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08/14/1990 - Minutes • PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY UTAH TUESDAY, AUGUST 14, 1990 The City Council of Salt Lake City, Utah, met as the Committee of the Whole on Tuesday, August 14, 1990, at 5:00 p.m. in Room 325, City Council Office, City County Building, 451 South State Street. The Following Council Members were present: Ronald Whitehead Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Don Hale Nancy Pace Council Chair Hardman presided at the meeting. Councilmember Hardman called Ms. Gust-Jenson reviewed the the meeting to order at 5: 10 p.m. evening's agenda, noting inquiries received concerning the resolution for the Fellowship Hall. A citi- PUBLIC UTILITIES ADVISORY COMMIT- zen group had expressed an inter- TEE CANDIDATE INTERVIEW est in maintaining the property for a day center or day-care Elliot Christensen was inter- center for the homeless. She viewed to be considered for ap- indicated Ms. Sandra Hutchinson pointment to the Public Utilities would be present to address the Advisory Committee. Mr. Council on behalf of an organiza- Christensen said he was a Salt tion called HOPE. She said Lee Lake area native, and a graduate King, Capital Planning, would be of the University of Utah. He present during the meeting if said his area of expertise was in there was questions arose. land planning and land management and he had extensive contact and She said the updated ordinance dealings with the water companies. regarding the David Thomas alley He said he felt this experience vacation was a result of a useful, and was aware of the previous hearing and was presented commitment necessary to serve on with; the changes the Council had the committee. requested. EXECUTIVE DIRECTOR'S REPORT She said the CDBG item was to move monies already appropriated. Ms. Gust-Jenson said Janne Nielson, Administrative Assistant The meeting adjourned at 5:45 to the Council, would talk with p.m. the Council concerning the Utah League of Cities and Towns Annual Convention. Ms. Nielson distrib- uted copies of the conference brochure and explained the regis- tration inclusions. She asked the Council for their response con- cerning attendance prior to the end of the Council ' s meeting, so the Council could take advantage of the discounted registration fees. 90-281 • • PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY UTAH TUESDAY, AUGUST 14, 1990 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, August 14, 1990, at 6:00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State Street. The Following Council Members were present: Ronald Whitehead Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Don Hale Nancy Pace Mayor Palmer DePaulis, Roger Cutler, City Attorney, Kathryn Marshall, City Recorder, and Misty Jo Zemp, Recorder Clerk, were present. Council Chair Hardman presided at the meeting and Councilmember Pace conducted the meeting. OPENING CEREMONIES motion carried, all members voted aye. #1. Police Chaplain Gilbert Farnsworth gave the invocation. Max Peterson, City Engineer, said the engineering division was #2. The Council led the Pledge appreciative of Mountain Fuel for of Allegiance. the mapping system. #3. Councilmember Godfrey Mr. Zobell and Mr. Jibson, moved and Councilmember Whitehead said they appreciated the seconded to approve•the minutes of cooperation that the City had the Salt Lake City Council for the given them in making this regular meetings held Tuesday, presentation possible. They August 7, 1990, and Thursday thanked Max Peterson and the August 9, 1990, which motion car- engineering division staff. ried, all members voted aye. (R 90-1) (M 90-1) #5. The Mayor and Council #4. The Mayor and Council presented A resolution of recogni- presented A resolution of appreci- tion to Mrs. Bernice Cook. ation to Mountain Fuel Supply Councilmember Horrocks read the Company. Randy Zobell, Manager of resolution in recognition of Salt Lake North Center, and Ron Bernince Cook for the significant Jibson, Salt Lake North Center and important contributions she Engineer, accepted the resolution had made to Salt Lake City, its for Mountain Fuel. Councilmember boards, and neighborhood organiza- Hale read the resolution, recog- tions over the years. nizing Mountain Fuel for the creation of a computer based Councilmember Godfrey moved Geographic Information System, and and Councilmember Kirk seconded the development of a state wide to adopt Resolution 90 1990, which Computer Mapping System. motion carried, all members voted aye. Councilmember Godfrey moved and Councilmember Kirk seconded Councilmember Horrocks pre- to adopt Resolution 89 1990, which sented Mrs. Cook with a plaque 90-282 i PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY UTAH TUESDAY, AUGUST 14, 1990 and thanked her for her involve- should be built on the property, ment with the City. and said the residents of (R 90-1) Richards Street would like to keep it a residential area. COMMENTS Ms. Hutchinson said she felt #1. Sandra Hutchinson, Home- the ideas planned for the homeless less Foundation and Homeless children would not affect the Children Foundation, said she had residents of Richards Street. received an updated CDBG announcement regarding the sale of Councilmember Horrocks said he the Fellowship Foundation Building had been working with the problems to a private non profit of this building and its occupan- corporation that wanted to build a cy for over two years. He said he single family home for a low to felt Richards Street was not the middle income family. She said place to put a building for the if the Council would consider more homeless children. He said he options, the building could be felt there was a need to find used for several low to middle another location for the homeless, income families. She said she and he would do whatever was would like to see the agreement possible to find another building. signed for the funding for the Fellowship Building. Ms. Hutchinson requested help from the City Council to find Councilmember Pace asked Ms. another location for the homeless Hutchinson if she had met with the building. Councilmember Godfrey neighbors of Richards Street, and asked the Mayor if it was if she had presented them with a possible to find another location proposal. • and facility for the homeless children. Ms. Hutchinson said she had not met with the residents of Mayor DePaulis said he would Richards Street due to a lack of be glad to find another location communication with the City on and building for the Homeless getting notices in a timely man- Foundation. He said he would like ner. She said she would talk to to meet with the Homeless the residents of Richards Street Foundation and discuss the to see how they felt about having situation. He said he felt a building for the homeless in the Richards Street was not the proper area. location. Councilmember Whitehead said Councilmember Pace said the Richards Street was predominantly Council was not trying to housing, and a home should be discourage what The Homeless built on the property in place of Foundation was doing, they just the building. He said he felt the did not agree Richards Street was residents of Richards Street would the proper location. agree. Terry Anderson, Co-Chairman of Councilmember Godfrey, said he the Fellowship Foundation, said he was concerned with the traffic was in favor of the homeless problems on Richards Street project. He said he agreed with because it was a residential closing the Fellowship Building. street. He said he felt a home 90-283 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY UTAH TUESDAY, AUGUST 14, 1990 CONSENT AGENDA #6. RE: Setting a date to hold a non advertised hearing on Councilmember Godfrey moved September 4, 1990, at 6:40 p.m. to and Councilmember Horrocks second- receive public comment and ed to approve the consent agenda, consider adopting an ordinance which motion carried, all members vacating Gordon Place between Main voted aye. and State Streets, pursuant to Petition #400-612-88, subject to #1. RE: Adopting Resolution certain conditions. 86 of 1990 authorizing the execu- (P 90-283) tion of an interlocal cooperation agreement between Salt Lake City #7. RE: Setting a date to and Sandy City Corporation to hold a hearing on September 18, clarify responsibilities for 1990, at 6:20 p.m. to receive construction, payments, and re- public comment and consider adopt- views of the Parley's Water Treat- ing an ordinance adopting the East ment Plant. Downtown Master Plan. (C 89-670) (T 90-25) #2. RE: Adopting Ordinance #8. RE: Approving the ap- 70 of 1990 granting right to pointment of Elliot Christensen to construct and operate a cable to the Public Utilities Advisory MCI Telecommunications Corporation Committee. (0 90-36) (I 90-1) #3. RE: Adopting Ordinance UNFINISHED COUNCIL BUSINESS 71 of 1990 amending Title 12, Chapter 44, Section 220 of the #1. RE: Consider adopting an Salt Lake City Code, relating to updated ordinance vacating a approaching emergency vehicle-- portion of an east-west alley vehicle and pedestrian duties. between K and L Streets, and llth (0 90-38) and 12th Avenues pursuant to Petition 400-764-89 #4. RE: Adopting Resolution 87 of 1990 authorizing the execu- ACTION: Councilmember Kirk tion of an interlocal cooperation moved and Councilmember Whitehead agreement between Salt Lake City seconded to adopt Ordinance 72 of Corporation and Salt Lake County 1990, which motion carried, all to purchase the Fellowship Founda- members voted aye. tion Building at 1380 Richards (P 90-85) Street. (C 90-442) #2. RE: Consider adopting a motion to set a date to hold a #5. RE: Adopting Resolu- hearing on September 4, 1990, at tion 88 of 1990 authorizing the 6:00 p.m. to receive public com- execution of an interlocal cooper- ment concerning $2,000,000 in ation agreement between Salt Lake Industrial Revenue Bonds for City Corporation, and the Utah capital expansion of Western Department Of Transportation to Fiberglass within the Salt Lake make improvements to the park and City Limits. ride lot at 10th North and I-15, and for the transfer of title and ACTION: Councilmember Godfrey maintenance to the City. moved and Councilmember Hale (C 90-440) seconded to set the date to hold 90-284 411 • PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY UTAH TUESDAY, AUGUST 14, 1990 the hearing, which motion carried, Warner and Mr. Dale Casady. When all members voted aye. completed all the frontage (Q 90-6) property on Jefferson Street would be owned by Warner Enterprise. He #3. RE: Consider adopting a said there was one parcel of land motion approving amendments to the not presently owned by Bart Warner Community Development Block Grant and he had proposed to do a land Program. exchange that would be beneficial to both property owners. ACTION: Councilmember Godfrey moved and Councilmember Horrocks Mr. Wright said the Planning seconded to adopt the motion, Commission had this item on their which motion carried, all members agenda August 2, 1990, and voted aye, except Councilmember recommended that the Council close Hardman who voted nay. this portion of Jefferson Street (T 90-24) and sell the property at fair market value. He said the planning PUBLIC HEARINGS staff recommended payment be made in the form of cash or a capital #1. RE: A hearing at 6:20 improvement located in Block 14 p.m. to receive public comment and or 15. The staff and the consider adopting an ordinance Commission found this to be closing a portion of Jefferson consistent with the planning Street between 700 and 800 South. policies contained in the Master Plan and specifically the West ACTION: Councilmember Godfrey Temple Gateway Redevelopment Plan, moved and Councilmember Hardman which was adopted by the seconded to close the public Redevelopment Board of Directors hearing, which motion carried, all and the City Planning Commission. members voted aye. Developments in this portion of Jefferson Street would solve some Councilmember Godfrey moved interior land use problems. He and Councilmember Horrocks said the Planning Commission and seconded to adopt Ordinance 73 of the planning staff recommended 1990, which motion carried, all that the Council adopt the members voted aye. ordinance, with a provision that the land trade agreement be DISCUSSION: Bill Wright, finalized prior to the ordinance Planning and Zoning Department, being enacted. said the petition submitted by Bart Warner, president of Rick Councilmember Hardman asked if Warner Ford, requested the City to it was normal to involve the city close and sell a portion of property manger in the appraisal Jefferson Street, approximately process in the sale of property. 2,800 square feet located in the interior portion of the block Mr. Wright said the city had a between 700 and 800 South and West policy regarding the sale of Temple and 200 West Street. He property whether it was a street, said these properties were alley, or parcel of land that the presently owned by Warner City owned. Two appraisals were Enterprise, with one exception. He received under contract by the said three other homes on the city to determine the value of the corner of 2nd West were being property. He said many times the proposed in a trade between Bart party purchasing the property 90-285 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY UTAH TUESDAY, AUGUST 14, 3.990 would have other appraisals done Doctor Steve Lacey, 820 to compare with the appraisals Jefferson, asked what Rick Warner from the City. He said the City's would do with their old property. Real Property Manager would then He said he was in favor of seeing give a recommendation to the the property improved. Purchasing Agent and Mayor. Mr. Warner said the old Bart Warner, petitioner, said dealership had been sold and was he purchased the Ford dealership no longer under their control. from his family. He said he also Councilmember Godfrey asked Mr. bought additional property which Warner if he knew who the new the previous owner did not want. owner was. Mr. Warner said the He said he wanted to clean up the new property owner was Earl block, and make the property Holding. usable. Maria Lorman, 766 Jefferson, Bernice Cook, People Freeway said in order for her family to Community Council, asked if the buy another home they were going City had title insurance, and if to need a fair trade for the the title insurance was checked property. before the sale of the property. Councilmember Pace said this Bill Wright said the portion was a separate issue and Mrs. on the south was an extension of Lorman would have to discuss the the facility, and would be situation with Mr. Warner. incorporated into his dealership. Councilmember Pace said title Doctor Lacey asked if Mr. insurance did not apply to the Warner was going to leave a big situation. mound of dirt on the road during construction. Plato Kannel, owner of Kannel ' s Furniture, said he was Councilmember Pace said she still an owner of the property. He could not address the issue. It had no objection and said he was was an enforcement issue and glad they were improving the area. Doctor Lacey should address this issue if it occurred. Jim Gains, 768 Jefferson (P 90-282) Street, owner of a house at 154 West 800 South, asked why Rick The meeting adjourned at 7:05 Warner didn't purchase the two p.m. remaining homes at 768 Jefferson Street and 766 Jefferson Street. OLOAA 140t,dA^- Councilmember Pace said this COUNCI , CHAIR was a separate issue and he should negotiate this with Mr. Warner at another time. C R ER Marion Willy, 237 West Montros, supported improvements in the area and said he was in favor of the ordinance. 