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10/03/1989 - Minutes
PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CI, 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 OUNCIL MINUTES TOBER 3 , 1989 DATE EVENT LOCATION/DETAILS RSVP? YES/NO "9/30'.=-.. UbOT'US 40 Near_ Summit of not require - Dedcation new US 40 2. 5 miles north of Midway Jct. 12:00 noon 1.014__.,.•W___ S_L Comm College Open House not requested Aviation Training Facility 10:00 am - 3 pm refreshments 1074""" " Red—Cross -T� Gov:s Mansion_, yes Honor Volunteers 2-4 pm Mary Lou 467-7339 `l0/4---- Retired Senior - Salt Palace - RK,TG ._-Volunteer- Program -3:OO•p.m: yes/by 9/29 Banquet Second Level 468-2490 $3. 50 1-0/5— Downt.owrrr Property-Marriott_7:15 a.m. ' --------O ner`s-breakfa.st to discuss 'public uses of property '10/7�� ^~ ITart.in F'ndat.io_n 'Little America.., not requested RK _ Annual Grand Ballroom donation request Extravaganza 5: 30 - 8:30 • Cocktail Dress Coat/Tie Re"q"d invite admits 2 10/11-._'— Cathedral ofthe 331 E. S. Temiale' yes Madeleine 6-g pri . ._ written Restoration • Inauguration Reception light buffet 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 TG,RK,AH 6: 30 p.m. Valerie 485-2321 NEVI LISTINGS SINCE LAST PRINT-OUT_ARE_HIGHLIGHTED — 89-272-A PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CI, 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 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CITg, 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 PROCEPINGS OF THE CITY COUNCIL OF SALT LAKE CIO, 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 PROCEOPINGS OF THE CITY COUNCIL OF SALT LAKE CI , 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-? f2 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 PROCAPINGS OF THE CITY COUNCIL OF SALT LAKE CI , 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 CO IL CHAIR #1. Re: An ordinance amend- ing Title 9 relating to cost recovery for hazardous materials emergencies. C T RE40i- D E 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 I SALT LAKE CITY COUNCIL AGENDA . (�,.�,e- '7`"'i CITY COUNCIL CHAMBER ROOM 315, CITY AND COUNTY BUILDING 451 SOUTH STATE STREET Tuesday, October 3, 1989 6:00 p.m. A. BRIEFING SESSION:_ 5:00 - 5: 55 p.m. , Room 325 City and County Building, 451 South S tate. 1. Report of the Executive Director. B. OPENING CEREMONIES: 1. Invocation. 2. Pledge of Allegiance. 3. Approval of the Minutes. 4. The City Council and Mayor will present a Resolution to the Utah Wing Cadet. Drill Team of the Civil Air Patrol. ' eOd 5. The City Council and Mayor will receive a Public Safety Award from the AAA Auto Club. WQlt v(��jl �• m. �� T)o55)bLt C. COMMENTS: 1. Questions to the Mayor from the City Council. 2. Citizen Comments to the Council. D. CONSENT: 1. Petition No. 400-720 submitted by_Kevin Koncar - Set date to hold a public hearing on November 7th at 6:40 p.m. to obtain public comment. regarding Petition No. 400-720 submitted by Kevin Koncar requesting the property located at 2613 East 2325 South be rezoned from a "R-2" to a "B-3" classification. (P 89-351) Staff recommendation: Set date. 2. Petition No. 400-719 submitted by Lester Johnson Set date to hold a public hearing on November 7th at 6:50 p.m. to obtain public comment. regarding Petition No. 400-719 submitted by Lester Johnson requesting an amendment to the Bambrough Place P.U.D. Subdivision to allow one of six duplex buildings to be located five feet nearer the street. (P 89-350) Staff recommendation: Set date. 3. Petition No. 400-722 submitted by_Dale Smith Set date to hold a non-advertised public hearing on October 10th at 6: 40 p.m. to obtain public comment regarding Petition No. 400-722 submitted by Dale Smith requesting Coatsville Alley between 316 Coatsville and 322 Coatsville be vacated. (P 89-349) Staff recommendation: Set date. 4. Petition No._ 400-713 submi t.ted by yy_nn Johnson of the Johnson_Land Company Set date to hold a public hearing on November 7th at 6: 20 p.m. to obtain public comment. regarding Petition No, 400-713 submitted by Wynn Johnson of the Johnson Land Company requesting an amendment to the Per.ry's Hollow #1 Subdivision to allow an access road through the existing Lot #3. (P 89-348) Staff recommendation: Set date. 5. Petition No. 400-569-OKOA Annexation submitted by William D. Holyoak Set date to hold a public hearing on November 7th at 6: 30 p.m. to obtain public comment regarding Petition No. 400-569-OKOA Annexation submitted by William D. Holyoak requesting the property located on the northeast corner of 3300 South and 1100 East be annexed into Salt Lake City for the purpose of developing new commercial retail uses. (P 89-347) Staff recommendation: Set date. 6. Board of Appeals and Examiners Appointment Consider approving the appointment of Theophile J. Syms to the Board of Appeals and Examiners. ( I 89-13) Staff recommendation: Approve. 7. Community Development. Advisor Committee Appointment Consider approving the appointment of Glenda Armour to the Community Development. Advisory Committee. ( I 89-2) • Staff recommendation: Approve. 8. Tracy Aviary Board Appointment Consider approving the appointment of Karel Doop McDonough to the Tracy Aviary Board. (I 89-16) Staff recommendation: Approve. 9. Planning and Zoning Commission Appointment Consider approving the appointment. of Victoria Palacios to the Planning and Zoning Commission. ( I 89-5 ) Staff recommendation: Approve. 10. Interlocal Cooperation Agreement. - Utah State Bureau of Criminal Identific_ation Consider adopting a resolution authorizing the execution of an Interlocal Cooperation Agreement. between Salt Lake City and the Utah State Bureau of Criminal Identification for computer access to the State's criminal identification and information files. (C 89-558) Staff recommendation: Adopt. 11. Interlocal Cooperation Agreement - U.S. Department of Treasury, U.S. Customs Services ------ - -- - - ------- ----- ---- Consider, adopting a resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City and the United States Department of Treasury, U. S. Customs Service allowing the Department of Treasury, U. S. Customs Service to use the City's International Airport firing range. (C 89-557) Staff recommendation: Adopt. E. NEW COUNCIL BUSINESS: 1. Ordinance amend my Title 9 dealing with cost recovery for hazardous materials timer envies T �- Consider adopting an ordinance regarding amending Title 9 relating to cost recovery for hazardous materials emergencies. (0 89-40) Staff recommendation: Refer to Committee of the Whole. 2. Ordinance_amending Section 21.04. 275 Regulating Home Businesses Set date to hold a public hearing on November 14th at 6: 30 p.m. to obtain public comment concerning and consider adopting an Ordinance regarding amending Section 21. 04. 275 regulating home businesses. (0 89-39) Staff recommendation: Set date and refer to Committee of the Whole. 3. Ordinance Amending Section 5.04.070 relating to business license fee Set date to hold a public hearing on October 10th at 6:50 p.m. to obtain public comment concerning and consider adopting an Ordinance regarding amending Section 5.04. 070 relating to the exemption from payment of a portion of business license fees. (0 89-38) Staff recommendation: Set date and refer to Committee of the Whole. F. UNFINISHED COUNCIL BUSINESS: 1. None. G. PUBLIC HEARINGS: 1. None. H. ADJOURNMENT ** FINAL ACTION MAY BE TAKEN AND/OR ORDINANCES ADOPTED CONCERNING ANY ITEM ON ThIS AGENDA DATED: BY: `�i�!'/ .---- C TY RECi•PER STATE OF UTAH COUNTY OF SALT LAKE ) ss. On the 29th day of September, 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. ECOR Subscribed and sworn to before me this 29th day of September, 1989. tar Public residing in the Sta ' of Utah My Commission Expires: d� -g Pubile S , LYNDAryD0M_NO �I ,C`,�.►�� "ayC°�"'aa,f °ni9EEV** 1 `a =lifiUrah APPROVAL: EXECU1 DIRE TOR DATE EVENT LOCATION/DETAILS RSVP? YES/NO 9/30 UDOT US 40 Near Summit of not required Dedication new US 40 2. 5 miles north of Midway Jct. 12:00 noon flr0/4 SL Comm College Open House not. requested Aviation Training Facility 10:00 am - 3 pm refreshments Red Cross Gov's Mansion yes Honor Volunteers 2-4 pm Mary Lou 467-7339 10/4 Retired Senior Salt. Palace 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 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 10/11 Cathedral of the 331 E. S. Temple yes Madeleine 6-8 pm written Restoration Inauguration Reception light buffet 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 TG,RK,AH 6: 30 p.m. Valerie 485-2321 NEW LISTINGS SINCE LAST PRINT-OUT ARE HIGHLIGHTED PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 19, 1989 The City Council of Salt Lake City, Utah, met as the Committee of the Whole on Tuesday, September 19, 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. The Council Members inter- Councilmember Hardman raised viewed two board appointee candi- a question regarding the carry- dates. Karel Doop McDonough said over of CDBG funds from one budget that her twenty-two years of year to the next. He requested residency in Salt Lake City, her that this be evaluated separately familiarity with City functions to justify and reallocate funds to and her desire to continue public other programs if necessary. Ms. service were cause for her inter- Gust-Jenson said the Council staff est to serve on the Tracy Aviary had spoken to Capital Planning Board. about this. Victoria Palacios, being Councilmember Bittner remind- considered for the Planning and ed the Council that the Redevelop- Zoning Commission, indicated that ment Agency hearing scheduled for her interest in community service 6:30 was to hear and gather infor- and the operations of the City mation and was not advertised as a were her reasons to seek this policy making hearing. appointment. Councilmembers Horrocks and Bittner mentioned The briefing session was that serving on this board re- concluded in preparation for the quired a lot of time and urged her convening of the regular City to be certain she could make this Council meeting. commitment. Ms. Palacios assured them that the time involvement was not an issue for her. Cindy Gust-Jenson, Council Executive Director, reviewed the Council' s agenda for the evening, noting certain items, and reviewed the Council ' s calendar of events and invitations. She said if the Council had any questions regarding the budget item, to talk with her or one of the staff members at the break so they could provide complete infor- mation. 89-266 PROCEEDINGS JF THE CITY COUNCIL OF SAL1 LAKE CITY, UTAH TUESDAY, SEPTEMBER 19, 1989 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, September 19, 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, Kathryn Marshall, City Recorder, and Lynda Domino, Chief Deputy City Recorder, were present. Council Chair Stoler presided at and conducted the meeting. OPENING CEREMONIES and was sending children to the U.S.S.R. who saw only what the #1. There was no invocation. government wanted them to see. She also expressed her opinion #2. The Council led the that the sister city resolution Pledge of Allegiance. was not "people to people" but "government to government" . She #3. Councilmember Godfrey asked the Council not to jump on moved and Councilmember Hardman the "Glasnost bandwagon" and said seconded to approve the minutes of she thought the Soviets would be the Salt Lake City Council for the sincere when they let their people regular meeting held Tuesday, travel freely around and let September 12, 1989, which motion people out of concentration camps. carried, all members voted aye. (M 89-1 ) The following people con- curred with Ms. Slighting' s com- COMMENTS ments: Vicki Slighting, 2725 Hart- Shirley Rickkett, 3353 So. ford Street, spoke in opposition Main to Salt Lake City' s sister city Mary Lindsey, 3625 MacIntosh resolution with Chernovtsy, Lane U.S.S.R. She expressed her con- Joy Wyatt, 683 E. Garden cern about communism, Soviet Avenue motives and Soviet past political Will Brown, 3380 So. 2175 practices in other countries such East as Afghanistan. She expressed her Nathan Koontz, 2523 Well- opinion that the illusion of ington Street change in the U.S.S.R. was a ploy Gary Slaybaugh, 3520 Alva to loosen the purse strings of the Circle United States and to increase the Adrian Slighting, 2725 Hart- infusion of technology from the ford Street West. Mayor DePaulis explained that She was concerned that Ameri- the resolution with Chernovtsy ca was embracing the Soviet image basically agreed to facilitate the 89-267 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 19, 1989 exchange of students, tour groups, to Petition No. 400-761 by Sin- and university professors, which clair/Little America, R.E. Hold- would be similar to what Salt Lake ing. City did with its other sister (P 89-319 ) city programs. He said the reso- lution was signed in June of this #2. RE: Adopting Resolution year and it finalized the exchange 109 of 1989 authorizing the execu- program under the sister city tion of an interlocal cooperation rules of Sister Cities Interna- agreement between Salt Lake City tional. and Salt Lake County for the installation of Watermain Exten- He said the purpose of enter- sion 33-C-1314 located at approxi- ing into the relationship was not mately Warr Road, Wasatch Soule- for political or ideological yard to 3616 East, and Cascade reasons, or national policy mak- Way, 2900 South to 2945 South. ing. He said these agreements were (C 89-504) for friendship relationships be- tween cities and to exchange dele- #3. RE: Adopting Resolution gations and visit each other' s 110 of 1989 authorizing the execu- cities which may lead to economic tion of an interlocal cooperation development opportunities between agreement between Salt Lake City the cities. He said these were and the Utah Department of Trans- not treaties or any other type of portation for street sweeping, alliance but were entered into to from July 1, 1989 to June 30, promote understanding, friendship 1990, with all work inspected by and peace in the world among the Utah State Department of people everywhere. Transportation. (C 89-505) Mayor DePaulis said he had no intention of cancelling the agree- #4. RE: Adopting Resolution ment and said he thought it would 111 of 1989 authorizing the execu- serve community interests. He tion of an interlocal cooperation mentioned that there were many agreement between Salt Lake City people who favored expanding and the Board of Education provid- friendship ties with people every- ing for the services of a full- where. time police officer for Northwest and Glendale Intermediate schools. CONSENT AGENDA (C 89-506) Councilmember Godfrey moved NEW COUNCIL BUSINESS and Councilmember Kirk seconded to approve the consent agenda, #1. RE: Convening as the which motion carried, all members Board of Canvassers and adopting a voted aye. motion authorizing the City Re- corder to prepare an abstract of #1. RE: Setting a date for a the votes cast in the primary public hearing to be held Tuesday, election to be held October 3, October 10, 1989, at 6:30 p.m. to 1989, for Councilmembers of Dis- obtain public comment concerning, tricts 1, 3, 5 and 7, and recess and consider adopting, an ordi- the Board until the abstract is nance regarding closing Walker complete. Place, Carson Street in Block 40 and Eardley Avenue in Block 21, ACTION: Councilmember Salt Lake City Survey, pursuant Godfrey moved and Councilmember 89-268 PROCEEDINGS OF THE CITY COUNCIL OF SALZ LAKE CITY, UTAH TUESDAY, SEPTEMBER 19, 1989 Kirk seconded to adjourn as the Godfrey moved and Councilmember City Council, which motion car- Kirk seconded to adopt Resolution ried, all members voted aye. 107 of 1989, which motion car- ried, all members voted aye. Councilmember Godfrey moved and Councilmember Kirk seconded to DISCUSSION: Richard Scott, convene with the Mayor as the Chapman and Cutler, bond counsel, Board of Canvassers, which motion said the bonds were issued in 1987 carried, all members voted aye. by the city on a variable rate basis. He said Delta Airlines z Councilmember Kirk moved and asked to have them converted to a Councilmember Godfrey seconded to fixed rate, which has been set at authorize the City Recorder to 7.90%. He said the resolution prepare an abstract of the votes would permit the execution of a cast in the primary election to be supplemental trust indenture to held October 3, 1989, for Council- take care of certain matters in members of Districts 1 , 3, 5 and connection with fixing the rate. 7, which motion carried, all (Q 87-5) members voted aye. #2. RE: Consider adopting Councilmember Godfrey moved a resolution authorizing the and Councilmember Kirk seconded to issuance and sale of not more than recess as the Board of