09/18/1990 - Minutes PROCEODINGS OF THE CITY COUNCIL OF SALT LAKE CI P, UTAH
TUESDAY, SEPTEMBER 18, 1990
The City Council of Salt Lake City, Utah, met as the Committee of
the Whole on Tuesday, September 18, 1990, at 5:00 p.m. in Room 325, City
Council Office, City County Building, 451 South State Street.
The following Council Members were present:
Ronald Whitehead Alan Hardman Roselyn Kirk
Wayne Horrocks Tom Godfrey Don Hale
Nancy Pace
Council Chair Hardman presided at and conducted the meeting.
Councilmember Hardman called Tuesday.Councilmember Horrocks
the meeting to order at 5:05 p.'m.._ asked if the November 13th meeting
would be appropriate for the
Agenda Item D-2: Brighton Ski hearing.
Area Master Plan authorizing a
memorandum of understanding with Councilmember Hardman
the named local and State suggested they switch the October
governmental agencies to study llth meeting agenda with the
said plan. Ms. Gust-Jensen said October 16th agenda. The
this was a resolution to form a petitioner would want the hearing
committee to study the plan and set as soon as possible. There
would involve no funding or was unanimous agreement to the
further actions by the Council. rescheduling. Ms. Gust-Jenson
reminded the Council of the field
Agenda Item E-1: To set a tour of this proposal on Monday
hearing date for Petition No.s September 24, 1990 from 4:00-6:00
400-768 and 400-842 in regards to p. m.
Ensign Downs. Councilmember Pace
said this would be a controversial Agenda Item Fl- Resolution:
hearing and requested the Council Gelco Finance. Dick Fox explained
hold the hearing at the same time the Industrial Revenue Bond
as the land trade hearing between financing needed a letter of
the City Administration and Ensign credit in place to draw down on
Downs. She said it would be Industrial Revenue Bonds. This
helpful and expedient to do so. foreign firm would make printed
The non-advertised land trade circuit boards for computers.
hearing would be held the same
night, and be conducted by the Agenda Item G-1: Ordinance:
Mayor. East Downtown Master Plan
Councilmember Hardman said most of
Councilmember Godfrey said he the people which would attend
would not be here October 16, 1990 tonight's hearing, were in favor
for the discussed hearing date. of the plan.
He said October 23, 1990 would be
more preferable if it could be Agenda Item G-2: Ordinance
worked out with the Community Amendment: Theater Arena Parking.
Councils. Councilmember Hardman Bill Wright, Deputy Director of
asked if the meeting could be held the Planning Division, said this
on some day other than amendment was proposed to address
90-306
PROCIRINGS OF THE CITY COUNCIL OF SALT LAKE CI* UTAH
TUESDAY, SEPTEMBER 18, 1990
the needs of the Utah Jazz Arena,
and to acknowledge the situation
existing with the Salt Palace and
Symphony Hall.
Emilie Charles said
Neighborhood Housing Services was
interested in meeting with the
Council to discuss housing issues.
Councilmember Hardman suggested
the arrangement be made through
the Council staff.
The meeting adjourned at 5:30
p.m
90-307
PROLE. DINGS OF THE CITY COUNCIL OF SALT LAKE CII UTAH
TUESDAY, SEPTEMBER 18, 1990
The City Council of Salt Lake City, Utah, met in Regular Session on
Tuesday, September 18, 1990, at 6:00 p.m. in Room 315, City Council
Chambers, City County Building, 451 South State Street.
The following Council Members were present:
Ronald Whitehead Alan Hardman Roselyn Kirk
Wayne Horrocks Tom Godfrey Don Hale
Nancy Pace
Acting Mayor Mike Zuhl, Roger Cutler, City Attorney, Kathryn
Marshall, City Recorder, and Misty Jo Zemp, Deputy Recorder, were
present.
Council Chair Hardman presided at and conducted the meeting.
OPENING CEREMONIES prostitutes because it was just as
illegal to pick up a prostitute as
#1. Ms. Lavon Young, a re- it was to be one, and 2) to pass
gional Eck Spiritual Aid from and enforce an ordinance which
Eckankar, gave the invocation. prohibited motel owners to allow
prostitutes to rent rooms, or at
#2. The Council led the Pledge least limit the number of times an
of Allegiance. individual can rent a room in one
day.
#3. Councilmember Kirk moved
and Councilmember Whitehead sec- Councilmember Horrocks asked
onded to approve the minutes of Mr. Robins if he had been attend-
the Salt Lake City Council for the ing the Peoples Freeway Community
regular meeting held Tuesday, Council meetings or the South
September 11, 1990, which motion Central council meetings. He said
carried, all members voted aye. these committees were involved in
(M 90-1) working on this problem. He said
these committees had appeared
PUBLIC COMMENTS twice before the Salt Lake County
Commissioner asking for more
#1. RE: Bill Robins, who available jail space for the
resides on Roberta Street and 1700 prostitutes in the City. He said
South, which is located two blocks the jails were a county function
off of State Street, said the and the City had been working with
prostitutes were working one block the County Commission for the past
away from his home. He said he two years trying to solve the
was concerned that prostitution problems of the jails. He said
had reduced property values. He new jails were being built and
said it was unfair to the children these problems would be taken care
in the area to be exposed to pros- of. He said the Mayor and the
titution . He asked Acting Mayor City Council were doing all they
Mike Zuhl, if he would consider could to change prostitution in
looking into the issue. Mr. Salt Lake City.
Robins said he had two
suggestions: 1 ) to arrest the Councilmember Godfrey said he
customers who pick up the liked the ideas Mr. Robins had
90-308
PROCEiDINGS OF THE CITY COUNCIL OF SALT LAKE CITY UTAH
TUESDAY, SEPTEMBER 18, 1990
suggested. He said making arrests NEW COUNCIL BUSINESS
and creating an ordinance on the
motels, was something administra- #1. RE: Set a date to hold a
tion should look at and consider. public hearing on October 16,
1990, at 6:30 p.m. to receive
Roger Cutler, City Attorney, public comment and consider rezon-
said the City had an active decoy ing the property located at ap-
program which involved arresting proximately 1100 East Capitol
people trying to pick up the Boulevard, approximately 10 Dorch-
prostitutes. The Sex Oriented ester, and west of Ensign Peak at
Business ordinance deals with the approximately 1000 North Street
hot sheets motels in the area. He from "R-1" to an "R-1A" classifi-
said the City had warned the cation.
County if they did not make more
jail space available, problems
would begin on State Street. Mr. ACTION: Councilmember Godfrey
Cutler said more jail space had moved and Councilmember Hale
been made available and he would seconded to change the date of
check to see if there was time of the hearing to October
something that could be done 11, 1990 at 6:00 p.m. , which
about an ordinance. motion carried, all members voted
aye.
CONSENT AGENDA (P 90-317)
Councilmember Godfrey moved UNFINISHED COUNCIL BUSINESS
and Councilmember Pace seconded
to approve the consent agenda #1. RE: Adopting a Resolu-
which motion carried, all members tion authorizing the execution of
voted aye the first supplement to a lease-
purchase agreement by and between
#1. RE: Adopting Ordinance Gelco Finance Corporation, as
82 1990 amending Sections 5.26.100 lessor, and Salt Lake City as
and 12. 56.330 of the Salt Lake lessee, dated as of December 15,
City Code, relating to freight 1989, and a first supplement to a
license stickers attached to sublease-purchase agreement by and
vehicle loading zones and freight between Salt Lake City as subless-
curb respectively. or and Compeq International Co. ,
(0 90-40) Ltd. , as sublessee, dated as of
December 15, 1989 .
#2. RE: Adopting Resolution
99 of 1990 authorizing the approv- ACTION: Councilmember Godfrey
al of a memorandum of understand- moved and Councilmember Pace
ing between Salt Lake City Corpo- seconded to adopt Resolution 98
ration and Wasatch, Cache and of 1990, which motion carried, all
Uinta National Forests, Salt Lake members voted aye, except
County, Wasatch County, Utah Councilmember Hardman who ab-
State Parks and Recreation, the stained from the vote.
City of Midway, and Utah Division (Q 89-3)
of Wildlife Resources concerning
the review and assessment of the PUBLIC HEARINGS
proposed Brighton Ski Area Master
Plan. #1. RE: A hearing at 6:20
(C 90-521) p.m. to receive public comment and
consider adopting an ordinance
90-309
PROC DINGS OF THE CITY COUNCIL OF SALT LAKE CI UTAH
TUESDAY, SEPTEMBER 18, 1990
adopting the East Downtown Master He said the second objective
Plan. was to improve and preserve the
character of the area. He said
ACTION: Councilmember Godfrey there was a problem with security
moved and Councilmember Whitehead and crime in the East Downtown
seconded to close the public Area. He said the Planning Com-
hearing, which motion carried, all mission wanted to create a pedes-
members voted aye. trian environment and create
activity on the streets so people
Councilmember Whitehead moved would be able to live, work, and
Councilmember Horrocks seconded to receive all the amenities they
adopt Ordinance 81 of 1990, which needed.
motion carried, all members voted
aye. He said the third objective
was the strong economic force in
DISCUSSION: Bruce Parker, the neighborhood was a result of
Planning and Zoning, said there transportation, traffic patterns,
had been a series of meetings held and the area' s proximity to the
last year to inform the residents amenities of the downtown area
of the area of the East Downtown along with the character and the
Master Plan. He said this was an amount of commercial
area which had close ties with redevelopment in the downtown
areas such as the downtown area, area.
the East Central neighborhood, the
Lower Avenues, and the South He said the Planning Commis-
Central part of the City. He said sion had asked for the development
the East Downtown Master Plan had of a mixed use zone where the
to be viewed as an overall part of primary use would be residential.
Salt Lake City. He said the main He said other uses would be
principles of the plan were to allowed which were compatible and
create a vibrant mix use urban harmonious with the residential
neighborhood for Salt Lake City. use. Mr. Parker said the second
He said this area had great poten- mix use zone would be for
tial for an increase in population businesses in scale with the
and would provide a strong popula- neighborhood which would provide
tion base for the Central City amenities and services desired by
area. Mr. Parker said there were residents of the community. He
a few objectives to the East Down- said the final zone would be an
town Master Plan. He said the office mix use zone to be
first objective was to place designated along the 5th and 6th
emphasis on housing and popula- south corridors where a
tion because this area had con- significant amount of office
tinued to decline in population development existed.
over the last twenty years. He
said there had been a decline in He said the Planning Commis-
residential housing because of sion wanted the "R-7" zone in the
demolitions and new commercial area to be eliminated, because
development in the area. Mr. they felt it was the reason popu-
Parker said it was felt population lation had moved out of the down-
would continue to decline in this town area. He said it had been
area unless the Master Plan was proposed to create the new mix use
put into effect. zone and have the "R-7" zone be
incorporated into it.
90-310
PROC DINGS OF THE CITY COUNCIL OF SALT LAKE CAI UTAH
TUESDAY, SEPTEMBER 18, 1990
Lois Brown, Central City should get the Redevelopment
Service Plan, supported the East Agency involved by letting people
Downtown Master Plan. She said it acquire enough ground to build on.
was important that the public con-
tinue to be involved with future Kim Anderson, North Redwood
plans of the City. She thanked Road, supported the East Downtown
the Planning Division for includ- Master Plan, but was concerned
ing the public and their ideas in with the area around Trolley
the East Downtown Master Plan. Square. He said he felt the
building height requirement of 75
Susan Hardy, Director of the feet would destroy the look of
Salt Lake Community Development Trolley Square, and he would like
Corporation, supported the devel- to see the requirement of the
opment of the East Downtown buildings around Trolley Square
Master Plan and wanted to see it limited to the height of existing
adopted. She said she felt the buildings.
plan would increase the population
of the downtown area and improve Mr. Parker said the Trolley
the character of it. Square block was under the review
of the Historical Landmark Commit-
Willis Dorman, Central City, tee for proposed development. He
supported the East Downtown Master said the existing zoning on
Plan. She said the mix use zone Trolley Square would allowed a
would make it more enjoyable for height limitation of 198 feet. He
people who lived in the City and said the proposal was a signifi-
would make more people want to cant lowering of the height poten-
live in the downtown area. She tial and the proposed height
said she wanted to see the Zoning limitation of 75 feet was an
Committee look at the mix use plan appropriate height. He said
first. She said the idea of anything built in Trolley Square
creating a pedestrian linkage in would be in architectural design
the City was a wonderful idea. with Trolley Square. He said the
4th and 5th south area had been
Stan Penfold, 715 East 2nd developed for a retail center and
Avenue, said he was in favor of this would meet the commercial and
the plan and felt it would in- retail needs of the neighborhood.
crease the residential population He said the component of the block
along with the multi use residen- would be for residential develop-
tial/commercial area. He said he ment.
felt this would help the City
expand in after five o'clock use. Mary Allen, Outreach worker
for Salt Lake City and Housing,
Ken Wholeman, owner and devel- supported the mix use zone area
oper of Broadway Towers, said he and felt it would be helpful.
wanted the City to look at some
situations. He said he felt the Councilmember Hale said he
rent was not high enough to sup- felt residents with commercial
port the development which existed property might not be able to do
in the area. He said the City what they wanted with their prop-
might want to address a tax incen- erty. He was concerned it would
tive which would enhance the inhibit commercial development.
ability of a developer to go
forward with the development of Councilmember Whitehead said
the City. He said he felt the City he felt there needed to be a
90-311
PROC INGS OF THE CITY COUNCIL OF SALT LAKE Cl/ UTAH
TUESDAY, SEPTEMBER 18, 1990
supermarket in the area and he ability study which outlined the
felt major development was needed chance of successful shared
in order to have one. parking, arrangements for leases
parking, and statements of
Councilmember Hardman thanked compatibility with the existing
the Planning Division, the staff Master Plan.
and the developers who were in-
volved in the creation of the East Mr. Wright said the Planning
Downtown Master Plan. He said Commission would receive a recom-
people could now look for some mendation from the Transportation
guidance in the Master Plan when Department and the Planning Staff.
planning their businesses. He said the Planning Commission
(T 90-25) would hold an informal hearing so
owners of the facility would be
#2 RE: A public hearing at able to express their concerns.
6:30 to receive public comment and He said the ordinance would allow
consider adopting an ordinance any facility to have one parking
amending Section 21.84.030(H) space for every four seats. He
concerning parking for theaters said a clause in the ordinance
and arenas pursuant to Petition made it effective immediately upon
No. 400-833-90. posting. The ordinance wil be
posted September 19, 1990, in the
ACTION: Councilmember Godfrey Recorders office.
moved and Councilmember Whitehead
seconded to close the public Councilmember Pace asked if an
hearing, which motion carried, all appeal of the ordinance would go
members voted aye. to the Planning Commission and
then to the City Council.
Councilmember Godfrey moved
and Councilmember Kirk seconded to Mr. Wright said the appeal
adopt Ordinance 80 of 1990, which would be sent to the Planning
motion carried, all members voted Commission for determination of
aye. the parking reduction and then the
decision could be appealed
DISCUSSION: Bill Wright, directly to the City Council.