90-286 AGENDA JOINT MEETING PLANNING COMMISSION, CITY COUNCIL, REDEVELOPMENT AGENCY, AND BOARD OF ADJUSTMENT AUGUST 16, 1990 - 5:00 P. M. CITY COUNCIL CHAMBERS (ROOM 315) 5:00 P.M. Welcome/Introductions LaVone Liddle-Gairunonal 5:15 P.M. Vested Property Rights . Clarification on the Scherbal Case How legally binding are Master Plans? Roger Cutler 6:00 P.M. Roles of Each Commission/Board/Council Chairpersons 6:30 P.M. Dinner Break 7:00 P.M. Master Plans . Purpose/Process Allen Johnson . List of current plans and status of each 7:30 P.M. Future issues To RP Discussed LaVone Liddle-Ganmlonal MIKE ZUHL SALT°LAKE GITY' CORPORA IC.N LEE KING INTERIM DIRECTOR DEPUTY DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 418 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 To: Salt Lake City Council August 6, 1990 RE: East Downtown Master Plan Recommendation: That the City Council hold a public hearing on September 18, 1990 to discuss adopting the East Downtown Master Plan. A briefing has been scheduled for the Committee of the Whole meeting on September 6, 1990. Availability of Funds: Not applicable Discussion and Background: The East Downtown Neighborhood is within the Central Community area of Salt Lake City. It is located between South Temple and 600 South and 200 East and 700 East Street. The East Downtown Master. Plan has been subject to extensive public and planning commission reviews. The Planning Commission has approved the Plan with the following conditions: 1) That the City Council keep in mind the Planning Commission is currently reviewing a Petition for a proposed 600 East historic district in this area. 2) That the City Council consider various funding mechanisms which can start the implementation process of this Plan. The Planning Staff has highlighted three major concepts East Downtown Master Plan and they are as follows: 1)the development of "mixed use" areas to be accomplished through specific mixed use zones; 2) the plan identified special view corridors to preserve the views and the character of significant buildings and sites (the Cathedral of the Madeleine, South Temple Street, the City-County Building and Trolley Square) ; and 3) the Plan makes a strong policy statement calling for the removal of offices as a Conditional Use in the "R-7" Residential District. Legislative Action: The City Attorney's Office has prepared the necessary ordinance and it is ready for your action. Submitted by: ALL._ MICHAEL B. Interim Director SALT LAKE CITY ORDINANCE No. of 1990 (Adopting the East Downtown Master Plan) AN ORDINANCE PURSUANT TO SECTION 10-9-21 , UTAH CODE ANNOTI_1ED, 1953 ADOPTING THE EAST DOWNTOWN MASTER PLAN. WHEREAS , the City Council of Salt Lake City, Utah, has held public hearings before its own body and before the Planning Commission and received input from the affected community councils and others and believes it appropriate to adopt the East Downtown Master Plan. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah : SECTION 1 . That the East Downtown Master Plan recommended for adoption by the Salt Lake City Planning Commission on April 19 , 1990 is hereby adopted pursuant to Section 10-9-21 , Utah Code Annotated, 1953 as amended. The City Recorder is hereby directed to retain a certified copy of the East Downtown Master Plan which is hereby incorporated by reference. SECTION 2 . This Ordinance shall take effect upon its first publication . Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . CHAIRPERSON r � C L'.: ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s Action: Approved Vetoed MAYOR ATTEST: CITY RECORDER BRB:cc -2- ALLEN C. JOHNSON, AICP SA•L E° �, c �. GITY�CD, GYRATION PALMER DEPAULIS PLANNING DIRECTOR MAYOR COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DIVISION 451 SOUTH STATE STREET ROOM 406, CITY AND COUNTY BUILDING SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7757 July 19. 1990 Mr. Michael Zuhl, Director Community and Economic Development Room 218, City-County Building Salt Lake City, Utah 84111 Re: East Downtown Master Plan Dear Mike, Please find accompanying 15 copies of the East Downtown Master Plan. This Plan is the product of efforts, over the last 18 months, by the Planning Commission, Planning Staff and a number of civic and citizen groups. The East Downtown Master Plan has also been subjected to extensive public and Planning Commission review and at their April 19, 1990 meeting the Planning Commission adopted, and moved to transmit this Plan to the City Council. This motion was made with two (2) conditions : 1) That the City Council keep in mind the Planning Commission is currently reviewing the Petition for the proposed historic district in this area, and 2) That the City Council consider various funding mechanisms which can start the implementation process of this Plan. Therefore, it is now appropriate that the East Downtown Master Plan be transmitted to the City Council for a public hearing and their consideration. Several items or concepts of the East Downtown Master Plan are worthy of special mention . Firstly, the East Downtown Master Plan calls for the development of "mixed use" areas to be accomplished through specific mixed use zones. Secondly, this Plan identifies special view corridors to preserve the views to, and character of, significant buildings and sites ( the Cathedral of the Madeleine, South Temple Street , the City-County Building and Trolley Square) . And thirdly, the East Downtown Master makes a strong policy statement calling for the removal of offices as a Conditional Use in the R-7 Residential District . Page Two East Downtown Master Plan 7/19/90 Respectfully, Allen Johns , AICP Planning ' ector Enclosur ACJ:bp { OFFICE OF THE CITY COUNCIL CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, ROOM 304 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7600 TENTATIVE AGENDA Posted: SALT LAKE CITY COUNCIL COMMITTEE OF THE WHOLE MEETING DATE: Tuesday, August 14, 1990 TIME: 6: 30 p.m. or immediately following the City Council meeting PLACE: City Council Conference Room City & County Building, Room 325 451 South State Street Salt Lake City, Utah 1 ) The Council will consider adopting a motion to enter into Executive Session, to receive a briefing from the City Attorney relating to potential litigation, pursuant to and consistent with Section 52-4-5. 1.b of the Utah Open Meetings Act. 2) The Council will receive a briefing from the Housing Development Corporation concerning their quarterly report. cc: Mayor Palmer DePaulis, Mike Zuhl, Emilie Charles, Roger Cutler, Kathryn Marshall, Department Heads, Press I SALT LAKE�CEI�TYA COUNCIL ,,/, Z(4(')AYRo -^'L . _ Z. 14-P. @ t-P-Cli Crkiiiti) (611/) . VNI(51V 11°p \'', .)`.>/ TOtri 01) CITY COUNCILHAI°BER\or ROOM EilIZO ( S CITY AND COUNTY BUILDING (� 3 chi \\\if .lc 451 SOUTH STATE STREET \✓✓ 0 ' br Tuesday, August 14, 1990 6:00 p.m. BRIEFING SESSION: 5:00 - 5:55 p.m. , Room 325 City and County Building, 451 South State \CZir\ly. . Report of the Executive Director. . The Council will interview Elliott Christensen prior to consideration of his appointment to the Public Utility Advisory3 1 Committee. 1p °eAr- - Mro` L`?�- yrIB. OPENING CEREMONIES: ` � ab�` kj0 1. Invocation. 3 SL 2. Pledge of Allegiance. , �l�uhr 3. Approval of the minutes. l�,�v"'. �(�4. The Council and Mayor will present a resolution of appreciation to—. (1" _' 1 Mountain Fuel- Supply Company. -I1'Y,k Pe oh- Ea I n Per II'1 5. The Council and Mayor will present a resolution of r cognitiorft.o Mrs. Bernice Cook\ - Wall n-eW6 C. COMMENTS_ 1/`)f, , ,A . 1. Questions to the Mayor from the City Council. 2. Citizen Comments to the Council. D. CONSENT: Resolution: Interlocal Agreement / Parley's Plant Expansion Consider adopting a resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City Corporation, Metropolitan Water District of Salt Lake City and Sandy City Corporation to clarify responsibilities for construction, payments and reviews of the Parley's Water Treatment Plant. Jl U.J 4 s it V (C 89-670) Staff recommendation: Ado t 7\0- LV\611 I SV‘j iD P(zr- lt 2. Ordinance: MCI Telecommunications C 11\1 0)l1 aia l li CO T A, 01 . Consider adopting an ordinance granting the right to construct and operate a cable to MCI Telecommunications Corporation. (0 90-36) Staff recommendation: Adopt. 3. Ordinance: Emergency Vehicle and Pedestrian Duties Consider adopting an ordinance amending Title 12, Chapter 44, Section 220 of the Salt Lake City Code, relating to approaching emergency vehicle--vehicle and pedestrian duties. (0 90-38) Staff recommendation: Adopt. (4.) Resolution: Interlocal Agreement / Building Purchase \� Consider adopting a resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt. Lake City and Salt Lake County to purchase the Fellowship Foundation Building at 1380 Richards Street. c�(i (' n ,I r� 4-� -4 lnSp�'i , ,�i5tl.PQ fi (C 90-442) V � �'-� 17) SPP-� la C .-Cr 4-- C 01,2 " Staff recommendation: Adopt. I ,,w1_ I„� 6Vtqcave Care/ 5. Resolution: Interlocal Agreement / UDOT Consider adopting a resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City Corporation and the Utah Department of Transportation to make improvements to the park and ride lot at 10th North and I-15, and for the transfer of title and maintenance to the City. (C 90-440) V 422, Staff recommendation: Adopt. _en n .1 C < An (i u o 0..,-- 6. Street Vacation Petition #400-612-88 �1 Set date to hold a hearing on September 4, 1990 at 6:40 p.m. to Q,� � receive public comment and consider adopting an ordinance vacating �, Gordon Place between Main and State Streets, pursuant to Petition\\:_ k\f\( , � "" .400-612-88, subject to certain conditions ` , Gi;s-Y/ NCLUI \ --V*-9 Staff recommendation: Set date. 7. Ordinance: East Downtown Master Plan Set date to hold a hearing on September 18, 1990 at 6: 20 p.m. to receive public comment and consider adopting an ordinance adopting the East Downtown Master Plan. (T 90-25) Staff recommendation: Set date. 8. Board Appointment The Council will consider approving the Appointment of Elliott Christensen to the Public Utilities Advisory Committee. (I 90-1) Staff recommendation: Approve. E. NEW BUSINESS: F. UNFINISHED BUSINESS 1. Alley Vacation Petition # 400-764 / David Thomas Consider adopting an updated ordinance vacating a portion of an East-West alley between K and L Streets, and lath and 12th Avenues pursuant to Petition #400-764-89. oc \; (P 90-85) c ' AP uskr Staff recommendation: Adopt. �Q 2. Western Fiberglass I.R.B. Consider adopting a motion to set the date to hold a hearing on September 4, 1990 at 6:00 p.m. to receive public comment concerning $2,000, 000 in Industrial Development Revenue Bonds for capital expansion of Western Fiberglass within the Salt Lake City limits. (Q 90-6) Stiff recommendation: Adopt motion. 3. Motion: Community Development Block Grant Program Amendments Consider adopting a motion approving amendments to the Community *L. Development Block Grant Program. f`1) (T 90-24) �\ `1 �`Staff recommendation: Adopt. � n}• 0( 4-4YrZ G. PUBLIC HEARINGS: 6:20 p.m. 1. Ordinance: Street Closure Petition #400-823-90 / Warner Ford Receive public comment and consider adopting an ordinance closing a portion of Jefferson Street between 700 and 800 South. (P 90-282) Staff recommendation: Close hearing and adopt. H. ADJOURNMENT. — — ** FINAL ACTION MAY BE 'TAKEN AID/OR ORDINANCES ADOPTED CONCERNING ANY ITEM ON THIS AGENDA. DATED: August 10, 1990 BY: - - - - - — CHIEF DEPUT CITY RECORDER STATE OF UTAH ) COUNTY OF SALT LAKE ) ss. On the 10th day of August, 1990 I personally delivered a copy of the foregoing notice to the Mayor and City Council and posted copies of the same in conspicuous view, at the following times and locations within the City and County Building, 451 South State Street, Salt Lake City, Utah: 1. At 5: 00 p.m. in the City Recorder's Office, Room 415; and 2. At 5:00 p. m. in the Newsroom, Room 343. CHIEF DUTY CITY RECORDER Subs bed and sworn to before me this 10th day of August, 1990. )44% ,‘ . . Notar P residing in the State of 1Jt __ r p., j :1 isrmkr, Gi s: O ' '•. 