Canvassers $22, 750,000 aggregate principal until the abstract is complete, amount of Airport Revenue Refund- which motion carried, all members ing Bonds of Salt Lake City; voted aye. authorizing such bonds to be issued in one or more series for Councilmember Godfrey moved delivery in 1993 to the initial and Councilmember Kirk seconded purchases thereof; fixing the reconvene as the City Council, maximum aggregate principal amount which motion carried, all members of such bonds, the maximum number voted aye. of years over which such bonds may (U 89-1) mature, the maximum interest rate that such bonds may bear and the UNFINISHED COUNCIL BUSINESS maximum discount from par at which such bonds may be sold; providing #1. RE: Consider adopting a for the publication of a notice of resolution authorizing the execu- bonds to be issued; providing for tion of a first supplemental trust the running of a contest period; indenture between the City and and related matters. Zions First National Bank, an addendum to the purchase contract ACTION: Councilmember Kirk between Delta Air Lines, Inc. , and moved and Councilmember Godfrey Smith Barney, Harris Upham & Co. seconded to adopt Resolution 108 Incorporated, and a remarketing of 1989, which motion carried, all memorandum in connection with the members voted aye except conversion to a fixed interest Councilmember Fonnesbeck who was rate of the $22, 000, 000, Salt Lake absent for the vote. City Weekly Adjustable/Fixed Rate Airport Facilities Revenue Bonds, DISCUSSION: Richard Scott, Series 1987 (Delta Air Lines, Inc. Chapman and Cutler, bond counsel, Project) and related matters. said the proposed resolution would permit the publication of a notice ACTION: Councilmember of bonds to be issued which would 89-269 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 19, 1989 begin the 30-day contest period so cussed in an October Committee of refunding could be closed in 30 to the Whole meeting, after staff has 45 days. reviewed this with the administra- tion in more detail, which motion David Brownstein, Erlich carried, all members voted aye. Bober, said the purpose of this issue was to take advantage of DISCUSSION: Steve Fawcett, current interest rates. He said finance office, said the amendment the tax reform act of 1986 prohib- packet was distributed to the ited the airport from refunding Council and had been available for outstanding revenue bonds but a public inspection in the Recor- new technique would provide for der' s Office for the past week. refunding to occur in 1993 when He said he would entertain any the bonds are callable and would questions from the Council. lock in today' s interest rates. He said the bottom- line savings Councilmember Hardman re- to the airport over the life of ferred to the amendment item which the issue would be $9 million moved funds for the City and while present valued savings to County Building debt service. He 1993 was just under $2 million. He asked what the remaining general said because of the types of fund balance would be in the CIP. savings available today, it would be appropriate to lock in the Mr. Fawcett said moving the savings as opposed to risking City and County Building funds was where the market would be in 1993. more of an accounting technical- (Q 89-5) ity. He explained that they had a debt service fund but chose to put PUBLIC HEARING the debt service amount in the CIP fund since the City and County #1. RE: A public hearing at Building was a capital improvement 6: 20 p.m. to obtain comment con- project. In order to satisfy cerning, and consider adopting, an accounting regulations for report- ordinance regarding Budget Amend- ing purposes, he said they would ment No. 2. then transfer the funds to a debt service fund in order to pay the ACTION: Councilmember debt, as opposed to paying the Godfrey moved and Councilmember debt directly out of the CIP fund. Kirk seconded to close the pub- He said $4. 9 million was the lic hearing, which motion carried, original general fund contribution all members voted aye. and $2. 6 million related to the debt service fund was the general Councilmember Hardman moved fund' s share. and Councilmember Kirk seconded to adopt Ordinance 62 of 1989 amend- Councilmember Hardman said if ing Ordinance 36 of 1989 adopting they moved $3. 5 million from CIP the budget of Salt Lake City for to debt service they would be fiscal year 1989-90 beginning July starting next year' s budget pro- 1, 1989, and ending June 30, 1990, cess with a reduced CIP. Mr. as proposed with the exception of Fawcett said last year the general the CDBG carryover funds related fund' s share of the debt service to the City's administration of for the City and County Building the program in the amount of was programmed into the CIP bud- $143, 649.33; and that the adminis- get, and would be programmed in trative carryover funds be dis- the CIP budget next year. He said 89-270 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 19, 1989 what they were doing was to take funds from the general fund and transfer them to the CIP in order to identify the City and County Building as a CIP project. And then in order to satisfy account- ing regulations, they would trans- fer funds from the CIP fund to the debt service fund. He said the CIP fund would remain at its present level and next year they would still have approximately $5 million from the general fund, at which time they would have an additional debt service payment to which the general fund was con- tributing. He said they were not diluting the CIP fund next year as opposed to the amount in the present year and said this amount would remain constant according to the bond agreement. Councilmember Hardman asked if at some point the CIP budget would be reduced by $3. 5 million. Mr. Fawcett said essentially the money would appear in three places in the budget: It would occur in the general fund as an appropriat- ed transfer which then would go to the CIP fund and then to the debt service fund. So the $3. 5 million would continue to show in the CIP budget. No one from the public ad- dressed this issue. (B 89-5) The meeting adjourned at 6: 50 p.m. COUNCIL CHAIR CITY RECORDER 89-271 WinL _� GITVO I PO ION OFFICE ,OF ,TNE: CITY;;COUNCIL 4E ,iii,SULTE300,-CITY'.HALL , (, 324:SOUTH:STATE STREET SALT�kAKE7C,1rti UTAHf$4'411 September 29, 1989 MEMORANDUM TO: COUNCIL��MEM3ERS FROM: C INDY( Ld"( RE: SUNNYSIDE As I 've mentioned to each of you, the Sunnyside Recreation Center group has been able to raise an additional $200,000 from the Steiner Corporation and is requesting the Council match this with $100,000, in keeping with the informal agreement made at the September 7 Committee of the Whole meeting. We had thought you may be encouraged to consider this on Tuesday's agenda, but it now looks like additional information is needed and the discussion could more appropriately be scheduled for your Tht-lrsday,_October 5 Committee of the Whole meeting. The reason you are being asked to consider this quickly is that the community group is very interested in seeing the facility open next spring. In fact, the Steiner Corporation has made its additional $200, 000 contribution contingent on the project moving forward this construction season. The group indicates that if they can start construction right away, they can likely open as planned next spring and have the advantage of a full season of operating revenue. Lee will make every effort to anticipate your questions and include them in the staff report. If you have specific things in mind and you would like Lee to begin researching them now, please let him or me know. As part of the staff report, he will identify for your consideration alternatives for where the $100, 000 could come. At this time we have not received an official recommendation from the Mayor's office, but we hope to receive it in the next few days. THE SALT LAKE RECREATION CENTER, INC. A 5O1(c)3 TAX-EXEMPT CORPORATION September 27, 1989 The Honorable Palmer DePaulis 5EP 2 71989 Mayor, Salt Lake City City and County Building 324 South State Street ,.�' LAt:�� CITY COMM_ Salt Lake City, UT 84111 Dear Palmer: It is with great enthusiasm that I report to you the commitment of an addition $200,000 from the Salt Lake City-based Steiner Corporation to the first phase of the Salt Lake Recreation Center, The Steiner Aquatic Center. The Steiner Corporation is anxious to see construction begin immediately to enable the public to enjoy the indoor/outdoor swimming facility next summer. In fact, their additional $200,000 commitment, which brings their total to $800,000, is contingent upon construction beginning this fall. The understanding of monies committed to the project, prior to this additional donation, was enumerated by the Steiner Corp. as follows: Salt Lake City $770,000 Salt Lake City School District 700,000 Steiner Corporation 600,000 Eccles Foundation 105,000 Total $2,175,000 The Steiner Corp. anticipates that its additional $200,000 commitment would be matched by a City added $100,000 as informally agreed by the City Council in their September 7th meeting. The Steiner Corp. also anticipates, as was speculated by the City staff, that up to $100,000 could be cut from the low bid without affecting the project's viability. The Steiner Corp. calculates total funds available now at $2,475,000. These funds coupled with the above mentioned cut, in the Corporation's view would effectively enable project construction to begin. Would you be willing to request of the City Council that they accept the low bid and authorize construction to proceed? Sincerely, /c-h-r Kimball L. Young President 2049 HERBERT AVENUE, SALT LAKE CITY, UTAH 84108 • R oIut Fes+ r: ,t; A JOINT RESOLUTION OF THE CITY COUNCIL AND MAYOR OF SALT LAKE CITY, UTAH WHEREAS, The Utah Wing Cadet Drill Team of the Civil Air Patrol recently won the Rocky Mountain Region Drill Competition; and WHEREAS, The five young women and eleven young men ages 15-18, showed outstanding skills, hardwork and determination in defeating the cadet drill team from Montana; and • WHEREAS, Each member of the Utah Wing Cadet Drill Team studied aviation and rescue subjects extensively, spent many hours in physical training and drilled many hours together as a team; and WHEREAS, The hard work paid off enabling the team to win four out of five of the competition events, including the standard drill , the innovative drill , the physical competition and the aviation knowledge test; and WHEREAS, The team scored the RockyMountain Region' s highest score ever on the aviation f 9 9 .{, knowledge test; and WHEREAS, By virtue of the team's victory, they have been invited to compete in the �- National Cadet Competition to be held on December 26, at Maxwell Air Force Base in Alabama. t NOW, THEREFORE BE IT RESOLVED by the City Council and Mayor of Salt Lake City, Utah, that we do hereby praise and heartily congratulate the Utah Wing Cadet Drill Team for its achievement in winning the Rocky Mountain Region Drill Competition. • DATED this 3rd day of October, 1989. r Palmer A. DePaulis, Mayor W. M. "Willie" Stoler, Cnair Florence B. Bittner L. Wayne Horrocks Sydney R. Fonnesbeck Alan G. Hardman Tom Godfrey Roselyn N. Kirk SA IT' a GZTY�GORPo ° • I N 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 8, 1989 RE: Petition No. 400-720 submitted by Kevin Koncar fr)Vt»,bw 7 Recommendation: That the City Council hold a public hearing on Geteber- , 1989 at 6:Y0 p.m. to discuss Petition No. 400-720 submitted by Kevin Koncar. The petitioner is requesting that Salt Lake City to rezone property located at 2613 East 2325 South Street from Residential "R-2" to a Business "B-3" classification to facilitate an existing day care facility. Availability of Funds: Not applicable Discussion and Background: The Planning Coilutission has reviewed this request and has recommended approval of the zoning change. The rezoning will simplify the zoning boundary line betwcon the LDS Church and the business center. This rezoning will also nullify a ten foot landscaped buffer variance. Legislative Documents: The City Attorney's Office has prepared and approved the necessary ordinance and is ready for your action. Submitted by: M CHAEL B. Z Acting Director Community and Economic Development lf/ SALT LAKE CITY ORDINANCE No . of 1989 (Rezoning property located at 2613 East 2325 South from Residential "R-2" to Business "B-3" pursuant to Petition No. 400-720-89 AN ORDINANCE AMENDING SECTION 21 . 14 . 020 OF THE SALT LAKE CITY CODE RELATING TO ZONING AND FIXING OF BOUNDARIES OF USE DISTRICTS . WHEREAS, in response to the rezoning petition initiated by Kevin Koncar, No . 400-720-89, the City Council of Salt Lake City, Utah, has held public hearings before its own body and before the Planning Commission, and has taken into consideration citizen testimony, filing and demographic details of the area and the Master Plan as part of its deliberation. Pursuant to these deliberations, the Council has concluded that the proposed change of zoning for the property located at 2613 East 2325 South from Residential "R-2" to Business "B-3" is appropriate for the development of the community in that area; THEREFORE, The City Council of Salt Lake City, Utah, hereby adopts the following amendments to the Use District provisions of Title 21 . Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That the Use District Map, as adopted by Section 21 . 14 . 020 of the Salt Lake City Code, relating to the fixing of boundaries of Use Districts, be, and the same hereby is AMENDED to read as follows : Sec. 21 . 14.020 . Boundaries of Districts - Use District Map Adopted. That the following-described parcel of real property in Salt Lake City, Utah, presently zoned Residential "R-2" is hereby rezoned Business "B-3" and the Use District Map is amended accordingly: Beginning at the Southwest corner of Lot 17 , Laurel Subdivision, as recorded with the office of the Salt Lake County Recorder; said subdivision being located in the Southwest quarter of the Northeast quarter of Section 22, Township 1 South, Range 1 East, Salt Lake Base and Meridian, and running thence North 23°26 ' West along the West boundary line of said Lot 17, 60 . 96 feet; thence South 51°00 ' East 89 . 19 feet to the South boundary line of said Lot 17; thence North 89°45 ' 00" West along said West boundary line 45 . 07 feet to the point of beginning. SECTION 2 . EFFECTIVE DATE AND CONDITIONS . This ordinance shall become effective on 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:pp -2- ROGER F. CUTLER S I!tl L- 1�,.J � '�Y OK y; ,f YION, ASSISTANT ATTORNEYS CITY ATTORNEY RAY L. MONTGOMERY STEVEN W. ALLRED LAW DEPARTMENT GREG R. HAWKINS DEPUTY CITY ATTORNEY CITY AND COUNTY BUILDING LARRY V. SPENDLOVE BRU451 SOUTH STATE STREET. SUITE 505 R. BAIRD CHERYL D. LUKE FRANKANK M M. NAKAMURA CITY PROSECUTOR SALT LAKE CITY. UTAH 84111 (801) 535-7788 ASSISTANT PROSECUTORS FAX (801) 535-7640 DONALD L. GEORGE CECELIA M. ESPENOZA RICHARD G. HAMP August 7 , 1989 GLEN A. COOK Mr. Craig Peterson, Director Community and Economic Development Salt Lake City Corporation 451 South State Street, Room 218 Salt Lake City, Utah 84111 Mr. Allen C . Johnson, AICP, Planning Director Planning Division Salt Lake City Corporation 451 South State Street, Room 406 Salt Lake City, Utah 84111 Re: Petition No . 400-720-89 Dear Craig and Allen: Pursuant to Allen Johnson ' s letter of July 19 , 1989 to Craig Peterson, I have drafted an ordinance rezoning certain property pursuant to Petition No. 400-720-89 . You will note that the draft ordinance does not include the "conditions" discussed by the Planning Commission. As I am sure you are aware, "conditional zoning" is generally unacceptable under the theory of uniform zoning . In this case, the conditions sought to be imposed were imported from a preexisting variance. Unfor- tunately, while conditions are quite easy to apply in the variance or conditional use areas , they are generally inappropriate in a zoning context. Conditions precedent to zoning approval are generally acceptable but "operational" conditions which seek to regulate the use of the property beyond the zoning requirements are unacceptable. In the instant case, the conditions mentioned in Allen' s letter to Craig are effectively met anyway. Condition No. 1 is simply already in the zoning ordinance. Condition No . 2 is, at the present time, impossible to violate given the location of the building . Condition No . 3 would be impossible to verify. Condition No . 