The URL can be used to link to this page

04/11/1989 - Minutes (2) PROCEEINGS OF THE CITY COUNCIL OF SALT LAKE CI, UTAH TUESDAY, APRIL 11, 1989 The City Council of Salt Lake City, Utah, met as the Committee of the Whole on Tuesday, April 11, 1989, at 5:00 p.m. in Suite 300, City Hall, 324 South State Street. The following Council Members were present: Florence Bittner Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Willie Stoler Sydney Fonnesbeck Council Chairperson Stoler presided at the meeting. The Council interviewed Ms. asked that the Council RSVP as Bonnie Sucec prior to consider- soon as possible if they would be ation of her proposed appointment interested in attending. to the Art Design Board. Coun- cilmember Stoler asked Ms. Sucec Mr. Lee King, Council Staff to tell the Council why she was Auditor, reviewed the upcoming interested in the Art Design schedule of Olympic Bid Committee Board. Ms. Sucec said she was a meetings. He said there was a full time working artist with a meeting with the Olympic Athletes Master' s Degree in Art from the Advisory Council at Snowbird Ski University of Utah and she said Resort. Councilmember Kirk asked she felt strongly about getting if the Council needed to have quality art for Salt Lake City. someone there. Mr. King said that Nancy Boskoff, Chair of the Salt because some of the athletes were Lake Arts Council, said Ms. Sucec voting members of the United had worked with the Children' s Art States Olympic Executive Committee Yard at the Salt Lake Arts Festi- it would be a good political move val and she was up for a position to have a representative there. on the Design Council reserved for full-time artists. Councilmember Ms. Gust-Jenson then reviewed Stoler thanked her for taking the the agenda. She said Item D-4 time to serve on the board. ( Petition 400-708 ) was to allow a private company to build a golf Ms. Cindy Gust-Jenson, driving range on property next to Council Executive Director, asked the Mount Olivett cemetery. She the Council if they would be said the ordinance change would interested in meeting with the allow companies to establish traffic impact fee consultant. private recreation facilities in The Council requested that the residential areas. briefing be set for May 11, 1989 . Ms. Bittner said she was Mr. James Hall, Council Staff concerned because a skateboard Assistant, said the Council had park was approved for a residen- been invited to help kickoff a new tial area by the Planning Commis- program for providing food for the sion without the neighborhood homeless shelter. He said Little knowing. Christine Richman, Caesars Pizza was providing the Administrative Assistant, said the first dinner on June 19th, and ordinance specifically excluded the Council was invited in hopes skateboard parks. Councilmember of raising the city' s awareness of Godfrey said he agreed with Ms. the homeless problem. Mr. Hall Bittner because if the Council 89-86 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 11, 1989 approved the change to allow the expected them to be admitted project by Mount 0livett, all the although there were other factors other similar projects would have that could influence the Sandy to be approved. Ms. Bittner asked situation. He said Sandy had that it be scheduled for a Commit- agreed to pay for the expansion of tee of the Whole discussion. the Parley' s plant but Salt Lake would still have to pay for the Ms. Gust-Jenson asked Mr. seismic upgrade and the filter bed LeRoy Hooton, Director of Public changes. Utilities, to give the background on item D-5, Metropolitan Water Ms. Gust-Jenson asked Louis District interlocal agreement. Miller, Director of Airports, to Mr. Hooton said the Parley' s explain the two airport bond Canyon Water Treatment Facility items. Mr. Miller said the items needed improvements to its seismic were on the agenda again because stability, replacement of its of some technical changes but this filtering medium and needed to be would be the last time. He asked expanded to handle the water from if the Council had any further Mountain Dell Dam. Mr. Hooton questions about the bonds. The introduced Mr. Wendall Evensen, Council asked no additional ques- Water Supply Superintendent, and tions. turned the time over to him for further explanation. Mr. Evensen said the Parley' s Treatment Plant building was strong enough to handle the gravi- ty loads, but that due to is construction, strong lateral movement could cause the building to collapse. He said the cost to strengthen the building would be approximately $2.3 million. He said that $194, 000 of that would be for engineering costs. Mr. Evensen also said when problems with the filtering medium were found in the City Creek Canyon plant they inspected the Parley' s plant and found the same problem. He said the filter beds needed to be changed. Mr. Evensen said all three projects (expan- sion, seismic improvements, and filter changes) would be scheduled to be finished in time for the completion of the Mountain Dell Dam. He said that Sandy City had applied to join the Metropolitan Water District and that they 89-87 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CI I UTAH TUESDAY, APRIL 11, 1989 The City Council of Salt Lake City, Utah, met in regular session on Tuesday, April 11, 1989, at 6:00 p.m. in Suite 300, City Hall, 324 South State Street. The following Council Members were present: Florence Bittner Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Willie Stoler Sydney Fonnesbeck Mayor Palmer DePaulis, Roger Cutler, city attorney, Lynda Domino, chief deputy city recorder, and S. R. Kivett, deputy recorder, were present. Council Chairperson Stoler presided at the meeting and Councilmember Fonnesbeck conducted the meeting. OPENING CEREMONIES ciated the work and effort from all of the neighborhood people and #1. There was no invocation, volunteers and said this was a good experience for everyone. He #2. The Council led the said Mr. Schwab was very pleased. Pledge of Allegiance. Councilmember Horrocks said #3. Councilmember Godfrey they had such a good response that moved and Councilmember Kirk it only took about three hours to seconded to approve the minutes of plant all the trees. the Salt Lake City Council for the regular meeting held Tuesday, April 4, 1989, which motion car- CONSENT AGENDA ried, all members voted aye. (M 89-1) Councilmember Godfrey moved and Councilmember Hardman sec- onded to approve the consent COMMENTS agenda, which motion carried, all members voted aye. Faye Nichols, 120 McArthur Avenue, chair for the People' s #1. RE: Approving the ap- Freeway Community Council, ex- pointment of Bonnie Sucec to the pressed appreciation from the Salt Lake Art Design Board. neighbors of Coatsville Avenue for (I 89-9 ) a "tree-planting" project which was completed last Saturday. She #2. RE: Approving the re- said the neighbors along with the appointment of Jan Graham to the help of Councilmember Horrocks, Central Business Improvement Stan Penfold, and Steve Schwab, District Board. urban forester, helped the neigh- (I 89-11 ) bors get trees on their street. She said they appreciated the #3. RE: Adopting Resolution self-help mini grant program. 50 of 1989 authorizing the exe- cution of an Interlocal Coopera- Mayor DePaulis said he appre- tion Agreement between Salt Lake 89-88 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CI, UTAH TUESDAY, APRIL 11, 1989 City Corporation and Murray City ACTION: Councilmember Hard- Corporation allowing Murray City man moved and Councilmember Kirk Corporation to use the airport seconded to suspend the rules and firing range for its police and on first reading adopt Resolution other certified officers. 52 of 1989, which motion carried, (C 89-152) all members voted aye. #4. RE: Setting a date for a DISCUSSION: Councilmember public hearing to be held Tuesday, Bittner said that approval of the May 2, 1989, at 6:20 p.m. to resolution did not in any way obtain public comment concerning indicate an intent on the Coun- Petition No. 400-708 submitted by cil ' s part to circumvent the re- David DeSantis requesting that the quirement of a referendum vote. City amend Section 21.78. 130 to (R 89-1) allow for-profit organizations to operate private recreation facili- #3. RE: An ordinance making ties in residential districts. certain technical changes to the (P 89-93) sexually oriented business ordi- nance of Chapter 61 of Title 5 of #5. RE: Adopting Resolution the Salt Lake City Code. 51 of 1989 authorizing the exe- cution of an Interlocal Coopera- ACTION: Councilmember Fonnes- tion Agreement between Salt Lake beck referred this to the consent City Corporation and the Metro- agenda without objection. politan Water District of Salt (0 89-9) Lake City whereby Metropolitan Water District will advance money required for engineering to up- UNFINISHED BUSINESS grade Parleys Water Treatment Plant to conform to seismic re- #1. RE: Adopting Resolution quirements and enable it to handle No. 45 of 1989 providing for the the water from Little Dell Dam. issuance of Airport revenue bonds. (C 89-153) ACTION: Councilmember God- frey moved and Councilmember NEW COUNCIL BUSINESS Hardman seconded to adopt Resolu- tion 45 of 1989, which motion #1. RE: The appointment of carried, all members voted aye. Janet I. Embry, Bruce Wycoff, (Q 88-4) Michael W. Crippen, Ariel L. Jepson, and Richard F. Bojanowski #2. RE: Adopting supplemental as volunteer Hearing Examiners. Resolution No. 46 of 1989 auth- orizing the issuance and sale of ACTION: Councilmember $30, 520, 000 Airport Revenue Bonds, Fonnesbeck referred this to the Series 1989, of Salt Lake City, consent agenda without objection. Salt Lake County, Utah; and relat- ( I 89-12) ed matters. #2. RE: A resolution of ACTION: Councilmember support for submission of Salt Godfrey moved and Councilmember Lake City' s bid to the United Kirk seconded to adopt Resolu- States Olympic Committee for the tion 46 of 1989, which motion 1994 Winter Olympic Games. carried, all members voted aye. (Q 88-4) 89-89 PROCEINGS OF THE CITY COUNCIL OF SALT LAKE CI UTAH TUESDAY, APRIL 11, 1989 The meeting adjourned at 6:10 p.m. COU CHAIR CI RE DER 89-90 SALT LAKE CITY COUNCIL AGENDA CITY COUNCIL CHAMBER SUITE 300, CITY HALL 324 SOUTH STATE STREET Tuesday, April 11 , 1989 6:00 p.m. A. BRIEFING SESSION: 5:00 - 5:55 p.m. , Suite 300 City Hall, 324 South State. 1 . Report of the Executive Director. 2. The City Council will interview Bonnie Sucec prior to consideration of her proposed appointment to the Salt Lake Art Design Council. B. OPENING CEREMONIES: 1 . Invocation. 2. Pledge of Allegiance. 3. Approval of the Minutes. C. COMMENTS: 1 . Questions to the Mayor from the City Council. 2. Citizen Comments to the Council. D. CONSENT: 1 . Art Design Council - Appointment. Consider approving the appointment of Bonnie Sucec to the Salt Lake Art Design Council. 1(111Ue (I 89-9) 1) nt.-i- 3_ I6Cee G( dh5 d STAFF RECOMMENDATION: Approve. Lystclor. 3 'f i clues 'tie I rd c 2. Central Business Improvement District Board - Reappointment . O(V 0(1(1 f rail 2.0 Consider approving the reappointment of Jan Graham to the Central Business Improvement District Board. q(s I ) �j1U1�ewed 6/11 .- (I 89-11) VI (,t5 t ` ��11 an unesoireJ term. STAFF RECOMMENDATION: Approve. hues to Long 3. Interlocal Cooperation Agreement - Murray City. Consider adopting a resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City Corporation and Murray City Corporation allowing Murray City Corporation to use the airport firing range for its police and other certified officers. (C 89-152) ' HPurno �^�p Qa h I Q� or�t j Can k&nu STAFF RECOMMENDATION: Adopt. D. CONSENT Cont '' . At kt l ('U' PeOtect70 4. Petition No. 400-708 - David DeSantis. C(,lr✓t (t a� Q5(deril-1" Districh Set a date for a public hearing to be held Tuesday, May 2, 1989, at 6:20 p.m. to obtain public comment concerning Petition No. 400-708 submitted by David DeSantis requesting that the City amend Section 21 .78. 130 to allow for-profit organizations to operate private recreation facilities in NO) \ esidential districts. P1 (P 89-9 3) — i�2��c.� �!U 1 ,' 0t 1v�`�— STAFF RECOMMENDATION: Set date: 11 -1 -frAngaL J /U� C t 1 4 6��+'�"" Interlocal Cooperation Agreement - Metropolitan ter District . Consider adopting a resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City Corporation and the Metropolitan Water District of Salt Lake City whereby Metropolitan Water District will advance money required for Engineering to upgrade Parleys Water Treatment Plant to conform to seismic requirements and enable it to handle the water from Little Dell Dam. lat2 1 J.�w�.I -, 'C� /ram^ • (C 89-153) — STAFF RECOMMENDATION: Adopt . E. NEW COUNCIL BUSINESS: 6bL > (� 1 . Hearing Examiners - Appointments. , 0 b�(,,2-?t' Consider approving the appointment of Janetn I. Embry, Bruce Wycoff, Michael W. Crippen, Ariel L. Jepson, and Richard F. Bojanowskiasrvolunteer Hearing Examiners. ` -IY0 /0 '�7� (I 89-12) ¢ Olt 1 �(In� 5 6 STAFF RECOMMENDATION: Refer to Consent ..�y�� ,. 0 n � Ice irni0k- 2. Winter Olympics. 4��N "`6 V U• UolOn :�,a. Consider adopting a resolution of support for submission of Salt Lake City's bid to the United States Olympic Committee for the 1994 Winter Olympic Games. IWO Uei316n5 . (R 89-1) STAFF RECOMMENDATION: Suspend Rules; Adopt on First Reading. 