Planning and Zoning, said the (P 90-315)
ordinance required one parking
space for every fourth seat. He The meeting adjourned at 7:10
said a 20, 500 seat arena would p.m.
require 5, 125 parking spaces to be
developed and facilitated to use ae...JAL 14—fral"A—
in the Downtown Master Plan. He
said policies encouraged efficient COUNCI CHAIR
use of land and capital resources
and supported shared parking when
it could be applied. He said the
ordinance amendment required an IT R RDER
application with a $100 filing
fee, a sight plan, and a statement
from the petitioner stating if the
facility needed fewer parking
spaces or shared parking. He said
the statement needed to include a
professionally prepared fees
90-312
SALT LAKE CITY COUNCIL
AGENDA
CITY COUNCIL CHAMBER
ROOM 315
CITY AND COUNTY BUILDING
451 SOUTH STATE STREET
Tuesday, September 18, 1990
6:00 p.m.
A. BRIEFING SESSION: 5:00 - 5:55 p.m. , Room 325 City and County
Building, 451 South State
1 . Report of the Executive Director.
B. OPENING CEREMONIES:
1 . Invocation.
2. Pledge of Allegiance. /�
3. Approval of the minutes. -. (`e ((,�' �"f"
C. COMMENTS: /1
1 . Questions to the Mayor from the City Council.- C altr\/ O L
2. Citizen Comments to the Council. TLA,01/\._
D. CONSENT:
1 . Ordinance: Freight License Stickers
Consider adopting an ordinance amending Sections 5.26. 100 and
12.56.330 of the Salt Lake City Code, relating to freight license
stickers attached to vehicle and freight curb loading zones,
respectively.
(0 90-40)
Staff recommendation: Adopt.
2. Resolution: Brighton Ski Area Master Plan
�1 Consider adopting a resolution authorizing the approval of a
Memorandum of Understanding between Salt Lake city Corporation and
Wasatch, Cache and Uinta National Forests, Salt Lake County,
' 1��� Wasatch County, Utah State Parks and Recreation, The City of
V �� 1,l�- Midway and Utah Division of Wildlife Resources concerning the
/1\,J �1l review and assessment of the proposed Brighton Ski Area Master
c\"\ n�� Plan.
\scitio (C 90-521)
�� Staff recommendation: Adopt.
II
E. NEW BUSINESS:
1 . Rezoning: Ensign Downs Petition #400-768 nd #400-842
Set date to hold a hearing on October 10, 1990 at 6+46 p.m. to receive public
�\ ^ comment and consider rezoning the property located at approximately 1100 East
\� W Capitol Boulevard , approximately 10 Dorchester, and west of Ensign Peak at approximately 1000 North Street from "R-1" to an "R-1A" classification.
6\0OC\Th (P 90-317)
Staff recommendation: Set date.
F. UNFINISHED BUSINESS
` �I� Resolution: Gelco Finance
�\(A, Consider adopting a resolution authorizing the execution of a first
\` supplement to a lease-purchase agreement by and between Gelco Finance
KO Corporation, as lessor, and Salt Lake City as lessee, dated as of December 15,
( 1989 and a fist supplement to a sublease-purchase agreement by and between
> Salt Lake City as sublessor and Compeq International Co. , Ltd, as sublessee,
G�J dated as of December 15, 1989.
(Q 89-3) (
Staff recommendation: Adopt. [
G. PUBLIC HEARINGS:
6:20 p.m.
1 . Ordinance: East Downtown Master Plan
Receive public comment and consider adopting an ordinance adopting the East
, t Downtown Master Plan.
I1 (T 90-25)
Staff recommendation: Close hearing and adopt.
6:30 p.m.
2. Ordinance Amendment : Theater and Arena Parking
Receive public comment and consider adopting an ordinance amending Section
21 .84.030(H) concerning parking for theaters and arenas pursuant to Petition
#400-833-90.
(P 90-315)
Staff recommendation: Close hearing and adopt.
H. ADJOURNMENT.
**FINAL ACTION MAY BE TAKEN AND/OR ORDINANCES ADOPTED CONCERNING ANY ITE4 ON THIS AGENDA.
DATED: September 14, 1990
BY:
• TY RECORDER
STATE OF UTAH
COUNTY OF SALT LAKE ) ss.
On the 14th day of September, 1990 I personally delivered a copy
of the foregoing notice to the Mayor and City Council and posted
copies of the same in conspicuous view, at the following times and
locations within the City and County Building, 451 South State
Street, Salt Lake City, Utah:
1 . At 5:00 p.m. in the City Recorder's Office, Room 415; and
2. At 5:00 p.m. in the Newsroom, Room 343.
CITY RECORDER
Subscribed and sworn to before me this 14th day of September, 1990.
6-tar 'c esiding in the
State of Utah-
My,Commission
Notwi/�Puwic
BARBARA HAIGHT
451 So.Stale St Rm 415 '
Salt l.Wioe City.Utah 54102
My Ccmmtssion F,:7ros
Ao.r:ISi 1,'!`1(r3
APPROVAL: y w- .._.
C (1. 2)0a)
EXECUTIVE DIRE OR
�C c -164 C - leo ` me)
doiPROCEEDINGS OF THE CITY CO �CIL OF SAL' E IT , UTAH
TUESDAY, SEPTEMBER 11, 1990
The City Council of Salt Lake City, Utah, met in Regular Session on
Tuesday, September 11, 1990, at 6:00 p.m. in Room 315, City Council
Chambers, City County Building, 451 South State Street.
The following Council Members were present:
Ronald Whitehead Alan Hardman Roselyn Kirk
Wayne Horrocks Don Hale Nancy Pace
Mayor Palmer DePaulis, Roger Cutler, City Attorney, S. R. Kivett,
Chief Deputy Recorder, and Beverly Jones, Deputy Recorder were present.
The following Council Members were absent:
Tom Godfrey
Council Chair Hardman presided at and conducted the meeting.
OPENING CEREMONIES press, Ameritech Coatings, Anodiz-
ing and Metal Coatings Inc, and
#1. There was no invocation. Litton Systems, Inc.
#2. The Council led the COMMENTS
Pledge of Allegiance.
Fae Nichols, Chairperson for
#3. Councilmember Kirk moved Peoples Freeway Community Council
and Councilmember Horrocks second- said she had made an appointment
ed to approve the minutes of the with the County Commission to
Salt Lake City Council for the discuss the problem of prosti-
regular meeting held Tuesday, tution on State Street and also
September 4, 1990, which motion with the overcrowding of the jail.
carried, all members present voted
aye. The following people spoke in
favor of approving the three
reappointments to the Historic
#4. Mayor DePaulis presented Landmarks Committee: Mike
environmental compliance awards to Stransky, Rang Kimbal, David
seven Salt Lake City companies. Spickhard, Grace Sperry, and Peter
Prior to the announcement of the duPont Emerson.
winners he gave a brief descrip-
tion of how the award winners were The speakers felt that to not
determined. He said the criteria reappoint Mr. Ulrich, Mr. Stransky
included 1 ) achieving a score of and Mr. Emerson would cause the
95% or higher on all tested param- committee to be faced with a
eters, 2) had to be in total situation where there would be no
compliance over the twelve months continuity within the committee
of 1989, 3 ) spill prevention and members. They said the three
control plans, 4 ) cooperation, and individuals were all architects
5 ) employee training and general and if they were not reappointed,
environmental concern. He said it would leave only one architect
there were 72 companies eligible on the committee. It was suggest-
for this award. The winners were ed that the length of the appoint-
Detroit Diesel; Varian Company, ments be staggered to maintain
Blanchard Metals, Roadway Ex- continuity.
90-299
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, SEPTEMBER 11, 1990
Mayor DePaulis said this appeared on the agenda now was
issue had been discussed with the because the names have been held
Council. He said he had been for so long.
provided the Council with memos
since January expressing his Councilmember Whitehead said
feelings as to why he felt there if all three were reappointed the
was a need for reappointment of situation would come up again
certain third term members. He later when their term expired, and
said on May 29, 1990 a memo was felt the terms should be stag-
sent to the Council. Mayor gered.
DePaulis read a paragraph from
this memo which said "third term Mayor DePaulis said the
reappointments in this case was Council could disapprove one
necessary and he felt there would reappointment and this would begin
be a major disruption to the work the transition. He said he had to
product if the council did not have council action to initiate a
approve the change. " He said he new recommendation.
only wanted to bring appointments
to the Council that he felt Councilmember Kirk said that
strongly about. would place the Council in a
position of having to choose one
Councilmember Whitehead said of three very competent people.
he had a problem with reappointing She said that earlier in the
all three members at the same process this would have been an
time. He said this would cause agreeable negotiation.
the same problem later. He said
if the Council had received a Councilmember Hales asked if
single reappointment with two new the Council declined all three
appointments he would not have a reappointments would it be possi-
problem with the appointments. ble for the Mayor to resubmit one
name.
Mayor DePaulis said he had not
sent all three names at once. He Councilmember Pace said that
said the names were transmitted was asking the Mayor to do what
individually but because of the the Council did not want to do.
flexibility disagreement the She asked if the Council could be
names had been held and were now informed as to how the cycle with
being considered together. the eleven members worked.
Councilmember Whitehead said Mr. Allen Johnson, City
it made no difference if they were Planning Director, said the mem-
submitted singly or all at one bers were appointed on a staggered
time. He said it completely basis. He said of the 14 members
violated the spirit of what the there were no more than 3 appoint-
Council had tried to accomplish. ed in any one year. He said
He said the Council did not want membership was based upon the
people on the board for a life number of historic districts.
time.
Councilmember Hardman said
Mayor DePaulis said that he the ordinance only required one
had sent the names to the Council architect on the committee.
appropriately, timely, and exact-
ly, with new appointments. He John Adkinson, asked if the
reiterated that the reason they transients in the Jackson area
could be cleaned up.
90-300
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, SEPTEMBER 11, 1990
Mayor DePaulis said he had ordinance amending Chapter 64 of
discussed the situation with Title 18 dealing with demolishing
Councilmember Whitehead and said buildings.
there were several things that (0 90-39)
could be done to help with the
panhandling, the transients, and #3. RE: Adopting Resolution
the prostitution problem in the 96 of 1990 authorizing the execu-
Sixth West, North Temple area. He tion of a interlocal cooperation
said a committee had been formed agreement between Salt Lake City
to take comments and suggest Corporation and the Utah Division
solutions to these issues. of Water Rights providing for a
ground water study of Salt Lake
Councilmember Whitehead said Valley.
when a program was started it (C 90-503)
should be on a continuing basis.
He said in the past, programs were #4. RE: Adopting Resolution
started and when the problem 97 of 1990 authorizing the execu-
seemed to be corrected the program tion of an interlocal cooperation
was stopped. He said then the agreement between Salt Lake City
problem came back and the resi- Corporation and the United States
dents were in the same situation of America, by and through the
as before. Federal Bureau of Investigation
and the Drug Enforcement Adminis-
Mayor DePaulis said the tration of the investigation and
problem had been in the staffing prosecution of sales of controlled
issues of the Police Department. substances.
He said he had a commitment from (C 90-502)
the Police Chief that when the
next 25 police officers completed NEW COUNCIL BUSINESS
their training in December they
would be available to go on pa- #1. RE: Adopt an ordinance
trol. amending Sections 5. 26. 100 and
12.56.330 of the Salt Lake City
CONSENT AGENDA Code, relating to freight license
stickers attached to vehicle and
Councilmember Hale moved and freight curb loading zones, re-
Councilmember Kirk seconded to spectively.
approve the consent agenda, which
motion carried, all members ACTION: Without objection
present voted aye. Councilmember Hardman referred
this item to the consent agenda.
#1. RE: Adopting Resolution (0 90-40)
95 of 1990 authorizing the execu-
tion of an Interlocal Cooperation UNFINISHED COUNCIL BUSINESS
Agreement between Salt Lake City
and Salt Lake County for the #1. RE: Consider adopting a
placement of a watermain located Resolution providing for the
on 2700 East Street . financing by Salt Lake City of the
(C 90-501) acquisition of equipment and plant
facilities and related improve-
#2. RE: Setting a date to ments for a fiberglass insulation
hold a hearing on October 2, 1990 and related products manufacturing
at 6:20 p.m. to receive public facility to be located in Salt
comment and consider adopting an Lake City, in order that Western
90-301
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, SEPTEMBER 11, 1990
Fiberglass, Inc. may be provided Mayor's Office that the Council
with facilities to promote the would be willing to take one of
general welfare and encourage the the members back for an appoint-
increase of industry and commerce; ment to the board, which motion
authorizing and providing for the carried. All members present
issuance by Salt Lake City of its voted aye, except Councilmember
$2, 000, 000.00 Industrial Develop- Pace who voted nay.
ment Revenue Bonds, Series 1990
(Western Fiberglass, Inc. Project) ACTION: Councilmember Hale
which will be payable solely from made a motion and Councilmember
the revenues arising from the Pace seconded to make a substitute
pledge of a loan agreement with motion that the Council approve
Western Fiberglass, Inc. ; autho- all three appointments for the
rizing the execution and delivery remaining term ending in July
of a loan agreement between Salt 1991, which motion failed,
Lake City and Western Fiberglass; Councilmember Pace and Hale, voted
providing for financing the acqui- aye, all other members present
sition of said project; authoriz- voted nay.
ing the execution and delivery of ( I 90-9)
an indenture of trust and related
documents; confirming the sale of DISCUSSION: Councilmember
said bonds to the purchaser there- Whitehead asked whether the Mayor
of; authorizing the publication of or the Council should make the ap-
a notice of bonds to be issued; pointment.
and related matters.
Councilmember Hale said he
ACTION: Councilmember Kirk was in favor of staggering the
moved and Councilmember Whitehead appointment terms. He asked if
seconded to adopt Resolution 94 the Council should appoint one of
of 1990, which motion carried, all the people for an additional three
members present voted aye. year term.
(0 90-6)
Councilmember Hardman said
#2. RE: Consider approving the best suggestion would be to
the reappointment of M. Louis decline all three with the recom-
Ulrich to the Historical Landmarks mendation to the Mayor that the
Committee. Council would consider one of the
individuals for reappointment.
3. RE: Consider approving
the reappointment of Michael Councilmember Whitehead said
Stransky to the Historical Land- with all three reappointments
marks Committee. coming to the Council at one time
defeated the intent of all the
4. RE: Consider approving ordinances that have come prior to
the reappointment of Peter duPont this date.
Emerson to the Historic Landmarks
Committee. Emilie Charles, Mayor' s
Executive Assistant, said the
ACTION: Councilmember appointments would only be for one
Whitehead moved and Councilmember year. She said the vacancies
Kirk seconded to decline the would come again in July 1991
appointment of M. Louis Ulrich, because it had taken two years to
Michale Stransky, and Peter duPont get them resolved.