4 is probably factually not a problem and is, anyway, regulated by the sign ordinance. Mr. Craig Peterson Mr. Allen C . Johnson August 7 , 1989 Page 2 If you have any questions , please call . Sincer��y,: BRUCE R. BAIRD Assistant City Attorney BRB:pp �L r ; REC'D Ov RPU �e, I;? N _ w. .3. ' .a•.r _, AN KING AND ZONING. ALLEN C. JOHNSON, AICP P! PLANNING DIRE CTOR COMMISSION MEMBERS 7 iLUAM T WRIGHT, AICP COMMUNITY AND ECONOMIC DEVELOPMENT RALPH BECKER DEP,Tt DIRECTOR PLANNING DIVISION DAN BETHEL SC EIEEISOR LONG RANGE PLANNING Planning and Zoning Commission CINDY CROMER AND JRBAi'DESIGN THOMAS A. ELLISON SANDRA MARLER 451 SOUTH STATE STREET LAVONE LIDDLE-GAMONAL RICHARD J. HOWA SECRE Aav ROOM 406, CITY AND COUNTY BUILDING RALPH P. NEILSON SALT LAKE CITY, UTAH 84111 GEORGE NICOLAT US TELEPHONE 535-7757 JOHN M. SCHUMANN July 19, 1989 Mr. Craig Peterson, Director Community and Economic Development Salt Lake City Corporation 451 South State, Utah 84111 RE: Petition 400-720 Dear Craig: At it's regularly scheduled meeting on July 13, 1989 the Planning Conanission reviewed a request from Kevin Koncar to rezone property located at 2613 East 2325 South Street from Residential "R-2" to a Business "B-3" zoning classification for the purpose of allowing an existing daycare facility. I am forwarding a copy of the staff report along with the Planning Commission recommendation. The Planning Commission felt the rezoning would simplify the zoning boundary line concurrent with the property lines between the LDS Church and the business. In addition, granting of this rezoning request will nullify a ten foot landscape buffer variance. The Planning Commission approved this rezoning request subject to the following conditions: 1. That a ten foot landscape buffer be maintained from property line. 2. There is no vehicular access from Stringham Avenue to the property. 3. The employees are not required to park on the street. 4. That no signs are oriented to the north faces of the building fronting on Stringham Avenue. Respectfully, Allen !C. John on, AICP Plann ng Dir ctor ACJ:GRH SALT t/KE CITY PLANNTNG AND ZONING 0:MMISSICN STAFF REPORT Petition 400-720 by Kevin Koncar OVERVIEW The applicant, Kevin Koncar, is requesting Salt Lake City to rezone property located at 2613 East 2325 South Strcct from Residential "R-2" to a Business "B-3" zoning classification for the purpose of allowing an existing daycare facility. This 1200 square foot triangular Residential "R-2" parcel is located adjacent a LDS Church parking lot zoned Residential "R-2" to the north and a retail center zoned Business "B-3" to the south. KI(Ri IH[i[Lai 1,5 It O �.` a N . r1L_JUr C"...Tv'ru Ain_u o0000 of►°O•' Z4,:: a JJ 3 • 0 0 0 .4.E -A 1 " 5 i WAY • 0 O •• ♦ y v. On 0 . 0 0 /� . Q a AV z •lio �0'• O • as Colt • o_ c----------411 TN MQ QD DR r li7 ArVrOQp uw . . il W VATWOCIT2 „. r M . . . , W CIA K... .11000 4 ^ .4'A I3ACKORCUND r Approximately one year ago, the retail center was built. To facilitate the development, a triangular piece of property was exchanged with the LDS Church (scc map below) . The property exchange included Parcel "A" now owned by Highline X Realty Trust (zoned "R-2") , and Parcel "B" now owned by the T,IS Church (zoned "B-3") . The petitioned area includes the rezoning of Parcel "A" from its current "R-2" zoning status to a Business "B-3". .',-;->e,/,;:-/-);/4*.7,i;:'-".; A Existing Land Use The Business "B-3" Zoning District is contiguous to the west, south and east property line of the petitioned area and contains retail establishments, restaurants and office uses fronting Parley's Way. The Residential "R-2" and "R-2A" Zoning Districts to the north consists primarily of single family detached homes, apartments and the LDS Church fronting Stringham Avenue. Previous Board of Adjustment Case On May 11, 1987, Highline X Realty Trust received a variance to construct a retail commercial building located at 2647 Parley's Way without the required ten foot landscaped buffer in a Business "B-3" District, provided: 1. There is no vehicular access from Stringham Avenue to the property. 2. The employees are not required to park on the street. 3. That no signs are oriented to the north faces of the building fronting on Stringham Avenue. To the best of our knowledge, the developer complied with the provisions of this variance. In addition, granting of this rezoning request will nullify this ten foot landscape buffer variance. The rezoning will simply make the zoning boundary line concurrent with the new property lines between the LDS Church and the business. Master Plan Considerations The 1987 East Bench Co munity Master Plan identifies the need to maintain, ` protect, and upgrade its residential community. The master plan also recognizes the need for other neighborhood uses to serve its coiucunity if carefully designed to harmonize with the surrounding residential neighborhood. The East Bench Future Land Use Plan does support neighborhood business activity to front Parley's Way at this location. •D•i iD m• ION The planning staff feels that the requested rezoning of property located at 2613 East 2325 South Street from Residential "R-2" to a Business "B-3" zoning classification is consistent with the East Bench Community Master Plan. In addition, the granting of this rezoning request will nullify a ten foot landscape buffer variance. The staff recommends that the Planning Conniission approve this rezoning request subject to the following conditions: 1. That a ten foot landscape buffer be maintained from property line. 2. There is no vehicular access from Stringham Avenue to the property. 3. The employees are not required to park on the street. 4. That no signs are oriented to the north faces of the building fronting on Stringham Avenue. Gary R. Heintz June 20, 1989 APPLICATION FOR ZONING AMENDEMENT To be filed in duplicate with the department of Development Services 324 South State Street Suite #201 Filing Fee $100.00 Advertising Fee* $100.00 (*if a public hearing is held) Application is hereby made to the Mayor and City Council of Salt Lake City "tah, to: Amend the text of the Zoning Ordinance. By amending Section (Use reverse side for requested text change) Amend the Use District (Zoning) Map. Of Salt Lake City by reclassifying the following property located at: �(c7(3 Em Z . ) 61?-- 5- A,Pi } s L4J Ay from a R- 2, classification to a g-3 classification (Use reverse side for legal description) ATTACH TO APPLICATION 1. The reasons why the present zoning is not proper for the area. 2. Changes which have taken place in the area which justify a change in zoning. 3. Description of the proposed use to be made of the property. 4. Other items which justify a change in the existing zoning. 5. Indication of support for rezoning from all affected property owners. 6. Any other information or exhibits which would aid the planning Commission in arriving at a proper recommendation. 7. Siclwell Parcel Identification Number. THE ABOVE INFORMATION,, IN DETAIL, MUSE ACCOMPANY THIS APPLICATION IN ORDER FOR THE PETITION TO BE PROPERLY CONSIDERED BY THE PLANNING COMMISSION. /411 Cud' Signature of the applicant L ��4 e,A,_ Address ?,e3ci cSo , ltiF5;16--m -- ( -(' ` Telephone Number 7413 Ct Zip Code -i FILL OUT REVERSE SIRE Attach all exhibits and supporting data to application. Petition No. .4)(1,' 7c O Date /JJ /S 1 Receipt No. ((, �0 ,3{) Amount $ J( ,G , ZONING AMENDMENT APPLICATION 1 . The parcel is approximately 1200 square feet and lies in between a retail/office complex and an LDS Ward parking lot. The parcel is adjacent to commercial property on the west, and the parking lot on the east, with a retaining wall and six foot fence separating the parcel from the parking lot. 2 . Approximately one year ago, the retail center was built. To facilitate the development, a triangular piece of property was exchanged with the LDS Church. The piece that Highline X received in the exchange is zoned -Z, and the piece the Church received is zoned B3 . Now, one of the tenants in the development is a daycare center which requires the use of the landscaped area behind the building. The current zoning does not allow the children to play in the triangular area. 3 . The property shall be used for an area that the tenants (primarily the daycare center) of the development can use. The area is landscaped and is well maintained. The fence that separates the parcel from the parking lot contains slats so there is a visual barrier between the properties . 4 . The affected parcel is a part of a larger parcel that is currently zoned B 3 . The change in zoning has no effect on the abutting properties. Currently, the children can walk out of a door, and walk approximately 30 feet to the area that is now zoned B-3 . This change in zoning promotes the effective use of the property and has no impact on the abutting property. 5 . Attached are copies of executed amendments to restrictive covenants of Laurel Subdivision, of which the property is a part. The LDS Church and other owners within the subdivision consented to the use or uses which were not permitted in the originial restrictive covenants . In addition, the LDS Church exchanged property with Highline X, so that Highline could construct a shopping center on the property. SAW E. PETERSON W A\ �. ` anrf e RPO.I)4' :. �.:•..: •.: - 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. 400-719-89 submitted by Lester Johnson Noverwtr 7 Recommendation: That the City Council hold a public hearing on Ge`eber 2 1989 at 6:50 p.m. to discuss Petition No. 400-719-89 submitted by Lester Johnson. The petitioner is requesting to amend the Bambrough Place P.U.D. Subdivision to allow the location of one of the six duplex buildings to be located five feet nearer the private street that originally approved in 1988. Availability of Funds: Not applicable Discussion and Background: The petitioner has indicated difficulty in constructing the offset roof line while building the sister building in the first phase of construction. The change would eliminate the 5 foot jog in the duplex dwelling which would simplifying the roof line construction. It will also add about 50 square feet of living space in both units of the duplex. The Board of Adjustment and the Planning Commission have recommended approval of this petition. The petition also has consent of 100% of the owners of the units in the project. Legislative Documents: The City Attorney's Office has prepared and approved the necessary ordinance and is ready for your action. Submitted by: 2//1 ?)Z.11 41) MICHAEL B. Z Acting Director Community and Economic Development SALT LAKE CITY ORDINANCE No . of 1989 (Amending the Bambrough Place PUD Subdivision pursuant to Petition No. 400-719-89 ) AN ORDINANCE APPROVING THE AMENDMENT OF THE BAMBROUGH PLACE PUD SUBDIVISION AS REQUIRED BY SECTION 57-5-8, UTAH CODE ANNOTATED PURSUANT TO PETITION NO. 400-719-89 . WHEREAS, Petition No . 400-719-89 was filed with the City by Lester A. Johnson requesting the City to allow the amendment of the Bambrough Place PUD Subdivision to allow the location of one building in the six building project to be located 5 feet near the private street than was originally approved; and WHEREAS , one hundred percent of the owners of the property with in the subdivision have consented to the 1 amendment ; and WHEREAS, good cause exists for the amendment of the plat and no person will be materially injured by the proposed amendment; NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . The City hereby approves the proposed amendment to the Bambrough Place PUD Subdivision moving one of the buildings 5 feet closer to the private street than in the original plat . The Planning Director is authorized to grant final plat approval subject to compliance with applicable City ordinances . SECTION 2 . EFFECTIVE DATE. This ordinance shall take effect immediately upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . CHAIRPERSON ATTEST: , (.0 i to, x/z CITY RECORDER Transmitted to the Mayor on Mayor' s Action: Approved Vetoed MAYOR ATTEST: CITY RECORDER BRB:cc S IT rya OR( G RDO° JON4 ALLEN C JOHNSON, AICP v y PLANNING AND ZONING PLANNING DIRECTOR COMMISSION MEMBERS WILLIAM T. WRIGHT, AICP COMMUNITY AND ECONOMIC DEVELOPMENT RALPH BECKER DEPJ", DIRECTOR PLANNING DIVISION DAN BETHEL RVISOR LONG RANGE=R.ANNING Planning and Zoning Commission CINDY CROMER At;D JRBAN DESIGN THOMAS A. ELLISON SANDRA MAHLER 451 SOUTH STATE STREET LAVONE LIDDLE-GAMONAL RICHARD J. HOWA SECRETARY ROOM 406, CITY AND COI'NTY BUILDING RALPH P. NEILSON SALT LAKE CITY, UTAH 84111 GEORGE NICOLATUS TELEPHONE 535-7757 JOHN M. SCHUMANN August 28, 1989 Craig E. Peterson, Director COnuuunity and Economic Development City and County Building 451 So. State St. Salt Lake City, Ut 84111 RE: Petition 400-719, by Lester A. Johnson request Salt Lake City to amend the Bambrough Place P.U.D. Subdivision. Dear Craig, Transmitted herewith, please find petition 400-719 of 89 by Lester A. Johnson, requesting Salt Lake City to amend the Bambrough Place P.U.D. Subdivision, to allow the location of one building, in the six building project, to be located five feet nearer the private street than when originally approved in 1988. The petitioner has indicated difficulty in constructing the off-set roof line while building the sister building in the first phase of construction. The requested change would eliminate the 5 foot jog in the duplex dwelling building, simplifying the roof line construction. The requested change would also add about 50 square feet of living space in both units of the duplex, to dining room. This petition to change the subdivision plat as to the location and shape of this one building, was considered and approved by the heard of Ad-justment at its meeting May 22, 1989 and by the Planning Commissi -,n at its meeting May ll, 1989, both bodies recommending approval of the petition to the City Council. The petition to amend, and the resulting Amended P.U.D. Subdivision plat have the support and consent of 100% of the owners of the units in the project. The City Council needs to schedule this petition for a public hearing to consider the matter. Crain F. rekerson August 28,1989 Page Two The staff report and minutes of the Board of Adjustment and Planning Commissions meetings are attached. Planning staff member Doug Wheelwright will be available for City Council briefing as may be requested. Resp,f,ully Submitted, ..<1e,,,, , ,,,, Allen C. Jo so , A.I.C.P. Planning Direc r r SALT LAKE CITY PLANNING CCMPUSSION STAFF REPORT PETITION 400-719 BY LESTER A JOHNSON Requesting Salt Lake City to amend the Bambrough Place PUD Subdivision and Preliminary Subdivision Plat Approval for the amended Bambrough Place PUD Subdivision. OVERVIEW This is a request by the owner/developer of the Bambrough Place PUD Subdivision to amend the Subdivision Plat relative to the size and location of two of the eight units in the project. BACKGROUND ND This project was approved by the Board of Adjustment as Case No. 254-B on August 4, 1986, for four units lacking frontage on 1700 South Strcct. After construction began, the owner/developer decided to subdivide the project so he could sell the individual units. When the subdivision was presented to the Planning Commission about 1987, the Commission expressed concern over this project being a de-facto Planned Unit Development in an R-2 Zone. However, the Subdivision was approved because the project was under construction based upon the Board of Adjustment approval. The Subdivision was registered with the County Recorder on May 6, 1988. ANALYSIS The petitioner has requested the Subdivision amendment based upon two factors. 1. There are two duplex units and four single family units in the eight unit project During construction of he first duplex, the builder had difficulty in constructing the roof due to the five foot jog in the building alignment along the common wall. He wishes to eliminate the jog in alignment to simplify the roof line construction in the second duplex which has not yet been built. This causes a change in the front setback from the private strcct (decreasing it by five feet for one-half of the building) , and an increase in the rear yard setback along the west boundary of the project of five feet (for one- half of the building) . 2. The change also adds 50 square foot of living space to the dining • rooms of each unit. Mr. Johnson owns five of the units in the project. The owners of the other three units have signed a consent to amend the plat. This amounts to 100 percent of the owners within the Subdivision Plat petitioning for the change. RECOMMENDATICNS Staff recommends that the Planning Conunission recommend to the City Council that Petition 400-719 of 1989 be the subject of a Public Haring as required by law and pending the favorable outcome, recommends approval to amend the Subdivision. The Staff further recommends that the Planning Commission grant preliminary Subdivision Approval to the amended plat and authorize the Planning Director to grant final plat approval subject to compliance with City Ordinances and approval of the amendment petition by the City Council. Douglas L. 