3. Sexually Oriented Businesses. Consider adopting an ordinance making certain technical changes to the Sexually Oriented Business Ordinance of Chapter 61 of Title 5 of the Salt Lake City Code. —'(t(,l/11m J Glitanie5 (0 89-9) STAFF RECOMMENDATION: Refer to Consent. F. UNFINISHED COUNCIL BUSINESS: 1 . Airport Revenue Bonds - Issuance. Consider adopting Resolution No. 45 of 1989 providing for the issuance of Airport revenue bonds. (Q 88-4) STAFF RECOMMENDATION: Adopt . F. UNFINISHED COTINCIL BUSINESS Cont'd. 2. Airport Revenue Bonds - Issuance and Sale. Consider adopting supplemental Resolution No. 46 of 1989 authorizing the issuance and sale of $30,520,000 Airport Revenue Bonds, Series 1989, of Salt Lake City, Salt Lake County, Utah; and related matters. (Q 88-4) STAFF RECOMMENDATION: Adopt. H. ADJOURNMENT. ** FINAL ACTION MAY BE TAKEN AND/OR ORDINANCES ADOPTED CONCERNING ANY ITEM ON THIS AGENDA DATED: April 7, 1989 BY: ITY REC R STATE OF UTAH ) COUNTY OF SALT LAKE ) ss. On the 7th day of April, 1989, I personally delivered a copy of the foregoing notice to the Mayor and City Council and posted copies of the same in conspicuous view, at the following times and locations within City Hall, 324 South State Street , Salt Lake City, Utah: 1 . At 5:00 p.m. in the City Recorder's Office, 5th Floor; and 2. At 5:00 p.m. in the Newsroom, Room 336. CI Y ECO ER Subscribed and sworn to before me this 7th day of Apri , 1989. Notary ublic resi in he State of Utah My Commission Expires: Ck(r7 APPROVAL: EXECUTIV wren -..,, t • a SAI2 t ;GITer G, RPOg I,ON[ OFFICE ,OF, THE CITY,COUNCIL i SUITE 300. CITY HALL 324 SOUTH STATE STREET' SAL_T_LAKE.CITY,.UTAH 8411-1 535-76OO TENTATIVE AGENDA SALT LAKE CITY COUNCIL COr11ITTEE OF THE WHOLE. DATE: MONDAY, APRIL 17, 1989 TIME: 5:00 p.m. PLACE: City Council Conference Room Suite 300, City Hall 324 South State Street The City Council will discuss the proposed Fiscal Year 1989/90 Public Utilities Department budgets. The City Council will discuss the proposed Fiscal Year 1989/90 Garbage Fund budget. The City Council will discuss the proposed Fiscal Year 1989/90 Governmental Immunity fund budget. EXECUTIVE SUMMARY GOLF ENTERPRISE FUND Prepared by Lee King _ * The Parks & Recreation Department is requesting a 95% increase in the Golf Enterprise budget for FY 1989/90. The projected budget increases from $2,853,640 to $5,577, 426. The changes are in capital outlay, bond payment, personnel, and operating & maintenance costs associated with construction of the Ariport and Mountain Dell Golf Courses. Also included as part of the total is a request for a 4% merit raise. * The department is requesting 26 new full and part time positions ( 16. 73 ETE). Fifteen of the positions are for the new courses and will be hired upon completion of construction which is scheduled for the Fall of 1989, with play beginning in July 1990. Eleven of the new position: are requested for service level increases at existing courses. * Revenues estimations are slightly higher than those projected during the January 1989 public hearing on Golf Fees. They are based on refinements in play projections that I find to be extremely optimistic. * I am recommending that new positions and service level increases at existing courses not be implemented until such time that revenue projections are more certain. GOLF ENTERPRISE FUND MATERIAL CHANGES IN BUDGET TOTALS The Parks and Recreation Department is requesting substantial increases : in the Golf Enterprise fund budget this year. They propose to increase the budget by $2,853, 640 to a total of $5, 577,426. The greatest change in the budget comes in the area of personnel increases. The most urgent need centers on the development of the new Airport golf course and the expansion of the Mountain Dell golf course. Construction will be completed in the Fall of 1989 with play beginning in July 1990. Once construction is complete the golf courses will require immediate maintenance support. Reflected in the Parks Department request are the employee and material costs required to perform that maintenance. The Airport golf course includes $89, 370 in personnel costs and $104,747 in operating and maintenance costs. Personnel increases include 3 full time and 5 part time employees. -Requested positions are: POSITION • TYPE START DATE • Asst Course Superintendent Full Time 1 July 89 Irrigation Foreman Full Time 1 July 89 Course Groundskeeper Full Time 1 Mar 90 Course Groundskeeper (5) Part Time 1 liar 90 Mountain Dell golf course includes $73, 997 in personnel costs and $102,003 in operating and maintenance costs. Personnel increases include 3 full time and 4 part time employees. Requested positions are: POSITION TYPE START DATE Asst Course Superintendent Full Time 1 July 89 Irrigation Foreman Full Time 1 July 89 Course Groundskeeper Full Time 1 Mar 90 Course Groundskeeper (4) Part Time 1 Mar 90 Although scheduled to begin on July 1, 1989, the Assistant Course Superintendents and Irrigation Foremen will not be hired until the construction phase reaches a point where maintenance requirements actually begin. The personnel costs associated with these positions were computed at the July 1, 1989, start date. Delays in construction will push back their start date with a resulting reduction in overall personnel costs. The Parks & Recreation Department factored a 4% merit increase in their personnel costs. If merits are not funded or funded at a different level, these costs will change appropriately. Additionally, $97, 152 is projected for new positions within the existing operational structure. These increases come from adding two part time course marshal positions at Bonneville and Mountain De].l courses, one full time and two part time maintenance personnel to handle the increase in golf cart maintenance and clubhouse maintenance at existing courses, and six part time hourly maintenance personnel to upgrade maintenance at existing courses. • Total capital expenditures are $2, 311, 150 with capital outlay accounting •for the majority of the budget increase this year. $1,850,000 from the Golf Enterprise Fund Budget is scheduled for construction costs for the two new courses. The .remainder of the construction costs and equipment purchases are charged to the Municipal Building Authority and will be reflected in that budget. Other capital improvements include $30,000 for the design and specifications for the Forest Dale clubhouse, $5,000 for a fence behind green #7 at Forest Dale, $15,000 for a feasibility study to convert the six existing golf courses to secondary water sources, and $40, 000 for landscaping around the clubhouse and parking lot adjacent. to Nibley Park golf course. Replacement of field maintenance equipment for the six existing courses and purchase of new equipment for the Airport and Mountain Dell courses will cost $220,650. Replacement of 20 golf carts at Bonneville and Mountain Dell courses will cost $53,000. Fleet replacement will cost $12,000 and new fleet acquisitions will cost $85, 500. - Fleet maintenance costs are projected to increase by 27%. This increase is due mainly to accounting changes. In the past, the Parks Department General Fund budget was charged for gasoline used by golf course vehicles. This increase merely reflects a more appropriate method of charging enterprise funds for goods and services. Debt Service on the construction bond is $321, 298. Proposed Changes in Service Levels The department is proposing an increase in services provided to the public through the use of golf course marshals. Course marshals will be used at Mountain Dell and Bonneville on a trial basis to reduce slow play, reduce golf course and cart abuses, decrease friction among golfers, and generally offer help when needed. The advantage of this is to increase the speed of play at the two most crowded courses in the City system. Additional play should increase revenues in the long term. If course abuses and damages to carts could be minimized by the marshals, then maintenance cost should go down in the long term. The disadvantage is to increase personnel cost without any guarantee that additional play would actually be generated or abuses reduced. NEW REVENUES The fee structure was changed in January 1989 to enable the fund to cover operating costs and bond payments through fee generated revenues. The revenue projections in this budget reflect the increased fees. CHANGES IN STAFFING This budget reflects a total of 26 new positions ( 16.73 FTE). As stated earlier, the majority of the changes in staffing are attributed to the two new courses. However, the 2 Course Marshals, 3 Groundsmen, and 6 Groundskeepers are new positions for existing courses and are service level increases that should be critically reviewed to determine if they are absolutely necessary in view of recent fee increases and the need to keep operating and maintenance costs as low as possible. POLICY ISSUES • The Parks & Recreation Department is projecting revenues significantly higher than those estimated during the discussions on golf fees last January. Their new estimations are based on refinements in play projections and reflect changes between pass play and green fees. They expect these revenues to cover the operating and maintenance costs which includes the increased staffing levels and merit pay. If actual play falls short of projected levels, fund balance, which is already low, would have to be appropriated to cover the deficit. The department is requesting a service level increase over and above what it currently provides_ at the existing courses. The projected costs for the service level increase is $97, 152. There is no indication that these increases are so critical that they must be funded this year. With an extremely thin margin for error, service level increases may not be appropriate. The 15 positions requested for the new courses will be required at some point in time during the year and should be funded. However, the 11 positions for the existing courses should be reevaluated in light of the need to keep operating and maintenance cost to a minimum. The department is using the Hughes, Heiss & Associates audit report as partial justification for the increase in part time groundskeeper positions. Although the Heiss report stated that maintenance staffing is Salt Lake City is substantially below private and public courses, there was no indication that the level of maintenance performed by the staff was anything but satisfactory and it made no recommendation on increasing staffing. In our opinion the impact on current operations would not be adversely affected if the new positions were not hired. It is anticipated that staffing levels for current operations, which are generally adequate, would be sufficient to maintain the high standards in course maintenance that the City currently enjoys. Council staff's intent is to delay future fee increases as long as possible. A citizens golf committee recently presented you with a request to consider subsidizing the Golf Enterprise Fund from General Fund tax dollars. Their reasoning was that golf is a form of recreation and that tax dollars currently subsidizes other worthwhile recreational programs, the arts, and the library system. In their opinion the policy requiring golf courses to be self-sufficient is unfair and discriminatory. The Golf Enterprise fund was originally established so that the costs of providing goods and services to the public were to be recovered through user charges. This is consistent with Utah Uniform Accounting Manual and the Governmental Accounting and Financial Reporting Standards. Enterprise funds should be used to account for operations that are financed and operated in a manner similar to private business enterprises where the intent of the • governing body is that costs of providing goods and services to the general public on a continuing basis be financed or recovered primarily through user charges. Recreation programs, arts programs, and the library system by their very nature, are not self supporting entities and for the most part are not capable of generating sufficient revenues to cover operating expenses. General tax dollars are appropriately used to cover these costs. Golf courses, if managed effectively, are capable of covering operating expenses with user fees. It would be inappropriate to use general tax dollars to subsidize this type of activity. The Council may wish to inform the Citizens Golf Committee that it is not considering using general tax dollars to subsidize golf operations at this time. In their study to determine if City agencies and departments equitably allocate the cost of providing goods and services to the benefiting - department, Peat Marwick Main & Co. has tentatively concluded that current cost allocation plans do not always reflect the total of goods and services provided between departments. For instance, cost of rounds played with lifetime passes issued at the time of retirement are not recovered. The general golfing public picks up this costs in their green fees. Other retiree gifts are paid forout of the General Fund, ie. clocks, belt buckles, etc. Only lifetime passes were charged to an Enterprise fund. Last year there were 4000 rounds played at various city courses. If charged to the General Fund, _ the Golf Enterprise Fund could. recover an additional $14,000 in operating costs. This would however, reduce General Funds by a like amount. If implemented, it would eliminate one of the complaints from the golfing public. • With the current revenue projections in the General Fund, Council may not wish to pursue this option. STAFF RECOMMENDATIONS That Council approve the 1989/90 budget request for the Golf Enterprise Fund to include capital outlay, fleet, and personnel increases for the Airport and Mountain Dell courses. These 15 positions would be contingent upon completion of construction. It is further recommended that the 11 positions (7. 83 FTE) requested for existing courses be delayed until revenue projections are more certain and a demonstrated need is established. These positions include the 2 part time course marshals, 1 full time and 2 part time building and equipment maintenance positions, and the 6 part time course maintenance groundskeepers. That General Fund tax dollars not be used to subsidize golf course operations. That the cost of rounds played with lifetime passes to charged to the general fund based on previous years play at a cost of the current senior citizen green fee. The approved budget should reflect a decrease of $97, 152 in personnel costs. This amount should be moved from Object Code 2199 Salary Contingency to Object Code 2559 Contingencies. PROCEEDINGS __ THE CITY COUNCIL OF SALT .EKE CITY, UTAH TUESDAY, APRIL 4, 1989 The City Council of Salt Lake City, Utah, met as the Committee of the Whole on Tuesday, April 4, 1989, at 5:00 p.m. in Suite 300, City Hall, 324 South State Street. The following Councilmembers were present: Florence Bittner Alan Hardman Sydney Fonnesbeck Wayne Horrocks Tom Godfrey Willie Stoler Councilmember Kirk was absent. Council Chairperson Stoler presided at the meeting. Bill Wright, Planning and narrowed down, but that no other Zoning, discussed the proposed changes were anticipated. change to the conditional uses in a "C3-A" zone. He said the Rede- Ms. Gust-Jenson said the city velopment Agency established the and the cable companyhad reached West Temple Gateway Master Plan an agreement on the Cable TV some years ago, and the proposed Franchise and the proposed changes changes fit into that plan. He in the ordinance would have the said when the changes were pro- support of both. posed, the Council asked that conditions be stipulated concern- Elaine Weiss, Airport Authority ing the establishment of car Board, said the Airport bond issue dealerships as a conditional use was almost ready and the total and the new ordinance included the issue would be $30, 520, 000. She criteria for such a use. ( attach- said that negotiations concerning ment #1 ) the documentation of the bond were not yet finalized and would re- Councilmember Stoler asked if quire a change in the agenda. She the car dealership would accept introduced David Bransky of the change, and Mr. Wright said Ehrlich Bober, who said that the the dealership had indicated they net interest on the bond would be could live with the change. Mr. 7. 