151$a Hma 15 � Belt l,eka City Utah 841J2 1 eiYI Common Expires 11 Q August 1, 1 n St of ULt , APPROVAL: (7 q.,,,,,/ i'l, ei,,,, EXECUT VE DIREC R PROCEEDINGS ur' THE CITY COUNCIL OF SALT ..AKE CITY UTAH TUESDAY, AUGUST 7, 1990 The City Council of Salt Lake City, Utah, met as the Committee of the Whole, Tuesday, August 7, 1990, at 5:00 p.m. in Room 325, City Council Office, City County Building, 451 South State Street. The following council Members were present: Ronald Whitehead Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Don Hale Nancy Pace Council Chair Hardman presided at the meeting. Councilmember Hardman called Mr. Miller said the Airport the meeting to order at 5: 10 p.m. Authority would in essence take over the Tooele Valley Airport. TOOELE VALLEY AIRPORT/MEMORANDUM He said the agreement would be for OF UNDERSTANDING a period of 25 years, with a provision to extend for an addi- Louis Miller, Airport Direc- tional 25 years, and would include tor, and Russell Pack, Airport a provision for dissolving the Property Manager, were present to agreement within 5 years, should provide a briefing to the Council either entity wish to disengage concerning a proposed memorandum the agreement. of understanding between Salt Lake International Airport and Tooele He said that the capital Valley Airport. The proposal was investment would be minimal at for the Salt Lake Airport Authori- Tooele Airport, since most of the ty to manage the -Tooele Valley costs to purchase required new Airport, and included a provision equipment would be covered with for the Airport Authority to federal monies. He indicated that reimburse Tooele County in the the Tooele County Commissioners amount of $18, 750 to allow the had already signed the agreement. fixed base operator to assist with the maintenance and operation of Councilmember Whitehead the Tooele Valley Airport. confirmed with Mr. Miller that Salt Lake City would be held Mr. Miller said this agree- harmless from liability under the ment was being pursued due to agreement. airspace congestion around the Salt Lake Airport, since certain REPORT OF THE EXECUTIVE DIRECTOR training would take place at the Tooele airport, freeing airspace Executive Director Cindy around the Salt Lake airport. He Gust-Jenson formally introduced further indicated that improve- Bruce Eggleston to the Council. ments would be made to Tooele She indicated that Mr. Eggleston airport as a part of the agree- would be the Community Development ment, such as extending the run- Coordinator, and that he would be way, which would further reduce meeting with each of them in the the congestion at the Salt Lake next few weeks to learn more about airport by making the Tooele their districts and any special airport available to slightly issues which were currently being larger aircraft. addressed. She asked that any land-use projects be requested 90-269 PROCEEDINGS Cyr' THE CITY COUNCIL OF SALT i,AKE CITY, UTAH TUESDAY, AUGUST 7, 1990 through her until Mr. Eggleston had been allowed to become accus- She distributed a copy of the tomed to the new office and his Council ' s upcoming schedule for duties. the next few months, and asked them to review it. She noted 1 ) Concerning the night ' s agen- the tax hearing on August 9, 2 ) da, Ms. Gust-Jenson said the the Planning/Council retreat on Mountain Fuel resolution needed to August 16, and 3) the Roundtable be pulled and would be resched- meeting on August 16. She re- uled, since representatives from quested that items to be placed on Mountain Fuel were not able to the agenda be submitted to her by attend tonight' s meeting. August 13. Regarding items D-1 and D-2, Ms. Gust-Jenson said that the staff recommendations were Emilie Charles in the Mayor' s omitted from the agenda and should Office had contacted her to re- read "approve" . She indicated quest any recommendations that the that the Recorder' s Office would Council might have for the Histor- be notified of the oversight. ical Landmark Committee, and also for the Salt Lake Tomorrow Pro- Concerning item F-1, she said gram. the general fund transfer from contingency was to accommodate the The meeting adjourned at terms of the labor agreements. 5:45 p.m. She said that item G-2 was the hearing on the housing policy, and that the staff recommendation was for the Council to adopt the policy in concept. She indicated that the policy would be going to the printer soon, and if the Council had any major concerns about the policy, it would not be sent until those concerns were resolved. Concerning the hearing for the oil and fuel royalties, she said the first ten words on the agenda were printed in error and should be disregarded. She also said the hearing for Western Fiberglass had been cancelled. ANNOUNCEMENTS Ms. Gust-Jenson reminded the Council about Employee Apprecia- tion Day, which was scheduled for Wednesday, August 8 at Raging Waters, and indicated servers were still needed if the Council wished to help serve food. 90-270 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 7, 1990 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, August 7, 1990, at 6:00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State Street. The following council Members were present: Ronald Whitehead Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Don Hale Nancy Pace Mayor Palmer DePaulis, Roger Cutler, City Attorney, Kathryn Marshall, City Recorder, and S. R. Kivett, Deputy Recorder, were present. Council Chair Hardman presided at the meeting and Councilmember Pace conducted the meeting. OPENING CEREMONIES become known as the 13th South river rock. He said he began #1. Reverend Phillip Earl putting rocks there in 1971 after Park of the Church of Scientology, the building was hit by a truck. gave the invocation. He said he did that for the pro- tection of the property, since #2. The Council led the there were gas meters in front of Pledge of Allegiance. the building. Councilmember Pace said this seemed to be a matter #3. Councilmember Godfrey for the Board of Adjustment, as moved and Councilmember Hardman the City Council could not deal seconded to approve the minutes of with this kind of an issue at this the Salt Lake City Council for the point. She asked if he had talked regular meeting held Tuesday, July with anyone about the problem. 17, 1990, after correction to page Mr. Plesha said he was approached 251 third paragraph second line by an individual and was told that third word "City" should read he was in violation. "State" , which motion carried, all Councilmember Pace suggested that members voted aye. Mr. Plesha talk with Roger Evans (M 90-1) of the Planning department. #4. A resolution of appreci- CONSENT AGENDA ation to Mountain Fuel Supply Company. This item was pulled. Councilmember Godfrey moved and Councilmember Horrocks second- COMMENTS ed to approve the consent agenda, which motion carried, all members #1. Ralphiel Plesha, 1048 voted aye. California Avenue, said he had - been informed by an individual #1. RE: Approving the from Planning and Zoning that the appointment of Jeffrey L. Gabardi rocks which he placed in the park to the Housing Advisory and Ap- area of his business location at peals Board. 1324 & 1328 South State Street (I 90-6) were in violation of city ordi- nance. One of the rocks had 90-271 PROCEEDINGS Cyr THE CITY COUNCIL OF SALT ,_..AKE CITY, UTAH TUESDAY, AUGUST 7, 1990 #2. RE: Approving the Temple from a "C-1" to a "C-3" appointment of Rex W. Olsen to the classification, pursuant to Peti- Housing Advisory and Appeals tion #400-797-90. Board. (P 90-247) (I 90-6) #8. RE: Setting a date to #3. RE: Adopting Resolution hold a hearing on September 4, 81 of 1990 authorizing the execu- 1990, at 6:30 p.m. to receive tion of a memorandum of under- public comment and consider adopt- standing between Salt Lake City ing an ordinance amending Section and Tooele County relating to the 21.38.O6O.B, by adding a new Tooele Valley Airport. Subsection 8, dealing with non- (C 90-421 ) profit tutorial educational facil- ities, pursuant to Petition 400- #4. RE: Adopting Resolution 777-90. 82 of 1990 authorizing the execu- (P 90-249) tion of an interlocal cooperation agreement between Salt Lake City #9. RE: Setting a date to Corporation and the United States hold a hearing on September 11, Department of Agriculture Forest 1990, at 6:20 p.m. to receive Service to allow cooperative use public comment and consider adopt- of radio frequencies. ing an ordinance vacating a por- (C 90-420) tion of an alley between Sherman and Harrison Streets, between 800 #5. RE: Adopting Resolu- East and 870 East, pursuant to tion 83 of 1990 authorizing the petition 400-796-90. approval of an interlocal memoran- (P 90-248) dum of understanding among Salt Lake City Corporation, Wasatch #10. RE: Setting a date to Cache National Forest, Salt Lake hold a non-advertised hearing on County, the Town of Alta, Salt August 14, 1990, at 6:20 p.m. to Lake City County Health Department receive public comment and consid- and the State of Utah concerning er adopting an ordinance closing a the creation of a committee to portion of Jefferson Street be- coordinate Wasatch Front Canyon tween 700 and 800 South. issues and the development of (P 90-282) proposals. (C 90-419 ) NEW COUNCIL BUSINESS #6. RE: Adopting Resolution #1. RE: Adopt an ordinance 84 of 1990 authorizing the execu- granting the right to construct to tion of an interlocal cooperation MCI Telecommunications Corpora- agreement between Salt Lake City tion. Corporation and Salt Lake County providing for law enforcement ACTION: Without objection services in Wasatch Canyons. Councilmember Pace referred this (C 87-448) item to the consent agenda. (0 90-36) #7. RE: Setting a date to hold a hearing on September 4, #2. RE: Set date to hold a 1990, at 6: 20 p.m. to receive hearing on September 4, 1990, at public comment and consider adopt- 6:50 p.m. to receive public com- ing an ordinance rezoning the ment and consider adopting an property located at 917 South West ordinance enacting Section 90-272 PROCEEDINGS Ur THE CITY COUNCIL OF SALT i.AKE CITY, UTAH TUESDAY, AUGUST 7, 1990 16 . 12. 155 of the Salt Lake City UNFINISHED COUNCIL BUSINESS Code relating to apron use fees. #1. RE: Consider adopting a ACTION: Councilmember Godfrey resolution approving the transfer moved and Councilmember Horrocks of unencumbered and unexpended seconded to set the date for appropriation of monies in the September 4, 1990, at 6:50 p.m. , non-departmental contingency which motion carried, all members account of the general fund to voted aye. departments within the general (0 90-37) fund for the purpose of reflecting final personnel services amounts. #3. RE: Consider adopting an ordinance amending Title 12, ACTION: Councilmember Godfrey Chapter 44, Section 220 of the moved and Councilmember Hale Salt Lake City Code, relating to seconded to adopt Resolution 85 approaching emergency vehicle-- of 1990, which motion carried, all vehicle and pedestrian duties. members voted aye. (B 90-3) ACTION: Without objection Councilmember Pace referred this PUBLIC HEARINGS item to the consent agenda. (0 90-38) #1. RE: A Hearing at 6:00 p.m. to receive public comment #4. RE: Consider approving regarding $2,000,000.00 in Indus- the appointment of Elliott trial Development Revenue Bonds Christensen to the Public Utili- for capital expansion of Western ties Advisory Committee. Fiberglass within the Salt Lake City limits. ACTION: Without objection Councilmember Pace referred this ACTION: The hearing was item to the Committee of the cancelled by the bond counsel. Whole. Q 90-6) (I 90-1 ) #2. RE: A hearing at 6:20 #5. RE: Consider approving p.m. to receive public comment and the appointment of Colleen consider adopting a resolution Hardwick to the Urban Forestry endorsing the Salt Lake City Board. Housing Policy. ACTION: Without objection ACTION: Councilmember Godfrey Councilmember Pace referred this moved and Councilmember Whitehead item to the Committee of the seconded to close the public Whole. hearing, which motion carried, all (I 90-15 ) members voted aye. #6. RE: Consider approving Councilmember Godfrey moved the appointment of Sue Vogel to and Councilmember Hardman seconded the Central Business Improvement to support the housing policy in District. concept subject to the following: A. That the residential code ACTION: Without objection development and inspection stan- Councilmember Pace referred this dardization be elevated to a top item to the Committee of the priority and B. That the adminis- Whole. tration provide to the Council (I 90-12) 90-273 PROCEEDINGS ur THE CITY COUNCIL OF SALT ,.,E1KE CITY, UTAH TUESDAY, AUGUST 7, 1990 information on the possibility of Policy. In addition, Ms. Harvey expanding the Grants for Home said that it would take a tremen- Buyers Program to include a wider dous united effort on everyone' s spectrum of home buyers; and a part to have this document work. date certain of October 16, 1990, Ms. Dorman said there was a need for final consideration and adop- to look at the benefits offered to tion of the resolution endorsing those families at the bottom of the housing policy, which motion the income level; those below carried, all members voted aye. $18, 000 per year income with a family of four. Ms. Brown said DISCUSSION: Laura Landikusic, she was a renter in Salt Lake City Building and Housing Department, and a landlord on her home in said that development of the plan Idaho and was aware of the prob- began with a housing conference lems on both sides. Mr. held January 25, 1989 . Borgenicht said the policy was Councilmember Godfrey acted as co- something that was very much chairman and Councilmember Hardman needed and was not to be placed on was a member of the steering a shelf and forgotten. committee. From the conference came the draft of the housing Rainer Huck, 1680 E Atkin policy, and a number of other Avenue, said he had owned and programs. These were reviewed by operated rental units since 1971 . the Housing Advisory and Appeals He said the policy contained good Board, the Community Development and valuable points but failed to Advisory Committee, the RUDAT be clear on one point - where the Housing Committee, and the Housing revenue funds would come from. He Subcommittee of SLAAC. The sec- said costs had risen, taxes were tion of the policy before the higher, water and sewage fees were Council was the policy statement higher, and vacancy rates higher. which identified five areas for He also said no one was making policy emphasis: 1 ) maintaining money renting to low income fami- the city population 2 ) providing lies, and most landlords could housing as shelter 3 ) revitalizing hardly make their mortgages. He neighborhoods 4 ) economic develop- said housing had to be made eco- ment and 5 ) coordinating all nomically feasible so landlords housing efforts. could afford to upgrade their rental units. He said that some Ms. Landikusic said the renters were abusive, rent was implementation of the housing plan sometimes not collectable, and would be the responsibility of courts were ineffective except in Lance Blackwood, Housing Program evictions. He said the policy Manager. She also said the hous- applied to licensing, inspections, ing condition survey had been etc. , and he asked where the money started. People would go door to was going to come from to operate door to conduct these surveys and the program. He said there were a the next area surveyed would be number of houses boarded and the South Central Salt Lake area. closed because of the problems She also said a firm had been encountered, and the income from selected to update the zoning the rentals did not compensate for ordinance. the cost incurred in repairs and maintenance. He said because of Susan Harvey, Willis Dorman, these closed properties the prop- Lois Brown and Roger Borgenicht erty values in Central City had all spoke in favor of the Housing dropped tremendously. 