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'1•n nln f.rl I.n0t exell•nlye••• .rl.•r, Ilr...III, .•1 V.:1_-:.>(JGt!1•FAO.t1,5 V•:1!tnttf. -,yA.,r..2-,T r'.!L: '4�� a ••�•n • � ,• i..ir e,.,.01 0. •.•'lir.11..,nl wen 0e••,lr M .r - _-+-- .n.e�.•.. +.-.er. .�•.•1:1••cr.•-..Irc„•.11t:n,...!n...-1 i•Inll.n•:.,II J t. r A>'.`]1::'I:i 1I:f- w'::,C..'•t•I) OI MS T4IN ran,.1n.• •et f..., elenr.nw. 1c1. .r1.er.•n•lne-..1.In-1,11,.ln 1...•t `uCL SUPPLT Lodi 44y. . . 14..) Ilr.',!.�'-- .._ _ • ..• a1r '♦ .. Plu..A.lcl.•I.all ti l•�.,:•.�nl rl�Ineir•. / T.n..ln I..el,11•e'ln••J1.111.r._ ',net"Ire..n.1.111e1.•••.•,-.10,:"u11 al,. -/t-..��/1'' ...N.,/vlth al!a0Pcn.11 ,0 ir .,1., ,or r ,a.1•n,•. :1'! •:,.,rl rf't:14 t'(P':a 5t J-1-•11n I!w-�..-! .—�_•�-- ` . ALLEN C. JOHNSON ( MEMBERS: PLANNING DIRECTOR NANCY K PACE. CHAIRMAN BRENT B WILDE DEPARTMENT OF DEVELOPMENT SERVICES ROBERT LEWLS ZONING ADMINISTRATOR DOROTHY PLESHEBoard of Adjustment on Zoning PETER VAN ALSTYNE GEORGINA DuFOUR 324 SOUTH STATE STREET. ROOM 200 I J. WAGNER SECRETARY SALT LAKE CITY. UTAH 84111 ALTERNATES 535.7757 FAUN 0 HANSEN W. KENT MONEY June 2, 1939 Mr. Les Johnson 2132 East 1700 South Salt Lake City, Ut 84108 Dear Mr. Johnson: On May 22, 1989 the Board of Adjustment considered your request to modify a variance granted on Case No. 254-B. The Board did grant a modification to said variance allowing you to modify the lot boudaries so that a different shaped building can be constructed on the property, as per the plan presented by you, which changes the subdivision boundary around the building. This will require filing a new plat. Sincerely, BOARD OF ADJUSTMENT Oeor4 ina DuFour Secretary duo Enclosure • PC MINUTES May 11, 1989 Page 11 neighborhood who are opposed to the granting of this petition. The signatories of these petitions are opposed to this petition due to the elementary school, the crime and prostitution in the area, the close proximity of the liquor store, the clientele attracted to the plasma center in the neighborhood and the existence of a similar type of drug rehabilitation center in the same neighborhood. Those petitions are filed with the minutes. Mr. Pettigrew also mentioned that most of the property owners in the neighborhood were not notified of the Planning Commission meeting on this matter. Mr. Wright informed Mr. Pettigrew that this was not a hearing and the Planning Commission was not required to give notice of the meeting to the property owners in the area. Mr. Wright added that the Planning Commission would only be making a recommendation to the Board of Adjustment who would then hold a public hearing which would be published in the paper and notices sent to abutting property owners. Mr. Pettigrew stated that the drug use, crime and prostitution in this neighborhood do not make it conducive to the environment the petitioner is socking. Mr. Pettigrew said that just because the transition house has good management today does not mean it would have good management tomorrow. Mr. Neilson stated that it sounded like the petitioner should be more concerned about the neighborhood than the neighborhood being concerned about the petitioner's request. Mr. Peter Gallegos, principal of Jackson Elementary stated that they are opposed to this petition being granted and requested the Planning Commission submit a recommendation for denial. Mr. Remington stated that they would not be rehabilitating criminals, but rather people who were recovering from substance abuse. He added that these people would be part of the neighborhood, helping to get it cleaned up as well as fixing up the house they would be residing in. Mr. Remington stated that good management today certainly did not guarantee good management tomorrow but good management could be preserved through the bylaws and regulations of the transition house. Mr. Nicolatus asked Mr. Pettigrew if the neighborhood had done anything to try and clean up the area. Mr. Pettigrew responded in the affirmative but added that they felt they had not received the support they should have received from the city. Ms. Liddle-Gamonal moved to approve staff's recommendation to recommend approval of this petition to the Board of Adjustment. Mr. Howa seconded the motion; all voted "Aye." The motion passes. SUBDIVISICNS Petition No. 400-719 - Lester H. Johnson requesting Salt Lake City to amend the Bambrough Place Subdivision. Mr. Doug Wheelwright presented the staff report stating that this is a request by the owner/deve'oner of the Bambrough Place PUD Subdivision to amend the PC MINUTES May 11, 1989 Pace 12 Subdivision Plat relative to the size and location of two of the eight units in the project. Mr. Wheelwright stated that this project was approved by the Board of Adjustment as Case No. 254-B on August 4, 1986, for four units lacking frontage on 1700 South Street. After construction began, the owner/developer decided to subdivide the project so he could sell the individual units. When the subdivision was presented to the Planning Commission about 1987, the Couunission expressed concern over this project being a de-facto Planned Unit Development in an R-2 Zone. However, the Subdivision was approved because the project was under construction based upon the Board of Adjustment approval. The Subdivision was registered with the County Recorder on May 6, 1988. The petitioner has requested the Subdivision amendment based upon two factors. 1. There are two duplex units and four single family units in the eight unit project. During construction of the first duplex, the builder had difficulty in constructing the roof due to the five foot jog in the building alignment along the common wall. He wishes to eliminate the jog in alignment to simplify the roof line construction in the second duplex which has not yet been built. This causes a change in the front setback from the private street (decreasing it by five feet for one-half of the building) , and an increase in the rear yard setback along the west boundary of the project of five feet (for one- half of the building) . 2. The change also adds 50 square feet of living space to the dining rooms of each unit. Mr. Lester H. Johnson owns five of the units in the project. The owners of the other three units have signed a consent to amend the plat. This amounts to 100 percent of the owners within the Subdivision Plat petitioning for the change. Mr. Wheelwright stated that the Planning Staff recommends the Planning Commission recommend to the City Council that Petition 400-719 of 1989 be the subject of a Public Hearing as required by law and pending the favorable outcome, recommends approval to amend the Subdivision. The Staff further recommends that the Planning Coiiuiiission grant preliminary Subdivision Approval to the amended plat and authorize the Planning Director to grant final plat approval subject to compliance with City Ordinances and approval of the amendment petition by the City Council. Ms. Cromer moved to approve staff's recommendations on Petition No. 400-719 subject to the conditions listed in the staff report. Ms. Liddle-Gamonal seconded the motion; all voted "Aye" with the exception of Mr. Neilson who abstained from the vote. The motion passes. Lester H. Johnson 1731 Bambrough Place Salt Lake City, Utah 84108 (801) 583-8195 March 30, 1989 The Honorable Palmer DePaulis, Mayor Salt Lake City, Utah Dear Mayor DePaulis: As owner and developer of Bambrough Place sub-division I respectfully petition for an amendment to said sub-division. Bambrough Place is located at approximately 2132 East 1700 South. It consists of eight residences—six of which are sold. Four are now occupied and two are in the finishing stages—estimated completion is about May 15, 1989. Upon completing the six, the occupying residents have suggested that the foundation of the dining room bay be extended on the remaining two. The dining room bay areas now extend over the window wells, making them impractical. The floor plan would remain the same except for the dining room extension, increasing the square footage by approximately 50 square feet. Also, consideration has been given to aligning the proposed twin-house with the adjacent house, which would be more appealing as seen from the private street serving Bambrough Place. Thank you, Lester HjJohnson 'no lima-ma 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 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 dral vl 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: CITY RECORDER Transmitted to the Mayor on Mayor' s Action: Approved Vetoed MAYOR ATTEST: CITY RECORDER -2- ALLEN C. JOHNSON, AICP 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 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 Coruiunity and Economic Development Salt Lake City Corporation 451 South State Salt Lake City, Utah 84111 RE: 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 (see 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: Coilunencing at the Northeast corner Lot 27 Block 1 Edgewood Addition, thence East 12 feet, thence South 110.5 foot, 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�'; P Planni g Dir tor ACJ:GRH T T ci. :. :� ; J II &‘ .. 1 r>. --,.,, ---L10 _ E F — .--i, : i , r,-, ill ff. -P=-. . o xIll 0 e Z v r - • V --- al Fi IS : • A 1111 m ...... . E.. g .. ,, e b _ < ..�,, I11t- L..�,' t :' •yb e 0 a ` D. e d b E. .., 1 of r....- Arse I S / J was! 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CO 1 0" `- % .. 4"' -O�x-coo _ 4"- c.-e-... .....„--- --,..,,... .. , r... „„..-e-ie ' 0,-7.. .��:v c , :- .� -�ee --'' rye c --.e- --S7-2.1- / 6" a_.,,6-c__ ,.e.-1- 67 % ,���---)-z---e- r��e- -,2.�"/-*:73-dG=a.� cam" ----7�r:�f� ���o-#'_,. _..,e,"..e.-' iJ --'-.4-C-07-- -' a...-2-:''-- ,=,, ,e'‘> e-e--aa-e,-- (., --oe-e ,‘ ae,e..., i/C-#)<' 5S ' \- .' - ' . v 1� -654' 1.7,Z -f7 epw — s o-r SA - ' r a - & 01111T C O RA= QN:r 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 18, 1989 Re: Amendment to Perry's Hollow #1 Subdivision Recommendation: That the City Council hold a public hearing on November 7, 1989 at 6:20 p.m. to discuss a proposed amendment to the Perry's Hollow #1 Subdivision to allow an access road through existing lot #3 to the proposed Sugarloaf Subdivision. Availability of Funds: Not applicable. Discussion and Background: The Planning Commission has reviewed and recommended approval of this request. The applicant has not obtained all the signatures of property owners within the subdivision and adjacent to the subdivision, therefore, the notice will be advertised in the newspapers for once a week for four consecutive weeks prior to the public hearing. Legislative Documents: The City Attorney's Office has prepared the necessary ordinance and is ready for your action. Submitted by: )11 CHAEL B. Z Acting Direc Community and Economic Director SALT LAKE CITY ORDINANCE No. of 1989 (Amending the Perry' s Hollow #1 Subdivision pursuant to Petition No . 400-713-89 ) AN ORDINANCE APPROVING THE AMENDMENT OF THE PERRY' S HOLLOW #1 SUBDIVISION AS REQUIRED BY SECTION 57-5-8 , UTAH CODE ANNOTATED PURSUANT TO PETITION NO. 400-713-89 . WHEREAS , Petition No. 400-713-89 was filed with the City by Wynn Johnson of the Johnson Land Company requesting the City to allow the amendment of the Perry' s Hollow #1 Subdivision to allow an access road through existing lot #3 to the proposed Sugarloaf Subdivision; and WHEREAS, one hundred percent of the owners of the property within and adjacent to the subdivision have not consented to the amendment; and WHEREAS, the Council has, therefore, held the required public hearing after giving the required notice; WHEREAS , good cause exists for the amendment of the plat and no person will be materially injured by the proposed amendment; NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . The City hereby approves the proposed amendment to the Perry' s Hollow #1 Subdivision to allow an access road through existing lot #3 to the proposed Sugarloaf Subdivision. The Planning Director is authorized to grant final plat approval subject to compliance with applicable City ordinances . SECTION 2 . EFFECTIVE DATE. This ordinance shall take effect immediately upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . CHAIRPERSON ATTEST: q fp, CITY RECORDER Transmitted to the Mayor on Mayor' s Action: Approved Vetoed MAYOR ATTEST: CITY RECORDER BRB:ap S ,.a a FA C�'I, TT � oom niIONi ALLEN C. JOHNSON, AICP PLANNING AND ZONING P.ANNING DIRECTOR COMMISSION MEMBERS WILL IAM T. WHIG H-r, AICP COMMUNITY AND ECONOMIC DEVELOPMENT RALPH BECKER DEPU,Y PLANNING DIVISION DAN BETHEL SUPEFVISOR LONG RA'2GE PLANNTIC Planning and Zoning Commission CINDY CROMER AGO URBAN DE51GN THOMAS A_ ELLISON SANDRA MARLER 451 SOUTH STATE STREET LAVONE LIDDLE-GAMONAL SECRETAR{ ROOM 406, CITY AND COUNTY BUILDING RIC HARD J. HOWA RALPH P_ NEILSON SALT LAKE CITY, UTAH 84111 GEORGE NICOLATUS TELEPHONE 535-7757 JOHN M. SCHUMANN September 5, 1989 Michael B. Zuhl Chief of Staff Department of Development Services 451 South State Street Salt Lake City, UT 84111 Dear Michael, Attached is petition 400-713 by Mr. Wynn Johnson, representing the Johnson Land Company, requesting Salt Lake City amend the Perry ' s Hollow #1 subdivision lot number three in order to allow for an access road for the proposed Sugarloaf subdivision. On August 10, 1989 the Salt Lake City Planning Commission made the motion to approve the preliminary plat for the Sugarloaf subdivision based on conditions listed in the minutes. The Planning Commissions intended to also approve the petition request along with the subdivision due to the fact that the access for the proposed Sugarloaf Subdivision depends upon receiving access through lot number three of Perry 's Hollow #1 Subdivision. Perry ' s Hollow #1 Subdivision is a recorded subdivision and currently has no existing homes on the lots. Minutes from the August 10, 1989 Planning Commission meeting are included for your reference. Utah State Senate Bill number 19 was passed in November of 1986 dealing with the amendments to approved subdivisions. The law now requires that if the petitioner of the amendment does not provide all signatures of property owners within the subdivision and all signatures of property owners adjacent to the subdivision, Section 57-5-7. 5 requires the city to 1 ) publish the notice once a week for four consecutive weeks preceding the hearing in a newspaper in the City, 2 ) mail the notice to all owners appearing on the county assessment rolls. Please refer to the attached Senate Bill number 19 for the detailed wording. The amendment to Perry' s Hollow #1 ( petition 400-742 ) subdivision therefore should be presented to the City Council for a public hearing and final approval prior to the final recording of the Sugarloaf subdivision. The applicant has not obtained all signatures of property owners within the subdivision and adjacent to the subdivision, therefore advance notice in the newspapers should be made each week for four consecutive weeks prior to the public hearing with the Council as required by state law. Respectfully Submitted, Allen/C. J+.hnson, AICP Planning Pirector ACJ: AGM attachments cc: John Schuman, Planning Commission Chairman L. Wynn Johnson, petitioner Jim Webster, subdivision planner PC MINUTES Page 7 August 10, 1989 SUBDIVISIONS INFORMAL HEARING - Sugarloaf Subdivision preliminary approval at North Bonneville Drive, west side of Perry's Hollow. Also, consideration of Petition No. 400-742 requesting an amendment to Perry's Hollow Subdivision, Lot 3. Mr. Wright stated that it was not a requirement of the Zoning Ordinance to hold informal hearings on subdivision approvals. He added, however, that since this matter was of significant interest to the neighborhood, the Planning Staff decided to hold an informal hearing. Mr. Allen McCandless presented the staff report and stated that preliminary approval for subdivisions is the jurisdiction of the Planning Commission with final approval by the Mayor. Mr. McCandless stated that there are two issues before the Planning Commission, 1) Preliminary approval for the Sugarloaf Subdivision, and 2) An amendment to Perry's Hollow Subdivision, Plat "J". Mr. Wynn Johnson (owner) , and Jim Webster (James Webster Associates) are requesting preliminary review and approval of the Sugarloaf subdivision. The proposed nine lot subdivision adjoins the south boundary of Perry's Hollow #1 Subdivision located along North Bonneville Drive. All lots and streets are within the R-1 and R-2 zones and are also located within the F-1 (foothill overlay) zone. 1. SUGARUOAF SUBDIVISION The subdivision has been reviewed by the required city departments, including the Planning Staff. Public Utilities. A letter from Leroy Hooton (June 19, 1989) states that plans for the sewer pump station access will need to be submitted. Discussions have indicated the station will most likely be along the south edge of lots three or four. Transportation. A letter from Scott R. Vaterlaus (July 5, 1989) states their main concern was that during the review process of Perry's Hollow #1 subdivision, a loop road was to connect from Brockland Drive to Northland Drive. Mr. Wynn Johnson has indicated a willingness to connect a loop road, though it is now proposed to connect from Brockland Drive to Lot #3 of. Perry's Hollow #1 Subdivision. This connection is agreeable with the Transportation staff. The letter also indicates the widths and minimum radius curves for the street are substandard. Due to the hillside topography and the lots being proposed only on one side of the street, Transportation feels the street widths and curves as proposed would be accepted by the City with proper sicning and planning. PC MINUTES Page 8 August 10, 1989 Engineering. Nick Kappas of the Engineering Department reviewed the proposed subdivision and had no comments. Planning. Chapter 3 of the Site Development Regulations was used in reviewing this subdivision. The following points require careful consideration and should become conditions of approval of the final subdivision plat. Some of the points are to be accomplished before the approval of the final plat. Due to the lots being on only one side of the roadway, it is recommended that a sidewalk be approved only on the side with homes. Avenues Community Council. Mr. McCandless met with the Avenues Community Council at their August meeting. Willie Littig, Avenues Community Council Chairperson spoke with the staff and recommended the subdivision be approved. He was particularly pleased with the size of lots proposed. Willie was also in agreement that the street connection from Northland Drive to North Bonneville be made. He also agreed with the condition of not allowing fill materials to be pushed over the steep edges of the hillsides since this subdivision is so visible. 