95% which was comparable or Wright said the dealerships would better than similar bonds in the be approved on a case-by-case market now. He said that two basis and that he did not expect thirds of the bond had been sold to have a dealership in each "C3- retail and one third had been sold A" zone. institutionally. He said that 15% of the bonds had been sold in Utah Cindy Gust-Jenson, Executive which was a very good rate. Director, reviewed the Council agenda and calendar. Richard Scott, Bond Counsel from Chapman & Cutler, said the Lee King reviewed the upcoming Council would need to pull Item Olympic Bid committee meetings and Fl, the Bond Issuance Resolution, Councilmember Fonnesbeck ques- from the agenda. He introduced a tioned whether the Technical resolution to use in place of Item Committee was considering any F2. (attachment #2 ) venue changes. Mr. King said that the list of possible ice hockey and speed skating venues would be 89-82 . 1 APR 4 1989 STAFF RECOMMENDATION "• :.::'- - Conditional Uses in a C-3A Zone . . .='+1 STAFF RECOMMENDATION BY: Christine Richman ACTION REQUESTED OF COUNCIL: This ordinance is proposed to allow automobile dealerships as a conditional use in a ".C-3A" District. The purpose of asking for this change is the proposed development of an automobile dealership in the Gateway Redevelopment area. BACKGROUND INFORMATION: You held a public hearing on this proposed change in August of 1988. During the hearing you expressed concern that the conditions for granting an automobile dealership a conditional use permit were not included in the ordinance. In accordance with your direction, the Planning staff has drafted, and the Planning Commission approved proposed criteria for granting automobile dealerships a conditional use permit in a Commercial "C-3A" zone. Those conditions are: a. That the conditional use is identified as an element of a neighborhood or block master plan. That the conditional use development complies with any design guidelines established in the master plan. The project should be contiguous to and functionally • a part of a neighborhood or community auto retail center. _ (l _ b. That the use be located on a street with a functional classification of either minor or major arterial. c. That primary vehicular access be restricted to the minor or major arterial street. d. That all repair activities and parts storage are within an - - enclosed structure. e. That landscaped buffer yards and sight proof screening fences will be provided, if deemed necessary by the Planning Commission, particularly when the abutting use is residential. f. That street trees be provided and that required yard areas be completely landscaped including a sprinkling system. g. That public parking areas be identified and maintained open to °` the public during hours of operation. h. That there will be no encroachment into yard areas or public ;'cf�y _'. property for vehicle displays. i. That public address systems are limited to a noise level, at property line, of 55 dBA if adjacent to residential uses and 66 dBA when adjacent to commercial uses. .,. These conditions have been included in the ordinance you now have before you. 89-82A1 APR 4 1989 STAFF ANALYSIS AND RECOMMENDATION: The conditions above address a number of the concerns you expressed during earlier discussions of the proposal. The - architect for Rick• Warner is currently working with the Department of Planning and Zoning to ensure that the proposed plans for the automobile dealership in the C-3A zone .conform to the conditions. -. It is my recommendation that you r___.:_-_ adopt the ordinance as written, allowing work to move ahead on the automobile dealership proposed for the West Temple/Gateway Redevelopment_Area.` RECOMMENDED MOTION: I move that we adopt an ordinance amending Chapter 62-of•'`l Title 21 allowing automobile dealerships as a conditional use in a "C-3A" - "'±' �` District. ANTICIPATED OPPOSITION: None. _.• • • • • • 89-82A2 APR 4 1989 SALT LAKE CITY ORDINANCE No. of 1989 (Amending Chapter 62 of Title 21 allowing automobile dealerships as a conditional use in "C-3A" District) AN ORDINANCE AMENDING CHAPTER 62 OF TITLE 21 ALLOWING AUTOMOBILE DEALERSHIPS AS A CONDITIONAL USE IN A "C-3A" DISTRICT. WHEREAS, the City Council has considered allowing automobile sales at part of the "West Temple Gateway Redevelopment Project Area Plan" ; and WHEREAS, some of the area designated for such sales in -the plan are currently zoned "C-3A" which prohibits open•storage' of automobiles for sale; and WHEREAS, the City Council has held hearings before the • Planning Commission and before its own body and believes it appropriate to allow auto sales in a commercial "C-3A"district as a conditional use. NOW, THEREFORE, the City Council of Salt Lake City, Utah, hereby adopts the following amendments to Chapter 62 of Title 21 of the Salt Lake City Code. Be it ordained by the City Council of Salt Lake City, Utah: • SECTION 1. That Chapter 62 of Title 21 be amended to 'read as follows: 21.62.010 Permitted uses. - In a C-3A commercial district, 'all buildings -and premises may be used for any purpose permitted in a C-3 commercial district, except any business which requires the open storage of any merchandise, vehicles or equipment to be sold, rented or stored is prohibited except as provided in Section 21 . 61 .050. 89-82A3 Ap 4 1599 21.62.020 Building height. * * * 21.62.030 Front yards. * * * 21.62.040 Side and rear yards. * * * 21.62.050 Conditional uses. A. In a C-3A commercial district, the [board of- adju3tment] Planning Commission may permit as a conditional use the following: 1. * * * 2. New automobile and light truck sales and leasing_ including outdoor sales display and enclosed service and parts departments ( "automobile sales use" ) . • Sales, leasing and display of used vehicles on the same premises shall be allowed only ancillary to the sale of new vehicles. • [ - e if .) it is found that such dc 'elepment would net be in keeping with the surrounding arca er would ereate undue traf fi-e problem3. In impo3c any eonditiens it finds nceeaeary- to pretcet again3t traffic prebbems and to protee-t the e iaraetcr e-f the arca in • which--the--dev Lel-ep��. to b.. 1 at..a ] . 21.62.060 [Special provi3ions. ] Hearing. [ busiasses the C3 -dis ct cluding all • cted, and all storage and ly enclosed building. ] The Planning commission shall hold an informal hearing on applications for a conditional use under this chapter. 89-82A4 -2- APR 41989 ( . = 21.62.070 Approval criteria. The Planning and Zoning Commission may authorize the issuance of a permit for an automobile sales use if it finds that the proposed use is identified as a recommended use at the proposed location in an adopted neighborhood master plan. The Planning Commission shall also consider whether the proposed automobile sales use development plan complies with the design guidelines established in the adopted neighborhood master plan. 21.62.080 Design requirements. a. Conditional automobile sales 'uses shall be addressed and front on a street designated on the adopted official street map as either a minor or major arterial street. Primary vehicular access to the automobile sales use shall be allowed only on such minor or major arterial street. b. All service and repair activities and all parts storage shall be within an enclosed structure. c. Required customer parking areas shall be marked and identified as such and shall be maintained opened to customers during the hours of operation of the business. • 21.62.090 Design criteria. • • In approving the conditional use, the Planning Commission may, in addition, require any or all of the design criteria specified below which are determined to be. reasonably necessary , to minimize the negative aesthetic and planning impacts associated with the proposed conditional use: a. Landscaped buffer yards and sight-proof screening fences as required considering the use of properties in the immediate vicinity of the proposed automobile sales use; 89-82A5 -3- APR 41989 b. Trees planted in the public right of way as reasonably determined necessary by the Planning Commission installed and maintained at the cost of the proposed conditional_ . user; c. Yard areas required for the use in the zone . completely landscaped including a sprinkling system; d. Such other conditions reasonably necessary to insure compatibility of uses within the district in conformance with adopted master plans and polices and as may be necessary to protect against traffic problems and to protect the character of the area. 21.62.100 Display prohibitions. It shall be unlawful to display vehicles on either the required front landscape setback or the public right of way. l) 21.62.110 Noise restrictions. Public address systems for any automobile sales use in a C-3A district shall not be operated to produce a greater noise level, at properly line, than 55dBA if adjacent to a residential use or 65dBA adjacent to a commercial use. • • 21.62.120 Denial. The Planning Commission may deny any application for an automobile sales use if it finds that the proposed use would not be in keeping with the character of the surrounding area or would create undue traffic problems. SECTION 2. This ordinance shall take effect immediately upon publication. '1 89-82A6 -4- • • APR 4 1 n - 1,V89 Passed by the City Council of Salt Lake City, Utah, this day of , 1989. CHAIRPERSON ATTEST: • CITY RECORDER Transmitted to the Mayor on Mayor's Action: Approved Vetoed. MAYOR • _ ATTEST: CITY RECORDER BREI:pp • • • _ . _ • ' " = --1 89-82A7 -5- APR 4 7989 Aga Salt'Lake City Planning-&-Zoning-•Cocnnissiort Staff Report . Commercial "C 3A" ordinance text change • OVERVIEW . The Planning Staff is proposing a "text" amendment to the Commercial "C-3A" zoning district that will accommodate the implementation the "West Temple Gateway Redevelopment Project Area Plan". The Redevelopment Plan was prepared in 1987 with three blocks of the proposed land use devoted to an "Auto Mall" concept. The urban design standards of the Plan require landscaped setbacks and sign control guidelines. The Plan recommends the use of the Commercial "C-3A" zoning district to control those urban design standards. Portions of the land allocated for the "Auto Mall" are currently zoned Commercial "C-3A Presently the ordinance specifically prohibits ". . . any business which requires the open storage of any merchandise, vehicles or equipment to be sold, rented or stored". The Planning Staff proposes a change that will allow, as a conditional use, the sales and leasing of new and used automobiles and light trucks. ANALYSIS ' The Commercial "C-3A" zoning district is designed for general commercial uses except for open storage. This zoning district is applied in a limited number of, neighborhoods, specifically eight locations. - J Brickyard Center 1100 East to 1300 East at 3300 South • Euclid Neighborhood North Temple to 200 South on 900 West 1000 West to 1200 West on 200 South West Capitol Hill 600 North to 900 North at 350 West East Downtown S. Temple to 200 South on 400 East 2100 South Freeway Jordan River to Redwood Road • I-80 Frontage South of Airport and International Center Raging Waters Jordan River and 1700 South West Temple Gateway 600 South to 800 South West Temple to 200 West Using a "Conditional Use" process will allow the Planning Commission to evaluate the impact of the open storage nature of automobile sales and leasing on the adjoining commercial and residential neighborhoods. The compatibility of use, intensity of use, and site design standards will be evaluated for each proposed use and determined if the use is in keeping with the Master Plan for the neighborhood. 89-82A8 APR 4 v9 l "'` REQ TICN The Planning Staff recommends that the Planning & Zoning Commission amend Section 21.62.050 Conditional Uses in the Commercial "C-3A" zoning district to the following. sm. 21.62.050 (XNDITICNAL USES: (A) . In a C-3A commercial district, the Planning Commission may permit as a conditional use the following: (1) . An outdoor theater, provided the screens are so located as not to be visible from any adjoining street or residential area and that the entrance and exit driveways and the box office are so located that a traffic problem will not be incurred on any adjoining public street. (2) . Outdoor sales and leasing of new automobiles and light trucks with sales of used vehicles being ancillary to new automobile or truck . dealerships. Each conditional use shall be subject to Planning Commission evaluation and approval with regards to the following criteria: = a) . That the conditional use is identified as an element of a neighborhood or block master plan. . That the conditional use development complies with • any design guidelines established in the master • plan. The project should be contiguous to and functionally a part of a neighborhood or community auto retail center. b) . That the use be located on a street with a functional classification of either minor or major arterial. c) . That primary vehicular access be restricted to the minor or major arterial street. • • d) . That all repair activities and parts storage are within an enclosed structure. e) . That landscaped buffer yards and sight proof • screening fences will be provided, if deemed necessary by the Planning Commission, particularly when the abutting use is residential. f) . That street trees be provided and that required yard areas be completely landscaped including a sprinkling system. 