90-274 PROCEEDINGS (.Jr' THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 7, 1990 Councilmember Godfrey said them. The proposed amount of there were a number of Federal and money available for upgrading State programs available to land- units, as listed in the policy, lords which could be used to help was not realistic with the current upgrade their rentals at low cost cost of renovation. to the themselves and their ten- ants. He cited the Section 8 In response to Councilmember program and the rental rehabilita- Horrock' s question, Councilmember tion program. Godfrey said this had come up in past discussions and the Apartment Councilmember Whitehead said Association would be contacted the whole problem was what to do shortly for their input. about the deadbeat. He said there were a lot of people who did Edward Lunt, 2720 Spring damage and this was not addressed Creek Road in Salt Lake County, in the policy. He said there were complemented the mayor in address- always some people who didn' t ing the housing needs, and comple- care, and the city couldn' t put a mented Laura Landikusic for her limit on rent because of free work in the development of the enterprise. policy. He said he had recently left the Housing Advisory and Councilmember Pace asked Appeals Board after serving for 10 Bruce Plank, attorney for Utah years, four years as chairman. He Legal Services to come forward and said he was representing the Utah make a statement about the status Apartment Association and speaking of the Landlord/Tenant Ordinance. as owner/manager of over 3,000 apartment units of which 3/4 of Mr. Plank, said the Housing these were rented to low income Policy is great, and shows that families and 500 units were locat- the city is taking leadership in ed in Salt Lake City. this area. The ordinance has gone thru a number of revisions, and is He said he was in support of now in the ninth draft. He said the policy and said it was not that the committed is waiting for dropping the inspection of the the approval of the housing policy apartments but adding the inspec- and can then move ahead on the tion of condominiums and boarding ordinance. houses to the existing ordinance. He said he fully endorsed the Councilmember Horrocks asked licensing and inspection, and Mr. Plank if the Apartment Associ- asked why the ordinance stopped at ation and the Real Estate Board 4 units. He suggested inspecting had been contacted and if they and licensing any rental unit. He were supporting him in his ef- said the inspection system could forts. identify minor problems which could be corrected before they Mr. Plank said no formal became major problems. presentation had been made to the Apartment Association or the Real Carl Inoye said he was one of Estate Board. The ordinance was the speakers at the housing con- still in the draft stage and these ference in January and he said he organizations would be contacted was pleased with the housing later. He also said these pro- policy. He also said he was grams would work only if the city currently serving on the Homeless committed financial resources to women' s Shelter Project and he 90-275 PROCEEDINGS Or THE CITY COUNCIL OF SALT LtiKE CITY, UTAH TUESDAY, AUGUST 7, 1990 urged the Council to not forget sides of the tenant/landlord the very low income rental group, issue. He said he felt it was which would probably never become vital for the city to retain home owners. middle-income people. (T 90-18) . Karen Silver, an employee of the Salt Lake Community Action #3. RE: A hearing at 6:30 Program, said her organization p.m. to receive public comment and felt the Housing Plan Ordinance consider adopting an ordinance does not appear to adequately amending Section 16. 12. 190 of the address the housing located on the Salt Lake City Code relating to west side of Salt Lake City. She fuel and oil royalties. said the west side was a gateway corridor to and from the airport ACTION: Councilmember Godfrey and the new golf course, and the moved and Councilmember Horrocks housing in this area needed reha- seconded to close the public bilitation to keep a good first hearing, which motion carried, all impression of the city. She said members voted aye. her organization felt the land- lord/tenant ordinance should Councilmember Godfrey moved receive a priority 1 instead of a and Councilmember Horrocks second- priority 2. ed to adopt Ordinance 68 of 1990, which motion carried, all members Karen Lickstum a member of present voted aye. the Housing Advisory and Appeals Board, said she supported the DISCUSSION: Louis Miller, policy but said the city couldn' t Airport Director said fuel royal- expect to have a vibrant down town ties were for general aviation and commercial core without a vibrant noncommercial operators to pay and stable population base. their share of the cost in landing their airplanes at Salt Lake Councilmember Godfrey ex- International Airport, or at plained that the reason for ap- Airport II . The fee was currently proving the Housing Plan in con- three cents per gallon and had not cept only was because of the issue changed since July 1982. He said of middle income housing. He said $119, 000.00 was collected in 1989 the Housing Policy needed to from the fuel royalty. He said address all levels of housing, not there was also a charge of five just low income or high income. cents per quart of oil. He said He thanked the many individuals the recommendation was to elimi- involved in creating this docu- nate the charge on oil and in- ment. He said the effort shown crease the fuel royalty to four was an indication that the people cents per gallon effective immedi- of Salt Lake City were very con- ately and raise it to five cents cerned about the city, and the per gallon effective July 1, 1991 . higher income people seemed to He said these increases had been recognize the needs of the lower approved by the Airport Authority income families. Board and the General Aviation Subcommittee, and the fees had Councilmember Whitehead said been discussed with the general he felt the policy was a very good aviation tenants at the airport. one but the Council wanted to look (0 90-28) . at the financing issue. He said the Council must be fair to both 90-276 PROCEEDINGS Or THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 7, 1990 The meeting adjourned at 7:37 p.m. COUNCIL CHAIR CITY RECORDER 90-277 PROCEEDINGS 6, THE CITY COUNCIL OF SALT i.,-.KE CITY, UTAH THURSDAY, AUGUST 9, 1990 The City Council of Salt Lake City, Utah, met in Regular Session on Thursday, August 9, 1990, at 5:00 p.m. in the City Council Chambers, Room 315, City and County Building, 451 South State Street. The following Council Members were present: Ronald Whitehead Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Don Hale Nancy Pace Mayor Palmer DePaulis and Lynda Domino, Chief Deputy City Recorder, were present. Roger Cutler, City Attorney, and Kathryn Marshall, City Recorder, were absent. Council Chair Hardman presided at and conducted the meeting. PUBLIC HEARING Alec Gaul, 734 Windsor Kelly Sullivan, 1593 S. West #1. RE: A public hearing at Temple 5: 00 p.m. to receive comments and Lola Jordan, 535 South 200 East consider adopting an ordinance Ann Sutton, 2807 St . Mary ' s Way approving, ratifying, and finaliz- Colleen Minson, 1379 VanBuren ing Salt Lake City Corporation's Avenue budget and the rate of tax levy adopted by the City Council on These citizens complimented June 12, 1990. the library system and the staff members. They said the libraries ACTION: Councilmember Godfrey were a great resource for informa- moved and Councilmember Pace tion. seconded to close the public hearing, which motion carried, all The following people opposed members voted aye except continued tax increases, especial- Councilmember Horrocks who was ly continued property tax increas- absent for the vote. es: Councilmember Godfrey moved Hyrum Smith, owner of property at and Councilmember Whitehead sec- 2979 Lincoln Circle onded to adopt Ordinance 69 of F.E. Monte Draper, 2892 S. 15th E. 1990, which motion carried, all Bart Grant, 1247 W. Wasatch Avenue members voted aye except Dorothy Smith, 633 S. 1400 W. Councilmember Hardman who voted Cornelia Long, 3124 S. 8950 W. nay and Councilmember Horrocks who Bert Livesey, 1287 W. 400 So. was absent for the vote. Howard Engster, 1247 W. 700 So. Lester Chipman, 1312 Westminster DISCUSSION: The following Avenue - people supported the public li- Kenneth Lillie, 1460 W. 800 So. brary and the tax increase to fund Albert Funk, 1265 E. 100 So. the library: Kay McBride, 1700 So. 172 E. Lenora Berendt, 121 S. Douglas These people expressed con- Ranae Pierce, 191 Canyon Rd. cern that continued property tax Sheila McDonald, 1538 Bryan Avenue increases made it difficult to own 90-278 PROCEEDINGS (Jr' THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, AUGUST 9, 1990 and maintain property. They said because of the property tax in- many people were unable to contin- crease. She said she couldn't ue to own their property because afford to pay higher rent. of taxes . Many expressed concern because property taxes were a Mr. Chipman suggested that recurring tax which didn' t tax the city could save money by using people based on their ability to volunteers. He said neighborhood pay, like income tax. Many people groups could be organized in order suggested that government was too to keep their neighborhoods clean. big and needed to cut back on He suggested they could keep weeds spending and eliminate waste. down on vacant lots, put salt on icy roads, and clean garbage out Hyrum Smith said it seemed to of the gutters. He said if this take little effort to approve a was a community effort supported property tax increase and the by the Council then city workers public could not vote against it. would not have to provide these Dorothy Smith expressed her con- services. cern as a senior citizen for the continued increase in property Councilmember Pace said about taxes. She suggested that senior 200 volunteers recently helped citizens needed to have their clean up Memory Grove. She said property taxes lowered. the volunteers enjoyed doing this and it was a great success. Bert Livesey said Utah was at the bottom of the economic scale Councilmember Godfrey said and needed to live within the people had suggested less spending income of the taxpayers. Lester but at the beginning of the budget Chipman suggested penalizing year other people wanted the city absentee landlords. by charging to increase the number of police higher taxes . He said many land- officers and keep the annual trash lords did not maintain their pickup. He said the Council went property and the property owners through a very difficult process who did, were penalized by paying and they had cut the budget. higher taxes. He also suggested taxing senior citizens relative to Councilmember Whitehead said their income. the Council spent two months reviewing and cutting the budget. Kenneth Lillie suggested that He said the tax increase was not there should be a decreasing mill large in order to hire more police levy according to the age of a officers. He said the Council was home. He also said a city in very concerned about taxes but Colorado let senior citizens work needed to provide the basic neces- in the summer to pay their proper- sary services. He said it would ty taxes and he suggested that the take major legislation to change Council consider this. the tax structure. He said the city provided many services for a Albert Funk suggested that relatively low cost. He sympa- all recurring taxes should be thized with senior citizens and eliminated since they continued to said there were senior citizen tax money which had already been abatement programs. taxed. Kay McBride said she was a single mother of two children and Councilmember Hale said he even though she rented her home, and the Council were aware that the landlord would raise her rent their decisions affected people. 90-279 PROCEEDINGS Ur' THE CITY COUNCIL OF SALT LIKE CITY, UTAH THURSDAY, AUGUST 9, 1990 He said the Council struggled with the budget and the problem of crime in the city. He said there were many people who wanted addi- tional police officers and said the Council tried to make deci- sions based on what was best for the most people. He said the property tax increase was lower than it could have been because the Council used excess money to minimize the increase. He said he wanted to pursue alternative sources of revenue rather than continue to use property taxes. Councilmember Hardman said the budget decision was difficult and he wanted to be consistent with his vote on June 12, so he said he would vote against the ordinance. However, he pointed out that he supported the library and complimented the library staff. He said there were too many other elements of the budget which he could not support. (0 90-27) The meeting adjourned at 6:45 p.m. COUNCIL CHAIR CITY RECORDER 90-280 TO A JOINT RESOLUTION OF THE CITY COUNCIL AND MAYOR OF SALT LAKE CITY, UTAH WHEREAS, the orderly documentation of geographic information within Salt Lake City is vitally important to its citizens and to the City"s Public Works Department; and WHEREAS, the engineering Division of the Public Works Department has been involved in creating a computer-based Geographic Information System to capture, store, edit, manipulate and display geographically referenced information; and WHEREAS, Mountain Fuel Supply Company has developed a statewide computer- based mapping system and has agreed to make available to Salt Lake City a copy of this mapping system; and WHEREAS, the Mountain Fuel mapping system is of great value to the City in creating its Geographic Information System because it minimizes redundancy in production of mapping information and reduces considerably initial investment costs by the City. NOW, THEREFORE BE IT RESOLVED BY the Council and Mayor that we do hereby thank Mountain Fuel Supply Company for its civic commitment and for its generosity in making this valuable computer-based mapping system available to Salt Lake City. Dated this 14th day of August, 1990. Palmer A. DePaulis, Mayor Alan G. Hardman, Council Chair Ronald J. Whitehead L. Wayne Horrocks Nancy K. Pace Tom Godfrey Roselyn N. Kirk Don C. Hale 'UN yry r : S?.^. T A G T.