2. PL IT'ION 400-742 - ANC TO PERRY'S FOLLOW SUBDIVISION, PLAT "J" Mr. Wynn Johnson, in conjunction with the Sugarloaf Subdivision, is requesting to amend Perry's Hollow #1 Subdivision, Lot #3 to allow an access road for the Sugarloaf Subdivision to be constructed. The owner is Johnson Land Company, Inc. A letter from Mr. Johnson (June 13, 1989) indicates that Von R. Brockbank, owner of eleven of the seventeen lots, supports the amendment for the roadway. There are no existing homes on the lots of the Perry's Hollow Subdivision. The review by the City's Transportation Division initially recommended the roadway from Brockland Drive to Northland Drive be constructed, but is willing to support a connection from North Bonneville Drive (July 11 DCT meeting) . The Planning Staff can support this amendment to the Perry's Hollow Subdivision if the owners agree to the amendment as proposed, and that an amended plat be submitted and approved by the City. The Planning Staff therefore, recommends preliminary approval of the Sugarloaf Subdivision subject to the following 15 conditions: 1. Plans for the sewer pump station access are to be submitted to and approved by Public Utilities. 2. Engineered cross sections for the roadway '_-,. be submitted and approved by the City Traffic Engineer. Plans to show heights, retaining systems, extents of cuts and fills, curves, street light locations, constructed as per section 47-3-4(4) of the Site Development Regulations. PC NLIN[II'ES Page 9 August 10, 1989 3. A loop road connecting North Bonneville Drive with Northland Drive should be accomplished and indicated on the final plat. 4. A Landscape Plan is to be submitted prior to final plat approval and approved by the City for cuts and fills for the roadway, as well as for other areas for potential erosion. 5. All public utilities are to be placed underground with utility easements to be shown on the final plat. 6. Construction of all water conveyance systems for roofs, patios and hard surfaces will be strictly accomplished to prevent the loss of water to the subsurface. 7. A plan indicating the intended use and maintenance of the remnant of Lot #3, Perry's Hollow #3 Subdivision is to be submitted to the City prior to final plat approval. 8. All slopes of 40% and above should be delineated and shaded on the final plat. All shaded areas are unbuildable areas and are to contain no structures. No grade changes over two foot from the original natural grade shall be permitted for yards or structures. 9. Cross section plans for lots 4, 5, 6, and 7 should be submitted prior to final plat approval in order to ensure that homes and yards can be built without extensive excavation, or intrusion into the 40% slope area. Driveway slopes should be indicated on the cross sections (16% percent maximum slope) . 10. Sidewalks be approved only on the downslope side of the roadway where homes will be located. (Sidewalks are required on both sides of the street unless waived by the Planning Commission. ) 11. No debris or topsoil is allowed to be deposited on any of the 40% or greater slope faces. Preferably, homes should be on natural soil, or if required, minimal amounts of well compacted, engineered fill material. 12. Footings for structures located on Lots 2 through 7 be above the Bonneville silts (a minimum of four vertical foot) . 13. A Plan for erosion control showing methods for controlling erosion during the period of construction is to be submitted to the City prior to approval of the final subdivision plat. 14. Lot #2 of Perry's Hollow #1 should not receive fill materials over two foot in depth for improvement of the building pad, as was planned in the preliminary grading report. Ho fill material should be deposited on the 40% slcoe area of this Lot #2. 15. A grading plan is to be prepared by a registered engincor prior to the final plat containing information requested on pages 49 through 51 of the Site Development Regulations, or section 47-3-5 (3) . PC MINUTES Page 10 August 10, 1989 The Planning Staff recommends approval of Petition 400-742, the amendment request for Perry's Hollow Subdivision, Lot #3, subject to the following conditions: 1. Approval of the amendment to the Perry's Hollow Subdivision #1, Lot #3 to allow an access road to the Sugarloaf Subdivision. 2. A plat of the amended Perry's Hollow #1 Subdivision be submitted and approved. Mr. Wynn Johnson, the Petitioner, 1002 North Bonneville Drive, stated that he had read the staff report and was in agreement with it. He added that Condition #3 was slightly confusing to him. Mr. Wynn Johnson said Traffic had recommended a temporary cul-de-sac with a right-of-way to the edge of the property and yet the staff report states "A looped road will be accomplished " Mr. Wynn Johnson said a funding a looped road at this time had not been their intention. He said they had intended to give the right-of- way and then fund the road when further development occurs. Mr. McCandless said the City owns some of the property adjacent to the Johnson property and the staff is concerned about safety and access issues, and therefore, there needs to be a second access into the area. Mr. Schumann opened the hearing to the public and asked if anyone wished to address the Planning Commission. Ms. Kathy Dunlop, 609 North Perry's Hollow, stated that she was in favor of responsible development but is concerned about road surfaces and cuts being put in place if the lots never get sold and developed. She added that she is very concerned about the drainage, on-going drug deals in the area, dumping and excessive traffic. Mr. Wynn Johnson responded that they are also concerned about these same issues since they are residents of the same area. He added that as the developer, they will not be constructing streets until they know the lots will sell. Mr. Ron Borg, 523 Perry's Hollow Road, stated that he is concerned about the revegetation issue and added that he fools something needs to be done to lessen the visual impact and severity of the cuts. Mr. Wynn Johnson explained that the primary cuts will be on the north/south portion of the main cul-de- sac at the bottom of the Sugarloaf Subdivision. Mr. Wynn Johnson said their intent is to put in a retaining system with watering facilities along the inside of Sugarloaf. Ms. Pam Johnson, one of the petitioners, 1002 North Bonneville, stated that the retaining wall on the inside of Sugarloaf will keep off-road vehicles away from Sugarloaf. She added that they intend to plant it, water it and light it to make it as attractive as possible. PC MINUTES Page 11 August 10, 1989 Mr. 0. Wrxx1 Moyle, 1358 Tomahawk nrive, stated that his concern is that there be as little disturbance to the natural landscaping as possible. Mr. Lee McCullough, 1003 North Bonneville, stated that he is in favor of this development because he fools it will put a stop to the drug dealing, partying and excessive recreational vehicles. Ms. Pam McCullough, 1003 North Bonneville, stated that she is concerned about the fire threats they have to face during the July holidays. She said she feels this development will cut down on the threats of kids throwing fireworks around. Since no one else wished to address the Planning Commission, Mr. Schumann closed the hearing to the public and opened it up for Planning Commission discussion. Mr. Ellison said it appeared that the road cuts across the 40o slope and he doesn't fool the Planning Commission could approve an exception to the site development ordinance. Mr. Wheelwright said this is only the preliminary plan and the roadway will not cut into the 40o slope on the final plat. Mr. Becker expressed his concern that the Planning Commission does not have control over the review process for the design of the homes that will be impacting the view of the foothills from the valley floor. Mr. Howa moved to recorrnrmnd preliminary approval for the Sugarloaf Subdivision subject to the conditions listed in the staff report. Mr. Nicolatus seconded the motion; all voted "Aye." INFORMAL HEARING - Ensign Downs Plat "J" - Preliminary approval of west extension of Ensign Vista Drive. Allen McCandless presented the staff report and stated that Chris Robinson, Ensign Downs Inc. (property owner) , and Scott Turville (McKinley Oswald and Company) , are requesting preliminary review and approval of the Ensign Downs Plat "J" subdivision. The proposed 15 lot subdivision is a west extension of Ensign Vista Drive. The proposed subdivision is entirely within the R-1 (single family residences) and F-1 (Foothill Overlay) zoning districts. This subdivision is a continuation of the Ensign Downs development area located north of the State Capitol building. The subdivision has boon submitted and reviewed by the required City departments including the Planning Staff. The Plat "H"as been revised twice to reflect the requested changes by the reviewing departments. The following are the remaining comments from the various City departments. Fire Department: Rae Hunsaker has reviewed the subdivision and has provided the location for two hydrants. The enginccrs for the subdivision, Eckhoff Watson and Preator Engineering, have placed Hydrant locations as requested from the Fire Department on the preliminary plat. . . JOHNSON LAND CO. , INC . 1002 North Bonneville Drive Salt Lake City, Utah 84103 801-355-7206 ,--N -'' 30 1 a .aL.e• 13 , 1989 01°11 s I'Lter Paler DePaulis • 'Hall 'Jait Lake Cite , LTF11-1 Petition to ame7a.7] J'errr ' s doll Subfvisen Co . 1 :), :: lavcr fl,,,Paulis : Li company recently purchaat;ed arr=imatela 30 acres of 1 -aa Iccated north of Chandler Drive and abuttino the. referenced saaa:_sion ( see fL'xhibil_ One ) on our northern Loundary . ,4 : have cuic;i a preliminary plot to the talc Lake City Jfianning and aia Deecronenc to develop nine escata- iced lots on t:he b :. titable portion of our preperzy . plat Yie hove srr)Iitte ( see Exhibit Lwo) envisions a: p•ea . • - Ftreet aoccszing oor Jan thr(m(Th lot 1-ireE3 ot ti:-1 ) ✓ faa_z_aoed subdivion. Av ccpany 0WT:17 lot 1-_hf The developer listing subdiviicn , who s ,:.ill (1)wl-: eLe-on of the _,CC -_,aDr,s , has app,:cved our elan .ee., EyCo171-.. ihe2e Cc ;,_, ._-:oLactid the Three cuecme leg cwnrs by tT..-,r-ion ccc 1 ,:t1=er 7.1J0 of the three remaining erects e.. -_:h Leo c)r,:s ) and , es of • La aa , nave not recaivea any wriT:r_ea -'escaae to our letters eLloh i-,:,:. re s :nt we'd: salf- adaesa,:ea ea :eioQes *ncluded) . :nasnuch as the 1,:,ajorit of the lot urn ::::; ar in sufluort • oar :Dien to allow a public roadw.ec cap be eehstraao .,ca . cc e.= ,e , I respectfully request vooc suppert af aL : ar-eHTene to the refL1-e-nced suision . lee: ; you te : =ention to this reaaLet . _araa;e:_ ely yours , L . - 7an :nnson cc : Oman Johnson Doa-4 Wheelwr*giH bia). WebstEEr Dcci a . Brockbank - , • 4/1 SCRAIG E. PETERSON ,, ea , Mil OR® IjQ 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 Conullercial "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: ICHAEL B. ZUHL Acting Director Compunity and Economic Development ALLEN C. JOHNSON, AICP PLANNING AND ZONING PLANNING DIRECTOR COMMISSION MEMBERS. wll_LIA a T. WRIGHT. AICP COMMUNITY AND ECONOMIC DEVELOPMENT RALPH BECKER CEPDTV DIRECTOR PLANNING DIVISION DAN BETHEL SUPERVISOR LONG RANGE PLANNING Planning and Zoning Commission CINDY CROMER A,o URBAN DESIGN THOMAS A. ELLISON SANDRA MARLER 451 SOUTH STATE STREET LAVONE LIDDLE-GAMONAL RICHARD J. HOWA SECRETA 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 Colrnnunity 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 Gushman proposes to redevelop the 1.81 acres of property to new commercial 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 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" 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. Johnpon, AICP Planning Dir for ACJ:GRB attachments 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 - rio \ .. t__ AT , _____________ _ LOKOA 1NC ANNEX TO SALT LAKE CITY, UTAH AN ANNEX TO SALT LAKE CITY, UTAH, OF PART OF LOT 2, BLOCK 27, TEN ACRE PLAT " A" , BIG FIELD SURVEY. PARCEL DESCRIPTION: BEGINNING AT THE SLJTHWEST 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 1 HE 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' 17' 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 4?' 46° 58" E 176.47 FEET; THENCE N 89' 46' 48" W 64.06 FEET; THENCE S 0' 1 3' 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 ACR:=S. SALT LAKE CITY AMENDMENT TO AREA 5 BRICKYARD AREA of the MASTER ANNEXATION POLICY DECLAKATION AMENDMENT 5-C SALT LAKE CITY AMENDMENT TO MASTER AATICN POLICY DECLARATION AMENDMENT 5C Petitioned Sub-part of Area 5--Brickyard Area Cushman Annexation November 1987 Prepared by Salt Lake City Planning & Zoning Division Department of Development Services CONTENTS Topic Page 5C Introduction 1 5C.1 Area Considered for Annexation 1 5C.2 Land Use and Soda-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 Strocts and Highways 4 ILLUSTRATIONS AND TABLES Topic Page Map of Proposed Annexation Area 5 Table 1: Comparison of City and County Tax Rates 6 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 contiguous 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*45130"E along the monument line 31.83 feet and NO*14'30"W 32.87 feet from the Salt Lake City Monument in the intersection of 3300 South and 1100 East Streets; thence N0*04°23"E 360.09 feet along the West line of said Lot 2, to the right bank of the Lower Cottorwocd Canal; thence along said bank S54*28158"E 46.64 feet and S50*17'58"E 118.65 feet and S64*45'58"E 76.84 feet and S56*48158"E 62.99 feet 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' l2"W 307.50 feet along said South line to the point of beginning. Contains Lai acres. 5C.2 Land Use and Socio-Economic Characteristics The proposed annexation area is 1.81 acres of conuiiercial 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 conniircial. 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 rake C tv orovides waste col l e' t'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. 4 CCMDARTSON OF CTTY AND COUNTY TAX RATES IN TAXING JURISDICTIONS AND SERVICE DISTRICTS WITHIN STUDY AREA 5 FOR 1987 Service Departments Tax Rates County City Tax District: 17A 13B Salt Lake County .0029210 .0029210 Salt Lake City .0043700 Salt Lake County Government Immunity .