89-82A9 r'1 4 19'89 g) . That public parking areas be identified and maintained open to the public during hours of • operation. h) . That there will be no encroachment into yard areas . or public property for vehicle displays. i) . That public address systems are limited to a noise level, at property line, of 55 dBA if adjacent to residential uses and 66 dBA when. adjacent to commercial uses. • (I3). The Planning Commission may refuse to approve any conditional use if it is found that such development would not be in keeping with the . surrounding area or would create undue traffic problems. In authorizing such a conditional use, the Planning Commission may impose any conditions it finds necessary to protect against traffic problems and to protect the character of the area in which the development is to be located. • The City Council held a public hearing on the earlier recommendation of the . . Planning Commission to add .the Conditional Use for automobile and truck sales and leasing. At the conclusion of that hearing, the City Council requested • / the Planning Commission to list in the ordinance the'criteria" guiding the approval of these "conditional uses" and forward a recommendation for their review. • • • 89-82A10 • APR 479 • i 89 ADMINISTRATIVE SERVICES DEPARTMENT KATHRYN MARSHALL City Recorder • PALMER DePAUL13 CITY RECORDER 324 SOUTH STATE STREET, 5TH FLOOR MAYOR SALT LAKE CITY. UTAH 84111 (801) 535-7671 August 10, 1988 MEMO TO: Planning Commission • FROM: Kathryn Marshall SUBJECT: ORDINANCE AMENDING TEXT OF CHAPTER 62 OF TITLE 21, ' REGARDING "C-3A" ZONING CONDITIONAL USE • • • • At the regular Council Meeting held August 2, 1988, the City Council referred the proposed ordinance amending the text of Chapter 62 of Title 21 regarding Commercial "C-3A" zoning, to you for further review and recommendations. They felt there needed to be parameters and conditions set forth in the .:ordi- nance regarding the conditional use. A copy of the proposed ordinance is attached: • KM:lb • 89-82A11 APR 4 1989 SALT LAKE CITY ORDINANCE No. of 1988 (An ordinance amending Chapter 62 of Title 21 allowing automobile dealerships as a conditional use in a "C-3A" District) AN ORDINANCE AMENDING CHAPTER 62 OF TITLE 21 ALLOWING .. AUTOMOBILE DEALERSHIPS AS A CONDITIONAL USE IN A ' C-3A" DISTRICT. WHEREAS,. the City Council has considered allowing automobile sales as part of the "West Temple Gateway Redevelopment Project Area Plan"; and WHEREAS, some of the area designated for such sales in the • Plan are currently zoned "C-3A" which prohibits open storage of.- automobiles for sale; and _ WHEREAS, the City Council has held hearings before the Planning Commission and before its own body and believes it : :) appropriate to allow auto sales in a Commercial "C-3A" District as a conditional use. NOW, THEREFORE, the City Council of Salt Lake City, Utah, hereby adopts the following amendments to Chapter 62 of Title 21 of the Salt Lake City Code. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 21. 62.010 be amended to read as follows: Sec. 21. 62.010 Permitted Uses. In a "C-3A" commercial district, all buildings and premises may be used for any purpose permitted in a "C-3" commercial district, except any business which requires the open storage of 89-82Al2 • APR 4 ]989 ff any merchandise, vehicles or equipment to be sold, rented or stored is prohibited, except that the sale or lea;'e of new or used cars or light 'trucks may be allowed as a conditional use as specified below. SECTION 2. That Section 21.62.050 be amended to read as follows: Sec. 212: 62.050 Conditional Uses. A. *** 1. *** - 2. Outdoor sales and leasing of new or used automobiles and light trucks. SECTION 3 . This ordinance shall take effect she date of its • first publication. Passed by the City Council of Salt Lake City,' Utah, this day of , 1988. • • CHAIRPERSON • . • ATTEST: N.;r • CITY RECORDER • Transmitted to the Mayor on Mayor's action: Approved Vetoed. • • MAYOR 89-82A13 • -2- APR 4 7989 ATTEST: CITY RECORDER . . (SEAL) • - _ BILL NO. OF 1987 Published: • ss, GRH:rc • . • • -3- 89-82A14 ::. s APR 4 1989 Salt Lake City, Utah April 4, 1989 The Municipal Council of Salt Lake City, Salt Lake County, Utah (the "Municipal Council"), pursuant to due notice met in regular public session on April 4, 1989, at the hour of 6:00 o'clock P.M., at the regular meeting place of the Municipal Council in Suite 300 in the City Hall, 324 South State Street, in Salt Lake City, Utah. The meeting was duly called to order by Councilmember who was conducting, with the following members being present, constituting a quorum of the Municipal Council: W. M. (Willie) Stoler Chair Alan G. Hardman Vice Chair Florence Bittner Councilmember Thomas M. Godfrey Councilmember Sydney R. Fonnesbeck Councilmember L. Wayne Horrocks Councilmember Roselyn Kirk Councilmember. Absent: There were also present: Palmer A. DePaulis Mayor Kathryn Marshall City Recorder Roger F. Cutler City Attorney. Sale Resolution 89-82B1 APR 4 &!:9 After the minutes of the preceding meeting had been duly read and approved, the City Recorder presented to the Municipal Council an affidavit evidencing the giving of not less than twenty-four (24) hours public notice of the agenda, date, time, and place of the April 4, 1989, regular meeting of the Municipal Council in compliance with the requirements of Section 52-4-6(2), Utah Code Annotated 1953, as amended, by (1) posting written notice of the meeting at the principal office of the Municipal Council, and (2) providing notice to at least one newspaper of general circulation within the geographic jurisdiction of Salt Lake City, Utah, or to a local media correspondent. The affidavit was ordered recorded in the minutes of the meeting and is as follows: -2- 89-82B2 PR 448G • STATE OF UTAH ) COUNTY OF SALT LAKE ) I, Kathryn Marshall, the duly qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify, according to the records of said City in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-6(2), Utah Code Annotated 1953, as amended, I gave not less than twenty-four (24) hours public notice of the agenda, date, time, and place of the April 4, 1989, regular public meeting held by the Municipal Council of Salt Lake City, Salt Lake County, Utah, by: (a) causing a Notice of Public Meeting to be posted at the principal office of • the Municipal Council at Suite 300, City Hall, 324 South State Street, in Salt Lake City, Utah, on March 31, 1989, at least twenty-four (24) hours before the convening of the meeting, in the form attached hereto as Exhibit A; said Notice of Public Meeting having continuously remained so posted and available for public inspection during regular office hours until the convening of the meeting; and (b) causing a copy of the Notice of Public Meeting in the form attached hereto as Exhibit A to be provided on March 31, 1989, at least twenty-four (24) hours before the convening of the meeting, to The Salt Lake Tribune and the Deseret News, newspapers of general circulation within the geographic jurisdiction of Salt Lake City, Utah, and to each local media correspondent, newspaper, radio station, or television station which has requested notification of meetings of the Municipal Council. IN WITNESS WHEREOF, I have hereunto subscribed my official signature and impressed hereon the official seal of Salt Lake City, Salt Lake County, Utah, this 4th day of April, 1989. Kathryn Marshall City Recorder Salt Lake City, [SEAL] Salt Lake County, Utah -3 89-82B3 APR 4loon EXHIBIT A [Attach Copy of Meeting Notice] A-1 89-82B4 AP 4 1989 Thereupon, after the conduct of other business not pertinent to the following, the following resolution was introduced in written form by Council- member and, pursuant to motion duly made by Council- member and seconded by Councilmember was adopted and approved by the following vote: Aye: W. M. (Willie) Stoler Alan G. Hardman Florence Bittner Thomas M. Godfrey Sydney R. Fonnesbeck L. Wayne Horrocks Roselyn Kirk. Nay: None. Absent: The resolution was thereupon presented to and approved and signed by the Mayor, was approved as to form and signed by the City Attorney, was signed by the Chair of the Municipal Council, and was attested and recorded by the City Recorder in the official records of said City. The resolution is as follows: -4- 89-82B5 PR . ) 89 RESOLUTION NO. of 1989 A RESOLUTION authorizing the issuance and confirming the sale of not more than $30,520,000 aggregate principal amount of Airport Revenue Bonds, Series 1989, of Salt Lake City, Salt Lake County, Utah; and related matters. *** *** *** WHEREAS, the Municipal Council of Salt Lake City, Salt Lake County, Utah (the "City") considers it desirable and necessary and for the benefit of the City to issue its Airport Revenue Bonds, Series 1989 (the "Bonds"), for the purpose of financing improvements and extensions to the Salt Lake International Airport; and • WHEREAS, the City has authorized the issuance of the Bonds, within certain parameters, pursuant to Resolution No. 32 of 1989, adopted on March 7, 1989; and WHEREAS, Smith Barney, Harris Upham do Co., Inc., Shearson Lehman Hutton, Inc. and A. G. Edwards & Sons, Inc. (the "Underwriters") have agreed to purchase the Bonds pursuant to a Bond Purchase Agreement dated April 4, 1989 (the "Purchase Agreement"), among the City and the Underwriters; and WHEREAS, it is necessary to authorize the execution and delivery of the Purchase Agreement and to fix the terms of the Bonds; NOW, THEREFORE, Be It Resolved by the Municipal Council of Salt Lake City, Salt Lake County, Utah, as follows: Section 1. Terms of Bonds. The Bonds are hereby authorized to be issued in the aggregate principal amount of $30,520,000, shall mature on the dates, shall be subject to mandatory and optional redemption, and shall bear interest at the rates, payable at the times, as set forth in the Purchase Agreement, the provisions of which are incorporated herein by this reference. • Section 2. Sale of Bonds. (a) The Bonds are hereby sold to the Underwriters at the purchase price set forth in the Purchase Agreement, plus accrued interest on the Bonds from their date to the date of delivery and payment for the Bonds, on the terms and conditions set forth in the Purchase Agreement and upon the basis of the representations therein set forth. To evidence the acceptance of the Purchase Agreement, the Mayor is hereby authorized to execute and deliver, and the City Recorder is hereby authorized to seal, attest and countersign, the Purchase Agreement in substantially the form presented at the meeting at which this Resolution is adopted. (b) The final Official Statement of the City in substantially the form presented at the meeting at which this Resolution is adopted, with such changes, omissions, insertions and revisions as the Mayor shall deem advisable, is hereby authorized and the Mayor shall sign and deliver such final Official Statement to the Underwriters for distribution to prospective purchasers of the Bonds and other interested persons. Such approval of any such changes shall be conclusively established by the Mayor's signing of one or more copies of the final Official Statement. The prior distribution of the preliminary Official Statement is hereby in all respects authorized, ratified and approved. -5- 89-82B6 APR 4 19$9 Section 3. Effective Date. This Resolution shall be in full force and effect immediately upon its adoption. ADOPTED AND APPROVED this 4th day of April, 1989. SALT LAKE CITY, SALT LAKE COUNTY, UTAH [SEAL] Mayor ATTEST AND COUNTERSIGN: City Recorder (Other business not pertinent to the above appears in the minutes of the meeting.) • Upon the conclusion of all business and upon motion duly made and carried, the meeting of the Municipal Council was adjourned. W.M. (Willie) Stoler Chair [SEAL] ATTEST: Kathryn Marshall City Recorder 89-82B7 _6_ APR 4 1389 STATE OF UTAH ) COUNTY OF SALT LAKE ) I, Kathryn Marshall, do hereby certify that I am the duly qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah. I further certify that the above and foregoing constitutes a full, true and correct copy of the minutes of a regular public meeting of the Municipal Council of Salt Lake City, Salt Lake County, Utah, held on April 4, 1989, and of a resolution adopted at said meeting, insofar as said minutes pertain to the matters above set forth, 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 corporate seal of Salt Lake City, Salt Lake County, Utah, this 4th day of April, 1989. • Kathryn Marshall City Recorder Salt Lake City, Salt Lake County, Utah [SEAL] RJS/jg1/858076SR -7- 89-82B8 PROCEEDINGS L. THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 4, 1989 The City Council of Salt Lake City, Utah, met in regular session on Tuesday, April 4, 1989, at 6:00 p.m. in Suite 300, City Hall, 324 South State Street. The following Council Members were present: Florence Bittner Alan Hardman Sydney Fonnesbeck Wayne Horrocks Tom Godfrey Willie Stoler Councilmember Kirk was absent. Mayor Palmer DePaulis, Roger Cutler, City Attorney, Kathryn Marshall, City Recorder, and LaNita Brown, Deputy Recorder, were present. Councilmember Stoler presided at the meeting and Councilmember Fonnesbeck conducted the meeting. OPENING CEREMONIES contacted many attorneys to have them sue the city for false arrest #1. The invocation was given and imprisonment, then realized by Police Chaplain Joseph Sanders. that the City Attorney' s Office was where he should go for re- #2. The Council led the course. He said he contacted Pledge of Allegiance. Assistant Attorney Greg Hawkins by mail in April 1988, then stopped #3. Councilmember Godfrey in his office in May and a recep- moved and Councilmember Stoler tionist told him that if he didn' t seconded to approve the minutes of hear from the Attorney' s Office the Salt Lake City Council for the within three months he could regular meetings held Tuesday, assume he had lost his case March 21, 1989, and Thursday, against the city. He said he then March 23, 1989, which motion received a letter from Mr. Hawkins carried, all members present voted on May 10th saying that the city aye. had probable cause to arrest him, (M 89-1 ) after which he immediately went to Mr. Hawkins office to find out why • no specifics were mentioned in the COMMENTS letter and was escorted out of the office. He said he felt the city Victor Willey, 1028 South 900 owed what was due him for being East # B, said he had been arrest- incarcerated for so long. ed on February 17, 1985, in Smith' s Food King by their manager Mr. Cutler said that it had because he did not have a receipt been a citizen' s arrest by Smith' s for a can of food. He said four Food King and incarceration by the city police officers responded to County, and the city' s only in- the call and took him to the volvement was