�XI TORPORATIO1 DEPARTMENT OF PUBLIC WORKS JOSEPH R. ANDERSON 324 SOUTH STATE STREET PALMER DEPAULIS PUBLIC WORKS DIRECTOR SALT LAKE CITY, UTAH 84111 MAYOR 535-7775 TO: SALT LAKE CITY COUNCIL DATE: JUNE 1, 1990 REFERENCE: For the past few years the Engineering Division of the Public Works Department has been involved in a cooperative effort with other City departments in scoping and planning the implementation of a City wide Geographic Information System (GIS) program. GIS is a computer based system to capture, store , edit , manipulate, and display geographically referenced information. A major part of this system is a computerized base map of the City. Mountain Fuel Supply Company, in order to enhance management of their facilities , has developed a state wide computer based mapping system. They have agreed to provide us with a copy of their base map for the Salt Lake City area . This map is of great value to the City in getting our GIS program off the ground by minimizing redundancy in production of mapping information and considerably reducing the initial financial requirements. RECOMMENDATION: Considering the value of this computerized mapping information, the City Council should recognize this major contribution by formally expressing appreciation to Mountain Fuel Company and recognizing their contribution. AVAILABILITY OF FUNDS: N/A DISCUSSION: An agreement has been signed by the City and Mountain fuel Company for the transfer of the computerized mapping information. CONTACT PERSON JERRY LYON, DEPUTY CITY ENGINEER SUBMITTED BY : JOSEPH R. ANDERSON, PUBLIC WORKS DIRECTOR /P--0\ A JOINT RESOLUTION OF THE CITY COUNCIL AND MAYOR OF SALT LAKE CITY, UTAH WHEREAS, Bernice Cook has made significant and important contributions to Salt Lake City, its boards and neighborhood organizations over the years; and WHEREAS, Bernice's insightful, witty and informative questions and comments during public meetings have always improved the quality and worth of those meetings; and WHEREAS, Bernice has faithfully attended City Council and Community Council meetings and has become an important source of information from which her neighbors and all citizens of the City have greatly benefited; and WHEREAS, Bernice served admirably for several years as the Chair of the People's Freeway Community Council and was one of the founders of that Council; WHEREAS, she has been a tremendous asset to City during her current term as a member of the Community Development Advisory Committee; and WHEREAS, Bernice's leadership and service has improved the quality of life in Salt Lake City. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL AND 11.kYOR that we hereby recognize the extraordinary service Mrs. Bernice Cook has rendered to Salt Lake City and its citizens. Dated this 14th day of August, 1990. Alan G. Hardman, Council Chair Ronald J. Whitehead L. Wayne Horrocks Nancy K. Pace Tom Godfrey Roselyn N. Kirk Don C. Hale LEROY W. HOOTON, JR. DIRECTOR �yy mm``�� nny�� y� ���ppp ,���T7 WENDELL E. EVENSEN, P.E. A I ` `�U TINT/,I:i11 1p�I� I'�i\ SUPERINTENDENT ,�. � 1 llll VVVV�JJJJII��IJllll1��`` W���\1L��A11133 a4� WATER SUPPLY 8 WATERWORKS E. TIM DOXEY DEPARTMENT OF PUBLIC UTILITIES SUPERINTENDENT Water Supply & Waterworks PALMER DEPAULIS WATER RECLAMATION Water Reclamation MAYOR JAMES M. LEWIS, C.P.A. CHIEF FINANCE& 1530 SOUTH WEST TEMPLE ACCOUNTING OFFICER SALT LAKE CITY, UTAH 84115 GEORGE JORGENSEN, P.E. CHIEF ENGINEER TO: Salt Lake City Council DATE: August 1, 1990 RE: Modification of certain provisions of the Interlocal Agreement among the Metropolitan Water District of Salt Lake City Corporation and Sandy City Corporation for the Expansion of the Parley' s Water Treatment Plant, dated February 7, 1990 Recommendation: That the Council approve the agreement and forward to the Mayor for execution on behalf of the City. Availability of Funds: Not applicable Discussion: The purpose of this agreement is to facilitate the intent of the Parties with respect to the subject matter of the Agreement, and to modify paragraphs 4(c) and ( f) of the Agreement. The changes clarify responsibilities of Salt Lake City, Sandy City and the Metropolitan Water District of Salt Lake City for construction, payments and reviews of the Parley' s Water Treatment Plant project. Submitted by: ,) p LEROY W. OOTON, JR. Director Department of Public Utilities LWH: ETD:kg enclosures LEROY W. HOOTON, JR. DIRECTOR WENDELL E. EVENSEN, P.E. + SUPERINTENDENT VENS �Y- WATER SUPPLY 8 WATERWORKS E. TIM DOXEY DEPARTMENT OF PUBLIC UTILITIES SUPERINTENDENT Water Supply & Waterworks PALMER DEPAULIS WATER RECLAMATION Water Reclamation MAYOR JAMES M. LEWIS, C.P.A. CHIEF FINANCE& 1530 SOUTH WEST TEMPLE ACCOUNTING OFFICER SALT LAKE CITY, UTAH 84115 GEORGE JORGENSEN, P.E. CHIEF ENGINEER August 1, 1990 Mayor Palmer DePaulis Mayor of Salt Lake City City/County Building Room 306 Salt Lake City, Utah 84111 Re: Interlocal Agreement among the Metropolitan Water District of Salt Lake City Corporation and Sandy City Corporation for the expansion of the Parley' s Water Treatment Plant, dated February 7, 1990 Honorable Mayor DePaulis: Please find enclosed the original for the above referenced agreement, for your signature. Upon signing this agreement please return it to the Public Utilities Department for further processing. The Public Utilities Department recommends approval of this action. Sincerely, faL ice" E•OY I HOOTON, JR. Director LWH:kg enclosure cc: file METROPOLITAN WATER DISTRICT OF SALT LAKE CITY First Interstate Plaza 170 South Main. Suite 650 alt Lake City. Utah 84101 (801)364-5578 %aNWArF:� July 30 , 1990 0 % a S4t��A % Board of Directors Charles W.Wilson,Chairman R.Gordon Bader The Honorable Mayor Palmer A. DePaulis Mayor Palmer A. DePaulis Frederick A.Moreton,Jr. Salt Lake City Corporation C.Ross Anderson 451 South 200 East Calvin E.Thorpe Salt Lake City, UT 84111 Rodney NI. Mills The Honorable Mayor Lawrence P . Smith Sandy City Corporation 440 East 8680 South Sandy, UT 84070 Re: Modification of certain provisions of The Interlocal Agreement Among the Metropolitan Water District of Salt Lake City, Salt Lake City Corporation and Sandy City Corporation for the Expansion of the Parley' s Water Treatment Plant, dated February 7 , 1990 Honorable Mayors DePaulis and Smith: Pursuant to discussions among representatives of the Metropolitan Water District ( "MWD" ) , Sandy City ( "Sandy" ) and Salt Lake City (collectively, the "Parties" ) regarding the above-referenced agreement (the "Agreement" ) , the purpose of this letter is to facilitate the intent of the Parties with respect to the subject matter of the Agreement, and to modify paragraphs 4 ( c) and ( f) of the Agreement as follows : 1 . As sums become due for payment to the engineer and the contractor pursuant to contracts under paragraph 3 of the Agreement, Salt Lake City shall present a purchase order or payment request and all supporting documentation to Sandy for review and written verification by Sandy' s director of Public Works or his designee . Sandy' s review shall be limited to a review of the engineer' s apportionment of costs between seismic improvements Nick P.serakis. and improvements related to providing additional General Manager treatment and conveyance capacity in the Parley' s W. Reed.Jensen. Controller Mayor Palmer DePaulis Mayor Lawrence P . Smith July 30, 1990 Page 2 Water Treatment Plant. Sandy may verify in writing or object in writing to the apportionment of costs within five days after Sandy receives said purchase order or payment request and supporting documentation. In the event that Sandy does not submit its written objection to Salt Lake City within five days , Sandy will be deemed to have verified the apportionment of costs . In the event that Sandy objects to the apportionment of costs, Sandy and Salt Lake City will pursue whatever legal remedies are available to resolve the dispute; provided, however, Sandy will not have the right to delay payments to the engineer and the contractor by Salt Lake City or reimbursement to Salt Lake City by MWD. Salt Lake City shall pay the engineer and the contractor directly, and shall submit verified receipts evidencing payment to MWD for reimbursement. Receipts for such payments shall be submitted consistent with the procedure described in the Bid Specifications for the Parley' s Water Treatment Plant Expansion Project ( the "Project" ) . Reimbursements shall be made by withdrawals from the Restricted Account referred to in paragraph 4 ( a) of the Agreement. Upon receipt of said receipts, MWD will promptly submit written requisitions to Zions First National Bank ( "Zions" ) , as trustee administering the Restricted Account, for disbursements from said Account to reimburse Salt Lake City for amounts described therein. Said requisitions shall be in the form attached hereto as Exhibit "A" . MWD is hereby authorized to rely solely on the receipts, and Sandy and Salt Lake City will hold MWD harmless from any claims resulting from reimbursement to Salt Lake City. Zions is hereby authorized to rely solely on the disbursement instructions of MWD and shall not be required to evaluate or verify any related supporting documentation . 2 . The obligations of Salt Lake City under the Agreement shall include those set forth in Exhibit "B" attached hereto and incorporated herein by this reference, and the obligations of MWD under the Mayor Palmer DePaulis Mayor Lawrence P . Smith July 30, 1990 Page 3 Agreement shall include those set forth in paragraph H of said Exhibit "B" . Sincerely, METROPOLITAN WATER DISTRICT OF SALT LAKE CITY Charles W. Wilson, Chairman ACCEPTED AND AGREED TO: SALT LAKE CITY CORPORATION SANDY CITY CORPORATION By: By: Mayor Mayor EXHIBIT "A" FORM OF REQUISITION RE : Disbursements from Restricted Account under the Interlocal Agreement Among the Metropolitan Water District of Salt Lake City, Salt Lake City Corporation and Sandy City Corporation for the Expansion of the Parley' s Water Treatment Plant. TO: Zions First National Bank Corporate Trust Department One South Main Street Salt Lake City, Utah 84111 You are hereby authorized to disburse from the above- referenced Restricted Account the following: REQUISITION NUMBER: Amount: PURPOSE FOR WHICH EXPENSE HAS BEEN INCURRED: Pursuant to the above-referenced Agreement, Salt Lake City has submitted to the District verified receipts indicating that each obligation, item of cost or expense mentioned herein has been incurred, is a proper charge against the Restricted Account and has not been the basis for a previous withdrawal . This disbursement will be used to reimburse Salt Lake City for payments made by Salt Lake City to the engineer and the contractor pursuant to contracts under paragraph 3 of the above- referenced Agreement. DATED: By: Authorized Officer EXHIBIT "B" For the purposes of this Exhibit "B" , the term "Project" means the Parley' s Water Treatment Plant Expansion Project, excluding engineering and construction costs or activities related to seismic upgrades . A. Construction Contracts . Salt Lake City represents in good faith that, based upon an examination of property, construction and equipment costs and the anticipated configuration of the Project, the Project can be completed for a total price within the amount of funds to be available therefor in the Restricted Account and the income anticipated to be derived from the investment thereof . B . Project Documents . Salt Lake City' s Department of Public Utilities shall have and keep on file copies of all documents related to the Project (the "Project Documents" ) throughout the Agreement term. Neither the Project Documents nor any change nor amendment thereto shall cause the Project to be used for any private purpose nor for any purpose prohibited hereby nor by the Constitution and laws of the State of Utah. C. Defaults Under Construction Contracts . In the event of any material default by the contractor or engineer, or in the event of a material breach of warranty with respect to any materials, workmanship or performance in connection with the Project, Salt Lake City shall promptly proceed, either separately or in conjunction with others , to pursue diligently its remedies against such contractor or engineer and/or against each surety of any bond securing their performance. Any amounts recovered by way of damages, refunds , adjustments or otherwise in connection with the foregoing as they pertain to the Project, remaining after deduction of expenses incurred in such recovery ( including, without limitation, attorneys ' fees and costs) , and after reimbursement to Salt Lake City of any amounts theretofore paid by Salt Lake City and not previously reimbursed to Salt Lake City for correcting or remedying the default or breach of warranty which gave rise to the proceedings against the contractor or engineer shall be paid into the Restricted Account if received before completion of the Project or, if received thereafter, shall be deposited as otherwise provided in paragraph H hereof with respect to excess moneys in the Restricted Account. D . Contractor' s Performance and Payment Bonds . The contractor shall be required to furnish a performance bond and a labor and material payment bond, copies of which shall be provided to Sandy, MWD and Zions First National Bank ( the "Trustee" ) . Salt Lake City' s agreement with the contractor shall require that such bonds be made payable to Salt Lake City and the Trustee and shall be executed by a corporate surety licensed to transact business in the State of Utah and acceptable to the Trustee and shall be in the full amount of the contract price for such contractor' s contract. If, at any time during construction of the Project, the surety on such bond shall be disqualified from doing business within the State of Utah, an alternate surety acceptable to the Trustee shall be selected. E . Contractor' s Insurance. The contractor and engineer shall be required to procure and maintain such comprehensive general public liability and property damage insurance, builder' s risk completed value insurance and worker' s compensation insurance as Salt Lake City shall deem necessary. F. Proceeds of Certain Insurance Policies and Performance Bonds . The net proceeds ( after deduction of expenses incurred by Salt Lake City in connection with the collection of such proceeds, including, without limitation, attorneys ' fees and costs ) of any performance or payment bond or builder' s risk completed value insurance policy required hereunder with respect to the Project, and any net proceeds received as a consequence of default as provided hereunder with respect to the Project, shall be paid into the Restricted Account if received before the completion of the Project or, if received thereafter, shall be deposited as otherwise provided in paragraph H hereof with respect to excess moneys in the Restricted Account. G. Completion of Construction. Upon completion of the Project, the Director of Public Utilities of Salt Lake City shall deliver a certificate to MWD, Sandy and the Trustee stating that, to the best of his knowledge, based upon representations of the contractor and the engineer for the Project and except for any amounts estimated by the authorized officer of Salt Lake City to be necessary for payment of any cost of the Project not then due and payable, the Project has been completed and accepted by Salt Lake City, and all costs of the Project have been paid. Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties which exist at the date of such certificate or which may subsequently come into being. H. Application of Restricted Account Subsequent to Completion of the Project. MWD, Salt Lake City and Sandy agree that any payment to be made from the Restricted Account to Sandy after payment in full for all engineering services and costs of the Project pursuant to the terms and conditions of Paragraph 2 4 ( f) of the Agreement shall be effected by MWD' s causing the Trustee to make such payment to Sandy by depositing the same into the Construction Fund created by the Water Revenue Refunding Bond Resolution adopted by Sandy' s City Council on December 17 , 1985 , as amended and supplemented including a Second Supplemental and Amendatory Water Revenue Bond Resolution adopted by Sandy' s City Council on June 19, 1990. Any monies remaining in the Restricted Account on or after August 1 , 1992 shall not be invested at a yield higher than the yield on the $12 , 000, 000 Utah Municipal Finance Cooperative (MFA) Local Government Revenue Bonds ( Pooled Capital Improvement Financing Program) Series July 11 , 1990 -- Sandy City, Utah (Water Revenue Obligation) (the "Bonds" ) unless Sandy shall have received the opinion of nationally recognized municipal bond counsel acceptable to the Trustee that investment at a higher yield after said date will not adversely affect the exclusion of interest on the Bonds from the gross income of the recipients thereof for federal income tax purposes . 3 RESOLUTION NO. OF 1990 AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION, METROPOLITAN WATER DISTRICT OF SALT LAKE CITY, AND SANDY CITY CORPORATION WHEREAS, Title 11, Chapter 13, Utah Code Ann. , 1953 as amended, allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purposes; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1 . It does hereby approve the form and substance of the attached agreement as follows: Amendment of Agreement between the parties dated February 7, 1990, to clarify the intent of the parties in handling payments. 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, subject to any minor changes which do not materially affect the rights and obligations of the City thereunder. Passed by the City Council of Salt Lake City, Utah, this day of , 1990. SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: CITY RECORDER RLM: rc i' ° • LINDA HAMILTON SA 1tPIC Cier wwi a j PALMER DEPAULIS DIRECTOR OF FINANCE MAYOR FINANCE DEPARTMENT Purchasing and Property Management Division 451 SOUTH STATE STREET, ROOM 345 SALT LAKE CITY, UTAH 84111 PROPERTY (801) 535-7133 July 22, 1990 TO: SALT LAKE CITY COUNCIL RE: APPROVAL OF CITY ORDINANCE GRANTING TO MCI THE RIGHT TO CONSTRUCT AND OPERATE A TRANSCONTINENTAL FIBER OPTICS CABLE IN SOUTH TEMPLE AND 100 SOUTH STREETS. RECOMh1ENDATICN: Inasmuch a MCI Telecommunications Corporation has complied or will comply with any and all conditions imposed by members of the ONE-51UP evaluation team, and whereas said ordinance/franchise agreement has been prepared by the City Attorney's Office and Property Management, I therefore recommend that the City Council enact the subject ordinance, thereby granting the franchise to MCI. AVAILABILITY OF FUNDS: Not Applicable. DISCUSSICN: MCI has petitioned (Pet. 500-149) for this franchise in order to continue the construction and operation of its transcontinental fiber optics cable. Those City departments affected by the subject ordinance have recommended approval with the following conditions: 1) MCI or its contractor must obtain all necessary permits and bonds; 2) Contractor must submit a barricade plan which complies with the Salt Lake City Barricade Manual, and 3) Trenching and backfill must comply with City standards. MCI has agreed to comply with the above conditions, and Engineering will enforce such compliance at the time that working drawings and specifications are submitted for required permits. LEGISLATIVE DOCUMENT: Attached for the Council's review and approval are four (4) originals and seventeen (17) copies of the referenced Ordinance/Franchise Agreement, which will grant to MCI the right to construct, operate and maintain fiber optic cables in SOUTH TEMPLE STREET, between 500 and 1000 West, and 100 SOUTH STREET, between 450 and 500 West. f--r, COUNCIL AGENDA REQUEST (MCI) Page 2 REVENUE: The annual franchise fee, payable to Salt Lake City Corporation, is TWO THOUSAND SEVEN HUNDRED NINETY-TWO AND 82/00--------DOLLARS ($ 2,792.82) , which is based on 33% of the fair market value of the land with a 12% annual rental return. CONTACT PERSON: If you have any questions or concerns with regard to this ordinance, please direct them to Garth Coles, Real Property Agent, at 535- 7133. Submitted by: Jaeleu...2 G. L. Failner Chief Procurement Officer C4LF/DGC/gc ATTACHMENTS COUNCIL.A.R.MCI -,. ti4 • JULY 10, 1990 CERTIICATE OF VERIFICATION I hereby verify that MCI Telecommunications Corporation has not provided local exchange telephone service in Salt Lake City during the previous year. MCI TELECOMMUNICATIONS CORPORATION Susan C. Frary Vice President Attest: C411.j1L4) L�-'nn Darrow Carson A'sistant Secretary SALT LAKE CITY ORDINANCE No. of 1990 (Granting Right to Construct to MCI Telecommunications Corporation) AN ORDINANCE GRANTING TO MCI TELECOMMUNICATIONS CORPORATION, A DELAWARE CORPORATION AUTHORIZED TO AND DOING BUSINESS IN THE STATE OF UTAH, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND PRIVILEGE TO CONSTRUCT, ERECT, OPERATE, AND MAINTAIN OVER AND UNDER THE FOLLOWING-DESCRIBED CITY STREETS, ALLEYS AND PUBLIC WAYS, WIRES, CABLES, AND UNDERGROUND CONDUITS, IN CONNECTION WITH ITS TELECOMMUNICATION BUSINESS . Be it ordained by the City Council of Salt Lake City, Utah : SECTION 1 . Definitions . For purposes of this ordinance the following terms, phrases, words , abbreviations and their derivations shall have the same meaning given herein. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include singular number; and words in the singular number include the plural . The word "shall" is always mandatory and not merely directory. A. "City" shall mean Salt Lake City Corporation, a municipal corporation of the State of Utah. B . "Mayor" shall mean the existing or succeeding chief administrative officer of the City, or his designate. C. "Council" shall mean the present legislative governing body of the City or any successor. ts D. "City Attorney" shall mean the chief legal officer of the City. E. "Director of Finance" shall mean the chief financial officer of the City. F. "Director of Public Works" shall mean the director of public works of the City. G. "Person" shall mean any person, firm, partnership, association, corporation, company or organization of any kind. H. "Applicant" shall mean any person submitting an application to the City for a franchise to operate a telecommunications line across the street to another building as part of Applicant' s business within the city using city streets or other city property for the installation and operation of its facilities under the conditions set forth hereunder. I . "Grantee" shall mean the person to whom or to which a franchise as hereinbefore and hereafter defined is granted under this ordinance or anyone who succeeds the person in accordance with the provisions of this franchise. J. "Gross receipts" shall mean all revenue derived directly or indirectly by Grantee, its affiliates, subsidiaries, and any person in which Grantee has a financial interest from or in connection with the operation of telecommunication lines systems within the City, with no deductions whatsoever. K. "Street" shall mean the surface of and the space above and below any public street, road, highway, freeway, lane, path, public way, or place, alley, court, boulevard, parkway, drive or -2- other easement now or hereafter held by the City for the purpose of public travel and shall include other easements or rights of way as shall be now held or hereafter held by the City which shall, within their proper use and meaning, entitle the City and Grantee to the use thereof for the purposes of installing or transmitting said system transmissions over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be ordinarily necessary and pertinent to such system. L. "Subscriber" shall mean a purchaser of any telecommunication service delivered over the Grantee' s facilities to an individual dwelling unit or business within the City limits . SECTION 2. Grant of Franchise Authority. City hereby creates the right, privilege, and franchise for MCI Telecommunications Corporation, hereinafter Grantee, to construct, operate, and maintain a telephone and/or telecommunications system in the streets of Salt Lake City, described in Exhibits "A" and "B" attached, subject to the conditions and restrictions as hereinafter provided. The term of the franchise shall be fifteen ( 15 ) years from the date hereof. SECTION 3 . Franchise Payments. A. Grantee herein shall pay annually to the City for the use of the streets and other facilities of the City in the operation of its system in the City, and for the municipal supervision thereof during the life of this franchise the greater of either: -3- 1 . The sum of TWO THOUSAND SEVEN HUNDRED NINETY-TWO AND 82/100THS DOLLARS ( $2, 792.82 ) with the initial payment due and tendered concurrent herewith. Thereafter, said payment shall be due on or before the anniversary date hereof during the term hereof. On each successive anniversary date, hereinafter "Due Date" , the annual franchise payment shall be increased by the same percentage increase, if any, in the Consumer Price Index herein specified for the preceding twelve month period ending the last day of December. The Consumer Price Index unit for this purpose shall be the U. S. City Average Geographic Index for the components including "all urban consumers" based on "all items" as published for said month by the Bureau of Labor Statistics of the federal government. If publication of said Consumer Price Index should cease, such annual percentage increase shall be determined by reference to such similar index as shall replace it, or as agreed upon by the parties . 2. To the extent Grantee competes with Mountain Bell Telephone Company by providing intraexchange service within the Salt Lake City local calling area (as defined by Mountain Bell ' s tariff on file with the Utah Public Utilities Commission) or otherwise derives local exchange service revenues, as defined in Section 20-3-14(b) of Salt Lake City Ordinances, (or any successor section thereto) , from furnishing services from within Salt Lake City, Grantee -4- shall pay City a sum of six percent ( 6%) for the annual gross receipts per annum of Grantee from all revenue received by providing such intraexchange or basic local exchange service. In the event that such services are not provided or do not exceed the sum set forth in subparagraph 1 hereof annually, Grantee shall pay the sum set forth therein annually, which amount approximates the fair rental value of the property. Grantee shall annually provide the City a certificate evidencing whether its revenue from the preceding year exceeded the approximate fair rental value of the property, as specified above. B. Such annual payments shall be made to Salt Lake City Corporation and sent to City ' s Property Manager at City and County Building, Third Floor, Salt Lake City, Utah 84111, unless notified of change of address in writing by the City. All payments shall be made annually on or before said Due Date. A delinquency penalty charge of ten percent ( 10%) of the annual payment shall be assessed on any payment not received by the City by the Due Date. Failure to make the annual payment and penalty charges within thirty ( 30) days of whichever Due Date is applicable above shall constitute breach of the terms of this Agreement and constitute just cause for termination hereof prior to the expiration of the current term, and such unpaid amount shall bear interest until paid at the rate of an additional ten percent ( 10% ) per annum until paid. -5- C. In the event the franchise should be terminated or forfeited prior to the end of the basic ten ( 10) year term, Grantee shall immediately submit to the City a financial statement prepared as before required, showing the gross receipts of Grantee for the time elapsed since the last period for which Grantee has paid to the City the required percentage of gross annual receipts, and Grantee shall pay to the City not later than thirty (30) days following the termination of the franchise, a like percentage of such gross receipts and/or any other sums legally due and owing to the City. D. Grantee shall submit to City, annually at the same time as its franchise payments are remitted, a certificate signed by a corporate officer of Grantee verifying that Grantee has not provided local exchange telephone service in Salt Lake City during the previous year. If Grantee has provided local exchange service the certificate shall so indicate. Said certificate shall have attached thereto an auditor' s statement showing said gross receipts from such local exchange service. In such event, the City shall have the right, but is not required, to inspect the Grantee ' s records showing the gross receipts from which its franchise payments may be computed and shall have the right of audit and recomputation of any and all amounts paid under the franchise. Failure to make such a report of local exchange service shall be grounds for termination of this franchise. No acceptance of any payment by the City shall be construed as a release of or an accord or satisfaction of any claim the City -6- might have for further or additional sums payable under the terms of this ordinance or for any other performance or obligation of Grantee hereunder. SECTION 4. Insurance. A. Within thirty (30 ) days after the granting of this franchise and at all times during the term of this franchise, Grantee shall obtain, pay all premiums for, and file with the City Director of Finance executed duplicate copies and receipts evidencing the payment of premiums for the following: 1 . A general comprehensive public liability insurance policy indemnifying, defending, and saving harmless Grantee, its officers, boards, commissions, agents, or employees, with the City as an additional named insured, from any and all claims by any person whatsoever on account of injury to or death of a person or persons occasioned by the operations of the Grantee under franchise herein granted or alleged to have been so caused or occurred with a minimum liability of $250, 000 per personal injury or death of any one person and $500, 000 for personal injury or death of any two or more persons in any one occurrence and $100, 000 for property damage in any one occurrence, or $1, 000, 000 aggregate. B. The Grantee shall furnish concurrent with the issuance of this franchise a certificate of insurance verifying said coverage. Such insurance as provided for in this section shall be kept in full force and effect by Grantee during the existence of and until after the removal of all poles, wires, cables, -7- underground conduits, manholes, and other conductors and fixtures incident to the maintenance and operation of the system as defined in the franchise. The Grantee will furnish appropriate