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 ?1 1 eer D1 �T^'?t�r'_' T Fund .0000400 -.GCO 00 South Salt Lake County Mosquito Abatement Dist. .0000320 .0000320 Tax Administration Levy .0005370 .0005370 'lOI'AL TAX RATE .0183970 .0201020 6 �O -i OFFICE OF THE CITY COUNCIL CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, SUITE 304 SALT LAKE CITY, UTAH 84111 535-7600 August 29, 1989 MEMORANDUM TO: COUNCIL MEMBERS FROM: ED SNOW RE: REVIEW OF MAYOR'S MOST RECENT RECOMMENDATIONS FOR BOARD APPOINTMENTS I was asked to update a recent memo regarding the Mayor's recommendations for board appointments. I was asked to include the breakdown into Districts of the memberships of the boards affected by the new appointments. Would you please review the list. If you have any concerns or comments about the Mayor's recommendations or if you need more time to review the list, please contact me before August 31. We would like to act as quickly as possible on these recommendations. If you have no objections, we will place them on the Council Agenda, September 5. 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 me 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. MAYOR'S RECOMMENDATIONS FOR BOARD APPOINTMENTS NEW APPOINTMENTS BOARD OF APPEALS AND EXAMINERS Theophile J. Syms to be to appointed to replace Eric Kanakainen for the term extending through March 1, 1994. Mr. Syms, an election judge, resides in District. 5, Mr. Kanakainen also lives in District, 5. If Mr. Syms is appointment, of the five-member board, two will live in District 5, two in District 7 and one in District 3. COMMUNITY DEVELOPMENT ADVISORY COMMITTEE Carol A. Maul to be appointed to fill Peter Netka's unexpired term extending through July, 1990. Ms. Maul resides in District 4 and has served on the Central City Neighborhood Council. She is interested in the development and the future of her neighborhood and community. Mr. Netka lives in District 3. If Ms. Maul is appointed, the board will consists of three citizens from District 1, two from District 2, two from District 3, three from District 4, two from District 5, one from District 6 and two from District 7. Glenda Armour to be appointed to fill a vacant position, for a term extending through July, 1992. Ms. Armour resides in District 1. She has assisted in NAACP fundraisers to assist young people to go to college. Ms. Armour is a strong advocate for increasing available housing in the City. (See Ms. Maul 's entry for board distribution) TRACY AVIARY BOARD Karel Doop McDono gh to fill Virginia A. Walton's unexpired term, extending through October 31, 1990. Ms. McDonough resides in District 5 and served on the original board of directors of Neighborhood Housing Services. She is a member of the Salt Lake Opera Theatre Orchestra. Ms. Walton lives in District 4. Of the eight voting members of the board who live in the City, none live in District 1, two in District 2, two in District 3, none in District 4, two in District 5 ( including Ms. McDonough), none in District 6 and two in District 7. PLANNING AND ZONING COMMISSION Victoria Palacios to be appointed to replace Kathy Wacker, for a term ending December 31, 1990. Ms. Palacios, a lawyer, resides in District 5. She is very active in community affairs and currently serves as a member of the Coalition for Utah's Future and as a member on the Mayor's Advisory Committee of Salt Lake City Tomorrow Project. She is a also a member of the Utah Prison Association and is the Chair of the Utah State Board of Pardons. Ms. Wacker lives in District 3. If Ms. Palacios is appointed, one official member will live in District 1, one in District 2, two in District 3, one in District 4, two in District 5, two in District 6 and one in District 7. PAGE TWO MOSQUITO ABATEMENT DISTRICT Curtis Decker to be appointed to replace Lynn M. Thatcher, for a term ending December. 31, 1990. Mr. Decker worked for Safeway Stores for 43 years and is a member of the American Legion. He lives in District 2 and is confident he can help the City by serving on this board. Mr. Thatcher lives in District 6. If Mr. Decker is appointed, the five members of the abatement district will consist of three members from District 1, one from District 2 and one from District 6. URBAN FORESTRY BOARD Christine Chalkley to be appointed to fill Barbara Jean Ray's unexpired term extending through April 8, 1992. Ms. Chalkley resides in District 6. She is a member of the State Arboretum of Utah and is a construction volunteer for Habitat for Humanity. Ms. Chalkley's goal is to improve the City's vegetative resources. According to the qualifications, each Council District must have one member on the board. The two appointments to the Urban Forestry Board retain that balance. Pamela R. Heal to be appointed to fill Robert Adams' unexpired term extending through April 8, 1992. Ms. Heal, a member of the Utah Heritage Foundation, resides in District 5. CENTRAL BUSINESS IMPROVEMENT DISTRICT Mike Martin to be appointed to fill Daniel McNeer's unexpired term extending through January, 1991. Mr. Martin is the President of J. Michael Martin Properties and a partner with Hill Martin Property Management and Hill Martin Real Estate Company. He currently serves on the City's R/UDAT Steering Committee, the Mayor 's Capitol City Committee and the City's Winter Games Organizing Committee. Like Mr. Martin, Mr. McNeer does not live in the City. PAGE THREE REAPPOINTMENTS SALT LAKE CITY LIBRARY BOARD Alicia Suazo to be reappointed to serve a second term extending through June 30, 1992. Ms. Suazo is a school teacher and lives in District 1. Verda Mae Christensen to be reappointed to serve a second term extending through June 30, 1992. Ms. Christensen teaches English, debate and creative writing at Highland High School and resides in District 1. SALT LAKE CITY/COUNTY BOARD OF HEALTH Cindy Gust-Jenson to be reappointed to a second term extending through August 29, 1994. Cindy resides in District 5. COMMUNITY DEVELOPMENT ADVISORY COMMITTEE Rosemarie Rendon to be reappointed to fill a second term extending through July, 1992. Ms. Rendon lives in District 1 and is active in several health-related organizations in the community. Ranae Pierce to be reappointed to fill a second term extending through July, 1992. Ms. Pierce resides in District 3. She is a member of SLACC and served as President of the Greater Avenues Community Council in 1986. Rawlins Young to be reappointed to fill a second term extending through July, 1992. Mr. Young lives in District 7. Marion Willey to be reappointed to his first full term extending through July, 1992. Mr. Willey resides in District 2 and has been involved in housing rehabilitation. TRACY AVIARY BOARD Kevin Anderson to be reappointed to fill a second term extending through October, 1991. Mr. Anderson, an attorney, has been a long-time supporter of the aviary and a member of the board since it was organized. He resides in Sandy, but the membership qualifications for the board only require members to reside in the state. PLANNING AND ZONING COMMISSION Ralph Becker to be reappointed to fill his first full term extending through June 30, 1993. Mr. Becker resides in District 3 and has extensive experience in environmental law. PAGE FOUR LaVone Liddle-Gamonal to be reappointed to a second term, extending through July 31, 1992. She is an Administrative Law Judge and resides in District 6. SALT PALACE/FINE ARTS BOARD Anthony L. Rampton to be reappointed to fill his first full term extending through July 1, 1992. Mr. Rampton, a lawyer, resides in District 3. SALT LAKE ART DESIGN BOARD Charles Loving to be reappointed to fill a second term extending through March 8, 1992. Mr. Loving resides in District 4 and is the Assistant to the Director at the Utah Museum of Fine Arts. Kip K. Harris to be reappointed to fill a second term extending through March 8, 1992. Mr. Harris is an architect and resides in District 3. # # # A K BOARD Elaine B. Weis, Chair o PALMER A. DEPAULIS, Mayor >- Curtis E.Ackerlind,Jr. • J.Alan Blodgett • Don A.Mackey --- LOUIS E. MILLER Eddie P. Mayne • Joseph Rosenblatt A ,::; ; Director of Airports Patrick A. Shea • Thomas K.Welch0 A September 6, 1989 Willie Stoler, Chairperson and Salt Lake City Council City and County Building 451 South State, Roan 304 Salt Lake City, Utah 84111 Dear Chairperson Stoler and Council Member: Subject: Intprinral Agreement for arress to the Utah State Bureau of Criminal Identification's computPrized data base between Salt Lake City Corporation and the State of Utah. Fiscal Impact: None Digcnssion: The Airport Authority's Operation Division frequently requires aczpP,s into the State's computerized criminal files asgnni ated with our legitimate law enforcement functions and responsibilities. The State requires that law enforcement agencies execute a User's Agreement. This agreement requires that agencies iiRP and disseminate the information in compliance with privacy and other acts. Access is provided without fee. Recommendation: It is fly requested that you approve an interlocal agreement for use of the State's criminal data base by the Airport Authority. Si Y. s E. Miller Enclosures Salt Lake City Airport Authority •AMF Box 22084, Salt Lake City, Utah 84122•(801) 575-2400•Telefax: (801) 575-2679 RESOLUTION NO. OF 1989 AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND UTAH BUREAU OF CRIMINAL IDENTIFICATION, A DIVISION OF UTAH DEPARTMENT OF PUBLIC SAFETY WHEREAS, Title 11 , Chapter 13, U.C.A. , 1953, as amended, allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purposes; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1 . It does hereby approve the attached agreement generally described as follows: An agreement for computer access to the State' s criminal identification and information files. 2. Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is hereby authorized to execute said agreement on behalf of Salt Lake City Corporation and to act in accordance with its terms. Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: CITY RECORDER • RLM:rc " ' �( G • UTAH STATE BUREAU OF CRIMINAL IDENTIFICATION USERS AGREBIE T pF THF•-- .� -- ice„ .���•"9i+• • rousr�r• �• �.: W� • �•: OF , ‘. fJ. /896 cc • ry \i'; 1,5 TM W r014 'c3i�Gf�. L)3j ' tzTAs UTAH STATE BUREAU OF CRIMINAL IDENTIFICATION USERS AGREEMENT PARTIES. This agreement is made and entered into this day of , 19 , by and between the Utah Bureau of Criminal Identification, a criminal justice agency operating under the authority of the Utah Department of Public Safety, Administrator of the Utah Criminal Justice Information System, hereinafter referred to as "Control Terminal Agency (CTA)", and SALT LAKE CITY CORPORATION • hereinafter referred to as "Terminal Agency (TA)". GOVERNING LAW. This agreement shall be governed by and interpreted under the laws of the State of Utah. PURPOSE OF AGREEMENT. ` Information that`flows across computer lines is subject to human error. Because the information that law enforcement deals with is vital to safeguarding the lives and property of citizens in this country, assurances must be made that the information disseminated is the most accurate and timely it can possibly be. This agreement specifies the Disseminating Agency responsibilities of insuring accurate, complete, and timely information as it pertains to: A. Utah Computerized Criminal History (UCCH). B. National Crime Information Center (NCIC). C. National Law Enforcement Teletyr;e System (NLETS) D. Utah Division of Motor Vehicles (DAMN). F. Utah Driver License Division (DLD). :n addition, this agreement provides for secsrity and privacy of information, in that dissemination to other criminal justice agencies shall be limited to purposes of the administration of criminal justice and criminal justice agency employment, and dissemination to other individuals and agencies shall be limited to those authorized by federal and state regulations and shall be to the cur;ose(s) :or which _ _ was 7iven and may not be disseminate: each Terminal _ - - -.-._._._. ?er:a:n_. will _ - , . . :.__ _. -- :=.10 -;,ram each _ UTAH TERMINAL AGENCY USER AGREEMENT I. INTRODUCTION. Since their inception, NCIC and NLETS, have operated under a shared management concept between their agencies and the state users. A single state agency in each state was appointed to assume the responsibility as the Control Terminal Agency (CTA). In the state of Utah the CTA is the Bureau of Criminal Identification (BCI), Department of Public Safety. . BCI's responsibilities under this shared management concept includes provision of: • • 1. Timely information on all aspects of system usage by means of the BCI Operations Manual, Terminal Operators Guide, Mat-- Teletlepeeitide, NCIC Operating Manual, and related documents. 2. Staff research assistance. • 3. ''Training and training materials. 4. Accurate and timely NCIC transactions. 5. Complete and accurate Utah Criminal History Record Information and other criminal justice information as is available. The following documents are incorporated by reference and made part of this agreement: 1. BCI Operations Manual 2. Utah Code Annotated 77-26 3. Title 28, Code of Federal Regulations, Part 20. 4. National Crime Information Center (NCIC) Operating Manual (including Triple I and Computerized Criminal History (CCH) concept and policy). 5. Minutes, by laws and standards of the NCIC Advisory Policy Board and Regional Working Groups. 6. National Law-Enforcement Teletype System (NLETS) Manual. 7. Applicable federal and state laws and regulations. II. DEFINITIONS. Following the same concept of shared management and in compliance with national regulation, each agency that houses a terminal accessing BCI controlled information is designated as a Terminal Agency (TA) and must appoint a Terminal Agency Co-Ordinator (TAC). The responsibilities of the TA and the TAC as they pertain to BCI controlled files are outlined in this agreement. 1. TERMINAL AGENCY (TA) An agency housing a terminal authorized to State of Utah, Bureau of Criminal Identification controlled files and providing service to its criminal justice users with respect to NCIC, NLETS, UCCH, Driver License and Motor Vehicle files. 2. TERMINAL AGENCY CO-ORDINATOR (TAC) A TAC representative shall be appointed by the head of each TA. . The TA must allow the TAC sufficient time to perform all necessary duties related to TAC responsibilities. The TAC and his/her agency will be responsible for: - Monitoring system use; - Enforcing system discipline; .e Attending TAC training held by BCI; - Provide local training of all personnel authorized access to BCI controlled files; - Proper certification of all terminal operators; - Insure all materials, manuals, policies and procedures from BCI are properly distributed and maintained; - Assure that BCI operation procedures are followed by all users of the BCI controlled files; - AlI other related duties as outlined by this agreement. III. SECURITY. The Terminal Agency is required to protect its information against unauthorized access, ensuring confidentiality of the information in accordance with state and national laws, policies, regulations, and standards. Terminal Agencies must provide physical security where terminal devices are located. IV. DISSEMINATION. That all information released is in accordance with applicable laws and regulations, as indicated in this agreement under each individual file. V. AUDIT. A Terminal Agency (TA) shall submit to a BCI audit on an annual basis. The object of this audit is to verify adherence to policy and regulations and is • termed a compliance audit. A compliance audit may be conducted on a more frequent basis should it be' necessary due to failure to meet standards of compliance or should-BCI receive any allegations of security violations. TA may be audited at least once every two years by FBI NCIC staff. TA must institute a program of auditing those agencies accessing information thru their agencies terminal. A. UTAH' COMPUTERIZED CRIMINAL HISTORY FILE (UCCH) UCQ-I services include providing user with: I. Furnish User with complete and accurate criminal history record information as is available in the Utah Computerized Criminal History files (UCH,-?). Responsibilities of Terminal Agency (TA) as a user of Utah Computerized Criminal History Files System includes: I. Abide by all present _ lt,s_ policies and procedures of UCH as approved by the Commissioner of Public Safety as well as any rules, policies and procedures hereinafter adopted by BCI and approved by the BC Staff. Commissioner of Public Safety, and Attorney Generals ce. :-_ _tenlemenr_ -ea o,ac _ -- . _ .