Mr. Willey' s being County jail. He said the only transported to jail by the city time he was brought before a judge officers. • • he had pled not guilty to a charge of petty larceny, then he spent 32 days in jail and was released 89-83 PROCEEDINGS C.. THE CITY COUNCIL OF SALT BAKE CITY, UTAH TUESDAY, APRIL 4, 1989 CONSENT AGENDA Redevelopment Agency of Salt Lake City for the RDA to manage the Councilmember Godfrey moved Canterbury Apartments. and Councilmember Horrocks second- (C 89-121) ed to approve the consent agenda, which motion carried, all members present voted aye. NEW COUNCIL BUSINESS #1. RE: Ordinance 12 of #1. RE: The reappointment of 1989, recognizing the adoption of Jan Graham to the Central Business Amendment 5-F to the Master Annex- Improvement District Board. ation Policy Declarations; extend- ing the limits of Salt Lake City ACTION: This item was re- to include the Russell and Olwine ferred to the Consent Agenda Annexation, zoning the same Com- without objection. mercial "C-3A" ; and amending the ( I 89-11) Salt Lake City Council District Boundary Map. #2. RE: The appointment of (P 88-194) James Stewart to the Central Business Improvement District #2. RE: The appointment of Board. Paulette Mounteer to the Urban Forestry Board. ACTION: This item was ( I 89-3) referred to the Committee of the Whole without objection. #3. RE: Resolution 47 of (I 89-11) 1989, authorizing the execution of an interlocal agreement with Sandy #3. RE: An ordinance amend- City for Salt Lake City to provide ing Section 21 .74.030 creating fire and dispatch services to additional residency limitations Sandy City for a fee stated in the on the Historic Landmark Commit- agreement. tee. (C 86-649 ) ACTION: Councilmember Hard- #4. RE: Set a date for a man moved and Councilmember Bitt- public hearing to be held Tuesday, ner seconded to refer this item to April 18, 1989 at 6:40 p.m. to the Planning Commission, which obtain public comment concerning a motion carried, all members proposed ordinance concerning present voted aye except Coun- Cable TV Franchises in the city. cilmembers Fonnesbeck and Godfrey (0 89-8) who voted nay. #5. RE: Resolution 48 of DISCUSSION: Councilmember 1989, authorizing the execution of Godfrey asked if Councilmembers an interlocal agreement with the Hardman and Fonnesbeck had dis- Utah Department of Transportation cussed their differences on the for a utility line agreement for issue since the Council ' s February installation of a sewer main in a 25th retreat. Councilmember Fon- state highway. nesbeck said there had been no (C 89-122) further discussion, and Coun- cilmember Hardman said he recom- #6. RE: Resolution 49 of mended referring the ordinance to 1989, authorizing the execution of the Planning Commission. an interlocal agreement with the (0 89-7) 89-84 PROCEEDINGS L.. THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 4, 1989 UNFINISHED BUSINESS The meeting adjourned at 6 : 20 p.m. #1. RE: A resolution provid- ing for the issuance of Airport revenue bonds. ACTION: Without objection, this item was pulled from the agenda. (Q 88-4) #2. RE: A supplemental COUNCIL CHAIRPERSON resolution authorizing the issu- ance and sale of approximately $31,000,000 Airport Revenue Bonds, Series 1989, of Salt Lake City, Salt Lake County, Utah; and related matters. CITY RECORDER ACTION: Councilmember Godfrey moved and Councilmember Horrocks seconded to approve Resolution 44 of 1989, authorizing the issuance and confirming the sale of $30, 520,000 aggregate principal amount of Airport Revenue Bonds, Series 1989, of Salt Lake City, Salt Lake County, Utah; and related matters, which motion carried, all members present voted aye. (Q 88-4) #3. RE: An ordinance amend- ing Chapter 62 of Title 21 allow- ing automobile dealerships as a conditional use in "C-3A" Dis- tricts. ACTION: Councilmember Godfrey moved and Councilmember Horrocks seconded to adopt Ordi- nance 13 of 1989, allowing automo- bile dealerships as a conditional use in "C-3A" Districts, which motion carried, all members present voted aye. DISCUSSION: Councilmember Fonnesbeck said she had concerns about the ordinance and felt that serious problems might arise in the future from the combined "C- 3A" and Residential districts. (0 88-23) 89-85 St^� • a r • 4-711 OFFICE.;OFF;THE 'CITY `COUNCIL ? !Tr! SUITE 300..CITY HALL ▪ . 324 SOUTH STATE STREET:`:!, ▪ SALT' KE-CITY.UTAH 84tin_' 535 7600's1 March 20, 1989 MEMORANDUM • • • TO: Council Members , FROM: Christine Richman (J1 RE: Board Appointments. • The Mayor has submitted two Board appointment recommendations for your review. Both appointments are to the Central Business Improvement District. One is a reappointment to a first full term, .conforming to your ordinance. The other is a new appointment . If you are comfortable with them, we would like to place the names on the agenda for first reading on April 4, 1989. Please let me know by Friday, March 31 if you need more information, or if you have a concern about any of them. The recommendations are: CENTRAL BUSINESS IMPROVEMENT DISTRICT: Jan Graham is recommended for reappointment to her first full term. • Her initial appointment was made in November of 1988 and expired in January of 1989. This term will expire in January of 1993. Ms. Graham is an attorney for Jones, Waldo , Holbrook & McDonough located in the First Interstate Bank Building. Although Ms. Graham does not reside within the City limits, she was selected by the CBID board as a representative of professional organization • interests in the downtown. ' James Stewart is recommended for appointment for his first term. Mr. Stewart is suggested to replace Wayne Hadley as the representative for financial institutions on the Board. His term will expire in January of 1993. Mr. Stewart is President and Chief Executive Officer of Continental Bank and Trust. Although Mr. Stewart does not reside within the City limits, the main offices of Continental Bank are located at 200 South Main Street. cc: Cindy Gust-Jenson Emilie Charles Kerri Christenson f S': T' 11 GITI QORP- RATIONS OFFICE OF :THE CITY COUNCIL '• • -' SUITE 300, CITY HALL 324 SOUTH STATE STREET ' SALT:.LAKE CITY. UTAH 84111 535-7600 February 2, 1989 MEMORANDUM• TO: MEMBERS OF THE CITY COUNCIL FROM: CINDY GUST-JE SON RE: BOARD APPOINIT'IENTS ' The Mayor has submitted five Board appointment recommendations for your review. Three of -the five are new appointments. The two that are reappointments do conform to the ordinance you recently passed. If you are comfortable with them, we would like to place the names on the agenda for first reading on February 14. Please let me know by Friday, February 10 if you need more information, or if you have a concern about any of them. Recommendations include: PLANNING AND ZONING COMMISSION Dan Bethel is recommended for appointment to fill an unexpired term through July 1, 1990. Mr. Bethel is ah architect and resides in District 2. He has been active in the Westside Community Council, and indicates he is interested in zoning. HOUSING ADVISORY AND APPEALS BOARD Karen Wikstrom is recommended to-fill an expired term extending through October 14, 1990. She is a resident of District 7 and is a financial consultant. She indicates that she considers housing to be one of the most pressing issues facing the City. She is a member of the Board of Trustees of ASSIST, and is Vice President of the Wallace Associates Consulting Group. Atil SALT LAKE ARTS COUNCIL • Myron Richardson is recommended for reappointment to a term extending through October, 1991. He resides in District 3. He is an architect, and has been involved in R/UDAT, ASSIST and other community-related activities. MOSQUITO ABATEMENT DISTRICT Frank C. Jackson is recommended for reappointment for a term extending through December, 1990. He is a resident of District 6 and is retired from the Utah Department of Health, Division of Environmental Health. While at the Department of Health, he had responsibility for the statewide insect and rodent control activities delegated to that agency. SALT LAKE ARTS DESIGN BOARD • Bonnie Sucec is recommended to fill an unexpired term extending through March 8, 1990. She is a self-employed artist, and resides in District 3. She has worked with the Utah Arts Council and the Utah Committee on Arts for the Handicapped. Ms. Sucec replaces District 3 resident Edith Robertson. The Board has five members. With this appointment, the Board"would have three members from District 3, and one each from Districts 2 and 4. • • cc: Linda Hamilton, Lee King, Christine Richman . Emilie Charles • • • • • • • vAKFC JJ3 BOARD Elaine B.Weis, Chair PALMER A. DEPAULIS, Mayor _ Curtis E.Ackerlind,Jr. • J.Alan Blodgett • Don A.Mackey 1} LOUIS E. MILLER Eddie P. Mayne • Joseph Rosenblatt 3 Director of Airports Patrick A. Shea • Thomas K.Welch Od t A U"OO March 27, 1989 Mr. Willie Stoler, Chairman and Salt Lake City Council 324 South State Street 3rd Floor Salt Lake City, Utah 84111 Dear Chairman Stoler and Council Members: Subject: Interlocal Agreement for Use of Firing Range at Salt Lake City International Airport between Salt Lake City Corporation and Murray City Corporation. Fiscal Impact: None. Discussion: City will allow Murray's police to use the airport firing range in accordance with Airport Authority rules and regulations for Such use, for a period of three (3) years. In consideration for such use, Murray City agrees to indemnify City against any and all losses, damages, claims, liabilities, and causes of action of every kind or character, as well as costs, including attorney's fees, connected therewith and the expenses of investigation thereof, based upon or arising out of their police or other certified peace officers' use of the firing range. Recommendation: It is respectfully requested that you approve an interlocal agreement for use of firing range by Murray City Corporation police officers. Respectfully Submitted, Louis E. Miller Salt Lake City Airport Authority•AMF Box 22084,Salt Lake City,Utah 84122•(801)575-2400•Telefax:(801)575-2679 RESOLUTION NO. OF 1988 AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND MURRAY CITY CORPORATION WHEREAS, Title 11, Chapter 13, U.C.A. , 1953, as amended, allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purposes; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1 . It does hereby approve the attached agreement generally described as follows: An agreement allowing Murray City Corporation to use the airport firing range for its police and other certified officers. 2 . Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is hereby authorized to execute said agreement on behalf of Salt Lake City Corporation and to act in accordance with its terms. Passed by the City Council of Salt Lake City, Utah, this day of , 1989. SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: CITY RECORDER APPROVED AS TO FORM Salt Lake City A",,n%y s Office RLM:rc INTERL OCAL AGREEMENT FORUM OF FIRING RANGE AT SALT LAKE CITY IN'ITIONAL AIRPORT THIS AGREEMENT is made and executed this tail- day of by and between SALT LAKE CITY CORPORATION, a municipal tion of the State of Utah, hereinafter "City", and hereinafter "Permittee". WITNESSETH WHEREAS, the City has constructed an through its Airport Authority is operating a firing range at its International Airport; and WHEREAS, Permittee desires to obtain the use of said firing range for its police or other certified peace officers. NOW, THEREFORE, in consideration of the premises, the parties agree as follows: 1. City agrees to allow Pesmittee's police to utilize the City's airport firing range in accordance with rules and regulations as established by the Airport Authority and upon a schedule and for such fees as may be set and determined by the City's Director of Airports. 2. In consideration for such use, Permittee agrees to indemnify, save harmless and defend the City, its officers, agents and employees from and against any and all losses, damages, claims, liabilities, and caws of action of every kind or character, as well as all costs, including attorney's fees, connected therewith and the. expenses of. investigation thereof, based upon or - -arising out of Permittee's police or other certified pare officers' use of said firing range. 3. The term of this Agreement shall be for a period for three (3) years. However, either party may terminate this Agreement upon thirty (30) days prior wriL1ei notice to the other party. 4. This Agreement cannot be assigned by Permittee without the prior wriLtzLIconsent of City. 5, This Agreement constitutes the entire agreement between the parties Pertinent to tie Permittee's llgra of the City's firing range oat the City's International Airport, and it cannot be aueuded or altered except through a written instrument which is signed by both parties IN WITNESS WHEREOF, .the parties have.signed this Agreement to be effective as of the day and year first above written. SALT LAKE CITY CORPORATION BY MAYOR A'1Tk T: CITY RECORDER (PERT 1rr1' ,) ATl' T: APPROVED AS T FORM Murray City Att s OfBoe Date: Pr City Attorney STATE OF UTAH ) : ss. County of Salt Lake) On the day of , 198 , personally appeared before me PALMER A. DEPAULIS and KATHRYN MARSHALL, the signers of the foregoing instrument, who being by me duly sworn, did say that they are the Mayor and City Recorder, respectively, of SALT LAKE CITY CORPORATION, a municipal corporation of the State of Utah, and said persons acknowledged to me that said corporation executed the same. NOTARY PUBLIC, residing in My Ccmnission Expires: Salt Lake County, Utah • DL/ SALE° ` : `P Glint GORPORIONJ DEPARTMENT OF DEVELOPMENT SERVICES CRAIG E. PETERSON 114 CITY AND COUNTY BUILDING DIRECTOR SALT LAKE CITY, UTAH 84111, 535-7777 TO: Salt Lake City Council April 3, 1989 Re: Petition No. 400-708-89 submitted by David DeSantis Recommendation: That the City Council hold a public hearing on May 2, 1989 at 6:20 p.m. to discuss Petition No. 400-708-89 submitted by David DeSantis. The petitioner has requested that Salt Lake City Corporation amend o rate private recreation facilities in a residential district. Availability of Rinds: Not applicable • Discussion and Background: The Planning Commission has reviewed and approved this petition with the following conditions: MANDATORY CRI'Th RIA: 1 . The area to be used for recreational purposes is of sufficient size to accommodate all proposed facilities together with off street parking sufficient to accommodate the needs of the patrons of the proposed facility and still maintain a landscaped 30' front yard, 10' side yard and 25' rear • yard. 2. That all drainage and water retention plans have been reviewed and approved by the Salt Lake City Engineer. 