certificates to City certifying such coverage. C. All of the foregoing insurance contracts shall be in form satisfactory to the City Attorney and shall be issued and maintained by companies authorized to do business in the State of Utah and acceptable to the City' s Director of Finance and they shall require thirty (30 ) days ' written notice of any cancellation to both the City and Grantee herein. SECTION 5. Guarantee Bond. A. Grantee shall within ten ( 10 ) days after the franchise becomes operative, execute to the City with good and sufficient securities, a guarantee bond to. be approved by the City Attorney in the sum of $10, 995.00, or tender a cash bond in said amount, conditioned upon the faithful performance and discharge of the obligations imposed by this Ordinance from the date thereof and remain in force and effect during the life of this franchise. Specifically, said guarantee bond or cash bond shall provide sufficient funds for the removal or relocation of the Grantee' s facilities in the event of Grantee' s noncompliance with Sections B.E. , 13 or 15 of this ordinance. B. The Grantee shall pay all premiums chargeable for the bond and shall keep the same in force and effect at all times throughout the term of the franchise and until the removal of all poles, wires, cables, underground conduits, manholes, and other -8- conductors and fixtures incident to the maintenance and operation of the system. C. The amount of the bond shall be subject to review and adjustment by the City. D. The bond shall contain a provision that it shall not be terminated or otherwise allowed to expire prior to thirty (30) days without prior written notice to the City. E. The bond shall be in a form satisfactory to the City Attorney, and a duplicate copy of it, along with written evidence of payment of the required premiums, shall be filed with the City' s Director of Finance during the term of the franchise. SECTION 6 . Indemnity. Grantee shall at its sole cost and expense fully indemnify, defend, and save harmless the City, its officers, agents, and employees against any and all claims, suits, actions, liability, and judgments for damage, including City' s attorney' s fees, arising out of the Grantee' s acts, omissions or the operation of the Grantee' s business under this franchise. These damages or penalties shall include but shall not be limited to damages arising out of installation, operation or maintenance of the system authorized herein, whether or not any act or omission complained of is authorized, allowed, or prohibited by the franchise. SECTION 7. Books and Records of Grantee. A. Grantee shall file with the City' s Directors of Public Works and Public . Utilities a copy, true and accurate, of maps and/or plats of all existing and proposed installations upon the streets. These maps -9- �.� and plats shall conform to the requirements of the City' s Directors of Public Works and Public Utilities and shall be kept continuously up-to-date. B. All books and records of Grantee concerning its operation in connection with or related to its said telecommunication line shall be made available for inspection and audit by City' s Director of Finance or his designate within ten ( 10 ) days after any request for such inspection or audit shall be made. C. Copies of all rules, regulations, terms, and conditions established by Grantee for its operation under this franchise shall be filed with the City Attorney. SECTION 8 . Conditions of Street Occupancy. A. All transmissions and distribution structures, lines, and equipment erected by Grantee within the city shall be so located as to cause minimum interference with the proper use of streets, and to cause minimum interference with the rights and reasonable convenience of property owners who join any of said streets . The system shall be constructed and operated in compliance with all City, state and national construction and electrical codes and shall be kept current with new codes as required. B. Except when absolutely necessary to service a subscriber and not simply because it shall be more convenient, economical, or profitable for Grantee to so operate, and then only when expressly permitted in writing by the City' s Director of Public Works, under such conditions as he shall prescribe for -10- the public welfare, Grantee shall not erect, authorize, or permit others to erect any poles or facilities within the streets of the City for the conduct of its system but shall use the existing poles and other equipment of the appropriate electrical power and telephone and other utility companies under such terms and agreements as the Grantee negotiates with these companies. The City shall cooperate with Grantee in negotiating and obtaining permission to use such facilities. C. No poles, cables, equipment, or wires for construction, maintenance and operation of the system shall be installed or the installation thereof commenced on any existing pole within the city until the proposed location, specifications and manner of installation of such cables, equipment, and wires shall have been set forth upon a plot or map showing the existing poles, streets, alleys, or highways within the city where such installations are proposed and submitted in writing by Grantee to City' s Director of Public Works and approved or disapproved with reasons within a reasonable time by that department in writing. Such approval shall not be unreasonably withheld. D. Should the Grantee be required in the conduct of its business to locate property within the streets of the city other than property which may be attached to utility poles, then in that event, before Grantee shall install or shall permit any other parson to install for Grantee any of such property in the street, the nature of such property shall be disclosed to the City' s Director of Public Works for his approval as to the need -11- thereof and as to the location within the street and only installed under such conditions as he and the Director of Public Utilities shall prescribe concerning such location or installation. E. Whenever the City or State shall require the relocation or reinstallation of any property of the Grantee in any of the streets of the city, it shall be the obligation of Grantee upon notice of such requirement to immediately remove and relocate or reinstall such property as may be reasonably necessary to meet the requirements of the City or State. Such relocation, removal or reinstallation by Grantee shall be at the sole cost of Grantee. F. Whenever in any place within the city, all the electric and telephone utilities shall be located underground, it shall be the obligation of the Grantee to locate or to cause its property to be located underground within such places, however it is the policy of the City to have the maximum amount, if not all, cable possible underground and the City may direct Grantee to install cables underground when either electric or telephone lines exist underground . If the electric utilities or telephone utilities shall be located underground in any place within the city after Grantee shall have previously installed its property, nevertheless, Grantee shall at the same time or immediately thereafter remove and relocate its property also underground in such places. In areas of the city where utilities are underground, Grantee may locate certain equipment above ground upon a showing of necessity to and approval by the City' s -12- Director of Public Works. Facilities of the Grantee placed underground at the property owner' s request in an area where electric utilities or telephone utilities are aerial shall be installed with the additional expense paid by the property owner. G. Grantee shall have the authority to trim trees overhanging the streets of the city so as to prevent the branches of such trees from coming in contact with the Grantee' s wires and cable. All such trimming on City property shall be done under the direction of the City and at the expense of Grantee. H. In case of disturbance of any street caused by Grantee, the Grantee shall at its own cost and expense and in a manner approved by the City' s Director of public works replace and restore such street in as good a condition as before the work involving such disturbance was done. Prior to commencing work in the public way, Grantee will make application for a permit to work in the public way from the office of the City Engineer. Grantee will abide by all regulations and requirements of the City Engineer for such works. I. Grantee shall maintain, repair, and keep in good condition, to the satisfaction of City Engineer, for a period of one year following such disturbance, all portions of a sidewalk or street disturbed by it or its agents. J. Grantee shall on the request of any person holding a building moving permit issued by the City temporarily raise or lower its wires to permit the moving of such building. The expense of such temporary removal or raising or lowering of the -13- wires shall be paid by the person requesting the same and Grantee shall have the authority to require such payment in advance. Grantee shall be given not less than forty eight ( 48) hours ' advance notice to arrange for such temporary wire changes. In the event of a disagreement between Grantee and a holder of a permit, such disagreement will be resolved by the City' s Director of Public Works . K. If at any time in case of fire, flood, earthquake or other emergency in the city it shall become necessary in the judgment of the Mayor or the Chief of the Fire Department to cut or move any of the wire cables, appliances or other fixtures of Grantee, this may be done and the repairs thereby rendered necessary shall be made by Grantee, at its own cost and expense and without charge against the City. L. Grantee ' s work, while in progress, shall be properly protected at all times with suitable barricades, flags, lights, flares, or other devices as are reasonably required by City regulation or ordinance or state law to protect all members of the public having occasion to use the portion of the streets involved, or adjacent property. SECTION 9 . Initial System Installation. Within thirty ( 30 ) days after the acceptance of the franchise, the Grantee shall proceed with due diligence to obtain all necessary permits and authorizations which are required in the conduct of its business, including but not limited to any utility joint use agreements, and any other permits and authorizations to be granted by duly -14- constituted regulatory agencies having jurisdiction over the operation of the system. SECTION 10. Type and Capacity of Equipment to Be Installed. Grantee shall specify in its proposal the type and capacity of the equipment to be installed and Grantee shall advise the City' s Director of Public Works of any changes in this section of its proposal. No changes in the type and capacity of equipment to be installed shall be allowed unless such change is at least equal to or better than that proposed by Grantee in its application. SECTION 11 . Operation Standards. The system shall be installed and maintained in accordance with the highest accepted standards of the industry to the end that the subscriber may receive the highest and most desirable form of service. SECTION 12 . Supervision by the City. A. Grantee shall construct, operate and maintain the system subject to direction from all of the authorities of the City who have jurisdiction in such matters and in strict compliance with all laws, ordinances, and departmental rules and regulations. B. The system and all parts thereof shall be subject to the right of periodic inspection by the City. SECTION 13 . Grantee' s Duty to Remove Its Properties from the Public Streets . A. Following Grantee' s commencement of service through and over its system, Grantee shall promptly remove from the public streets where its properties are located all or any part of the facilities so located when one or more of the following enumerated conditions occur: -15- 1 . Grantee ceases to operate the system for a continuous period of six ( 6 ) months from the date of said cessation, except when the cessation of service is a direct result of a natural or man-made disaster. 2 . Grantee fails to construct said system as hereinabove and hereinafter provided. 3 . The franchise is terminated or revoked pursuant to notice as provided herein. B. Grantee shall be entitled to receive notice in writing from the City setting forth one or more of the occurrences hereinabove enumerated or such other occurrence hereinbefore or hereinafter provided and shall have ninety ( 90) days from the date upon which said notice is received to remove such properties as hereinabove required. SECTION 14 . Operational Reports. Grantee shall furnish the City' s Director of Public Works with progress reports indicating in detail the area of construction of the system. Such periodic reports shall be furnished at three-month intervals, the first report to be made three (3 ) months after the construction commencement date. SECTION 15 . Removal of Facilities Upon Request. Upon termination of service to any subscriber, Grantee shall promptly remove all of its facilities and equipment from the premises of such subscriber upon his written request. Such removal shall be at no cost to the subscriber. -16- SECTION 16. Compliance with State and Federal Laws. The Grantee shall at all times comply with all laws and ordinances of the City, the State of Utah, and the federal government or any administrative agency thereof. SECTION 17. Filing Communications with Regulatory Agencies. Copies of all petitions, applications and communications submitted by Grantee to the Federal Communications Commission, Securities and Exchange Commission, or any other federal or state regulatory commission or agency having jurisdiction in respect to any matter affecting operation, as it specifically applies to the City, shall also be submitted simultaneously to the City by filing the same with the City Attorney. SECTION 18. Restrictions Against Assignment. A. This franchise shall not be assigned or transferred either in whole or in part or leased, sublet or mortgaged in any manner, nor shall title thereto, either legal or equitable, or any right, interest or property therein pass to or vest in any person either by the act of Grantee or by operation of law without the prior written consent of the City, which consent shall not be withheld unreasonably. The granting, giving, or waiving of any one or more of such consents shall not render unnecessary any subsequent consent or consents. B. The consent or approval of the City to any assignment, lease, transfer, sublease, or mortgage of the franchise shall not constitute a waiver or release of the rights of the City in and to the streets . -17- C. Nothing in this section shall be deemed to prohibit a mortgage or pledge of the system equipment of any part thereof or a leasing by Grantee from another person of said system equipment or part thereof for financing purposes or otherwise. Any such mortgage, pledge, or lease shall be made only with the prior approval of the City and shall be subject and subordinate to the rights of the City under this ordinance or applicable law. SECTION 19 . Revocation of Franchise. A. In addition to all of the rights and powers reserved or pertaining to City, the City reserves as an additional and as a separate and distinct power the right to terminate the franchise and all rights and privileges ' of Grantee hereunder in any of the following events or for any of the following reasons: 1 . Grantee shall by act or omission violate any term or condition of this ordinance and shall within thirty (30 ) days following written demand by the City to effect such compliance fail to do so. 2. Any provision of this ordinance shall be finally adjudged by a court of law invalid or unenforceable and the City Council further finds that such provision constitutes at that time a consideration material to the continuance of the franchise herein granted. 