Emerson and give indication to the
90-302
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, SEPTEMBER 11, 1990
Councilmember Whitehead said Mr. Johnson, said one member
the ordinance stated an individual was completing a second term and
could serve for no more than two one member was completing a first
terms or eight years. He said the term.
staggering of the board members
should be up to the individual Councilmember Pace said it
board not the Council. He said concerned her that the Council
the purpose of the ordinance stands on a matter of principle or
change was to keep people from policy alone knowing the ordinance
serving on boards for 20 or 30 gave the Council flexibility and
years as was the case in the past. does not look at what it would do
He said there had to be an ex- to the effectiveness of the com-
traordinary reason for being mittee. She said in seconding
reappointed to a third term. Councilmember Hales motion, she
was going along with the idea of
Councilmember Pace said supporting the people for nine
because there was only one year more months and the Council had
left on a normal three year ap- sent a strong message to the
pointment there would be the same Mayors Office about how they felt.
situation next year. She said
three individuals were leaving Councilmember Horrocks said
with no chance of appointing new the Council had asked the Mayor
people before the appointments not to put the Council in this
expired. type of situation. He said it was
now a matter of principle. He
Councilmember Kirk said the said the Mayor did this to exert
first time the Council made an his authority. He said the second
exception to the reappointment motion did not send the message to
policy, she had said the Council the Mayor that the Council had a
needed to be flexible. She said deep concern about this matter.
this time she felt the Council had He said if the Council passed this
been placed in a position of non- motion as it stands we have abro-
compromise. She said the Council gated our responsibility in advice
had sent a letter to the Mayor and consent.
asking that this situation not
come before the public. She said PUBLIC HEARINGS
she would not be willing to choose
one above the other at this time. #1. RE: A hearing at 6:20
She said she felt the Council had p.m. to receive public comment and
been put in a position to turn adopt an ordinance vacating a
down all three. portion of an alley between
Sherman and Harrison Streets,
Councilmember Hale asked Ms. between 800 East and 870 East,
Charles if the appointment would pursuant to Petition 400-796-90.
be for less than a year. Ms.
Charles said the appointment ACTION: Councilmember Hale
would be until July 31, 1991 . moved and Councilmember Whitehead
seconded to close the public
Cindy Gust-Jenson, Council hearing, which motion carried, all
Executive Director, asked Allen members present voted aye.
Johnson if the two appointments
coming up in the interim period Councilmember Whitehead moved
had served one term or two terms. and Councilmember Kirk seconded to
adopt Ordinance 78 of 1990, to
90-303
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, SEPTEMBER 11, 1990
vacate the alley from the west car could make it but not a full
side of 836 East to 870 East to size car.
the street, which motion carried,
all members present voted aye. Councilmember Horrocks asked
(P 90-248) Mr. Watkins when he pulled into
the driveway if he could get the
DISCUSSION: Councilmember truck completely out of the alley
Kirk said Councilmember Godfrey, or if the truck extended into the
who represented the district in alley. Mr. Watkins said the truck
which this vacation was requested, extended at least half way into
was unable to attend the meeting the alley.
but had expressed that he was in
support of this issue. Ross Wilder, agent for the
owner of 829 East Sherman Avenue,
Bruce Parker, Planning Divi- said he had driven the entire
sion said the alley was requested alley and had to back completely
to be vacated because of the crime out because he could not turn
related problems in the area. He around.
said the total alley could not be
vacated because of the numerous Councilmember Whitehead said
residents which require the re- there were only two people who
maining alley to be open for used the alley for access to their
access to their garages. He said garages. He said the City had a
the alley would be vacated with problem with alleys as they creat-
two conditions; first the resi- ed areas for crime to take place.
dents requesting the vacation He said if the Council could he
participate with the Transporta- would recommend the closure of
tion Division to install and the entire alley.
purchase a dead end sign and place
it at the west end of the alley, Councilmember Kirk asked Mr.
and also install an end of alley Wilder if his client had been
sign and place it on the fence at involved with the compromise that
approximately 835 East. Second, Councilmember Godfrey had been
fence the ends of the alley at the working out. Mr. Wilder said that
proposed vacation. He said the neither his client nor himself had
vacation and the fence would be at been contacted concerning anything
the western property line of 836 about the alley.
East Sherman Avenue.
Raymond Johnson, Richard
Vance Warner, Petitioner, North, Dudley Wicker, Carol Wick-
said he had only worked on signa- er, Gorden Greniger all spoke in
tures for the area requested to be support of the alley vacation.
vacated and all property owners There was a general consensus that
involved in the vacation had the vacation would help keep the
signed the petition. crime down.
Ronald Watkins the son of the Carol Tigarino, owner of the
property owner at 829 East Sherman house at 829 East Sherman Avenue,
Avenue, said this was a rental said the house was her only in-
unit. He said he had driven a come. She said renters were not
pickup down the alley and had allowed to park on the street in
tried to turn the corner from the the winter time and if the alley
west into the garage and could not were closed she would have a
turn the corner. He said a small difficult time renting her proper-
90-304
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, SEPTEMBER 11, 1990
ty. She said she had heard noth-
ing about the closure until a
letter came just prior to the
meeting. COUNCIL CHAIR
Mr. Warner said this was a
dirt alley that was originally
used for utility service and CITY RECORDER
garbage collection which was no
longer needed. He said it was not
against the law to park in front
of the house on the street during
the winter time. He said resi-
dents were asked to move their
cars occasionally for snow remov-
al.
#2. RE: A hearing at 6:30
p.m. to receive public comment and
consider adopting an ordinance
vacating an alley between Parkway
Avenue and I-80 at about 875 East
pursuant to Petition 400-810-90.
ACTION: Councilmember
Horrocks moved and Councilmember
Whitehead seconded to close the
public hearing, which motion
carried, all members present voted
aye.
(P 90-314)
Councilmember Horrocks moved
and Councilmember Whitehead sec-
onded to adopt Ordinance 79 of
1990, which motion carried, all
members present voted aye.
DISCUSSION: Everett Joyce,
Planning and Zoning, said the
petition had been submitted with
100 percent property owner signa-
tures in support of the closure.
He said the alley was a dead end
alley. He said the alley was
landscaped and was not being used
as an alley.
The meeting adjourned at 7:45
p.m.
90-305
Cnq Inc I Cup)
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, SEPTEMBER 11, 1990
The City Council of Salt Lake City, Utah, met in Regular Session on
Tuesday, September 11, 1990, at 6:00 p.m. in Room 315, City Council
Chambers, City County Building, 451 South State Street.
The following Council Members were present:
Ronald Whitehead Alan Hardman Roselyn Kirk
Wayne Horrocks Don Hale Nancy Pace
Mayor Palmer DePaulis, Roger Cutler, City Attorney, S. R. Kivett,
Chief Deputy Recorder, and Beverly Jones, Deputy Recorder were present.
The following Council Members were absent:
Tom Godfrey
Council Chair Hardman presided at and conducted the meeting.
OPENING CEREMONIES press, Ameritech Coatings, Anodiz-
ing and Metal Coatings Inc, and
#1. There was no invocation. Litton Systems, Inc.
#2. The Council led the COMMENTS
Pledge of Allegiance.
Fae Nichols, Chairperson for
#3. Councilmember Kirk moved Peoples Freeway Community Council
and Councilmember Horrocks second- said she had made an appointment
ed to approve the minutes of the with the County Commission to
Salt Lake City Council for the discuss the problem of prosti-
regular meeting held Tuesday, tution on State Street and also
September 4, 1990, which motion with the overcrowding of the jail.
carried, all members present voted
aye. The following people spoke in
favor of approving the three
reappointments to the Historic
#4. Mayor DePaulis presented Landmarks Committee: Mike
environmental compliance awards to Stransky, Rang Kimbal, David
seven Salt Lake City companies. Spickhard, Grace Sperry, and Peter
Prior to the announcement of the duPont Emerson.
winners he gave a brief descrip-
tion of how the award winners were The speakers felt that to not
determined. He said the criteria reappoint Mr. Ulrich, Mr. Stransky
included achieving a score of 95% and Mr. Emerson would cause the
or higher on all tested parame- committee to be faced with a
ters, had to be in total compli- situation where there would be no
ance over the twelve months of continuity within the committee
1989, was spill prevention and members. They said the three
control plans, cooperation, em- individuals were all architects
ployee training and general envi- and if they were not reappointed,
ronmental concern. He said there it would leave only one architect
were 72 companies eligible for on the committee. It was suggest-
this award. The winners were ed that the length of the appoint-
Detroit Diesel; Varian Company, ments be staggered to maintain
Blanchard Metals, Roadway Ex- continuity.
90-299
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, SEPTEMBER 11, 1990
Mayor DePaulis said this were bunched up now was because
issue had been discussed with the the names have been held for so
Council. He said he had been long.
provided the Council with memos
since January expressing his Councilmember Whitehead said
feelings as to why he felt there if all three were reappointed the
was a need for reappointment of situation would come up again
certain third term members. He later when their term expired, and
said on May 29 a memo was sent to felt the terms should be stag-
the Council. Mayor DePaulis read gered.
a paragraph from this memo which
said "third term reappointments in Mayor DePaulis said the
this case was necessary and he Council could disapprove one
felt there would be a major dis- reappointment and this would begin
ruption to the work product if the the transition. He said he had to
council did not approve the have the councils action to ini-
change. " He said he only wanted tiate a new recommendation.
to bring appointments to the
Council that he felt strongly Councilmember Kirk said that
about. would place the Council in a
position of having to choose one
Councilmember Whitehead said of three very competent people.
he had a problem with reappointing She said that earlier in the
all three members at the same process this would have been an
time. He said this would cause agreeable negotiation.
the same problem later. He said
if the Council had received a Councilmember Hales asked if
single reappointment with two new the Council declined all three
appointments he would not have a reappointments would it be possi-
problem with the appointments. ble for the Mayor to resubmit one
name.
Mayor DePaulis said he had not
sent all three names at once. He Councilmember Pace said that
said the names were transmitted was asking the Mayor to do what
individually but because of the the Council did not want to do.
flexibility disagreement the She asked if the Council could be
names had been held for and were informed as to how the cycle with
now being considered together. the eleven members worked.
Councilmember Whitehead said Mr. Allen Johnson, City
it made no difference if they were Planning Director, said the mem-
submitted singly or all at one bers were appointed on a staggered
time. He said it completely basis. He said of the 14 members
violated the spirit of what the there were no more than 3 appoint-
Council had tried to accomplish. ed in any one year. He said
He said the Council did not want membership was based upon the
people on the board for a life number of historic districts.
time.
Councilmember Hardman said
Mayor DePaulis said that he the ordinance only required one
had sent the names to the Council architect on the committee.
appropriately, timely, and exact-
ly, with new appointments. He John Adkinson, asked if the
reiterated that the reason they transients in the Jackson area
could be cleaned up.
90-300
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, SEPTEMBER 11, 1990
Mayor DePaulis said he had Title 18 dealing with demolishing
discussed the situation with buildings.
Councilmember Whitehead and said (0 90-39 )
there were several things that
could be done to help with the #3. RE: Adopting Resolution
panhandling, the transients, and 96 of 1990 authorizing the execu-
the prostitution problem in the tion of a interlocal cooperation
Sixth West, North Temple area. He agreement between Salt Lake City
said a committee had been formed Corporation and the Utah Division
to take comments and suggest of Water Rights providing for a
solutions to these issues. ground water study of Salt Lake
Valley.
Councilmember Whitehead said (C 90-503)
when a program was started it
should be on a continuing basis. #4. RE: Adopting Resolution
He said in the past, programs were 97 of 1990 authorizing the execu-
started and when the problem tion of an interlocal cooperation
seemed to be corrected the program agreement between Salt Lake City
was stopped. He said then the Corporation and the United States
problem came back and the resi- of America, by and through the
dents were in the same situation Federal Bureau of Investigation
as before. and the Drug Enforcement Adminis-
tration of the investigation and
Mayor DePaulis said the prosecution of sales of controlled
problem had been in the staffing substances.
issues of the Police Department. (C 90-502)
He said he had a commitment from
the Police Chief that when the NEW COUNCIL BUSINESS
next 25 police officers completed
their in December they would be #1. RE: Adopt an ordinance
available to go on patrol. amending Sections 5.26.100 and
12. 56.330 of the Salt Lake City
CONSENT AGENDA Code, relating to freight license
stickers attached to vehicle and
Councilmember Hale moved and freight curb loading zones, re-
Councilmember Kirk seconded to spectively.
approve the consent agenda, which
motion carried, all members ACTION: Without objection
present voted aye. Councilmember Hardman referred
this item to the consent agenda.
#1. RE: Adopting Resolution (0 90-40)
95 of 1990 authorizing the execu-
tion of an Interlocal Cooperation UNFINISHED COUNCIL BUSINESS
Agreement between Salt Lake City
and Salt Lake County for the #1. RE: Consider adopting a
placement of a watermain located Resolution providing for the
on 2700 East Street. financing by Salt Lake City of the
(C 90-501) acquisition of equipment and plant
facilities and related improve-
#2. RE: Setting a date to ments for a fiberglass insulation
hold a hearing on October 2, 1990 and related products manufacturing
at 6 :20 p.m. to receive public facility to be located in Salt
comment and consider adopting an Lake City, in order that Western
ordinance amending Chapter 64 of Fiberglass, Inc. may be provided
90-301
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, SEPTEMBER 11, 1990
with facilities to promote the would be willing to take one of
general welfare and encourage the the members back for an appoint-
increase of industry and commerce; ment to the board, which motion
authorizing and providing for the carried. Councilmember Pace voted
issuance by Salt Lake City of its nay, all other members present
$2, 000,000.00 Industrial Develop- voted aye.
ment Revenue Bonds, Series 1990
(Western Fiberglass, Inc. Project) ACTION: Councilmember Hale
which will be payable solely from made a motion and Councilmember
the revenues arising from the Pace seconded to make a substitute
pledge of a loan agreement with motion that the Council approve
Western Fiberglass, Inc. ; autho- all three appointments for the
rizing the execution and deliver remaining term ending in July
of a loan agreement between Salt 1991, which motion failed,
Lake City and Western Fiberglass; Councilmember Pace and Hale, voted
providing for financing the acqui- aye, all other members present
sition of said project; authoriz- voted nay.
ing the execution and delivery of (I 90-9)
an indenture of trust and related
documents; confirming the sale of DISCUSSION: Councilmember
said bonds to the purchaser there- Whitehead asked whether the Mayor
of; authorizing the publication of or the Council should make the ap-
a notice of bonds to be issued; pointment.
and related matters.
Councilmember Hale said he
ACTION: Councilmember Kirk was in favor of staggering the
moved and Councilmember Whitehead appointment terms. He asked if
seconded to adopt Resolution 94 the Council should appoint one of
of 1990, which motion carried, all the people for an additional three
members present voted aye. year term.
(Q-90-6)
Councilmember Hardman said
#2. RE: Consider approving the best suggestion made was to
the reappointment of M. Louis decline all three with the recom-
Ulrich to the Historical Landmarks mendation to the Mayor that the
Committee. Council would consider one of the
individuals for reappointment.
3. RE: Consider approving
the reappointment of Michael Councilmember Whitehead said
Stransky to the Historical Land- with all three reappointments
marks Committee. coming to the Council at one time
defeated the intent of all the
4. RE: Consider approving ordinances that have come prior to
the reappointment of Peter duPont this date.
Emerson to the Historic Landmarks
Committee. Emilie Charles, Mayor' s
Executive Assistant, said the
ACTION: Councilmember appointments would only be for one
Whitehead moved and Councilmember year. She said the vacancies
Kirk seconded to decline the would come again in July 1991
appointment of M. Louis Ulrich, because it had taken two years to
Michale Stransky, and Peter duPont get them resolved.