3. That all traffic impact mitigation has been reviewed and approved by the Salt Lake City Transportation Engineer. APPROVAL CRITERIA: 1 . Whether the proposed recreation area is of such size and shape and so located as to not cause any undue infringement on the privacy of the abutting areas and is in keeping with the design of the neighborhood. 2. Whether the proposed facility is in keeping with the adopted master plan for the area. 3. Whether the proposed facility adversely impacts the surrounding residential neighborhood by way of such factors as lights, noise, odor, time or method of operation or other similar objectionable operating characteristic. PROHIBITIONS: 1. No accessory uses such as retail and food services be authorized to operate exclusively or as a part of any Private Recreation Facility unless such use has been independently approved by the City. All such accessory uses must be solely for the use and convenience of the patrons of the proposed establishment. The Planning Commission shall have the authority to place whatever additional conditions or restrictions it may deem necessary to protect the character of the residential district, and to insure the proper development and maintain of such residential area including the plans for the disposition or reuse of the property if the recreation area is not maintained in the manner agreed upon or is abandoned by the developer. The Planning Commission also discussed and approved changing the approval authority for granting conditional uses for recreational facilities in residential zones from the Board of Adjustment to the Planning Commission. Legislative Documents: The Ci.ty. Attorney's Office has prepared and approved the proposed ordinance. Submitted by: CRAIG E. EI'ERSON Director lf/ SALT LAKE CITY ORDINANCE No. of 1989 (Amending Section 21. 78. 130 Dealing with Recreational Facilities in Residential Districts Pursuant to Petition No. 400-708-89 ) AN ORDINANCE AMENDING SECTION 21 . 78. 130, SALT LAKE CITY CODE, DEALING WITH RECREATIONAL FACILITIES IN RESIDENTIAL DISTRICTS, PURSUANT TO PETITION NO. 400-708-89 . WHEREAS, the City Council has held hearings before its own body and before the Planning and Zoning Commission and believes it appropriate to amend the provisions of Section 21 . 78. 130, Salt Lake City Code, dealing with recreational uses in residential districts as conditional uses; NOW, THEREFORE, the City Council of Salt Lake City, Utah, hereby adopts the following amendment to Section 21 . 78 . 130 of the Salt Lake City Code. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Section 21 .78 . 130 , Salt Lake City Code, attached hereto as Exhibit A is hereby repealed. SECTION 2 . That Section 21 . 78 . 130 is hereby reenacted to read as follows: 21.78. 130 Recreational facilities in residential districts. A. Recreational facilities as conditional use. Where not otherwise authorized by this title, and when in its opinion the best interest of the community will be served thereby, the Planning and Zoning Commission may permit, as a conditional use, the use of the land in a residential district for recreational purposes, subject to the following conditions and procedures: B. Definition. "Recreational uses" , for the purpose of this section, shall be defined to mean a structure or developed open space designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities, including paths and playgrounds, tennis courts, swimming pools, golf courses and golf training facilities, nature exhibits and similar uses . "Recreational uses" shall not include commercial spa or aerobic clubs, all terrain or recreational vehicle parks, amusement parks, waterslides, skateboard parks or similar uses. C. Application. Applications for conditional uses under this section shall be filed with the Planning and Zoning Commission. Such applica- tions shall include detailed information concerning the criteria specified in subsection E. below. The application shall also require the payment of a one hundred dollar ($100.00 ) processing fee which includes the cost of mailing any and all required notices. D. Notice and hearing. The Planning and Zoning Commission shall hold an informal hearing on applications for conditional uses under this section. Notice of the hearing shall be given to residents and property owners within six hundred feet of the proposed conditional use. -2- E. Approval criteria. In considering the petition for conditional use the Planning and Zoning Commission shall determine from the criteria below whether the proposed conditional use substantially supports the desirable development pattern for the area in question in conformity with the city master plan for that area. The factors and criteria to be considered include: 1. Whether the proposed recreation area is of such size and shape and so located as to not cause any undue infringement on the privacy of the abutting areas and is in keeping with the design of the neighborhood. 2. Whether the proposed facility is in keeping with the adopted master plan for the area. 3. Whether the proposed facility adversely impacts the surrounding residential neighborhood by way of such factors as lights, noise, odor, time or method of operation or other similar objectionable operating characteristic. F. Design requirements. Before the Planning and Zoning Commission may grant the proposed conditional use it must find that the following mandatory criteria have been met: 1. That the area to be used for recreational purposes is of sufficient size to accommodate all proposed facilities, together with all required off street parking sufficient to accommodate the needs of the patrons of the proposed facilities while still maintaining required landscaped thirty foot front yards, ten foot side yards and twenty five foot rear yards. -3- 2. That all drainage and water retention plans have been reviewed and approved by the Salt Lake City Engineer. 3. That all traffic impact mitigation has been reviewed and approved by the Salt Lake City Transportation Engineer. G. Additional design elements. Subject to the provisions of this section, if the Planning and Zoning Commission finds that the conditional use is appropriate for the site, the Commission may, in addition, require any or all of the design criteria specified below which are determined to be reasonably necessary to minimize any negative esthetic, economic or planning impacts associated with the conditional use: 1 . An opaque masking structure or fence of a material in keeping with the character of the neighborhood to screen the proposed use from neighboring uses. 2. Such other conditions reasonably necessary to ensure compatibility of uses within the district in conformance with adopted master plans and policies and the protection of property values. H. Prohibited accessory uses. Accessory uses on the property such as retail sales and food services shall not be permitted except as such uses have been specifically approved by the Planning and Zoning Commis- sion. Any such accessory use shall be solely for the benefit and convenience of the patrons of the proposed establishment. -4- I . Security. Prior to the issuance of a permit to construct the conditional use, adequate financial security shall be posted in a form acceptable to the city to ensure completion of the proposed and required landscape improvements. SECTION 3. EFFECTIVE DATE. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1989. CHAIRPERSON ATTEST: CITY RECORDER //� Transmitted to the Mayor on Mayor' s action: Approved Vetoed. MAYOR ATTEST: CITY RECORDER -5- ALLEN C. JOHNSON MEMBERS: PLANNING DIRECTOR n ��l y�,y�g� 1 �T RALPH BECKER SANDRA MARLER SALT_.r A�' t,L pp�( Tpp SW�' E�@iFYaW® /k CINDY CROMER SECRETARY e y,y -,�i, V1di 1 'JA\'1 1 1� THOMAS A. ELLISON EX-OFFICIO MEMBERS: DEPARTMENT OF DEVELOPMENT SERVICES LAVONE LIDDLE-GAMONAL R ICHARD J. HOWA MAYOR OF SALT LAKE CITY Planning and Zoning Commission RALPH P. NEILSON CITY ENGINEER 324 SOUTH STATE STREET, ROOM 200 GEORGE NICOLATUS CITY TRAFFIC ENGINEER SALT LAKE CITY. UTAH 84111 JOHN M. SCHUMANN CITY BUILDING OFFICIAL F. KEITH STEPAN 535-7757 PETER VANALSTYNE KATHY WACKER March 23, 1989 Craig Peterson Director of Development Services Building Dear Craig, Attached herewith is Petition 400-708 by David Desantis. The petitioner is requesting that Salt Lake City amend section 21 . 78. 130 of the Salt. Lake City Zoning Ordinance regulating the location and operation of private recreation facilities in residential zones. Presently, the Board of Adjustment may authorize as a Conditional Use the operation of a private recreation facility in a residential zone. In order to qualify for this provision in the zoning ordinance, the ownership of the facility must fall into one of two categories. Either the facility must be owned by the residents of the subdivision in which it is located or be owned and operated by a nonprofit corporation. The petitioner has requested that the city modify this portion of the zoning ordinance to allow for-profit organizations to operate private recreation facilities in a residential district. The Planning Commission reviewed this request on March 9, 1989 and recommends approval of Petition 400-708 by deleting paragraphs "a" and e through h of section 21 . 78. 130. The Planning Commission also discussed and approved changing the approval authority for granting conditional uses for recreational facilities in residential zones from the Board of Adjustment to the Planning Commission. The Planning Commission recommends that section 21 . 78. 130 of the Revised Ordinances of Salt Lake City be amended to include the following conditions: Mandatory Criteria: 1 . The area to be used for recreational purposes is of sufficient size to accommodate all proposed facilities together with off street parking sufficient to accommodate the needs of the patrons of the proposed facility and still Craig Peterson March 23, 1989 Page -2- maintain a landscaped 30 ' front yard, 10 ' side yard and 25 " rear yard. 2. That all drainage and water retention plans must be reviewed and approved by the Salt Lake City Engineer. That all required landscaped setbacks must be installed and their maintenance guaranteed by the installation of a sprinkling system.0 Cenci-i-t-toira Criteria: 4. The proposed recreation area must be of such size and shape and so located so as not to cause any undue infringement on the privacy of the abutting areas and be in keeping with the design of the neighborhood in which the recreation area is to be situated. 5. That the proposed facility is in keeping with the adopted master plan for the area. 6 . The petitioner has demonstrated that all adverse traffic yil impacts can be mitigated to the satisfaction of the Planning �° Commission. ( This must be verified by the Salt Lake City Transportation Engineer ) . 7. The proposed facility does not adversely impact the surrounding residential neighborhood by way of: lights, noise, odor, time or method of operation or any other objectionable operating characteristic. 6,iar> 8. That where the city may deem appropriate, the petitioner (6r4/ must erect and maintain a 6 ' fence. ( Type and material must be approved by the Planning Commission ) . Prohibitions: 9. No accessory uses such as retail and food services be authorized to operate exclusively or as a part of any Private Recreation Facility unless such use has been independently approved by the City. All such accessory uses must be solely for the use and convenience of the patrons of the proposed establishment. The Planning Commission shall have the authority to place whatever additional conditions or restrictions it may deem necessary to protect the character of the residential district, and to insure the proper development and maintenance of such a residential area including the plans for the disposition or reuse Craig Peterson March 23, 1989 Page -3- of the property if the recreation area is not maintained in the manner agreed upon or is abandoned by the developers. The Planning Commission would recommend that the City Council consider setting a date for a public hearing to receive input regarding this proposed ordinance change. Respectfully, Allen C. Johnson AICP Planning Director ACJ: CAS Attachments APPLICATION FOR ZONING ING AMENDEMENT To be filed in duplicate with the department of Development Services 324 South State Street Suite #201 y Filing Fee $100.00 Advertising Fee* $100.00 (*if a public hearing is held) Application is hereby made to the Mayor and City Council of Salt Lake City Utah, to: Amend the text of the Zoning Ordinance. By amending Section 21.78.130(A) (Use reverse side for requested text change) Amend the Use District (Zoning) Map. Of Salt Lake City by reclassifying the following property located at: N/A from a _ classification to a classification (Use reverse side for legal description) ATTACH TO APPLICATION 1. The reasons why the present zoning is not proper for the area. 2. Changes which have taken place in the area which justify a change in zoning. 3. Description of the proposed use to be made of the property. 4. Other items which justify a change in the existing zoning. 5. Indication of support for rezoning from all affected property owners. 6. Any other information or exhibits which would aid the planning Commission in arriving at a proper recommendation. 7. Sidwell Parcel Identification Number. THE ABOVE INFORMATION, IN DETAIL, MUST ACCOMPANY THIS APPLICATION IN ORDER FOR THE PETITION TO BE PROPERLY BY THE PLANNING COMMISSBION. Signature i of the applicant Address 2210 Sunnybrook Way p} Salt Lake City, Utah Telephone Number 277-3027 Zip Code 84124 FILL (UF REVERSE SIDE Attach all exhibits and supporting data to application. Petition No. Date Receipt No. /)(41-• . b `)(pc Amount $ /[)0. h f) * The office of planning and zoning has indicated that a credit is available for the amount already poi.-,_ by the applicant in connection with its prior conditional use appl ical.i_on. MT. OLIVET CEMETERY ASSOCIATION 1 342 EAST 5TH SOUTH SALT LAKE CITY, UTAH 84102 January 20 , 1989 Mr . Alan Johnson Salt Lake City Planning and Zoning 324 South State Street Salt Lake City , Utah Dear Mr . Johnson, As you know I have petitioned the Planning Commission and the City Council to ammend the section of the zoning ordinance dealing with allowing a for profit entity operating a private recreation facility in a residential zone . Because of the importance and benefit of nurturing newly seeded grass in the Spring, I am requesting that the petition be put in front of the Planning Commission on the next available slot ( Feb . 