3. Grantee becomes insolvent, unable, or unwilling to pay its debts or is adjudged a bankrupt or all or part of Grantee ' s facilities should be sold under an instrument to secure a debt and are not redeemable by Grantee within thirty ( 30 ) days from said sale. -18- 4. Grantee attempts to or does practice any fraud or deceit in its conduct or relations under the franchise with the City or subscribers or potential subscribers. B. No revocation shall be effected unless or until the City Council shall have adopted an ordinance setting forth the cause and reasons for the revocation and the effective date thereof. Such ordinance shall not be adopted without thirty (30 ) •days ' notice prior thereof to Grantee and an opportunity for Grantee to be heard upon the proposed action of said proposed ordinance. In the event such an ordinance is adopted and said ordinance depends upon a finding of fact, such finding of fact as made by the City Council after the hearing provided for shall be conclusive. C. The Grantee shall not be declared in fault or be subject to any sanction under any provision of this ordinance in any case in which performance of any such provision is prevented for reasons totally beyond its control. SECTION 20. Grantee to Have No Recourse. A. Except as expressly provided in this franchise, Grantee herein shall have no recourse whatsoever against the City for any loss, cost, or expenses or damage arising out of the provisions or requirements of the franchise or because of the enforcement thereof by the City nor for the failure of the City to have the authority to grant all or any part of the franchise. B. Grantee expressly acknowledges that upon accepting a franchise, it does so relying upon its own investigation and -19- understanding of the power and authority of the City to grant the franchise. C. Grantee, by acceptance of the franchise, acknowledges that it has not been induced to enter into the franchise by any understanding or promise or other statement whether verbal or written by or on behalf of the City or by any other third person concerning any term or condition of the franchise not expressed herein. D. Grantee further acknowledges by acceptance of the franchise that it has carefully read the terms and conditions hereof and is willing to and does accept all of the risks of the meaning of such terms and conditions and agrees that in the event of any ambiguity therein or in the event of any other dispute. over the meaning thereof, the same shall be construed strictly against the Grantee and in favor of the City. SECTION 21 . Failure of City to Enforce the Franchise. No Waiver of the Terms Thereof. Grantee shall not be excused from complying with any of the terms and conditions of the franchise by any failure of City upon any one or more occasions to insist upon or to seek compliance with any such terms or conditions. SECTION 22. Time is of Essence to this Agreement. Whenever this franchise shall set forth any time for any act to be performed by or on behalf of Grantee, such time shall be deemed of the essence and any failure of the Grantee to perform within time allotted shall always be sufficient grounds for the City to revoke the franchise. -20- SECTION 23. Grantee Will Not Contest Validity of Franchise. The Grantee agrees by the acceptance of the franchise that it will not at any time set up against the City in any claim or preceding any condition or term of the franchise as unreasonable, arbitrary, or void or that the City had not power or authority to make such term or condition, but shall be required to accept the validity of the terms and conditions of the franchise in their entirety. SECTION 24. Rights Reserved to the City. A. Without limitation upon the rights which the City might otherwise have, the City does hereby expressly reserve the following rights, powers and authorities: 1 . To exercise its governmental powers now or hereafter to the full extent that such powers may be vested in or granted to the City. 2. To grant additional franchises within the city to other persons for the conduct of telephone and telecommunication services under any conditions whatsoever acceptable to the City, notwithstanding the same might later be alleged to be more favorable than the rights granted herein. 3. To exercise any other rights powers, or duties required or authorized, the City under the Constitution of the State of Utah, the laws of Utah, or the City ordinances. SECTION 25. Extension of City Limits. Upon annexation of any territory to the City, the right and franchise hereby granted -21- shall extend to the territory so annexed to the extent City has authority; and all facilities owned, maintained, or operated by the Grantee located within, under, or over streets of the territory so annexed shall thereafter be subject to all terms hereof. SECTION 26. Effective Date. This Ordinance shall take effect upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990. CHAIRPERSON ATTEST: CITY RECORDER Transmitted to Mayor on Mayor' s Action: Approved. Vetoed. MAYOR ATTEST: CITY RECORDER -22- STATE OF UTAH ) . ss. County of Salt Lake ) On , personally appeared before me PALMER A. DEPAULIS and KATHRYN MARSHALL, 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 Salt Lake County, Utah My Commission Expires: The foregoing franchise, upon its enactment, is acknowledged and accepted by MCI TELECOMMUNICATIONS CORPORATION, a Delaware corporation, this 14j day of , 1990. By Title: Susan C. Frary, V' a President ATTEST: ynn Drrow Carson ssistant Secretary —23— • STATE OF Texas ) . ss. County of Dallas ) On the day of July , 1990, personally appeared before me Susan C. Frary and H.44- A4cov , who, being by me duly sworn, did say that they are the . Vice President and Assistant Secretary MCI TELECOMMUNICATIONS CORPORATION, a Delaware corporation, and that the foregoing instrument was signed in behalf of said corporation by authority of a resolution of its board of directors (or bylaws); and said persons acknowledged to me that said corporation executed the same. NOT PUBLIC, My Commission Expires: pS • 2z -92 ELM:rc • • -24- EXHIBIT "A" SOUTH TEMPLE STREET CENTERLINE DESCRIPTION A centerline description of a 10 foot wide corridor along South Temple Street and more particularly described as follows: Beginning at a point on the westerly right-of-way line of 1000th West Street, said point being S89°58'36"W a distance of 64.00 feet and SOO°00' 55"E a distance of 98.44 feet from a monument located at the intersection 1000th West Street and South Temple Street, thence N74°04'01"E a distance of 93.55 feet to a point, thence N75°06'01"E a distance of 120.00 feet to a point, thence N78°22'51"E a distance of 100.00 feet to a point, thence N82°02'31"E a distance of 146.00 feet to a point, thence N86°06'31"E a distance of 85.00 feet to a point, thence N04°29'29"W a distance of 12.00 feet to a point, thence S89°46'59"E a distance of 323.64 feet to a point, located NOO°00'55"W 14.60 feet from a monument located at the intersection of 900th West Street and South Temple Street, thence continuing S89°46'59"E a distance of 191.36 feet to a point, thence N67°06'31"E a distance of 10.00 feet to a point, thence S89°50'59"E a distance of 591.43 feet to a point, located NOO°00'55"W a distance of 15.90 feet from a monument located at the intersection of 800th West Street and South Temple Street, thence continuing S89°50'59"E a distance of 792.00 feet to a point located NOO°00'S5"W 13.50 feet from a monument located at the intersection of 700th West Street and South Temple Street, thence continuing S89°50'59"E a distance of 306.57 feet to a point, thence S83°48'29"E a distance of 100.00 feet to a point, thence S89°56'29"E a distance of 200.00 feet to a point, thence N86°16'01"E a distance of 155.00 feet to a point, thence N69°38'01"E a distance of 33.30 feet to a point, located N 00°01'Ol"W a distance of 23.06 feet from a monument located at the intersection of 600th West Street and South Temple Street, thence continuing N69°38'01"E a distance of 51.70 feet to a point, thence N63°48'31"E a distance of 49.23 feet to a point on the northerly right-of-way line of South Temple Street and the termination point of this description, said termination point being located NOO°01'01"W a distance of 62.69 feet and N89°56'34"E a distance of 92.65 feet from a monument located at the intersection of 600th West Street and South Temple Street, total length of line is 3,366.78 feet and contains 33,667.80 square feet or 0.77 acres, more or less. \ / —N— SOUTH TEMPLE STREET /I \ PROPOSED HANDHOLE LOCATIONS PROJECT:, 07017-01 SALT LAKE CITY , UTAH SPAN: aA WLLdS, NV. TO SALT LAX( CITY, UT. N .- MAP FOOTAGE .- r SURVEY is N I I N I I '^ I I RAILROAD LF 1 V MATERIAL LIST QUANTITY' I I I I I I I C BlC _ o f I I I I I I 4—C'IP o i Pvc o m 03 ___ivoi.INDL — _ I SOUTH TEMPLE ST. I I SOUTH TEMPLE ST. I _ G i svu1 GIP a Srul PVC 3 erSa'x'r ril /1 - — — NN 7' K S a •• J AA 00 uN 1' • 1' • 4' ZZ BUR, CA, IIKRS. 3 00'0013"I 3 aPla.x'•r......./ I . S e9'se'x'r� ' 3 197e'x'W� U 10. STRAND 9e as 79300' 732Oa T�300 CO' �; _ 1Pom.CA51N0 UST mCE 0/M f T 10 I I o *TV RAC 0E 1000 WEST I a.O.ETN A/W SOUTH fOU 1 STKICI ro s au a rIl TML 33r311 -nosar I I ;ads% ' I mI1 -a,.s, 1 I I -" I I 1 I I I I I I I 1 I I I WS <r 0 E o ar a t a 0 u m I...-4 VI U 4 Z o / o of I 1 o G u �/ I vaI I W s.9'Se 'I Yq SOUTH TEMPLE ST. I e>_as'x , Y-- — — N 031:W0i r — — — u.ae' DATE x CNGINCC-I JIEERIES ' s w>ex'r I I 3 we x•� -r REVISIONS l =e100 — lYl tN' — 9.R •sza.no• w I r-I I 1 / 1 1 I I — — ^• (N Ju»cnom PIT #1 2.5' X 5' tt 2.5' - 12.5 SO. IT. ___ 544,[ SOUAR ET I IOOIACI BWCEN BOUNORIC$ AND BCIWTIN fiORIZONIAL:J -10Q7:- • PIT /1 - 33617.0 50. IT. VCRIICAL:__]_loQ_ T01AE - 33.6.S0.3 SQUARE 7IET UCP1.10. ILOC.I0.041 MP_ TO MP _ SHEET___1___OF I e., .o. 0 f 7 • VC'. EXHIBIT "B" FIRST SOUTH STREET : - CENTERLINE DESCRIPTION A centerline description of a 10 foot wide corridor along First South Street and more particularly described as follows : Beginning at a point on the northerly right-of-way line of First South Street, said point being N 00° 01' 38"W a distance of 63 . 12 feet and N- 89° 58 ' 22"E a distance of 75.16 feet from a brass cap located at the intersection of First South Street and 500th West Street, thence S 09° 24 ' 46"E a distance of 65 . 88 feet; thence N 89° 58 ' 22"E a distance of 132 . 01 feet to the termination of said 10 feet wide corridor, said point being located S 00° 01 ' 38"E a distance of 2 .00 feet and N 89° 58 ' 22"E a distance of 217 . 91 feet from said brass cap located at the intersection of First South Street and 500th West Street, total length of line is 197 . 89 feet and contains 1978 .90 square feet or 0 .05 acres, more or less . \i/ —N--- FlRST SOUTH STREET /I \ PROPOSED 10' WIDE CORRIDOR PROJECT:/ 07017-01 SALT LAKE CITY , UTAH SPAN: .1ELLS.Nv. TO SALT LAxE OJY.UT. MAP FOOTAGE N arse E 7�.16' SURVEY LF e' RAILROAD LF 1.ATERTAL LIST OUANtrrr CABLE PvC __5039.SNOT SPLIT CIP N 1 SP111 Pv4 AIN 4' • S' • 4. BuR. CA. MxRS. 10M STRAND 441 I S L Y 74. N a97e'22- E 217.e1'• . z '�`� o FIRST SOUTH ST. N•°'3e32"E 11201' ys 0 136'E 20o a. � INS.enAss CAP C/I PROPOSED 10' WOE L CORRIDOR u � N 3 Vo �— Z o •(n D w • DATE ENGINEER JEITWES REVISIONS a.n __ — vRRRTj ;-lR- YERTICAL• ''la UEPT.ID.11«J LOC.ID.011 UP_TOUP — SHEET OF at a • • b3 r A' ' MrOR JJ tI.ONi ROGER F. CUTLER .+��r mo.r•m. ASSISTANT ATTORNEYS CITY ATTORNEY RAY L. MONTGOMERY STEVEN W. ALLRED LAW DEPARTMENT GREG R. HAWKINS OEPUTY CITY ATTORNEY CITY AND COUNTY BUILDING LARRY V. SPENDLOVE BRUCE R. BAIRDRD CHERYL D. LUKE 451 SOUTH STATE STREET, ROOM 505 FRANK M. NAKAMURA CITY PROSECUTOR SALT LAKE CITY, UTAH 84111 ASSISTANT PROSECUTORS TELEPHONE (801) 535-7788 CECELIA M. ESPENOZA GLEN A. COOK FAX (801) 535-7640 JANICE L. FROST MARSHA ATKIN July 12, 1990 MEMORANDUM TO: Mayor Palmer A. DePaulis FROM: Greg R. Hawkins Assistant City Attorney RE: Ordinance Pertaining to Approaching Emergency Vehicle--Vehicle and Pedestrian Duties Subject and Recommendation: Attached are 17 draft copies and one final copy of a proposed ordinance which would modify certain sections of the City Code pertaining to Approaching Emergency Vehicle--Vehicle and Pedestrian Duties. Request is made herewith that this ordinance be submitted to the City Council for its consideration and enactment. Funding: There is no need of any increase in funds. It is anticipated there will be no impact on the budget. Background and Discussion: 1 . State law has been changed regarding the use of lights and sirens on emergency vehicles. The State used to require both lights and sirens to be used; it now only requires either lights or siren to be used. The City has not changed its ordinance to conform to State law and it is in the best interests of the City to make the change. Mayor Palmer A. DePaulis July 12, 1990 Page -2- 2. We recommend the change to avoid any question as to which law should apply within city limits. Conforming to State law will save litigation and prosecution time necessary to resolve the issue of whether or not the State law or City ordinance should apply to emergency vehicles. 3 . The alternative is to continue to be out of step with current State law and cause uncertainty as to which law applies. Most times officers use only lights to attract the attention of traffic violators as use of a siren startles drivers into unsafe acts. Confirmation that officers need only use lights eliminates possible challenges to the practical approach used by officers. 4. I am attaching the proposed ordinance which has been approved as to form. