 TO: Salt Lake City Council TELEPHONE 535-7777 September 15, 1989 Re: Business License Fee Exemption Reconullendation: That the City Council hold a public hearing on October 10, 1989 at 6:50 p.m. to discuss a proposed amendment to Section 5.04.070, Salt Lake City Code relating to the exemption from the payment of a portion of business license fees. Availability of Funds: Not applicable Discussion and Background: The present ordinance allows for an exemption of $25.00 for a business whose gross sales of good and services for the preceding calendar year were less than $20,000. The procedure we currently use is very cumbersome and time consuming sometimes requiring a 9 step process for the $25.00 exemption. We have contacted other licensing entities and have found that Salt Lake County and West Valley City are using $10,000 in gross sales for exemption and the County requires their applicants to produce a federal income tax return and/or state sales tax return for those years relevant to the exemption request. This requirement has reduced 75% of the request for an exemption refund. Legislative Documents: The City Attorney's Office has prepared the necessary ordinance and is ready for your action. Submitted by: /93 ICHAEL B. Z Acting Director Comunity and Economic Development SALT �.B GITY CORPORATION ROBERT M. BRIDGE ALL-N C. JOHNSON AICP BUSINESS LICENSE SUPERVISOR PLAN CTOP BRENT B ECTOP COMMUNITY AND ECONOMIC DEVELOPMENT WILDE.� o,REc1oP PLANNING DIVISION SUFEV67R PERWLS 4ND Business Licensing Z_hIrJG SEPNCES 451 SOUTH STATE STREET ROOM 215, CITY AND COUNTY BUILDING SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7717 MEMORANDUM To: Mike Zuhl Acting Director Collullunity & Economic Development From: Allen Johnson, AICP Director - Planning Dili n Date: September 11, 1989 Subject: BUSINESS LICENSE FEE EXEMPTION We are requesting an amendment to Ordinance Subsection "B" of Section 5.04.070, Salt Lake City Code relating to the exemption from the payment of a portion of business license fees. The present ordinance allows for an exemption of $25 for a business whose gross sales of goods and services for the preceding calendar year were less than $20,000. The procedure we are following at present is very cumbersome, time consuming, and inefficient, in that it requires us to go through the following process scenario: (1) We get a call requesting an affidavit for exemption. (2) We mail out the exemption affidavit (3) We receive the affidavit in return mai] (if not properly notarized, we return affidavit to applicant) . (4) We type a "Request for Exemption" ($25 refund) in triplicate. (5) Business License Supervisor reviews and signs request authorizing refund. (6) Original signed request sent to finance department for typing and issuance of a refund check. Page -2- Memo to: Mike Zuhl September 11, 1989 (7) Other copies of exemption request are filed in business license file and a control journal. (8) We answer many phone calls from the exemption applicants asking where their refund checks are and when they were sent. (9) This phone call initiates another search of records and contact with the finance department for a status update. To say the least, this is a very expensive and time consuming process. The treasurer's department personnel estimated it costs approximately $40 in time and effort to give a $25 refund. We have contacted other licensing entities for input into this problem and have found that both Salt Lake County and West Valley City are using $10,000 in gross sales for exemption and the County requires their applicants for exemption to produce a federal income tax return and/or state sales tax return for those years relevant to the exemption request. Their Business License Supervisor, Nate Brown, informs us that this requirement reduced 75% of the requests for an exemption refund. We are, therefore, requesting the adoption of the amended ordinance to reduce cost, increase efficiency, and come into conformity with other political subdivisions. DRAFT SALT LAKE CITY ORDINANCE No. of 1989 ( Business Licence Fee Exemptions ) AN ORDINANCE AMENDING SUBSECTION B OF SECTION 5. 04.070, SALT LAKE CITY CODE, RELATING TO EXEMPTIONS FROM THE PAYMENT OF A PORTION OF BUSINESS LICENSE FEES. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That subsection B of section 5.04.070, Salt Lake City Code, be, and the same hereby is, amended to read as follows: B. Exceptions, Maximum Fee and New Businesses. The foregoing notwithstanding, any such person taxed in subsection A above: 1 . May receive an exemption of twenty-five dollars, annually, upon submitting an affidavit that the gross sales of goods and/or services for the preceding calendar year were less than [twenty]ten thousand dollars at such place of business[;] . The license supervisor may, in addition to the affidavit, require an applicant claiming such an exemption to produce for inspection federal income tax returns and/or state sales tax returns for those years that are relevant to the exemption request; 2 . *** 3 . *** SECTION 2 . This ordinance shall take effect upon its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor ' s action: Approved Vetoed. MAYOR ATTEST: CITY RECORDER ( SEAL) Bill No. OF 1989 . Published: LVS:rc -2- SALT LAKE CITY ORDINANCE No. of 1989 (Business Licence Fee Exemptions ) AN ORDINANCE AMENDING SUBSECTION B OF SECTION 5 . 04 . 070, SALT LAKE CITY CODE, RELATING TO EXEMPTIONS FROM THE PAYMENT OF A PORTION OF BUSINESS LICENSE FEES. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That subsection B of section 5. 04. 070, Salt Lake City Code, be, and the same hereby is, amended to read as follows: B. Exceptions, Maximum Fee and New Businesses. The foregoing notwithstanding, any such person taxed in subsection A above: 1 . May receive an exemption of twenty-five dollars, annually, upon submitting an affidavit that the gross sales of goods and/or services for the preceding calendar year were less than ten thousand dollars at such place of business . The license supervisor may, in addition to the affidavit, require an applicant claiming such an exemption to produce for inspection federal income tax returns and/or state sales tax returns for those years that are relevant to the exemption request; 2 . *** 3. *** SECTION 2 . This ordinance shall take effect upon its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor ' s action: Approved Vetoed. MAYOR ATTEST : CITY RECORDER ( SEAL) Bill No. OF 1989 . Published: LVS: rc -2-