9 ) so that if a favorable recommendation by the Planning Commission is granted a decision from the City Council will be expedited . Also, I would like to inform you that a Mr . Kennley Brunsdale will act as my agent in this case. Sinc rly, David DeSantis ATTACHMENT TO APPLICATION FOR ZONING AMENDMENT 1 . Reason why the present zoning is not proper for the area. Applicant has already been granted a conditional use permit for the development of the proposed Golf Center on the Mount Olivet Cemetery land in Salt Lake City; how- ever , the permit is subject to the restrictions in zoning ordinance 21 . 78 . 130 (A) which precludes development of the center by a for-profit organization. The nature of the pro- posed project and benefit it would provide to the community, will be difficult to realize if the status of the developer is unattractive to capital resources . The applicant has been unable thus far to secure caitalization as a non-profit organization. 2 . Changes which have taken place in the area which justify a change in zoning . The office of planning and zoning as previously concluded that the proposed Golf Center compliments the character of the surrounding neighborhood and will serve recreational and esthetic interests of the community . 3 . Description of the proposed use to be made of the property. (See the attached Development Plan . ) . 4 . Other items which justify a change in the existing zoning . The subject lands constitute the expansion area for the Mount Olivet Cemetery. The lands are not antici- pated to be needed for at least 25 years . Currently, the property is a vacant lot which is costly to maintain within fire safety codes and often unattractive . The Golf Center plan provides for the development of vegetation, shrubbery, trees and other esthetics which will serve intended purposes of the Golf Center, as well as long term objectives of the Mount Olivet Cemetery. 5 . Indication of support for rezoning from all effected property owners . The applicant has undertaken to communicate with residents in the surrounding neighborhood and is aware of no objection to the proposed Golf Center development. The Mount Olivet Cemetery Trustees support and are enthusiastic about the Golf Center. 6 . Any other information or exhibits which would aid the planning commission in arriving at a proper recommendation . (The attached includes conceptual drawings of the proposed Golf Center) . -2- SALT LAKE CITY PLANNING AND ZONING COMMISSION STAFF REPORT Petition 400-708 By David DeSantis OVERVIEW The petitioner is requesting that the city modify the text of the zoning ordinance by deleting portions of section 21. 78. 130. This section states that any private recreation facility operating in a residential zone must be owned by the residents of the subdivision in which it is located or operate as a nonprofit corporation. The petitioner is requesting that the city modify the text of the zoning ordinance to allow "for profit" corporations to operate private recreation facilities in a residential zones as a conditional use. The petitioner has received conditional use approval from the Planning Commission and Board of Adjustment to operate a golf training facility as a nonprofit corporation at approximately 1519 East Sunnyside Avenue which is directly West of the National Guard Armory. BACKGROUND The present wording for this section of the zoning ordinance first appeared as a text amendment on September 1, 1959. Reasons for it ' s adoption stem from concerns that were expressed regarding the commercialization of parks and open spaces by the sale of concessions and other goods to patrons of recreational facilities. ANALYSIS The question of whether of not the operator of a private recreation facility is a nonprofit corporation would be difficult to research and enforce. The State of Utah Department of Business Regulation has indicated that there are several types of nonprofit corporations that may be licensed. There does not seem to be any correlation between the city ' s desires to regulate the operations of private recreation facilities and the requirement of licensing as a nonprofit corporation. The zoning ordinance is not specific as to what type of nonprofit corporation must be licensed to operate a private recreation facility in a residential zone. The staff feels that the more important question to be answered is whether or not the land use is appropriate for the adjoining neighborhood and the city as a whole. It is this portion of the zoning ordinance that required the city to zone, Raging Waters Commercial C-3A to allow the recreational use that is operated by a private Company. The Planning Commission and the Board of Adjustment authorized the approval of a Conditional Use for a Private Recreation Facility in the form of a "Golf Training" facility in this residential zone. Both the Planning Commission and the Board of Adjustment have determined that this type of land use would be appropriate for this neighborhood as an interim use until Mount Olivet Cemetery needs the land. The activities that would cause the most concern on the site are the operation of the concessions that would be incidental to the functions of a golf training facility. These functions are currently being practiced in city parks and golf courses with apparent success. The petitioner has submitted operating guidelines to the staff as part of the request to change the text of the ordinance. This business plan is attached to the staff report. Cemetery officials indicate that the petitioner must still successfully negotiate an agreement with the Federal Government to ascertain whether a golf facility is a suitable interim use of a future cemetery. Only after this is completed do cemetery officials offer their support of the petitioners proposal. • RECOMMENDATION The Planning Staff recommends that the Planning Commission recommend approval to the City Council of Petition 400-708 by deleting paragraphs "a" and e through h of section 21. 78. 130 and adding the additional conditions listed below: , In order to receive approval for a Private Recreation Facility in a residential zone the petitioner must demonstrate that: 1 . That the proposed facility is in keeping with the adopted master plan for the area. 2. The petitioner has demonstrated that all adverse traffic impacts can be mitigated to the satisfaction of the Planning Commission. ( This must be verified by the Salt Lake City Transportation Engineer ) . 3. The proposed facility does not adversely impact the surrounding residential neighborhood by way of : lights, noise, odor, time or method of operation or any other objectionable operating characteristic. 4. That all drainage and water retention plans must be reviewed and approved by the Salt Lake City Engineer. 5. That where the city may deem appropriate, the petitioner must erect and maintain a 6 ' fence. ( Type and material must be approved by the Planning Commission ) . 6 . That all required landscaped setbacks must be installed and their maintenance guaranteed by the installation of a sprinkling system. 7. That all accessory uses such as retail and food services be independently approved by the City. All such accessory uses must be solely for the use and convenience of the patrons of the proposed establishment. Cristian A. Schulz City Planner II March 1, 1989 LEROY W. HOOTON, JR. DIRECTOR WENDELL E. EVENSEN, P.E. SUPERINTENDENT j�� "■ MO ` WATER SUPPLY&WATERWORKS 4 E.TIM DOXEY SUPERINTENDENT DEPARTMENT OF PUBLIC UTILITIES WATER RECLAMATION WATER SUPPLY & WATERWORKS . PALMER DEPAUUS JAMES M. LEWIS, C.P.A. WATER RECLAMATION MAYOR CHIEF FINANCE& ACCOUNTING OFFICER 1530 SOUTH WEST TEMPLE GEORGE JORGENSEN, P.E. SALT LAKE CITY, UTAH 84115 CHIEF ENGINEER TO: SALT LAKE CITY COUNCIL RE: INTERLOCAL AGREEMENT BETWEEN METROPOLITAN WATER DISTRICT OF SALT LAKE CITY AND SALT LAKE CITY CORPORATION FOR ENGINEER' S FEES FOR DESIGN OF EXPANSION OF THE PARLEY' S WATER TREATMENT PLANT. Recommendation: Approval Budget Impact: Two Scenarios: 1 ) If Sandy City is annexed into the Metropolitan Water District of Salt Lake City, Sandy City will pay engineering fees for expansion of Parley' s Water Treatment Plant of $520, 912 and Salt Lake City Public Utilities Department will reimburse the Metropolitan Water District $194, 880 for the seismic design to bring the plant up to current standards before June 30, 1991 . 2 ) If Sandy City is not annexed into the Metropolitan Water District of Salt Lake City, Salt Lake City Public Utilities Department will reimburse the Metropolitan Water District $194, 880 for the seismic design before June 30, 1991 , and the expansion design fee of $520, 912 before June 30, 1992. All of the funds advanced will be paid back at the rate of interest that the Metropolitan Water District would receive under its Daily Repurchase Agreement. Discussion: The Parley' s Water Treatment Plant was constructed in 1963 at a rated capacity of 32 mgd. The facility was constructed in accordance to seismic standards of that time. According to a March, 1989, engineering study by Carollo Engineers entitled a "Preliminary Investigation for Seismic Upgrade" it was determined that structural improvements amounting to an estimated $2, 249, 053 would be necessary to bring the facility up to standard under the 1988 Uniform Building Code Seismic Forces for Seismic Zone 3 and with an Importance Factor of 1 .00. City Council March 30, 1989 Page 2 Also, in April 1988, the engineering firm of James M. Montgomery, investigated the filter sand and support gravels in the six filter beds. Their investigation found that there was support gravel migration to the extent that it was recommended that the media be replaced. Inasmuch as negotiations are ongoing for the annexation of Sandy City into the Metropolitan Water District of Salt Lake City, whereby Sandy City would expand the Plant at its expense, Salt Lake City has not moved to replace the media as it will have to be replaced with a higher rate media as part of the plant expansion. On February 7, 1985, an engineering study by Carollo Engineers was conducted to evaluate the method and estimated cost to expand the Parley' s Water Treatment Plant to 42 mgd in order to treat water from the Little Dell Dam and Reservoir Project which is projected to be completed by 1992. The Metropolitan Water District of Salt Lake City has negotiated an agreement with Carollo Engineers for modifications and expansion of the Parley' s Water Treatment Plant design phase, in the amount of $715, 792 which will be executed once this interlocal agreement has been approved by the City Council. In summary, by combining the plant expansion and seismic upgrade into a single construction program, the city will be able to modernize this 25 year old facility and deliver additional water supply from the Little Dell Project. This will be necessary regardless of the Sandy City annexation, however if Sandy City is not annexed then the full financial obligation will be bore by the Public Utilities Department. In this event we will have to bond for the estimated $8.4 million construction costs. The Public Utilities Advisory Committee approved this concept at their March 16, 1989 meeting. Sincerely, LEROY WJJHOOTON, JR. DIRECTOR LWH:mf RESOLUTION NO. OF 1989 AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND METROPOLITAN WATER DISTRICT OR SALT LAKE CITY WHEREAS, Title 11, Chapter 13, U.C.A. , 1953, as amended, allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purposes; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1. It does hereby approve the attached agreement generally described as follows: An agreement whereby Metropolitan Water District will advance money required for Engineering to upgrade Parleys Water Treatment Plant to conform to seismic requirements and enable it to handle the water from Little Dell Dam. 2. Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is hereby authorized to execute said agreement on behalf of Salt Lake City Corporation and to act in accordance with its terms. Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: CITY RECORDER y R LM:rc INTERLOCAL AGREEMENT BETWEEN THE METROPOLITAN WATER DISTRICT OF SALT LAKE CITY AND SALT LAKE CITY CORPORATION FOR ENGINEER' S FEES FOR DESIGN OF EXPANSION OF THE PARLEY' S WATER TREATMENT PLANT This agreement entered into in Salt Lake City, Utah this day of March, 1989 , by and between the Metropolitan Water District of Salt Lake City, a Metropolitan Water District organized and existing under the laws of the State of Utah (hereinafter called "MWD" ) and Salt Lake City Corporation, a municipal corporation of the State of Utah (hereinafter called "SLC" ) . WITNESSETH WHEREAS , Sandy City, by its Resolution No . 88-40C, dated May 17 , 1988 , determined it to be in the best interest of Sandy City and its inhabitants to annex into and become a part of MWD and pursuant thereto Sandy City filed its application with the Board of Directors of MWD for consent to annex Sandy City into MWD; and WHEREAS, the Board of Directors of MWD by its Resolution No . 1633 , dated January 9 , 1989 , granted Sandy City ' s applica— tion and fixed the terms and conditions upon which Sandy City may be annexed to and become a part of MWD and transmitted to the governing body of Sandy City a copy of its Order granting Sandy City' s application containing the terms and conditions thereof; and WHEREAS , SLC is the owner of the Parley' s Water Treatment Plant (the "PWTP" ) , which is situated in Parley' s Canyon and utilized by SLC to treat the waters to which SLC is entitled from Parley ' s Creek, including the waters stored in Mountain Dell Reservoir ; and WHEREAS , on June 10 , 1986 , MWD entered into a Local Cooperation Agreement with the Department of the Army (Corps of Engineers) and Salt Lake County for the construction of the Little Dell Lake Reservoir , comprising a 20 , 500 acre-feet ( "AF" ) reservoir (the "Little Dell Project" ) , which is under construction and is scheduled for completion in the month of October 1991 , and when completed will develop an average of 7, 940 AF annually of municipal and industrial water; and WHEREAS, the enlargement of the PWTP and related facilities is necessary to provide additional capacity for the treatment and conveyance of additional waters to be developed for municipal and industrial use from the Little Dell Project for use by SLC and thereby effectively make capacity available in the Salt Lake Aqueduct and Little Cottonwood Water Treatment Plant to enable MWD to deliver municipal and industrial water to Sandy City for its use; and WHEREAS , pursuant to that certain contract between MWD and Horrocks & Carolla Engineers , entitled "Engineers Consulting Contract" dated February 7 , 1985 , a study and evaluation of the necessary enlargement of the PWTP was completed, and a report -2- was submitted to MWD entitled "Modifications at Parley' s Water Treatment Plant for the Treatment and Conveyance of Little Dell Project Water , " dated January 1986 ; and WHEREAS , SLC deemed it advisable to include within the Design Phase Contract , design services related to seismic upgrades which should be made by SLC to the PWTP to meet current seismic standards; and WHEREAS , the design phase professional engineering services related to the enlargement of the PWTP will be completed pursu- ant to that certain contract between MWD and Horrocks & Carolla Engineers, entitled "Engineering Agreement for Modifications and Expansion Parley ' s Water Treatment Plant-Design Phase, " dated March , 1989 ( "Design Phase Contract" ) at a total cost to MWD of $715 , 792 . 00 . NOW, THEREFORE, in consideration of the mutual benefits which will accrue to the parties hereto , the parties agree as follows : 1 . MWD shall provide the initial financing for and exe- cute that certain contract between MWD and Horrocks & Corolla Engineers , dated March , 1989 , ( "Design Phase Contract" ) to obtain professional engineering services necessary for the design phase of the enlargement of the PWTP at a total cost of $715 , 792 . 00 , of which $194 , 880 . 00 is allocated toward design of seismic upgrades at the PWTP . MWD shall make the payments to -3- Horrocks & Corolla Engineers as required by the Design Phase Contract . 2 . SLC shall pay to MWD that portion of the amounts expended by MWD pursuant to the Design Phase Contract covering the design of seismic upgrades at the PWTP in the sum of $194 , 880 . 00 , plus accumulated interest in an amount to be determined in accordance with paragraph 4 below. Payment may be in installments but shall be completed by SLC to MWD on or before June 30 , 1991 . 3 . SLC shall pay to MWD that portion of the amounts expended by MWD pursuant to the Design Phase Contract covering the enlargement of the PWTP in the sum of $520 , 912 . 00 , plus accumulated interest in an amount to be determined in accordance with paragraph 4 below. Such payment shall be made by SLC to MWD on or before June 30 , 1992 , unless prior thereto Sandy City is annexed to MWD . In such event , SLC shall be relieved of such payment and MWD shall obtain payment thereof from Sandy City, pursuant to an agreement to be entered into between SLC, MWD and Sandy City as required by Resolution No . 1633 of MWD . 4 . Accumulated interest shall be that amount which MWD would have otherwise received on its investment of the monies expended pursuant to this Agreement from the date of expendi- ture until repaid, and the rate of interest shall be the same as the rate of interest received by MWD under its Daily Repur- chase Agreement with Zions First National Bank , South Temple -4- Branch, Salt Lake City, Utah, as long as the same shall remain in effect , and thereafter at the average rate of interest received by MWD . 5 . It is acknowledged that in the event that Sandy City is annexed to MWD, Sandy City will finance the costs and expenses incurred by MWD under the Design Phase Contract covering the enlargement of the PWTP in the sum of $520 , 912 . 00 , plus accumulated interest in an amount to be determined in accordance with paragraph 4 above . In such event , any sums paid by SLC to MWD under the above paragraph 3 together with interest thereon at the same interest rate specified in paragraph 4 hereof , shall be reimbursed to SLC . 6 . Nothing contained in this Agreement shall be construed to create a debt contrary to Article XIV, Section 3 of the Utah Constitution. 7 . This Interlocal Agreement embodies the entire agree- ment between the parties hereto , and it cannot be altered except by written instrument signed by each of the parties hereto . -5- IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the day and year first above written . METROPOLITAN WATER DISTRICT OF SALT LAKE CITY ATTEST: By Secretary Its : Chairman SALT LAKE CITY CORPORATION ATTEST : By City Recorder Mayor -6- PALMER DEPAU LIS Std2 12 SEC'C' e alaY_:°4 MAYOR OFFICE OF THE MAYOR 324 SOUTH STATE STREET FIFTH FLOOR, SUITE 500 SALT LAKE CITY, UTAH 84111 535-7704 March 14, 1989 W. M. "Willie" Stoler, Council Chairperson and Members of the City Council 324 South State Street Salt Lake City, Utah 84111 Dear Willie: Under Sections 5.02.230 and 5.02.280 of the City Code, hearings to consider suspension, revocation, denial or approval of business licenses may be conducted by the Mayor or by hearing examiners appointed by the Mayor upon the advice and consent of the City Council . The City Attorney' s office has been requested by the City Licensing Division to assist in arranging for and conducting hearings. The City Attorney's office has found a need to have independent hearing examiners who are not employees of the City. Because of the quasi-judicial nature of these hearings and the need for some familiarity with administrative procedures and rules of evidence, members of the Utah State Bar with proper qualifications are best suited to handle this type of assignment. The City Attorney's office advertised in the Utah Bar Journal for volunteer attorneys who would be willing to serve in this capacity, without pay, as a public service. I have received the applications and am recommending the appointment of five individuals. They are: Janet I. Embry, Bruce Wycoff, Michael W. Crippen, Ariel L. Jepson and Richard F. Bojanowski . I am enclosing the resumes of each of these individuals. I have recommended five candidates because there is an advantage to having several hearing examiners appointed so that the hearings can be rotated through them without causing a great burden on any one particular hearing examiner. -2- If approved , these examiners will serve at the pleasure of the Mayor. I would appreciate your consideration of this matter. Sincerely, Mayor PAD/EC:lc Enclosures AO- ROGER F. CUTLER SAL (I Q C. TIy.��p }, �,D`e t.L.1 ASSISTANT ATTORNEYS CITY ATTORNEY •+•+ `� W`�`��`��1 RAY L. MONTGOMEHY STEVEN W. ALLRED LAW DEPARTMENT GREG R. HAWKINS DEPUTY CITY ATTORNEY LARRY V. SPENDLOVE 324 SOUTH STATE STREET, FIFTH FLOOR BRUCE R. BAIRD CHERYL D. LUKE SALT LAKE CITY, UTAH 84111 FRANK M. NAKAMURA CITY PROSECUTOR (801) 535-7788 ASSISTANT PROSECUTORS FAX (801) 535-7640 DONALD L. GEORGE CECELIA M. ESPENOZA RICHARD G. HAMP April 4, 1989 GLEN A. COOK Cindy Gust Jenson, Director Office of the City Council 324 South State Street, Third Floor Salt Lake City, Utah 84111 Re: Technical Amendments to SOB Dear Cindy: Accompanying this letter you will find an ordinance making certain minor technical corrections to the City' s Sexually Oriented Business Ordinance as suggested by the City Prosecutor' s Office. The first change clarifies a prohibition about sexually oriented business employees committing sex acts to avoid a potential problem caused by a recent ruling in a Provo case. The second change closes a technical contracting loophole concerning legitimate artistic modeling. The third change strengthens the City' s ability to take away out-dash call licenses based on out call employee activities off of the licensed premises. These changes should be made as soon as possible. If you or any member of the Council has any questions please call. Sincer 15R. Assistant City Attorney BRB:rc Enclosures - SALT LAKE CITY ORDINANCE No . of 1989 ( Technical amendments to Sexually Oriented Business ordinance Chapter 61 of Title 5 ) AN ORDINANCE MAKING CERTAIN TECHNICAL CHANGES TO THE SEXUALLY ORIENTED BUSINESS ORDINANCE OF CHAPTER 61 OF TITLE 5 OF THE SALE. LAKE CITY CODE. WHEREAS, the City Council believes it appropriate to make certain technical corrections to the Sexually Oriented Husiness Ordinance of Chaster 61 of Title 5 . NOW, THEREFORE, Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Section 5 . 61 . 210(J) be amended to read as follows 61. 2 10 RecTulations and unlawful activities_ * * ^ A. * * B. XY. C. * D. * * * E . is * F . * * * G. * * * H. * * * I . * * J. Allow, offer, commit or agree to any sex act as validly defined by city ordinances or state statute in the presence of any customer or patron. K. * L. a * SECTION 2 . That Section 5 . 61 . 085 he amended to read as follows : 5 . 6_ . 085 Legitimate artistic modeling. A. The city does not intend to unreasonably or improperly prohibit leuitimate modeling which may occur in a state of nudity for purposes protected by the First Amendment or similar state protections . The city does intend to prohibit prostitution anti relates offenses occurring under the guise of nude modeling. Notwithstanding the provisions of subsection K of Section 5 . 61 . 210, a licensed outcall employee may appear in a state of nudity before a customer or patron Providing that [ti ] a written contract f , " such appearance was entered into between the customer or patron and the employee and signed at lest twenty- four hours before the nude appearance. All of the other applicable provisions of this chapter shall still apply to such nude appearance. B . * * SECTION 3 . That Section 5 . 61 . 360(A) ( 7 ) be amended to read as follows : 5 . 61 .360 Violation - License suspension or revocation. A. * * 1 . * it I: 2 . * k 3 . * * * 4 . is * * 5 . * * 6 . * ;. 7 . On two or more occasions within a twelve-month period, a person or persons committed in or on, or solicited for on the licensed premises, or an outcali employee solicited or cor,.nitted on or off the premises, an offense which would he grounds for denial of a license for which a conviction has been obtained, and the person or persons were employees , whether or not licensed , of the sexually oriented business at the time the offenses were committed; 8 . * SECTION 4 . This ordinance shall take effect upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on . Mayor ' s Action: Approved Vetoed . MAYOR ATTEST: CITY RECORDER BRC : pp -3- Law Offices of CHAPMAN AND CUTLER a partnership including professional corporations •eodore S.Chapman 50 South Main Street, Salt Lake City, Utah 84144 (�� .wo North Central Avenue -1943 FAX(801)533-9595 Phoenix,Arizona 85004 my E.Cutler Telephone(801)533-0066 - (602)256-4060 1879-1959 • 44 Broad Street,N.W. Atlanta,Georgia 30303 (404)524-7590 Richard J.Scott April 6, 1989 111 West Monroe Street Chicago,Illinois 60603 (312)845-3000 Christine Richmon Administrative Assistant Salt Lake City Corporation 324 South State Street, 3rd Floor Salt Lake City, Utah 84111 Re: Salt Lake City, Salt Lake County, Utah, Airport Revenue Bonds (Parking Facilities Project), Series 1989 Dear Christine: In anticipation of next Tuesday's meeting of the Municipal Council, enclosed is the suggested form of proceedings relating to the authorization for the above-captioned • bonds. Enclosed in the proceedings are the Master Resolution No. 45 and the Supplemental Resolution No. 46. Per our conversation, the agenda for the meeting (which we understand will be posted in satisfaction of the Utah Open Meeting Law) will indicate that two resolutions will be considered for adoption in connection with the authorization of $30,520,000 of Salt Lake City, Salt Lake County, Utah, Airport Revenue Bonds, Series 1989. Please call if there are any questions or if anything else is needed in anticipation of next Tuesday's meeting. Very truly yours, CHAPMAN AND CUTLER By Richard J. Scott RJS/jgl Enclosures cc: Louis E. Miller (w/o enclosures) John Wheat (w/o enclosures) Roger F. Cutler, Esq. (w/o enclosures) APR 61989 Kathryn Marshall (w/o enclosures) HAND DELIVERED SALT LAKE CITY COUNCIL vAKe BOARD Don A. Mackey, Chairman PALMER IS, Mayor y Curtis E.Ackerlind,Jr. • J.Alan Blodgett • Eddie P.Mayne 1 1} LOUIS E. M Joseph Rosenblatt • Patrick A. Shea 73 Director of Airports Aline W. Skaggs • Elaine B.Weis • Thomas K.Welch AU January 27, 1989 W. M. Stoler, Chairman and the Salt Lake City Council Salt Lake City Council Office 324 South State, Third Floor Salt Lake City, Utah 84111 Dear Councilman Stoler & Council Members: Recommendation: • Adopt a resolution setting February 21, 1989 as the date for the public hearing regarding changes to the .inducement resolution approved by the Municipal Council on July 12, 1988 regarding the proposed financing of various airport improvements. Fiscal Impact: None • Discussion: In connection with the proposed issuance by Salt Lake City of its airport revenue bonds to finance the new airport parking facilities, the Municipal Council held a public hearing on July 12, 1988 in satisfaction of certain requirements of the internal Revenue Code of 1986. The notice of public hearing contemplated that not more than $30,000,000 of bonds would be • issued to finance parking and related facilities. Following the public hearing, the Municipal Council adopted an "inducement resolution" in satisfaction of certain other requirements of the federal tax laws. It now appears that a portion of the bond proceeds will be used to finance road improvements, including the 40th West relocation and the elevated crossbar roadway system. It is also likely that the proposed bond issue will exceed $30,000,000. Accordingly, the Airport Authority is requesting the Municipal Council to hold another public hearing to permit the financing of these roads and to. increase the maximum amount of bonds to be issued to $49,.u00,000. • Arrangements have been made for the. Municipal Council to • consider onfFebruary 7 the adoption of a resolution setting February 21 as the ' • date for the public hearing. Following the public hearing on February 21, an' amendment to the "Inducement Resolution" should be adopted to include the road ' facilities in the proposed financing. This procedure will satisfy applicable provisions of the federal tax laws so that tax-exempt bohds may be issued to . finance all of these facilities. Respec ully, Lis E. Miller Salt Lake City Airport Authority•AMF Box 22084, Salt Lake City, Utah 84122•(801)539-2400•Telefax: (801)539-6305