-__-_: ri _y -o �r^ _ ';C._._ nrormat i ; III. When it is determined UCCH information is no longer needed it must be destroyed in a manner that secures its privacy. (i.e. shred, burn, etc. ) IV. Information used in-house by TA will be limited to authorized personnel only. V. Information will be disseminated to authorized personnel at non-terminal law--enforcement agencies for purposes of the administration of criminal justice and criminal justice agency employment only. VI. Private citizens requesting to access their own UCCH files must be directed to BCI where fingerprints will be taken to insure proper identification before record information is released to an individual. This does'not include requesting information that pertains to the local agency files only. Law Enforcement Agencies are encourged to insure proper identification of the individual prior to releasing local information. (i.e. Driver License, State ID Card, Social Security Card, etc. ) VII. Not giving, confirmation of the.existence or non-existence of UCCH • information to any person or agency that would not be eligible' to receive the 'complete UCCH information. VIII. Dissemination of. information will follow the procedures set forth by the Bureau of Criminal Identification. IX. A record of dissemination of criminal history information must be maintained at least twelve (12) months. B. NATIONAL CRIME INFORMATION CENTER (NCIC) NCIC Services include providing user with the capability of communicating with and receiving responses from all current and future NCIC files as follows: - Article - - Canadian War7anr �_-._ nil __ .iLiccoarea iuenticaticn - Missing Person - Securities - Unidentified Person - U.S. Secret Service Protective - Vehicle - Wanted Person - ZO - ORI number interpretation Responsibilities of Terminal Agency (TA) as a user of National Crime Information Center (NCIC) System includes: I. ADHERENCE.. Abide by all present rules, policies and procedures of NCIC as approved by the NCIC Advisory Policy Board as well as any rules, policies and procedures hereinafter adopted by NCIC and approved by the NCIC Advisory Policy Board. II. TIMELINESS. The primary responsibility for the entry and maintenance of accurate, timely, and complete records lies with the entering agency. 1. ENTRY/MODIFICATION . NCIC records must be entered promptly to insure maximum system effectiveness. WANTED/MISSING PERSON FILE. A timely entry/modification in the Wanted/Missing Person File is one made immediately once: A. The decision to arrest or authorize arrest has been made; and B. The decision has been made as to whether and '.ow far to go for extradition. �i_e chat, of wanE or date of warrant must ,e the data wnich ail those decisions are mace. Lei en` -r -7cd;lcat_on 'i?n_c_ ?late/?ar' __. ;ne amediacel' )nce _ -o ;__ - :oe _.. yi-.. o_ ._ GUN/ARTICLE/SECURITIES FILE. Timely entry of Gun/Article/Securities information means within a few hours of the time complete information is available. 2. REMOVAL. WANTED/MISSING FILE. A timely removal from the Wanted/Missing File means an immediate removal once the originating agency has documentation the fugitive has been arrested or is no longer wanted. r ALL OTHER FILES.. A timely removal from all 'other NCIC files means an immediate removal when recovery is made or it is determined maintaining the • • entry serves no further purpose (i.e. length of time, unable to contact victim, etc.). 3. . INQUIRY. Timely system inquiry means initiation of the transaction before an officer begins writing an arrest or citation document of any kind and also, inquiry prior to the release of a person who has been incarcerated, and inquiry upon those who appear at a custodial facility to visit inmates. III. VALIDATIONS. .Validation listings are prepared pursuant to a schedule as published in the NCIC Operating Manual. Appropriate portions of this listing are • mailed to the agency of entry for validation. Validation obliges the ORI to confirm the records are complete, accurate, and still outstanding or active, within the specified period of time indicated on the materials. r. x_C 7 RC':. .. e is ur.sc _ _.:.i 711::. -~C .'s(_��. -ter^. ..'_ .. _._�.i ,a =he _nves. .. , --.. V. HIT CONFIRMATION. An originating agency must, within ten minutes, furnish to an agency requesting a record confirmation, a response indicating a positive or negative confirmation or a notice of the specific amount of time necessary to confirm or reject. VI. TRIPLE I (III) III must be used for criminal justice purpose or criminal justice employment only. Due. to variance in state laws and policies, the III cannot be used for licensing or non-criminal justice employment purposes. VII. NCIC HIT LOCATES A locate message must be transmitted to BCI when an agency other than the originating agency of the NCIC record finds the missing person, apprehends the wanted person, or recovers the property on file in NCIC. C. NATIONAL LAW ENFORCEMENT TELETYPE SYSTEM (NLETS) NLETS services include providing user with: I. 24 hour Communications Network linking all law enforcement in: - The Continental United States - Hawaii - Alaska - Puerto Rico II. Communication acilities to the following StaLe and Federal ._ - of of C;rr ctions .;anagement '7,aszcms Secret Service - Internal Revenue Service - Military Provost Marshals III. Rapid confirmation of NCIC hits with the feature of a hardcopy. IV. Near instantaneous response to computer based inquiries originated at any point in the United States. V. High performance communication service, which enables law enforcement agencies anywhere in the United States to exchange vital information within seconds of any incident. Responsibilities of Terminal Agency (TA) in the National Law Enforcement Telecommunication System includes: I. Abide by all present rules, policies and procedures of NLETS as approved by the NLETS Governing Board as well as any rules, • policies and procedures hereinafter adopted by NLETS as approved by the NLETS Governing Board. II. No information delivered from NLETS is to be used for any purposes other than what was originally intended. III. NL±15 has provided its users with a "Control Field" in the • message which must be returned to the user in all responses to - the original message. IV. All traffic over the system must be in the prescribed message form. Unnecessary messages with superfluous verbage or embellishments are prohibited. V. No use of non-standard abbreviations. VI. Departments originating want messages of any type must cancel these messages when they no longer apply. VII. Cannot be used for: 1. No social announcements, (i.e. , Christmas messages, retirements, convention notices, death or funeral announcements) . (This exc'_udes the report of the FBI regarding -;e death of ool ce officers For planning, research and train _ ,.7 .Ur s'S. ' 2. vo _ .._rui t__ng of personnel. 3. Messages in which the complainant is interested only in the recovery of property. 4. No attempts to locate vehicle (breach of trust) without warrant. For the protection of the arresting officer, messages should not he dispatched until a warrant is secured. 5. No excessingly long messages. 6. No transmission of subpoenas. 7. Use of vehicle registration .or driver's license information obtained via NLETS is limited .to law enforcement, criminal justice, or DMV purposes only. Curiousity inquiries are forbidden. D. UTAH DEPARTMENT OF MOTOR VEHICLE FILES (DMV) DMV services include providing user with access to registration information in the following files: I. Motor Vehicle Information by License Number. II. Motor Vehicle Information by Vin Number. III. Motor Vehicle Information by Owner Name. IV. Recreational Vehicle Information by License Number. V. Recreational Vehicle Information by Vin Number. VI. Recreational Vehicle Information by Owner Name. VII. Recreational Vehicle Information by State Assigned Number (Boats only). Resoonsibilit'T of Terminal Agency as a user of the Utah Department of Motor Vehicle Flies : i. ;.h . :e ev ail present rules, policies and procedures of the JL to:Or Ven_ _ -as approved 5'7 the D' v' :_ n Li rec`or as as ;nv _ _1. _cies _..d D ceo re i ., _ adc:D%ed ;)v Di 'otJT 'vehicle as aco oved :V Division Director. r . _� 'wl w_,ded .:cies only. IV. Purposes of a civil nature which include requests for Division of Motor Vehicle information will be referred to- the Division of Motor Vehicles- to be handled in accordance with Motor Vehicle policy and procedures. E. UTAH DRIVER LICENSE DIVISION FILES DLD services include providing user with access to: • I. Driver License Division information by Operator License Number. t II. Driver License Division information by Operator Name. Responsibility of Terminal Agency as a user of the Utah Driver License Division Files: I. Abide by all present rules, policies and procedures of the Driver License Division as approved by the Division. Director as well as any rules,' policies and procedures hereinafter adopted by Driver License Division as approved by the Division Director. II. Information will be provided to criminal justice agencies only. III. Information will be used for criminal justice purposes only. IV. Purposes of a civil nature which include requests for Driver License Division information will be referred to the Driver License Division to be handled in accordance with Driver License Division policy and procedures. SANCTIONS These sanctions should be viewed as part of the package of an improved user agreement and proactive quality assurance measures. Discontinuance of System access for a TA is the ultimate sanction available to BCI management for enforcement of System policy, procedures, and non-compliance. Usually problems of a serious nature are corrected quickly through telephone conversations among the parties involved. Each case has peculiarities of its own. CONSIDERATIONS GENERAL: • - Failure to comply with this agreement and those documents referenced in this agreement. - Failure to comply with the rules, regulations, policies and procedures of those agencies files that are BCI controlled for law-enforcement access. - Misuse of any BCI controlled files. •- Improper dissemination of information from BCI controlled files. - Unsatisfactory TA audit and•-failure to comply after notification and appropriate time allotment for correction (30 days). - - Failure to assure security of equipment and data. - Failure to provide qualifies operators. NCIC - Failure of prompt and proper handling of NCIC hit confirmation requests. - Failure to notify BCI of all confirmed NCIC hits. - Failure to complete NCIC entries/modifications/removals promptly. - Failure to make complete NCIC entries. - Failure to validate or unsatisfactory validation. - Entry of invalid or non-qualified records. 1. SUSPENSION .BCI reserves the right to immediately suspend ser7icas in any BCI controlled file when rules, policies, procedures or contents of this agreement have been violated. BCI Will reinstate services in such instances upon receipt of sat s actor ' assurance such violation has been corrected to the satisfaction of BCI. 2. FINE Terminal Agency or Individual also agrees to be subject to a misdemeanor and/or a fine for knowingly violating this agreement or any rules, policies and procedures of BCI controlled files. (Per Utah Code 77-26-20) 3. CANCELLATION 1. This agreement may be terminated by BCI or Terminal Agency upon thirty (30) days written notice by either party after a determination that the information is no longer needed. 2. This agreement may be terminated by BCI immediately if it is determined that the Terminal Agency is no longer supported by the necessary documents which grant the right and privliage of such access. 4. REMOVAL - Removal from the system due to serious error trend. - Failure to comply after notice of non-compliance. - Failure to comply with rules, regulations and procedures after notification of such violations. Upon satisfactory proof TA has corrected its deficiencies, BCI may reinstate. INDEMNNIFICATION The Terminal Agency or Individual hereby agrees to idemnify and save harmless the State of Utah, the System, and the System's officers, agents-and employees from and against any and all loss, damages, injury, liability, suits, and proceedings howsoever caused, arising directly or indirectly out of any action or conduct of the Terminal Agency or Individual in the exercise or enjoyment of this agreement. ACKNOWLEDGEMENT As a Terminal Agency (TA) accessing BCI controlled files, I hereby acknowledge the duties and responsibilities as set out in this document as well as those documents incorporated by reference. I acknowledge that these duties and responsibilities have been developed in order to ensure the reliability, confidentiality, completeness, and accuracy of all records contained in the BCI controlled files. I further acknowledge that a failure to comply with these duties and responsibilities will subject my agency to various sanctions as approved by BCI. These sanctions may include the termination of access to any or all of BCI controlled files. SALT LAKE CITY CORPORATION DATE 0 ATTEST: CITY RECORDER COMMISSIONER OF PUBLIC SAFETY DATE CONTROL TERMINAL AGENCY (CTA) CHIEF, BUREAU OF CRIMINAL IDENTIFICATION DATE CONTROL TERMINAL AGENCY OFFICER (CTO) Di/ LAKE BOARD Elaine B. Weis, Chair PALMER A. DEPAULIS, Mayor D Curtis E.Ackerlind,Jr. • J.Alan Blodgett • Don A.Mackey — LOUIS E. MILLER Eddie P. Mayne • Joseph Rosenblatt 1 Director of Airports Patrick A. Shea • Thomas K.Welch AU August 29, 1989 Mr. Willie Stoler, Chairman and Salt Lake City Council r City and County Building 425 South State, Room 304 Salt Lake City, Utah 84111 Dear Chairman Stoler and Council Members: Subject: Interlocal Agreement for use of firing range at Salt Lake City International Airport between Salt Lake City Corporation and the Department of Treasury, U.S. Customs Service. Fiscal Impact: None Discussion: City will allow U.S. Customs Service agents to use the Airport firing range in accordance with Airport Authority rules and regulations for such use, for a period of three (3) years. In consideration for such use, the Department of Treasury, U.S. Customs Service agrees to indemnify City against any and all losses, damages, claims, liabilities, and causes of action of very kind or character, as well as costs, including attorney' s fees, connected therewith and the expenses of investigation thereof, based upon or arising out of their agents' use of the firing range. Recommendation: It is respectfully requested that you approve an interlocal agreement for use of firing range by the Department of Treasury, U.S. Customs Service agents. Respec lly sub/itted, Louis E. Miller Salt Lake City Airport Authority•AMF Box 22084, Salt Lake City, Utah 84122•(801)575-2400•Telefax: (801)575-2679 RESOLUTION NO. OF 1989 AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION, AND THE UNITED STATES DEPARTMENT OF TREASURY, U.S. CUSTOMS SERVICE WHEREAS, Title 11, Chapter 13, U.C.A. , 1953, as amended, allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to x accomplish said purposes; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1. It does hereby approve the attached agreement generally described as follows: An agreement allowing the Department of Treasury, U.S. Customs Service to use the City' s International Airport firing range. 2. Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is hereby authorized to execute said agreement on behalf of Salt Lake City Corporation and to act in accordance with its terms. Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: CITY RECORDER 1NTERLOCAL AGREEMENT FOR USE OF FIRING RANGE AT SALT LAKE CITY INITIONAL AIRPORT THIS AGREEMENT is made and executed this day of , by and between SALT LAKE CITY CORPORATION, a municipal coLpLation of the State of Utah, hereinafter "City", and Dept. of Treasury, U.S. Customs Service , hereinafter "Permittee" W I T N E S S E T H : WHEREAS, the City has constzucted an through its Airport Authority is operating a firing range at its International Airport; and WHEREAS, Permittee desires to obtain the use of said firing range for its - police or other certified pearIP officers. NOW, THEREFORE, in consideration of the premises, the parties agree as follows: 1. City agrees to allow Permittee's pol i cP to uti 1 i 7p the City's airport firing range in aaoordarce with rules and emulations as established by the Airport Authority and upon a schedule and for such fees as may be set and determined by the City's Director of Airports. 2. In consideration for such usP, Permittee agrees to indemnify, save harmless and defend the City, its officers, agents and employees frcau and against any and all losses, damages, claims, liabilities, and causes of action of every kind or character, as well as all costs, including attorney's fps, connected with and the expenses of investigation thereof, based upon or arising out of Permittec's police or other certified re officers' use of cid firing range. 3. The term of this Agreement shall be for a period for three (3) years. Iiawever, either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. 