Emerson and give indication to the
Mayor's Office that the Council
90-302
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, SEPTEMBER 11, 1990
Councilmember Whitehead said Mr. Johnson, said one member
the ordinance stated an individual was completing a second term and
could serve for no more than two one member was completing a first
terms or eight years. He said the term.
staggering of the board members
should be up to the individual Councilmember Pace said it
board not the Council . He said concerned her that the Council
the purpose of the ordinance stands on a matter of principle or
change was to keep people from policy alone knowing the ordinance
serving on boards for 20 or 30 gave the Council flexibility and
years as was the case in the past. does not look at what it would do
He said there had to be an ex- to the effectiveness of the com-
traordinary reason for being mittee. She said in seconding
reappointed to a third term. Councilmember Hales motion, she
was going along with the idea of
Councilmember Pace said supporting the people for nine
because there was only one year more months and the Council had
left on a normal three year ap- sent a strong message to the
pointment there would be the same Mayors Office about how they felt.
situation next year. She said
three individuals were leaving Councilmember Horrocks said
with no chance of appointing new the Council had begged the Mayor
people before the appointments not to put the Council in this
expired. type of situation. He said it was
now a matter of principle. He
Councilmember Kirk said the said the Mayor did this to flaunt
first time the Council made an his authority in the Councils
exception to the reappointment faces. He said the second motion
policy, she had said the Council did not send the message to the
needed to be flexible. She said Mayor that the Council had a deep
this time she felt the Council had concern about this matter. He
been placed in a position of non- said if the Council passed this
compromise. She said the Council motion as it stands we have abro-
had sent a letter to the Mayor gated our responsibility in advice
asking that this situation not and consent.
come before the public. She said
she would not be willing to choose PUBLIC HEARINGS
one above the other at this time.
She said she felt the Council had #1. RE: A hearing at 6:20
been put in a position to turn p.m. to receive public comment and
down all three. adopt an ordinance vacating a
portion of an alley between
Councilmember Hale asked Ms. Sherman and Harrison Streets,
Charles if the appointment would between 800 East and 870 East,
be for less than a year. Ms. pursuant to Petition 400-796-90.
Charles said the appointment
would be until July 31, 1991 . ACTION: Councilmember Hale
moved and Councilmember Whitehead
Cindy Gust-Jenson, Council seconded to close the public
Executive Director, asked Allen hearing, which motion carried, all
Johnson if the two appointments members present voted aye.
coming up in the interim period
had served one term or two terms. Councilmember Whitehead moved
and Councilmember Kirk seconded to
90-303
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, SEPTEMBER 11, 1990
adopt Ordinance 78 of 1990, to west into the garage and could not
vacate the alley from the west make the corner. He said a small
side of 836 East to 870 East to car could make it but not a full
the street, which motion carried, size car.
all members present voted aye.
(P 90-248) Councilmember Horrocks asked
Mr. Watkins when he pulled into
DISCUSSION: Councilmember the driveway if he could get the
Kirk said Councilmember Godfrey truck completely out of the alley
who represented the district in or if the truck extended into the
which this vacation was requested, alley. Mr. Watkins said he was at
was unable to attend the meeting least half way out in the alley.
but had expressed that he was in
support of this issue. Ross Wilder, agent for the
owner of 829 East Sherman Avenue,
Bruce Parker, Planning Divi- said he had driven the entire
sion, gave the staff report. He alley and had to back completely
said the alley was requested to be out as he could not turn around.
vacated because of the crime
related problems in the area. He Councilmember Whitehead said
said the total alley could not be there were only two people who
vacated because of the numerous used the alley for access to their
residents which require the re- garages. He said the City had a
maining alley to be open for problem with alleys as they creat-
access to their garages. He said ed areas for crime to take place.
the alley would be vacated with He said if the Council could he
two conditions; first the resi- would recommend the closure of
dents requesting the vacation the entire alley.
participate with the Transporta-
tion Division to install and Councilmember Kirk asked Mr.
purchase a dead end sign and place Wilder if his client had been
it at the west end of the alley, involved with the compromise that
and also an end of alley sign and Councilmember Godfrey had been
place it on the fence at approxi- working out. Mr. Wilder said that
mately 835 East, and second fence his client nor himself had been
the ends of the alley at the contacted concerning anything
proposed vacation. He said the about the alley.
vacation and the fence would be at
the western property line of 836 Raymond Johnson, Richard
East Sherman Avenue. North, Dudley Wicker, Carol Wick-
er, Gorden Greniger all spoke in
Vance Warner, Petitioner, support of the alley vacation.
said he had only worked on signa- There was a general consensus that
tures for the area requested to be the vacation would help keep the
vacated and all property owners crime down.
involved in the vacation had
signed the petition. Carol Tigarino, owner of the
house at 829 East Sherman Avenue,
Ronald Watkins the son of the said the house was her only in-
property owner at 829 East Sherman come. She said renters were not
Avenue, said this was a rental allowed to park on the street in
unit. He said he had driven a the winter time and if the alley
pickup down the alley and had were closed she would have a
tried to make the corner from the difficult time renting her proper-
90-304
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, SEPTEMBER 11, 1990
ty. She said she had heard noth-
ing about the closure until a
letter came just prior to the
meeting.
COUNCIL CHAIR
Mr. Warner said this was a
dirt alley that was originally
used for utility service and
garbage collection which was no CITY RECORDER
longer needed. He said it was not
against the law to park in front
of the house on the street during
the winter time. He said resi-
dents were asked to move their
cars occasionally for snow remov-
al.
#2. RE: A hearing at 6:30
p.m. to receive public comment and
consider adopting an ordinance
vacating an alley between Parkway
Avenue and I-80 at about 875 East
pursuant to Petition 400-810-90.
ACTION: Councilmember
Horrocks moved and Councilmember
Whitehead seconded to close the
public hearing, which motion
carried, all members present voted
aye.
(P 90-314)
Councilmember Horrocks moved
and Councilmember Whitehead sec-
onded to adopt Ordinance 79 of
1990, which motion carried, all
members present voted aye.
DISCUSSION: Everett Joyce,
Planning and Zoning, gave the
staff report. He said the peti-
tion had been submitted with 100
percent property owner signatures
in support of the closure. He
said the alley was a dead end
alley. He said the alley was
landscaped and was not being used
as an alley.
The meeting adjourned at 7:45
p.m.
90-305
..
LINDA HAMILTON 1 J Q� 1f1IY�C��v ��`�T1„' � PALMER OEPAULIS
DIFIECTOFI OF FINANCE vr� V MAYOR
DEPARTMENT OE FINANCE
451 SOUTH STATE STREET, ROOM 228
SALT LAKE CITY, UTAH 84111
TELEPHONE (801) 535-6426
MEMORANDUM
TO: City Council
FROM: Linda Hamilton.— -`
c./
DATE: August 30, 1990
SUBJECT: Proposed Freight License Sticker Ordinance (Attached)
1. Subject:
The attached ordinance amends an existing licensing ordinance requiring
an identification sticker to be placed on vehicles to allow them to —�
temporarily park at freight curb loading zones.
2. Reccanrendation:
The Finance Department and Dealt of Community and Economic
Development recnd approval.
3. Funding:
There is no financial impact.
4. Background and Discussion:
The current ordinance refers to identification "plates" which have long
t .,, since bccn replaced by stickers. More importantly, the current ordinance does
not require the sticker to be permanently affixed to the front windshield, nor
does it specifir_ally preclude transfer of the sticker fLQlt car to car. As a
City Council - 2 - August 30, 1990
1;;; result, the sticker is sometimes simply placed on the dash board and moved
from vehicle to vehicle. This makes enforcement of the parking restrictions
on freight loading zones extremely difficult, and has resulted in some
violations being voided. The recommended changes to the ordinance would
eliminate these problems.
5. r egislative Document:
Attached
6. Contact Person:
Revona Stoner, Treasurer's Office Parking AdMinistrator, 535-7946.
7. Submitted By:
Linda Hamilton, Director of Finance
LH/BH/kh
SALT LAKE CITY ORDINANCE
No. of 1990
(Freight License Stickers)
AN ORDINANCE AMENDING SECTIONS 5.26.100 AND 12. 56.330 OF THE
SALT LAKE CITY CODE, RELATING TO FREIGHT LICENSE STICKER ATTACHED
TO VEHICLE AND FREIGHT CURB LOADING ZONES, RESPECTIVELY.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1 . That Section 5.26 . 100, Salt Lake City Code,
relating to Freight license sticker attached to vehicle, be, and
the same hereby is, amended to read as follows:
5.26.100 Freight license sticker attached to vehicle.
Every vehicle licensed under this chapter shall have a
sticker permanently affixed to the front windshield thereof in
such manner that the same may be plainly seen, such sticker to
be furnished by the license supervisor, and which sticker shall
bear a numerical number within the limits of the gross laden
weight for which the vehicle is licensed as provided in Section
5. 26 .060, or its successor ordinance. Said sticker is not
transferable to any other vehicle.
SECTION 2. That Section 12 . 56 . 330, Salt Lake City Code,
relating to Freight curb loading zones, be, and the same hereby
is, amended to read as follows :
12.56.330 Freight curb loading zones.
A. No person shall stop a vehicle or permit the same to
remain stopped for any purpose or length of time other than for
the expeditious loading and/or unloading of materials in any
r r ,:
place marked as a freight curb loading zone during the hours
when the provisions applicable to such zones are in effect.
Vehicles so using freight curb loading zones must have city
freight permit and freight license sticker permanently affixed
to the front windshield of the vehicle as prescribed by city
ordinance. In no case shall the stop for loading and/or
unloading of materials exceed thirty minutes.
B.
SECTION 3. This ordinance shall take effect upon the date
of its first publication.
Passed by the City Council of Salt Lake City, Utah, this
day of , 1990.
CHAIRPERSON
ATTEST:
CITY RECORDER
Transmitted to the Mayor on
Mayor' s action: Approved Vetoed.
MAYOR
ATTEST:
CITY RECORDER
APPROVED AS TO FO.^.0
LAke A orney; Cif ice
-2- ; _......
(SEAL)
Bill No. OF 1990.
Published:
LVS:rc
-3-
DRAFT
r,
SALT LAKE CITY ORDINANCE
No. of 1990
(Freight License Stickers)
AN ORDINANCE AMENDING SECTIONS 5.26.100 AND 12.56.330 OF THE
SALT LAKE CITY CODE, RELATING TO FREIGHT LICENSE STICKER ATTACHED
TO VEHICLE AND FREIGHT CURB LOADING ZONES, RESPECTIVELY.
Be it ordained by the City Council of. Salt Lake City, Utah:
SECTION 1. That Section 5.26.100, Salt Lake City Code,
relating to Freight license sticker attached to vehicle, be, and
the same hereby is, amended to read as follows:
5.26.100 [Licenne plate] Freight license sticker attached to
vehicle.
Every vehicle licensed under this chapter shall have a
(plate] sticker permanently affixed to the front windshield
thereof in such manner that. the same may be plainly seen, such
[plate] sticker to be furnished by the license supervisor, and
which [plate] sticker shall bear a numerical number within the
limits of the gross laden weight for which the vehicle is
licensed as provided in Section 5.26.060, or its successor[-]
ordinance. Said sticker is not transferable to any other
vehicle.
SECTION 2. That Section 12.56.330, Salt Lake City Code,
relating to Freight curb loading zones, be, and the same hereby
is, amended to read as follows:
A
r mil,-
12.56.330 Freight curb loading zones.
A. No person shall stop a vehicle or permit the same to
remain stopped for any purpose or length of time other than for
the expeditious loading and/or unloading of materials in any
place marked as a freight curb loading zone during the hours
when the provisions applicable to such zones are in effect.
Vehicles so using freight curb loading zones must have city
freight permit and [commercial] freight license [platc] sticker
permanently affixed to the front windshield of the vehicle as
prescribed by city ordinance. In no case shall the stop for
loading and/or unloading of materials exceed thirty minutes.
B. * * *
SECTION 3. This ordinance shall take effect upon the date
of its first publication.
Passed by the City Council of Salt Lake City, Utah, this
day of , 1990.
CHAIRPERSON
ATTEST:
CITY RECORDER
Transmitted to the Mayor on
Mayor's action: Approved Vetoed.
MAYOR
-2-
ATTEST:
CITY RECORDER
(SEAL)
Bill No. OF 1990.
Published:
LVS:rc
-3-
LEROY W. HOOTON, JR.
DIRECTOR
WENDELL E. EVENSEN, P.E. macaw.O NgSUPERINTENDENT
WATER SUPPLY&WATERWORKS
E. TIM DOXEY DEPARTMENT OF PUBLIC UTILITIES
SUPERINTENDENT Water Supply & Waterworks PALMER DEPAULIS
WATER RECLAMATION
JAMES M. LEWIS, C.P.A. Water Reclamation MAYOR
CHIEF FINANCE& 1530 SOUTH WEST TEMPLE
ACCOUNTING OFFICER
SALT LAKE CITY, UTAH 84115
GEORGE JORGENSEN, P.E.
CHIEF ENGINEER
TO: Salt Lake City Council August 30, 1990
RE: MEMORANDUM OF UNDERSTANDING BETWEEN SALT LAKE CITY
CORPORATION AND WASATCH, CACHE AND UINTAH NATIONAL
FORESTS, SALT LAKE COUNTY, WASATCH COUNTY, UTAH STATE
PARKS AND RECREATION, CITY OF MIDWAY AND UTAH DIVISION
OF WILDLIFE RESOURCES
•
Recommendation: That the Council approve the agreement and
forward to the Mayor for execution in behalf of the City.
Availability of Funds: No Funds Needed
Discussion: The purpose of the Memorandum of Understanding is to
set up a task force of individuals from the various agencies to
review the proposed master plan for the Brighton ski area.
Please return document to this office for further processing.
Submitted by:
LEROY W HOOTO , JR.
Director
LWH:WEE: lb
LEROY W. HOOTON, JR.
DIRECTOR •
WENDELL E. EVENSEN, P.E. $ \ ��[��ctMKMOM*
SUPERINTENDENT 1J JL�I1�11��`..�r55/u1!l1111
WATER SUPPLY 8 WATERWORKS
E. TIM DOXEY DEPARTMENT OF PUBLIC UTILITIES
SUPERINTENDENT Water Supply & Waterworks PALMER DEPAULIS
WATER RECLAMATION
Water Reclamation MAYOR
JAMES M. LEWIS, C.P.A.
CHIEF FINANCE a 1530 SOUTH WEST TEMPLE
ACCOUNTING OFFICER
SALT LAKE CITY, UTAH 84115
GEORGE JORGENSEN, P.E.
CHIEF ENGINEER
August 30, 1990
Palmer A. DePaulis
Mayor of Salt Lake City
451 South State Street
Salt Lake City, Utah 84111
Dear Mayor DePaulis:
Attached for your approval and signature is a Memorandum of
Understanding between Salt Lake City Corporation and Wasatch,
Cache and Uinta National Forests, Salt Lake County, Wasatch
County, Utah State Parks and Recreation, City of Midway and Utah
Division of Wildlife Resources.
The purpose of this Memorandum of Understanding is to set up a
task force of individuals from the various agencies to review the
proposed master plan for the Brighton ski area.
Sincerely,
LEROY HOOTON JR.
Director
LWH:WEE: lb
Attachment
RESOLUTION NO. OF 1990
AUTHORIZING THE APPROVAL OF
A MEMORANDUM OF UNDERSTANDING
BETWEEN SALT LAKE CITY CORPORATION
AND
WASATCH, CACHE AND UINTA NATIONAL FORESTS,
SALT LAKE COUNTY, WASATCH COUNTY,
UTAH STATE PARKS AND RECREATION,
CITY OF MIDWAY AND
UTAH DIVISION OF WILDLIFE RESOURCES
WHEREAS, Title 11, Chapter 13, U.C.A. , 1953, as amended,
allows public entities to enter into cooperative agreements to
provide joint undertakings and services; and
WHEREAS, the attached agreement has been prepared to
accomplish said purposes;
THEREFORE, BE IT RESOLVED by the City Council of Salt Lake
City, Utah:
1. It does hereby approve the form and substance of the
attached Memorandum of Understanding as follows:
Concerning the review and assessment of the proposed
Master Plan for Brighton Ski Area from Boyne, Utah.
2. Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is
hereby authorized to approve said agreement on behalf of Salt
Lake City Corporation, subject to any minor changes which do not
materially affect the rights and obligations of the City
thereunder.
Passed by the City Council of Salt Lake City, Utah, this
day of , 1990.
SALT LAKE CITY COUNCIL
By
CHAIRPERSON
ATTEST:
CITY RECORDER
RLM:rc
I
United States Forest Wasatch-Cache Salt Lake Ranger District
Department of Service National 6944 South 3000 East
('�) Agriculture Forest Salt Lake City, Utah 84121
(801) 524-5042
Reply to: 1580
Date: August 22, 1990
Mr. Russ Hone
Salt Lake City Dept. of Public Utilities
1530 South West Temple
Salt Lake City, Utah 84115
Dear Russ:
Please find enclosed a copy of the Memorandum of Understanding (MOU) outlining
the joint review for the proposed Master Plan for the Brighton Ski Area. Only
the appropriate pages for your agency' s signature are included to facilitate a
faster response. The numerous pages for signature represent the need for a
specified number of original copies to be deposited with certain agencies.
Since you are the designated representative for your agency, would you please
sign the documents as soon as possible and mail them to the Salt Lake Ranger
District.
Upon receipt of all signed copies we will assemble and distribute the complete
MOU to each agency.
4 If you have any questions, please contact John Hoagland of this office.
Sincerely,
MICHAEL SIEG
District Ranger
U�S Caring for the Land and Serving People
FS•6200.28b(4/88)
MEMORANDUM OF UNDERSTANDING
WITH
WASATCH-CACHE NATIONAL FOREST
UINTA NATIONAL FOREST
WASATCH COUNTY
SALT LAKE COUNTY
UTAH STATE PARKS AND RECREATION
CITY OF MIDWAY
SALT LAKE CITY PUBLIC UTILITIES
UTAH DIVISION OF WILDLIFE RESOURCES
CONCERNING THE REVIEW AND ASSESSMENT
OF THE
PROPOSED MASTER PLAN
FOR
BRIGHTON SKI AREA-BOYNE USA
I . The Parties
The participants to this Memorandum of Understanding (MOU) are the
USDA Forest Service, (Forest Service) ; the Board of County Commissioners,
Wasatch County and Salt Lake County (County) ; Utah State Parks and Recreation
(State) , the Town of Midway (Town) ; Salt Lake City Public Utilities (City) ; the
Division of Wildlife Resources (Division) and Brighton Ski Area (Proponent) ;
all such participants sometimes collectively hereinafter referred to as the
"Parties. "
II . Introduction and Purposes
On May 17 , 1990 the Proponent presented to the Forest Service and the
Counties a Master Plan outlining long and short term development goals for the
ski area. These goals include development on both National Forest lands and
private lands in both Counties.
The Parties find it appropriate and in the public interest to gather
information on the Project for inclusion in the environmental analysis to be
prepared by the Forest Service or its approved contractor and to be reviewed by
the Forest Service.
The Parties also recognize that each has certain special opportunities
for providing information and technical services, and that each has certain
responsibilities for decisions related to the project and its consequences;
and, the Parties agree to perform such functions in a timely manner.
All Parties further agree that this MOU shall not operate to unduly
influence or prejudice the outcome of any specific decision contemplated in the
scope of this review and assessment.
The purpose of this MOU is to set forth the conditions and procedures
to be followed to complete the major steps of the Joint Review Process (JRP) ,
listed in Exhibit A, for the simultaneous accomplishment of and compliance with
the National Environmental Policy Act (NEPA) , an Environmental Document under
the framework of Council on Environmental Quality (CEQ) Reg. 40 C.F.R. 1506.5,
and the National Forest Management Act of 1976.
For Wasatch County, the Wasatch County Development Code, as delegated
by title 17, chapter 27 of the Utah Code Annotated, 1953.
III. Roles
The Forest Service is responsible for the administration of the
National Forest System lands and the implementation of policies and plans for
the use thereof, including the issuance of special use permits for commercial
alpine skiing on these lands.
Wasatch County has jurisdiction for Planning, Zoning and Building
review and approval in the unincorporated areas of Wasatch County, Utah.
Wasatch County is a general purpose government and exercises primary police
powers for the public health and safety in the unincorporated areas of Wasatch
County as well as providing for or regulating most public services in the
unincorporated areas of the County, including police, jail, search and rescue,
emergency dispatch and fire suppression services.
Salt Lake County is responsible for the administration and
implementation of land use policies, planning, and ordinances for all land in
the County under its jurisdiction, including the issuance of permits.
Salt Lake Public Utilities is responsible for control of its
Watersheds, surplus water contracts, all City owned lands and the
implementation of policies and plans for the use thereof.
The State Division of Parks and Recreation by statute, administrative
rule and policy must preserve, protect, and otherwise manage the physical,
biological and cultural resources within the boundaries of Wasatch Mountain
State Park.
City of Midway has jurisdiction for planning, zoning and building
review and approval for all areas and developments within the City boundaries
of Midway. The City of Midway has further jurisdiction or influence for
developments in the area of the boundaries outside of the City of Midway
according to State Law relating to annexations.
The State Division of Wildlife Resources is the wildlife authority for
the State of Utah and has the responsibility to protect, propagate, manage,
conserve, and distribute protected wildlife throughout the state.
The Brighton Ski Area is responsible for providing information about
the proposal to properly evaluate it, to show that potential adverse effects
will be mitigated to acceptable standards, to meet the criteria and standards
established and to show how the work will be performed in accordance with
approved plans .
The Parties are responsible for providing appropriate information
relative to the Project proposal so that it may be properly evaluated.
Further, the Parties are responsible for reviewing in a timely manner the EIS
to assure all significant issues have been addressed and potential
environmental impacts have been adequately reviewed and assessed.
IV. Implementation
All parties agree to further study the Project proposal,to establish a
Joint Review committee and to cooperate in the following manner:
A. Each and all Parties will:
1. Be responsible for certain specific concerns and activities to
be mutually agreed upon.
2. Adhere to, as much as possible, the schedule for the project
attached here as Exhibit A. Should a major schedule change be
contemplated, the parties will review the circumstances and
determine how and if the schedule should be modified.
3. Share expertise with other Parties .
4. Provide the analysis of those elements of the project proposal
which are subject to each Party's individual jurisdiction.
S. Share information related to the Project proposal with all
Parties.
6. Jointly recommend to the Forest Supervisor, Wasatch-Cache
National Forest, an independent consultant or consultants where
needed as provided under this MOU.
7. Define required criteria and have data in their areas of
responsibility.
B. The Forest Service will:
1. Be responsible for the administration and implementation of
policies and plans for the use of National Forest System lands,
including the issuance and administration of special use permits
for commercial and non-commercial uses on these lands.
2. The Forest Supervisors of the Wasatch-Cache and Uinta National
Forests will coordinate their respective responsibilities. The
Wasatch-Cache will primarily serve as the lead Forest as
appropriate.
3 . Serve as the lead agency in supervising and guiding the
preparation of the EIS and directing the consultant.
4. In consultation with the Joint Review committee be responsible
for review and approval of the scope of work for the proponents'
retained consultants.
5. Will direct the consultants in matters relative to NEPA and
preparation of NEPA documents.
6. Be responsible for accuracy, verification, scope and content
of material used in preparation of NEPA documents.
7. Prepare and distribute the EIS in a prescribed manner and
format to satisfy:
(a) Requirements under NEPA and guidelines promulgated
pursuant to NEPA, FSM and FSH.
C. Wasatch County Will:
1. Cooperate with the lead agency in the preparation of the EIS.
2 . Consult with the parties to this agreement and provide a scope
of work for the consultants as needed for Wasatch County
decisions relative to the proposal.
3. Direct the consultants in matters relative to the Wasatch
County Development Code.
4. Review and provide comments about the material used in
preparation of NEPA documents and other documents as required to
meet the standards of Wasatch County.
5. Conduct hearings and perform all other duties required of
Wasatch County under the Wasatch County Development Code.
6. Coordinate all water quality matters regarding the Deer Creek
and Jordanelle Reservoir Management Plan and the Jordanelle
Technical Advisory Committee.
D. Salt Lake County Will:
1. Participate in guiding the preparation of the EIS by providing
direction on Salt Lake County's views.
2. Insure the proposal complies with Salt Lake County Ordinances,
the Wasatch Canyons Master Plan and the permitting process.
3. Participate in public hearings and provide direction on
requirements of Salt Lake County's review process for that
portion of the Plan that falls under it' s jurisdiction.
4. In consultation with the Joint Review Committee be responsible
for review and approval of the scope of work for the proponents'
retained consultants.
5. Participate in reviewing the overall Master Plan to insure the
proposal does not negatively affect the canyon environment and
especially transportation and parking within Big Cottonwood
Canyon.
E. The State Division of Parks and Recreation Will:
1. Will advise and recommend to the lead agency, Forest Service,
regarding those aspects of the proposal that may impact on the
functions of the division and the Wasatch Mountain State Park.
2. Submit Division response comments as necessary to project
proponents and the committee.
F. The City of Midway Will:
1. Conduct hearings and perform all other duties allowed or
required of Midway City under the jurisdiction of State law or
the Midway City Zoning Ordinance.
2. Serve as one Agency in reviewing proposals relating to
watershed in the Wasatch County portion of the project.
3. Serve as one Agency in the review of transportation proposals
in the Wasatch County portion of the proposal.
G. The Salt Lake City Will:
1. Serve as the agency in supervising and guiding the protection
of Salt Lake City' s Watershed in Salt Lake County.
2. Assist in the developing of a program which determines the
amount, type and location of future development in the canyons.
3. Solely determine if, when and where any surplus water will be
available for future development in Salt Lake County.
H. The State Division of Wildlife Resources Will:
1. Identify wildlife habitats present within the project area.
2. Identify potential impacts to wildlife from the project
proposal.
3. Identify plans for mitigation, compensation, and enhancement
of wildlife.
4. Submit Division response comments as necessary to project
proponents and the committee.
I. The Proponent Will:
1. Recommend as a party to the MOU and pay costs for the
retention of independent private consultant(s) whose
responsibility will be be preparation of data for completion of
the EIS.
2. Enter into a collection agreement with the Wasatch-Cache
National Forest whereby the proponent will provide funds to the
Forest Service to cover the estimated cost of completing the EIS
and associated administrative costs.
3. The Proponent will be responsible for the submission of a
Master Plan proposal in sufficient detail to allow the parties to
complete each step of the JRP. The Master Plan proposal shall
become part of the assessment document.
J. The consultant will:
1. Be under the direction of the Lead Agency.
2. Through the Forest Service, cooperate with and be responsive
to the JRP and all participating entities.
3. Will be compensated by the proponent upon Forest Service
review of invoices for services.
V. Amendments
Any change or amendment to this MOU or any attachments hereto may be made
only with the consent of all Parties of the lead agency.
VI. Miscellaneous Provisions
All parties shall have an opportunity to participate in the development of
the work outline for items within their individual areas of jurisdiction.
Nothing in this MOU shall be construed as obligating the Parties to expend
funds, or involving said parties in any obligation for future payment of money
in excess of appropriations already authorized.
No member of or delegate to Congress, or resident commissioner shall take
part in this MOU, or benefit herefrom.
In carrying out the terms of this MOU, there shall be no discrimination
against any person because of race, creed, color, sex or national origin.
Any Party may hire any additional consultant(s) at its own costs and
without the approval of the other Parties hereto.
Any Party may terminate participation in this MOU by providing 30 days
written notice to the other parties hereto.
EXHIBIT A
ACTION SCHEDULE FOR BRIGHTON MASTER PLAN
INTERNAL ACTIONS, NEPA STEPS AND
EXTERNAL ACTIONS
Internal Actions NEPA Steps External Actions
-Review Master Plan Proposed action Brighton meet with parties to
agree on content. 5/17-7/15 Brighton Master agree on MP content.
Plan-Snake Ck. Sign Collection agreement.
1. Plan content meeting
Collection Agreements
Work Planning 7/3
-Review public reaction ' Initial sco.in• ' Wasatch Co. Summarize public
to proposal 6/15-7/16 meetings.
1. Public Involvment meeting
Review meetings to date
Scoping review 7/12
-Review analysis to 'Analysis' Alpentec and others complete
date (ie Alpentec) 7/1-31 initial analysis.
1. Consultant to schedule
Report to FS by 7/31
-Prepare joint review Determination of Review of joint review
documents 6/15-7/15 si•nificance by other entities.
-Sign joint review Other entities to sign
documents 7/31 agreement.
1. Joint review committee
meeting 7/31
-File in Federal 'Notice of Intent'
register 7/15 Brighton to send consultant
recommendations to FS 6/25
-Scoping letter 8/10 'public Scoping'
1. Scoping Meeting 7/16 FS with consultant and joint
review committee.
-Scoping period 8/3-9/30
1. First ID team meeting
FS and consultant teams
8/17
2. Schedule first public meeting Consultant Organize, FS to
Wasatch Co. and Salt Lake Co. facilitate
-ID team and Environmental
consultant analysis 8/30-10/30 Analysis Consultant analysis due 11/4
1. Formal ID team meeting
Analysis Progress 9/19
-Write Draft EIS 10/15-12/1 'Pre are Draft'
-Begin SO review 12/1 Consultant to help with draft
-Prepare filing 1/14-1/18 'Filin Notice' Arrange for printing of draft
1. Formal ID team meeting
Final analysis review 1/15
-Complete SO review 1/15 'Draft EIS'
-File with EPA 1/30
1. Schedule second public meetings
-45 days ending 3/16/91 'Review Period' Content analysis of public
comments .
-Prepare final from Prepare Final
comments 1/15-4/15 EIS
Consultant to help with final
-Prepare filing 4/22-4/26 'File with EPA'
Arrange for printing of final
-File with EPA 5/1 ' Final EIS
-Issue FIES 5/15 Record of Obtain necessary permits
-Issue Rec of Dec 5/15 Decision
-Appeal period ends 6/30 'Appeal Period' Develop monitoring and
inspection plan
-May implement if Implementation
necessary 7/1/91 if necessary
EXHIBIT B
Consultant Analysis Team
(Tenative)
1. DEMOGRAPHIC AND ECONOMIC ANALYSIS
Utah Office of Planning and Budget
Brad Barber, Director
2. VISUAL ANALYSIS AND GRAPHICS
Landmark, Inc.