4. This Agreement cannot be assigned by Permittee without the prior written consent of City. • 5. - This Agreemnt constitutes the entire agreement between the parties pertinent to the Permittee's use of the City's firing range oat the City's International Airport, and it cannot be amerced or altered except through a written instzunent which is signed by both parties. IN WITNESS WHEREOF, tie parties have signed this Agreement to be effective as of the day and year first above written. SALT LAKE CITY CORPORATION BY MAYOR ArlTbT: ���Commirsion4Pe s° CITY RECORDER July �rZ Juiy18 9 2 (PERMI IT.±.) ANG E R. f3E' ks BY 2C.3 a ye y if. -; . ,,fit%, ..h Al 1't• T: '+41 c. ..k i Subecrited and sworn to be1ors mg this�dayoi� , , _ice . N otaty Public Residing in Salt Lako City,UT (ti./Lyi, ., /<2 6.&-ri tl STATE OF UTAH ) ss. County of Salt Lake) On the day of , 198 , personally appeared hPfore me PALMER A. DEPAULIS and KATHRYN MAR SHALL, the signer's of the foregoing instrurnent, who being by me duly sworn, did say that they are the Mayor and City Recorder, respectively, of SALT LAKE CITY CORPORATION, a municipal corporation of the State of Utah, and said perscris acknowledged to me that M d corporation executed the same. NOTARY PUBLIC, residing in My Commission Expires: Salt Lake County, Utah • yi +r, 1,; AJ. OFFICE-DF.;THE CITY;:COUNCIL .SUITE 300:CITY HALL. 324,SOUTH.STATE STREET a 'SALTIx,AKECi'>:?YmU_TA714.341fi-- .:�"585:76067,4 : MEMORANDUM To: City Council Date: September 29, 1989 From: Cam Caldwell Subject: Two Ordinances Councilmember Wayne Horrocks has been working with the City Attorney's Office and the Fire Department to develop two ordinances related to recovering the costs of the Fire Department when residents or business owners are particularly negligent.. The first ordinance is an ordinance to recover the costs associated with cleaning up a Hazardous Materials spill. This ordinance is on the agenda for referral to Committee of the Whole. The second ordinance is to recover costs associated with a fire that is negligently caused, such as a circumstance where a vacant building has not been secured and the City has contacted the owner several times. The second ordinance has already been referred to Committee of the Whole, but has bot yet been discussed. I have met with Bruce Baird and Frank Florence regarding both of these ordinances. The Fire Department is supportive of the ordinances and is developing a mechanism to use in determining when to attempt to assess a charge, consistent with ordinance language. In addition, they are developing standards for assigning a fair and equitable cost for responding to a hazardous materials incident or a negligently caused fire. These two items are tentatively scheduled for a Committee of the Whole discussion on October 5th. -1 SALT LAKE CITY ORDINANCE No. of 1989 (Hazardous Material Emergency Cost Recovery Ordinance) AN ORDINANCE AMENDING TITLE 9 OF THE SALT LAKE CITY CODE RELATING TO HEALTH AND SAFETY BY ADDING CHAPTER 9 . 44 DEALING WITH COST RECOVERY FOR HAZARDOUS MATERIALS EMERGENCIES. WHEREAS, the 1989 Utah State Legislature passed Senate Bill No. 95 allowing local governments to establish procedures and collect costs for the local government' s response to hazardous materials emergencies; and WHEREAS, the City has determined that such cost recovery would be in the best interest of the City; NOW, THEREFORE, Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Chapter 9 .44 is hereby enacted to read as follows: 9.44.010 Purpose. This chapter shall provide procedures for recovering costs incurred by the City for City assistance in hazardous materials emergencies pursuant to §63-5-6( 4) , Utah Code Annotated. 9.44.020 Definitions. As used in this chapter: (A) "Hazardous materials emergency" means a sudden and unexpected release of any substance that, because of its quantity, concentration or physical, chemical, or infectious characteristics, presents a direct and immediate threat to public safety or the environment, and requires immediate action to mitigate the threat. e (B) "Expenses" means the actual labor costs of government and volunteer personnel including worker' s compensation benefits, fringe benefits, administrative overhead, costs of equipment, costs of equipment operation, costs of materials, costs of disposal and the cost of any contract labor and materials . 9.44.030 Recovery Authorization and Procedure. The City is hereby empowered to recover from any person, corporation, partnership or other individual or entity whose negligent actions cause the hazardous material emergency expenses incurred by City agencies directly associated with a response to a hazardous materials emergency pursuant to the following procedure: (a) The City shall determine responsibility for the emergency and notify the responsible party by mail of the City' s determination of responsibility and the costs to be recovered. (b) The notice shall specify that the determined responsible party may appeal the City' s decision before a hearing officer designated by the Mayor and establish a date by which the notice of appeal shall be filed. The appeal date shall be no less then fifteen ( 15 ) days from the date of the notice. (c) In the event the determined responsible party appeals the determination, the hearing officer shall hold a public hearing to consider any issues raised by the appeal, at which hearing the appealing party and the City shall be entitled to present evidence in support of their respective positions. (d) The hearing officer shall, after the hearing, make a recommendation to the Mayor who shall issue a decision assessing responsibility and costs. -2- 9.44.040 No Admission of Liability. The payment of expenses determined owing under this chapter does not constitute an admission of liability or negligence in any legal action for damages. 9.44.050 Action to Recover Costs. - In the event parties determined to be responsible for the repayment of hazardous material emergency costs fail to make payment to the City within thirty (30) days after a determination of any appeal by the Mayor or thirty (30) days from the deadline for appeal in the event no appeal is filed', the City may initiate legal action to recovery from the determined responsible parties the costs determined to be owing, including the City' s reasonable attorney' s fees. SECTION 2. This ordinance shall take effect immediately upon publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . CHAIRPERSON ATTEST: CITY RECORDER -3- Transmitted to the Mayor on Mayor' s Action: Approved Vetoed. MAYOR ATTEST: CITY RECORDER BRB:pp -4- i e � I I t D SALE° r^) a►e i CM,P ! A', �I�.:E_ CRAIG E. PETERSON -- .1 Wit ` .=,- .'°�vE-�-`.' 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: Proposed Ordinance Regulating Home Businesses Recommendation: That the City Council hold a public hearing on November 14, 1989 at 6:30 p.m. to discuss a proposed ordinance regulating home businesses. Availability of Funds: Not applicable Discussion and Background: The current home business ordinance was drafted in the late 1940's and the language contained therein does not apply to the wide variety of requests we process now. The intent of this ordinance is ' to protect the residential character of the neighborhoods while still permitting residents to conduct limited business activities in their home. This ordinance will allow a broader range of business activities with performance standards to insure that such activities will not negatively impact the neighborhood. Legislative Action: The City Attorney's Office has prepared and approved the necessary ordinance and is ready for your action. Su mitted by: ti,/4..?,,,,/ 1CUIL/( MICHAEL B. ZUHL Acting Director Community and Economic Development ALLEN C. JOHNSON, AICP "'��". "f\ a"altY1 gr `"`t� HI®N BRENT B. WILDE PLANNING OIHECTOH DEPUTY DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT SUPERVISOR PERMITS AND PLANNING DIVISION ZONING SERVICES Permits and Zoning Services 451 SOUTH STATE STREET ROOM 215, CITY AND COUNTY BUILDING SALT LAKE CITY, UTAH 84111 TELEPHONE535-7751 August 9 , 1989 Craig Peterson , Director Community & Economic Development �l�U Salt Lake City Corporation 451 South State Street , Room 218 .—q Salt Lake City, Utah 84111 r- Dear Craig , I hereby respectfully submit a revised ordinance regulating home businesses ( 21 .04 . 275 ) for City Council review and adoption . The Planning Commission approved the revised ordinance at their July 13 , 1989 meeting . This ordinance revision was initiated by the Planning Staff in response to a request by the City Council to review the City' s home business ordinance . The ordinance was drafted in the late 1940 ' s and the language contained therein is vague when applied to the wide variety of requests we now process daily. The intent of the ordinance is to protect the residential character of the City' s neighborhoods while still permitting residents to conduct limited business activities from their home . As proposed , this ordinance revision will allow a broader range of business activities to be conducted from the home while performance standards contained therein will insure that such activities will not negatively impact the neighborhoods. Due to the nature of the home occupation ordinance , I recommend that we brief the City Council before the hearing . Sincerely, Allen C. John on , A. I . C. P . Planning Dir tor I:1 • '- Ai I: T SALT LAKE CITY ORDINANCE No. of 1989 (Home Occupation Ordinance) AN ORDINANCE AMENDING SECTION 21 .04.275, SALT LAKE CITY CODE, CHANGING THE DEFINITION OF "HOME OCCUPATION" AND AMENDING CHAPTER 21 .20, SALT LAKE CITY CODE, PROVIDING A NEW ARTICLE III DEALING WITH HOME OCCUPATIONS. WHEREAS, the City' s current restrictions concerning home occupations as specified in Section 21 .04. 275 need to be amended to reflect changing work conditions and technology; and WHEREAS, the City Council has held hearings before its own body and before the Planning Commission on such changes and believes the following ordinance to be appropriate; NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Section 21 .04. 275 , Salt Lake City Code, be, and the same hereby is, Amended to read as follows: 21.04.275 Home occupation. [AH "Home occupation" means [any use conducted entirely n residing in ne- dental and :iccondary to the use of the dwell ' g—purposes and d ereof, and in conned—w-ith which—there i-s The—home—shall be t e home ed--i t-ie s, ex-eeg 1 not a-rage, whether attached or detached, shall not be considerede dwelling. B. In particular, a home occupations • s-lroz limited to, the following: 1 . The use of the home by a physician, surgeon- dentist, lawyer, engineer or other professional person for consultation or emergencysueh profession -when that practice fa normally a oeiated-- -some other zoning district; 2. The occupation of a dressmaker, milliner, seamstress-or tailor who has no assistants ' es voiee, piano or-other indi i-duar--music l inrstrumen' , i ted to a single pupil at a time; l drop; and 5. An office for bookkeeping purposes when the bu conducted away from the home. C. In all cases where a home-occupation-is-being engaged ccupat ' , dow displays or signs except as hereinafter permitted, and no employees. Except for t sportation- there shall be no vehicles, equipment-or-merchandise on the p ate no vehicular traffic e zone in which it is located. -2- D. "II tergreted to include the following: 1 . Barber shops and beauty Shops; 2. Commercial stables; 3. Kennels; 4. Real estate officca, other than an individual in his or her own home as outlined above; or pil at a time; 6. Band instrument instruction in groups; and 7. Registered home day care of rcgi3tered home—gre moors . -nucd eempliance- with the provisions of this title. F. Home occupation licenses shall be -valid for the her-e en t a-1- characteristics which may lead to termination of the home occupation. the commercial or business use conducted within a residential dwelling unit subject to the terms and conditions specified in Section 21 .20.080. SECTION 2. That Section 21 . 20.010 H. , Salt Lake City Code, be amended to read as follows: 21.20.010 *** H. Home occupations[;-] as specified in Section 21 . 20. 080, et seq. SECTION 3. That Chapter 21 .20, Salt Lake City Code, be amended by adding a new Article III beginning with Section 21 . 20.080 as follows: -3- Article III. Home Occupations 21.20.080 Home occupations shall be permitted only subject to the following conditions: A. The home occupation must be clearly incidental and secondary to the primary use of the dwelling for residential purposes; B. No more than one room in the dwelling may be used for the home occupation and this room shall remain in character with the rest of the home; C. The home occupation shall not be conducted in or in any way use the garage, carport or any accessory building or any portion of the yard; D. The home occupation shall not involve any employees other than members of the immediate family related to the person conducting the home occupation and residing in the residence; E. The residence must be the principal residence of the applicant; F. Other than the applicant' s personal transportation there shall be no vehicles or equipment on the property associated with the occupation which would not normally be found at a residence. No sign advertising the occupation shall be on any of the residents' vehicles; G. No mechanical or electrical apparatus, equipment or tools shall be permitted in the occupation except those which are commonly associated with a residential use or as are customary to home crafts, and which do not exceed 110 volts; -4- H. Tools, items, equipment or occupations which are offensive or noxious by reason of the emission of odor, smoke, gas, vibration, magnetic interference or noise are prohibited; I . No stock in trade, inventory or other merchandise shall be kept on the premises for storage or sale; J. Other than businesses authorized for home instruction no clients or customers shall come to the home nor shall any vehicular traffic or parking needs be generated. For author- ized home instruction no more than one individual may be instructed at one time and no more than one place of vehicular parking by a client or customer shall be occupied at any time; K. The home occupation shall not require any internal or external alterations to the residence nor provide any visible evidence from the exterior that the building is being used for any other purpose than that of a residence; L. Only one non-illuminated name plate, not exceeding one and one half square feet, and mounted flat against the building, shall be allowed; M. Except for authorized personal instruction no advertising by any method shall identify the home address. 21.20.090 Permitted home occupations. Subject to the provisions specified in Section 21 . 20.080 the following home occupations generally are to be permitted as home occupations: A. Artists, illustrators, writers, photographers, editors, drafters, publishers; -5- B. Consultants, private investigators, field representa- tives and other similar activities where the entire work of the business except for record keeping and telephone are conducted off of the premises; C. Bookkeeping and other similar computer activities. 21.20.100 Home occupations not permitted. The following businesses are generally not qualified as home occupations: Auto repairs, general or subcontractors, beauty or barber shops, kennels or dog grooming, welding, appliance or equipment repair or service, truck hauling, vending, cabinet making, deliveries, locksmiths, stables. SECTION 4. EFFECTIVE DATE. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1988. CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor ' s action: Approved Vetoed. MAYOR -6- &"*".3 CRAIG E. PETERSON SA. { f \ CRT G 4 1 ©11 I NI -emu �s �?.:n via w� r. ...-,.. 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 Fec Exemption Recommendation: 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 fetes. 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: 119Vt'll ICHAEL B. ZT Acting Director Community and Economic Development SALT;LAKE CITY CORPOR\TION ROBERT M. BRIDGE ALLEN C. .IOHNSON, AICP BUSINESS LICENSE SUPERVISOR ,,ANNINO DIRECTOR B RENT B. VVILDE COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DIVISION Su=_, SEE EE''ES SAD Business Licensing ZO'SNG SERVICES 451 SOUTH STATE STREET ROOM 215, CITY AND COUNTY BUILDING SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7717 MEMORANDUM To: Mike Zuhl Acting Director Community & Economic Development From: Allen Johnson, AICP Director - Planning 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 mail (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[t] . 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-