Jan Striefel, President
3. TRANSPORTATION, HIGHWAY AND PARKING ANALYSIS
Centennial Engineering, Inc.
David W. Berg, Vice President
4. SOIL, WATER AND VEGETATION RESOURCES ANALYSIS
Mount Nebo Scientific
Patrick Collins, Phd. President
5. WATER QUALTIY ANALYSIS
Hansen, Allen, and Luce
Bill Luce, Partner
EXHIBIT C
Joint Review Committee Representatives
WASATCH-CACHE NATIONAL FOREST
JOHN F. HOAGLAND
UINTA NATIONAL FOREST
STEVE WINSLOW
WASATCH COUNTY
BOB MATHIS
CITY OF MIDWAY
RANDY DECHAMPS
SALT LAKE CITY PUBLIC UTILITIES
RUSS HONE
SALT LAKE COUNTY
CAL SCHNELLER
UTAH STATE DIVISION OF WILDLIFE RESOURCES
PAUL TERVORT
UTAH STATE DIVISION OF PARKS AND RECREATION
TERRY GREEN
WASATCH MOUNTAIN STATE PARK
DON MORGAN
This MOU shall be effective upon the signatures of all Parties identified
below.
Approved
SALT LAKE CITY
By:
Mayor
Attested by:
City Recorder
MIKE ZUHL SAL LAKE lilt CORPORATION, LEE KING
1%TE RIM()till-.:TOR DEPUTY DIRECTOR
COMMUNITY AND ECONOMIC DEVELOPMENT
451 SOUTH STATE STREET. ROOM 418
SALT LAKE CITY, UTAH 84111
TELEPHONE 535-7777
To: Salt Lake City Council September 11, 1990
Re: Petition No. 400-768 and 400-842 submitted by Ensign Downs, Inc.
Recommendation: That the City Council hold a public hearing on October 16,
1990 at 6:30 p.m. to discuss Petition Nos. 400-768 and 400-842 submitted by
Ensign Downs, Inc. The petitioners are requesting that property located at
approximately 1100 East Capitol Boulevard, approximately 10 Dorchester and
west of Ensign Peak at approximately 1000 North Street be rezoned from "R-
1" to a "R-IA" classification.
Availability of Funds: Not applicable
Discussion and Background: The petitioners are requesting the zone change
to allow three separate planned unit developments within the Ensign Downs
development master plan area. The current zoning is "R-1" (Single Family
Residential) and P-1" (Foothill Preservation District) . The requested
zoning will allow Planned Unit Developments.
Additional information will be provided to the City Council before the
public hearing date. A briefing and a tour have been scheduled for
September 24, 1990.
Legislative Action: An ordinance will be prepared and submitted for your
review prior to the public hearing date.
Submitted by:
ICHAEL B. Z
Interim Direc
LAW OFFICES
BALLARD, SPAHR, ANDREWS a INGERSOLL 2Or„ FLooR
AMERICAN PLAZA II, SUITE 400 30 SOUTH 17,, STREET
PHILADELPHIA,PA 19103
57 WEST 200 SOUTH ONE WESTLAKES
SALT LAKE CITY, UTAH 84101 1235 WESTLAKES DRIVE
BERWYN, PA 19312
801 359-1800
SUITE 2300
TELECOPIER:801 521-5364 1226 17,4 STREET
CABLE:BALLARD
DENVER,CO 80202
SIESMAYERSTRASSE 44
• D 6000 FRANKFURT/MAIN 1
FEDERAL REPUBLIC OF GERMANY
SUITE 900 EAST
555 13r,, STREET, N.W.
WASHINGTON,D.C.20004
September 12, 1990
HAND DELIVERED
o
S E P 1 1990
SALT LAKE CITY COUNCIL
Ms. Cindy Gust-Jensen
City Council Office
Salt Lake City
451 South State Street
Salt Lake City, UT
Dear Cindy:
Enclosed are seven copies of a resolution to be considered
by the City Council at the September 18, 1990 meeting approving
supplements to the Lease and Sublease Agreements with respect to
the Salt Lake City-Compeq tax-exempt lease financing. Also
enclosed is a suggested paragraph for the meeting agenda.
Roger Cutler has reviewed and approved the resolution and
the supplements, noting that this step was anticipated in the
original financing documents. Bob Buchanan was provided with
copies of the documents by my transmittal letter of September 6,
1990. A blacklined copy of the resolution is being sent to both
Roger and Bob by copy of this letter indicating revisions made
since September 6. Buzz Hunt has been notified that we have
requested the resolution be placed on the agenda and a copy of
the documents are being provided to him by copy of this letter,
also.
September 12, 1990
Page 2
If you have any questions or concerns, please call me or
Kathy, my legal assistant.
Sincerely,
iftZ-
Richard S. Fox
/kj
c: Roger Cutler
B. L. Hunt
Bob Buchanan
Julie Hong
ED146O7 (Pr)
Salt Lake City, Utah
September 18, 1990
The City Council (the "City Council" ) of Salt Lake City,
Salt Lake County, Utah met in regular session on September 18,
1990, at its regular meeting place in Salt Lake City, Utah,
at 6:00 p.m. with the following members of the City Council
present:
Alan Hardman Chair
Nancy Pace Vice Chair
Thomas M. Godfrey Councilmember
L. Wayne Horrocks Councilmember
Don C. Hale Councilmember
Roselyn N. Kirk Councilmember
Ronald Whitehead Councilmember
Also present:
Palmer A. DePaulis Mayor
Roger F. Cutler City Attorney
Kathryn Marshall City Recorder
Absent:
After the meeting had been duly called to order and after
other matters not pertinent to this resolution had been
discussed, the City Recorder presented to the City Council a
Certificate of Compliance With Open Meeting Law with respect
to this September 18, 1990 meeting, a copy of which is
attached hereto as Exhibit "A" .
The Chair then stated that the meeting was called for the
purpose, among other things, of authorizing Supplements to a
Lease-Purchase Agreement between Gelco Finance Corporation,
as Lessor, and Salt Lake City, Utah, as Lessee, dated as of
December 15, 1989 and a Sublease-Purchase Agreement between
Salt Lake City, Utah, as Sublessor, and Compeq International
Co. , Ltd. , as Sublessee, dated as of December 15, 1989 .
Thereupon, the following resolution was introduced in
written form, discussed in full, and pursuant to motion made
by Councilmember and seconded by
Councilmember , adopted by the following
vote:
YEA:
NAY:
The resolution was then signed by the Chair, presented
to and approved by the Mayor and recorded by the City Recorder
in the official records of Salt Lake City, Utah. The
resolution is as follows:
BD146O7 (PE) 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL (THE
"CITY COUNCIL" ) OF SALT LAKE CITY, UTAH
APPROVING AND AUTHORIZING EXECUTION OF A
FIRST SUPPLEMENT TO A LEASE-PURCHASE
AGREEMENT BY AND BETWEEN GELCO FINANCE
CORPORATION, AS LESSOR, AND SALT LAKE
CITY, UTAH, AS LESSEE, DATED AS OF
DECEMBER 15 , 1989 AND A FIRST SUPPLEMENT
TO A SUBLEASE-PURCHASE AGREEMENT BY AND
BETWEEN SALT LAKE CITY, UTAH, AS
SUBLESSOR, AND COMPEQ INTERNATIONAL CO. ,
LTD. , AS SUBLESSEE, DATED AS OF DECEMBER
15, 1989 .
WHEREAS, Salt Lake City, Utah (the "City" ) has entered
into a $1 , 000,000 Tax-Exempt Lease Purchase to finance a
portion of the costs of the acquisition of certain equipment
described on Exhibit "B" attached hereto (the "Equipment" ) ;
and
WHEREAS, in order to effectuate the financing of such
equipment the City entered into a Lease Agreement by and
between Gelco Finance Corporation, as Lessor, and Salt Lake
City, Utah, as Lessee, dated as of December 15, 1989 (the
"Lease" ) and a Sublease Agreement by and between Salt Lake
City, Utah, as Sublessee, and Compeq International Co. , Ltd. ,
as Sublessee, dated as of December 15, 1989 (the "Sublease" )
(the Lease and the Sublease are sometimes collectively
referred to herein as the "Lease-Purchase Documents" ) ; and
WHEREAS, the Parties to the Lease-Purchase Documents
entered into an Escrow Agreement also dated as of December
15, 1989 by and among the Lessor, the Lessee, the Sublessor
BD14607 (PE) 3
and the Sublessee with Zions First National Bank as Escrow
Agent pertaining to the financing of the Equipment; and
WHEREAS, proceeds of the Lease and Sublease are being
held by the Escrow Agent pending the issuance of a Letter of
Credit and Guaranty as provided in the Escrow Agreement; and
WHEREAS, agreement has been reached as to a Letter of
Credit, a Substitute Letter of Credit, a Letter of Credit
Provider, provisions allowing for a substitute Letter of
Credit Provider and the form of the Guarantee; and
WHEREAS, construction of the plant into which the
Equipment must be installed has commenced and provision for
the Letter of Credit, Substitute Letter of Credit and
Guarantee are prerequisites for the drawing of moneys from
the Equipment Acquisition Fund under the Escrow Agreement;
and
WHEREAS, the Parties to the Lease-Purchase Documents
desire to supplement the Lease-Purchase Documents pursuant to
the First Supplement to Lease-Purchase Agreement in
substantially the form attached hereto as Exhibit "C" and the
First Supplement to Sublease-Purchase Agreement in
substantially the form attached hereto as Exhibit "D" and
presented to the meeting at which this Resolution was adopted
(Exhibit "C" and Exhibit "D" collectively referred to herein
as the "Supplements" ) .
NOW, THEREFORE, It Is Hereby Resolved by the City
Council of Salt Lake City, Utah as follows :
BD14607 (Pr) 4
Section 1 . The terms defined or described in the
recitals hereto shall have the same meanings when used in the
body of this Resolution.
Section 2 . The form of Supplements attached hereto
as Exhibits "C" and "D" are hereby approved with such
additions, modifications, deletions and changes thereto as
may be deemed necessary or appropriate and approved by the
City' s Mayor, whose execution thereof on behalf of the City
shall conclusively establish such necessity, appropriateness
and approval with respect to all such additions,
modifications, deletions and changes incorporated therein.
Section 3 . The Mayor and City Recorder are hereby
authorized and directed to execute and attest the Supplements
on behalf of the City.
Section 4. The Mayor and City Recorder and all other
appropriate officers of the City are hereby authorized to
take all other actions necessary or reasonably required to
carry out, give effect to and consummate the transactions
contemplated hereby and by the Supplements .
Section 5 . It is hereby declared that all parts of
this Resolution and its Exhibits are severable, and if any
section, paragraph, clause or provision of this Resolution
and its Exhibits shall , for any reason, be held to be invalid
or unenforceable, the invalidity or unenforceability of any
such section, paragraph, clause or provision shall not affect
the remaining provisions of this Resolution and its Exhibits .
BD146O7 (PF) 5
Section 6 . All resolutions, orders and regulations
or parts thereof heretofore adopted or passed which are in
conflict with any of the provisions of this Resolution are,
to the extent of such conflict, hereby repealed. This
repealer shall not be construed so as to revive any
resolution, order, regulation or part thereof heretofore
repealed.
Section 7 . This Resolution shall take effect
immediately upon its approval and adoption by the City
Council.
APPROVED AND ADOPTED this day of September, 1990.
Chair
Attest:
City Recorder
( S E A L )
B11)146O7 (PF) 6
PRESENTATION TO THE MAYOR
The foregoing resolution was presented to the Mayor Pro
Tem for his approval or disapproval on the day of
September, 1990.
Chair
MAYOR' S APPROVAL OR DISAPPROVAL
The foregoing resolution is hereby approved this
day of September, 1990.
Michael B. Zuhl
Mayor Pro Tem
BD14607 (PF) 7
STATE OF UTAH )
. ss.
COUNTY OF SALT LAKE )
I , Kathryn Marshall , the duly qualified and acting City
Recorder of Salt Lake City, Utah do hereby certify according
to the records of the City in my official possession that the
foregoing constitutes a true and correct copy of the minutes
of the meeting of the City Council held on September 18,
1990, including a resolution adopted at said meeting as said
minutes and resolution are officially of record in my
possession.
IN WITNESS WHEREOF, I have hereunto subscribed my
official signature and impressed hereon the official seal of
the City, this day of September, 1990.
City Recorder
( S E A L )
SD146O7 (PF) 8
as Schedule "A" to be delivered to the Deseret News
on September _, 1990, at least 24 hours before the
convening of the meeting.
IN WITNESS WHEREOF, I have hereunto subscribed my
signature and impressed hereon the official seal of Salt Lake
City this day of September, 1990.
City Recorder
( S E A L )
BD14607 (Ps) 10
SCHEDULE "A"
Notice of Meeting
BD146O7 (Pr) 11
EXHIBIT "B"
EQUIPMENT LIST
BD14607 (PE) 12
EXHIBIT "C"
FIRST SUPPLEMENT TO LEASE-PURCHASE AGREEMENT
ED14607 (PE) 13
BD14138 (Ps)
FIRST SUPPLEMENT TO
LEASE-PURCHASE AGREEMENT
This Supplement dated as of the day of
1990 (the "First Supplement" ) supplements and amends the
Lease-Purchase Agreement between Gelco Finance Corporation as
Lessor and Salt Lake City, Utah as Lessee dated as of the 15th
day of December, 1989 (the "Lease" ) . The terms with initial
capitalized letters in this Agreement, but not defined herein,
shall have the meanings given to them in the Lease. This
First Supplement between the Lessor and Lessee of the Lease
modifies the Lease only as specifically provided herein. All
other provisions of the Lease remain in full force, unchanged
by this First Supplement.
RECITALS
WHEREAS, on or about December 15, 1989, Gelco Finance
Corporation as Lessor and Salt Lake City, Utah as Lessee
entered into the Lease, and Salt Lake City, Utah as Sublessor
and Compeq International Co. , Ltd. , now known as Compeq
International Corp. , as Sublessee entered into a Sublease; and
WHEREAS, the parties entered into an Escrow Agreement
also dated as of December 15, 1989 by and among the Lessor,
the Lessee, the Sublessor and the Sublessee with Zions First
National Bank as Escrow Agent pertaining to the financing of
the Equipment described on Exhibit "A" of the Lease and
Sublease ; and
WHEREAS, proceeds of the Lease and Sublease are being
held by the Escrow Agent pending the issuance of a Letter of
Credit and Guaranty as provided in the Escrow Agreement; and
WHEREAS, agreement has been reached as to acceptable
terms of a Letter of Credit, the requirements for a Substitute
Letter of Credit, a Letter of Credit Provider, provisions
allowing for a Substitute Letter of Credit Provider, and the
form of the Guarantee ; and
WHEREAS, Sublessee has commenced construction of the
plant into which the Equipment must be installed and provision
for the Letter of Credit, Substitute Letter of Credit and
Guarantee are prerequisites for the drawing down of moneys in
the Equipment Acquisition Fund under the Escrow Agreement;
NOW, THEREFORE, in the joint and mutual exercise of their
powers and in consideration of the mutual covenants herein
contained, the parties hereto recite and agree to the
amendment of the Lease as follows:
ARTICLE I
Section 1 . 1 First Supplement to the Lease. This First
Supplement is supplemental to the Lease and is executed in
accordance with Section 11 . 4 of the Lease under which
amendments, changes and modifications of the Lease are
authorized.
Section 1 . 2 Definitions. Unless the context clearly
requires otherwise and except as otherwise defined herein, the
meanings of all terms used herein shall have the meanings set
forth in Article I of the Lease as supplemented by the
following defined terms:
First Supplement: This First Supplement to the Lease,
all as more specifically identified in the first paragraph of
this First Supplement.
Letter of Credit: The definition in the Lease of Letter
of Credit shall be replaced by the following: A standby
letter of credit for one-half of the outstanding balance under
the Lease and Sublease plus interest on one-half of the
balance of said principal for a period of 290 days. The
initial Stated Amount of the Letter of Credit is $531,215 . 60,
which amount will be decreased when principal and interest are
paid so as to reduce the outstanding balance of the Bonds .
Letter of Credit Provider: Zions First National Bank in
Salt Lake City, Utah, in place of the Letter of Credit
Provider identified in the Lease.
Substitute Letter of Credit: A letter of credit
satisfying the conditions set forth in Section 7 . 8 of the
First Supplement to the Sublease-Purchase Agreement, replacing
the Sublease as amended by Section 2 . 3 of the Letter of Credit
prior to the expiration and in lieu of the renewal of the
Letter of Credit.
Substitute Letter of Credit Provider: The issuer of a
Substitute Letter of Credit to be approved by the Lessor upon
a showing of compliance with the conditions of Section 7 . 8 of
the First Supplement to the Sublease-Purchase Agreement,
pertaining to the Substitute Letter of Credit.
ARTICLE II
AMENDMENTS TO THE LEASE
Section 2 . 1 Amendment of Section 4.2 . Section 4. 2 of
the Lease is amended by the addition of Subsection (d) to read
as follows:
BD14138 (PF) 2 09/12/90
(d) The prepayment of the Lease-Purchase Payments
with respect to the Equipment after requisitioning a draw
on the Letter of Credit pursuant to the extraordinary
mandatory prepayment requirement set out in Section 2 .2
of the First Supplement to the Lease.
Section 2 .2 Amendment of Section 5. 1 of the Lease.
Section 5 . 1 of the Lease is amended by a sentence to be added
at the end of Section 5. 1 to read as follows : Money paid to
the Sublessor and thence to the Lessor, on behalf of the
Sublessee by the Letter of Credit Provider, the Substitute
Letter of Credit Provider or the Guarantor, shall be deemed
to be paid by the Sublessee.
2 . 3 Amendment of Section 5.2 of the Lease. Section 5 . 2
of the Lease is amended by replacing the first sentence of
Section 5.2 with a new sentence to read as follows: All
Lease-Purchase Payments and any other amounts required to be
paid by Lessee pursuant to this Lease shall be paid only from
moneys required to be paid by, or on behalf of, Sublessee
pursuant to the Sublease .
2 .4 Amendment of Article VIII of the Lease. Article
VIII of the Lease is amended by the addition of a new Section
8. 4 to read as follows:
Section 8. 4 Extraordinary Mandatory Prepayment.
In the event notice of renewal of the Letter of Credit
or a Substitute Letter of Credit is not received within
thirty (30) days preceding the termination of the term
of the Letter of Credit, or the termination of any term
of renewal or extension thereof, the entire balance of
principal plus interest due under the Lease will be
subject to an extraordinary mandatory prepayment and
Lessor will requisition a draw on the Letter of Credit
in accordance with its terms for the amount available to
be drawn thereunder. To the extent amounts paid by the
Letter of Credit Provider or Substitute Letter of Credit
Provider are inadequate to fully fund the extraordinary
mandatory prepayment, such Letter of Credit proceeds
shall be supplemented by other funds available to the
Sublessee and the Guarantor. In the event of failure by
Sublessee and Guarantor to fully comply with the
requirements of the extraordinary mandatory prepayment,
Lessor shall retain and credit against the balance due
under the Lease, all moneys paid by the Letter of Credit
Provider or Substitute Letter of Credit Provider together
with any other moneys paid to Lessor. Remedies provided
in the Lease for events of default shall be available to
the Lessor for any deficiency between the total amount
BD14138 (PF) 3 09/12/90
then due under the Lease and the amount received by the
Lessor.
III
EFFECTIVE DATE
Section 3 . 1 Effective Date of First Supplement. Save
and except as supplemented by this First Supplement, the Lease
shall remain in full force 'and effect. The effective date of
this First Supplement shall be the date of execution as
indicated above the signature line for the Lessor. This First
Supplement may be executed in counterparts, each of which
shall be deemed an original and all of which, when so executed
and delivered, shall constitute but one and the same
instrument.
IN WITNESS WHEREOF, Lessee and Lessor cause this First
Supplement to be executed all as of this day of
1990.
GELCO FINANCE CORPORATION
By
SALT LAKE CITY, UTAH
By
Mayor
ATTEST:
City Recorder
BD14138 (PF) 4 09/12/90
EXHIBIT "D"
FIRST SUPPLEMENT TO SUBLEASE-PURCHASE AGREEMENT
BD14607 (PF) 14
ED14482 (PF)
FIRST SUPPLEMENT TO
SUBLEASE-PURCHASE AGREEMENT
This Supplement dated as of the day of
1990 (the "First Supplement" ) supplements and amends the
Sublease-Purchase Agreement between Salt Lake City, Utah as
Sublessor and Compeq International Corp. , formerly known as
Compeq International Co. , Ltd. , as Sublessee dated as of the
15th day of December, 1989 (the "Sublease" ) . The terms with
initial capitalized letters in this Agreement, but not defined
herein, shall have the meanings given to them in the Sublease.
This First Supplement between the Sublessor and Sublessee of
the Sublease modifies the Sublease only as specifically
provided herein. All other provisions of the Sublease remain
in full force, unchanged by this First Supplement.
RECITALS
WHEREAS, on or about December 15, 1989, Gelco Finance
Corporation as Lessor and Salt Lake City, Utah as Lessee
entered into the Lease, and Salt Lake City, Utah as Sublessor
and Compeq International Co. , Ltd. , now known as Compeq
International Corp. , as Sublessee entered into a Sublease; and
WHEREAS, the parties entered into an Escrow Agreement
also dated as of December 15, 1989 by and among the Lessor,
the Lessee, the Sublessor and the Sublessee with Zions First
National Bank as Escrow Agent pertaining to the financing of
the Equipment described on Exhibit "A" of the Lease and
Sublease; and
WHEREAS, proceeds of the Lease and Sublease are being
held by the Escrow Agent pending the issuance of a Letter of
Credit and Guaranty as provided in the Escrow Agreement; and
WHEREAS, agreement has been reached as to acceptable
terms of a Letter of Credit, the requirements for a Substitute
Letter of Credit, a Letter of Credit Provider and provisions
for a Substitute Letter of Credit Provider, and the form of
the Guarantee ; and
WHEREAS, Sublessee has commenced construction of the
plant into which the Equipment must be installed and provision
for the Letter of Credit, Substitute Letter of Credit and
Guarantee are prerequisites for the drawing down of moneys in
the Equipment Acquisition Fund under the Escrow Agreement;
NOW, THEREFORE, in the joint and mutual exercise of their
powers and in consideration of the mutual covenants herein
contained, the parties hereto recite and agree to the
amendment of the Sublease as follows :
ARTICLE I
Section 1 . 1 First Supplement to the Sublease. This
First Supplement is supplemental to the Sublease and is
executed in accordance with Section 13 . 5 of the Sublease under
which amendments, changes and modifications of the Sublease
are authorized.
Section 1 .2 Definitions. Unless the context clearly
requires otherwise and except as otherwise defined herein, the
meanings of all terms used herein shall have the meanings set
forth in Article I of the Sublease as supplemented by the
following defined terms :
First Supplement: This First Supplement to the Sublease,
all as more specifically identified in the first paragraph of
this First Supplement.
Letter of Credit: The definition in the Sublease of
Letter of Credit shall be replaced by the following: A
standby letter of credit for one-half of the outstanding
balance under the Lease and Sublease plus interest on one-
half of the balance of said principal for a period of 290
days. The initial Stated Amount of the Letter of Credit is
$531, 215 . 60, which amount will be decreased when principal and
interest are paid so as to reduce the outstanding balance of
the Bonds .
Letter of Credit Provider: Zions First National Bank in
Salt Lake City, Utah, in place of the Letter of Credit
Provider identified in the Sublease .
Substitute Letter of Credit: A letter of credit
satisfying the conditions set forth in Section 7 . 8 herein,
replacing the Letter of Credit prior to the expiration and in
lieu of the renewal of the Letter of Credit.
Substitute Letter of Credit Provider: The issuer of a
Substitute Letter of Credit to be approved by the Lessor upon
a showing of compliance with the conditions of Section 7 . 8 of
the Sublease as amended by Section 2 . 2 of this First
Supplement to the Sublease pertaining to the Substitute Letter
of Credit.
ARTICLE II
AMENDMENTS TO THE SUBLEASE
Section 2 . 1 Amendment of Section 4.2 . Section 4.2 of
the Sublease is amended by the addition of Subsection (d) to
read as follows:
BD14482 (PF) 2 09/12/90
(d) The prepayment of the Sublease-Purchase
Payments with respect to the Equipment after
requisitioning a draw on the Letter of Credit pursuant
to the extraordinary mandatory prepayment requirement set
out in Section 2 .3 of the First Supplement to the
Sublease.
Section 2 . 2 Amendment of Article VII of the Sublease
Regarding Letter of Credit and Substitute Letter of Credit
Provisions. Article VII of the Sublease is amended by the
addition of new Sections 7 . 5 through 7 .8 to read as follows:
Section 7 . 5 Letter of Credit. Prior to drawing
from the Equipment Acquisition Fund the Sublessee shall
furnish to Lessor the Letter of Credit, being an
Irrevocable Standby Letter of Credit in favor of the
Lessor for one/half of the principal balance due under
the Sublease and Lease plus 290 days interest at the rate
of 7 . 75% per annum on 50% of the principal balance of the
Lease and Sublease and having an expiration date not
earlier than 106 days following any Payment Date. The
Letter of Credit shall be substantially in the form of
attached Exhibit "A" .
Section 7 . 6 Extension. The Sublessee may arrange
to extend the term of the Letter of Credit for an
additional term of not less than one year. The Sublessee
shall give Lessor and the Escrow Agent written notice of
such extension, no later than sixty (60) days preceding
the expiration date of the Letter of Credit. If granted,
copies of the Letter of Credit, as extended, shall be
delivered to the Lessor no later than thirty (30) days
immediately preceding the Expiration Date of the then
existing Letter of Credit.
Section 7 . 7 Substitute Letter of Credit. In the
event Sublessee is unable to arrange for an extension of
the Letter of Credit from the Letter of Credit Provider,
no later than 60 days preceding the Expiration Date of
the then existing Letter of Credit, the Sublessee shall
provide notice of the issuance of a Substitute Letter of
Credit by a Substitute Letter of Credit Provider and
shall cause to be delivered to the Lessor no later than
thirty (30) days immediately preceding the Expiration
Date of the existing Letter of Credit, the Substitute
Letter of Credit, effective on the date of expiration of
the Letter of Credit. Unless alternative provisions are
approved in advance in writing by the Lessor, the
Substitute Letter of Credit shall bear a rating from
Moodys or Standard & Poors at a rating level no less than
BD14482 (PF) 3 09/12/90
the rating of the Letter of Credit which it will replace
and it shall provide terms substantially comparable to
the terms of the form of Letter of Credit set out in
Exhibit "A" .
Section 7 . 8 Guarantee. The timely performance of
all duties, covenants and requirements of the Sublessee
under the Sublease and Escrow Agreement shall be fully
guaranteed by the Guarantor under a Guarantee agreement
substantially similar to the form of the Guarantee
agreement set out as attached Exhibit "B" . Delivery to
the Lessor of an executed copy of the Guarantee shall be
a prerequisite to the receipt by Sublessee of draws from
the Equipment Acquisition Fund held by the Escrow Agent.
Section 2 . 3 Amendment. Article X of the Sublease is
amended by the addition of a new Section 10. 4 of the Sublease
to read as follows:
Section 10. 4 Extraordinary Mandatory Prepayment.
In the event notice of renewal of the Letter of Credit
or a Substitute Letter of Credit is not received within
thirty (30) days preceding termination of the term of the
Letter of Credit, or the termination of any term of
renewal or extension thereof, the entire balance of
principal plus interest due under the Sublease will be
subject to an extraordinary mandatory prepayment and
Lessor will requisition a draw on the Letter of Credit
in accordance with its terms for the full amount
available to be drawn thereunder. To the extent amounts
paid by the Letter of Credit Provider or Substitute
Letter of Credit Provider are inadequate to fully fund
the extraordinary mandatory prepayment, such Letter of
Credit proceeds shall be supplemented by other funds
available to the Sublessee and the Guarantor. In the
event of failure by Sublessee and Guarantor to fully
comply with the requirements of the extraordinary
mandatory prepayment, Lessor shall retain and credit
against the balance due under the Lease, all moneys paid
by the Letter of Credit Provider or Substitute Letter of
Credit Provider together with any other moneys paid to
the Lessor. Remedies provided in the Sublease for events
of default shall be available to the Sublessor and Lessor
for any deficiency between the total amount then due
under the Sublease and the amount received by the Lessor.
BD14482 (PF) 4 09/12/90
III
EFFECTIVE DATE
Section 3 . 1 Effective Date of First Supplement. Save
and except as supplemented by this First Supplement, the
Sublease shall remain in full force and effect. The effective
date of this First Supplement shall be the date of execution
as indicated above the signature line for the Sublessor. This
First Supplement may be executed in counterparts, each of
which shall be deemed an original and all of which, when so
executed and delivered, shall constitute but one and the same
instrument.
IN WITNESS WHEREOF, Sublessee and Sublessor cause this
First Supplement to be executed all as of this _ day of
, 1990.
SALT LAKE CITY, UTAH
By
Mayor
ATTEST:
City Recorder
COMPEQ INTERNATIONAL CORP.
(formerly known as Compeq
International Co. , Ltd. )
By
•
BD14482 (PF) 5 09/12/90
LEE KING SALT i r�!a�;CITYf R VA
DIRECTOR
COMMUNITY and ECONOMIC DEVELOPMENT
Capital Planning and Programming
CITY AND COUNTY BUILDING
451 SOUTH STATE STREET, ROOM 418
SALT LAKE CITY, UTAH 84111
TELEPHONE 535-7902
September 14 , 1990
TO: Mayor Palmer DePaulis cc: City Council
FROM: Lee King 6.9--
RE: Compeq International IDB
We have received a copy of the request by bond counsel
representing Compeq International for an amendment to the
equipment lease and sublease agreement supported by the
industrial revenue development bonds issued by Salt Lake City,
December 1989 . As noted by Roger Cutler, this procedure was
anticipated in the initial financing documents and has no
repercussion on City participation in issuing the bonds .
Because of the nature of the application and previous action
taken, we see no need to conduct additional review or submit the
amendment for consideration by the Incentives and Grants Review
Committee . We recommend the request be approved and the City
Council be so advised to facilitate action on this matter
September 18 .
C TTA�77�+�,,
MIKE ZUHL S JL1L !]1 "CITY' RPO IONT LEE KING
INTERIM DIRECTOR DEPUTY DIRECTOR
COMMUNITY AND ECONOMIC DEVELOPMENT
451 SOUTH STATE STREET, ROOM 418
SALT LAKE CITY, UTAH 84111
TELEPHONE 535-7777
To: Salt Lake City Council August 28, 1990
RE: Petition No. 400-833-90 submitted by the Salt Lake City Planning
Division.
Recommendation: That the City Council hold a public hearing on September
18, 1990 at 6:30 p.m. to discuss Petition No. 400-833-90 submitted by the
Salt Lake City Planning Division. The petitioners are requesting an
amendment to the Salt Lake City Zoning Ordinance for the parking
requirements for any Arena, Auditorium, Stadium or similar use designed to
draw an assembly of persons.
Availability of Funds: Not applicable
Discussion and Background: The present ordinance requires 5,125 dedicated
parking spaces for a 20,500 seat arena. The Downtown Master Plan goals and
policies as drafted encourages a more efficient use of land and supports
shared parking when applicable in the Downtown area. The proposed
amendment will give the Planning Conuuission the authority to determine the
parking requirement through a site specific analysis of parking
availability and feasibility.
The ordinance will require an application be submitted to the Department of
Community and Economic Development with a hundred dollar filing fcc. The
application should include the following:
1. A site plan drawn to scale showing the seating of the proposed
facility and the location and number, of proposed parking spaces;
2. A statement of the reasons why the petitioner believes the
facilities should have fewer than the normally required number of
spaces;
3. A professionally feasibility study regarding parking
requirements, including an analysis of the demand generated by the
facility and the parking spaces available from other surrounding
locations and mass transit;
4. If the proposed parking includes leased parking with other sites,
any executed agreements or plans for acquiring such executed
agreements;
5. A statement concerning the compatibility of the proposal with the
City's transportation plans and Master plans and with existing or
proposed mass transit or other transit alternatives.
The Planning Commission will receive a recommendation from the City
Transportation Engineer and hold an informal hearing before the parking is
approved. If the petitioner disagrees with the Planning Commission
decision, they would appeal the decision to the City Council.
The proposed ordinance outlines that actions and notices by the Planning
Commission prior to the passage of the ordinance are approved, ratified and
deemed effective to constitute sufficient notice to act pursuant to the
ordinance. This has been added to allow the actions taken by the Planning
Commission on the Jazz Arena to be accepted under the new ordinance
requirements.
Legislative Action: The City Attorney's Office has prepared the necessary
ordinance and it is ready for your action.
Submitted by:
eLjr (5?
Cf 1AFT B. ZUF-IL
Interim Director
DRAFT
SALT LAKE CITY ORDINANCE
No. of 1990
(Amending Section 21.84.030(H) Concerning
Parking for Theaters and Arenas
Pursuant to Petition No. 400-833-90 )
AN ORDINANCE AMENDING SECTION 21 . 84. 030(H) ALLOWING THE
PLANNING COMMISSION TO DETERMINE PARKING REQUIREMENTS FOR
THEATERS, ARENAS, STADIUMS AND SIMILAR USES PURSUANT TO PETITION
NO. 400-833-90.
WHEREAS, in considering the requirements for the new arena
for the Utah Jazz, it has become apparent to the City Council
that the City' s parking requirements for such large uses should
be modified to allow flexibility in determining the number of
spaces considering other land uses, mass transit, shared parking
and other similar considerations; and
WHEREAS, in response to Petition No. 400-833-90 the Salt
• Lake City Council has held public hearings before its own body
and before the Planning Commission and has considered the City' s
Master Plan and other testimony and findings. Pursuant to these
deliberations, the Council has concluded that the proposed
amendment to Section 21 . 84.030( H ) is in the best interest of the
City and is appropriate for the development of the city;
THEREFORE, the City Council of Salt Lake City, Utah, hereby
adopts the following amendment to Section 21 . 84 .030( H ) :
SECTION 1 . That Section 21. 84 . 030( H ) , Salt Lake City Code,
be amended to read as follows :
21.84.030 Number of spaces--Specific uses.
F,Jr a new building or structure, or for the enlargement or
increase in capacity, floor area or guestrooms of an existing
main building or structure, there shall be at least one
permanently maintained parking space either on the same lot with
the main building or not more than five hundred feet therefrom,
as follows :
A. through G. * * *
H. For any theater, auditorium, stadium or similar use
designed to draw an assembly of persons[ ,,-]_ [e
for every four sea-tc provided-in such-pIaec of assem-b-lam]
1 . One parking space for every four seats provided
in such place of assembly; or
2 . A number of spaces determined by the Planning
Commission as follows:
( a) Any person applying for a lesser number of
spaces shall submit an application on a form provided
by the Department of Community and Economic
Development;
(b) The applicant shall pay a filing fee of one
hundred dollars;
( c) The application shall include the following:
( i ) A site plan drawn to scale showing the
• seating of the proposed facility and the location
and number of proposed parking spaces;
( ii ) A statement of the reasons why the
petitioner believes the facilities should have
fewer than the normally required number of spaces;
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( iii ) A professional feasibility study
regarding parking requirements, including an
analysis of the demand generated by the facility
and the parking spaces available from other
surrounding locations and mass transit;
( iv) If the proposed parking includes leased
parking with other sites, any executed agreements
or plans for acquiring such executed agreements;
(v) A statement concerning the compatibility
of the proposal with the City' s transportation
plans and Master plans and with existing or
proposed mass transit or other transit
alternatives .
(d ) The Planning Commission shall receive a
recommendation from the City Transportation Engineer.
(e ) The Planning Commission shall consider the
application at an informal hearing and shall determine
the number of parking spaces for the facility in the
best interest of the City to meet the needs for parking
and other land use goals, including the City' s adopted
Master Plans.
( f) , If the Planning Commission determination
relies on leased spaces the use or occupancy of the
facility shall be conditioned upon the continued
existence of those leased facilities. Any substantial
change in the location of the shared or leased
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facilities which, for the purposes of this ordinance,
shall mean a cumulative change in the location of more
than ten percent of the spaces, shall not be made
without the consent of the Planning Commission
obtained pursuant to this section.
G Any person aggrieved by the decision of the
Planning Commission may appeal the decision to the
City Council.
SECTION 2. This ordinance shall take effect immediately
upon being posted in the Office of the City Recorder, who is
instructed to post the ordinance immediately upon passage. The
City Recorder shall also publish the ordinance as soon as
possible after passage. Actions and notices by the Planning
Commission prior to passage of this ordinance are hereby
approved, ratified and deemed effective to constitute sufficient
notice to act pursuant to this ordinance.
Passed by the City Council of Salt Lake City, Utah, this
day of , 1990.
CHAIRPERSON
ATTEST:
CITY RECORDER
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Transmitted to the Mayor on
Mayor's action: Approved Vetoed.
MAYOR
ATTEST:
CITY RECORDER
(SEAL)
Bill No. of 1990 .
Published:
BRB:rc
-5-
•
ALLEN C. JOHNSON, AICP 'ALT' M 1 , "I TY( G RP 3 'RATION=
N� .v�� A.»� •.. d.6niau �nua .awn?,1 PALMER DEPAULIS
PLANNING DIRECTOR MAYOR
COMMUNITY AND ECONOMIC DEVELOPMENT
PLANNING DIVISION
451 SOUTH STATE STREET
ROOM 406, CITY AND COUNTY BUILDING
SALT LAKE CITY, UTAH 84111
August 7, 1990 TELEPHONE 535-7757
Mike Zuhl, Interim Director
Corrununity & Economic Development
Salt Lake City
BUILDING
Dear Mike:
Attached please find Petition 400-833 by the Salt Lake City Planning Division
requesting an amendment to the Salt Lake City Zoning Ordinance Eor the
parking requirements for any Arena, Auditorium, Stadium or similar use
designed to draw an assembly of persons. On August 2, 1990 the Planning
Commission considered the request and recommends to the City Council the
amendment as presented in the staff report. The importance of the request at
this time is to determine the parking requirement for the new Jazz Arena now
under construction.
The present ordinance requires 5,125 dedicated parking spaces for a 20,500
seat L.Lena. The Downtown Master Plan goals and policies as drafted encourages
a more efficient use of land and supports shared parking when applicable in
the Downtown specifically. The proposed amendment will give the Planning
Cononission the authority to determine the parking requirement through a site
specific analysis of parking availability and feasibility.
In order to accomplish this method of development review, the Planning
Commission recommends the following text change in the Zoning Ordinance,
Section 21.84.030 (II) .
"For any theater, auditorium, stadium or similar use designed to draw an
assembly of persons; one ( I ) parking space for every four (4) seats provided
in such place of assemby, or the Planning Commission may determine the
parking requirement for such uses and support facilities contained within the
structure after analyzing a professionally prepared parking analysis and
feasibility study, receiving a recc nncnda t i on from the Salt lake City
Transportation Engineer and making a finding based upon the evidence
submitted. Determination or the parking requirement may consider shared
parking or leased parking with nearby facilities, transit .facilities, or other
transportation alternatives. The Planning Commission findings can increase or
decrease the required off street parking for such facilities."
Mike Zuhl
August 7, 1990
Page 2
The Planning Staff and Planning Commission recommend that the City Council
schedule a public hearing at the earliest convenience and adopt the ordinance
amendment as proposed.
Please contact me or Bill Wright with any questions concerning this
recommendation.
Respectfully Submitted,
Allen/C. John on AICP
Pla ng Dir ctor
attachments
ACJ:WIW
AMENDED
Salt Lake City Planning Commission Staff Report
Petition 400-833
Amendment of the Zoning Ordinance for parking requirements for any Arena,
Auditorium, Stadium, or similar use designed to draw an assembly of persons
OVFR 1 W
The Salt Lake City Planning Division proposes an amendment to the Zoning
Ordinance parking requirements for any arena, auditorium, stadium, or similar
use designed to draw an assembly of persons. The purpose of amending the
ordinance requirement is to allow flexibility for "shared" parking or reduced
parking requirements where evidence determines it is warranted. The staff
recommends a simple addition to the existing requirements to allow the
Planning Conuiiission to analyze and approve the parking requirement for these
uses.
BACKGROUND
Section 21.84.030 (H) of the zoning ordinance requires "one parking space for
every four seats" for any theater, auditorium, stadium or similar use designed
to draw an assembly of persons. For a 20,500 seat arena, that requires 5,125
parking spaces! r1'he concept of shared parking was thoroughly discussed as a
criteria for the site selection of the new Jazz Arena last year.
The building permit for the new Jazz Arena was issued last month with an
attached agreement between Larry Miller and the City to solve the issue of
required parking for the Arena prior to the occupancy permit being issued.
The arrangement with the Redevelopment Agency requires the Agency to purchase
the land on Block 79, design and construct the public plaza on the Arena
block, and purchase and construct parking as required by the City.
The Planning Coiinission is presently analyzing parking demand and supply in
the Downtown with a consultant to develop planning policy for parking. The
City must balance its requirement for parking for new development with the
long range planning policy of encouraging higher mass transit use in the
Downtown. Building 5,125 parking stalls for the single purpose of the Arena
will result in an inefficient use of land at a very high capital cost.
In order to resolve the immediate parking issue for the new Jazz Arena, the
Planning Staff proposes an amendment to the existing ordinance requirement.
ANALYSIS
Shared use of parking facilities for arenas, auditoriums, stadiums, and
theaters may be an appropriate alternative to providing the Eull amount of
single purpose parking. The solution depends on the location of the use, the
types of adjoining uses sharing the parking facilities, the ability of the
street infrastructure to provide parking, and the surrounding development
pattern.
_A parking analysis study can provide the information necessary to determine
the appropriate mix of shared and encumbered parking for these uses.
•
'DOS 4 14 ICN
The Planning Staff finds that the best method of determining the required
parking for arenas, auditoriums, stadiums or similar uses is to allow the
Planning Commission to review and approve the parking requirement after
receiving a professionally prepared parking analysis and feasibility study
which recommends a parking requirement.
In order to accomplish this method of development review, the Planning Staff
recommends the following text change in the Zoning Ordinance, Section
21.84.030 (H) .
"For any theater, auditorium, stadium or similar use designed to draw an
assembly of persons, one (1) parking space for every four (41) seats provided
in such place of assembly, or the Planning Commission may determine the
parking requirement for such uscl., and support facilities contained within the
structure after analyzing a professionally prepared parking analysis and
feasibility study, receiving a recommenda L ion from Lhe Salt Lake City
Transportation Engineer and making a finding based upon the evidence
submitted. Determination of the parking requirement may consider shared
parking or leased parking with nearby facilities, transit facilities, or other
transportation alternatives. lbe Planning Commission findings can increase or
decrease the required off street parking for such facilities."
William T. Wight
Deputy Planning Director
July L6, 1990
•
RLL J JUL 2 1990
SALT'LAKE' IF1W ORPO:° A IIONI
ALLEN C. JOHNSON, AICP -• '- a. _� ,a-� -- �� �,i..s��.��� PALMER DEPAULIS
PLANNING DIRECTOR - MAYOR
COMMUNITY AND ECONOMIC DEVELOPMENT
PLANNING DIVISION
451 SOUTH STATE STREET
ROOM 406, CITY AND COUNTY BUILDING
SALT LAKE CITY, UTAH 84111
July 26, 1990 TELEPHONE 535-7757
Palmer DePaulis
Salt Lake City Mayor
Salt Lake City, Utah
BUILDING
Dear Mayor:
The City Planning Division respectfully submits a request to amend the City
Zoning Ordinance for the parking requirements for any Arena, Auditorium,
Stadium, or similar use designed to draw an assembly of persons. The staff
presents this request now to determine the parking requirement for the new
Jazz Arena under construction.
Under the present ordinance requirements, 5, 125 parking spaces are required
for the Arena. The Downtown Master Plan policy and Urban Design policy
encourages a more efficient use of land and supports shared parking when
applicable in the Downtown.
The proposed amendment will give the Planning Conullission the authority to
determine the parking requirement through a site specific analysis of parking
availability and feasibility. The staff proposes the following change:
"For any theater, auditorium, stadium or similar use designed to draw an
assembly of persons, one (1) parking space for every four (4) seats provided
in such place of assembly, or the Planning Commission may determine the
parking requirement for such uses after analyzing a professionally prepared
parking analysis and feasibility study, receiving a recommendation from the
Salt lake City 'I'ran-por La L i on I;g i nc er and making a finding based upon Lhe
evidence submitted. The Planning Commission findings can increase or decrease
the required off street parking for such facilities."
Please prepare this request as a petition.
Respectfully submitted,
Goo , 7 kytt)(1-' )
William T. Wright AICP
Deputy Planning Director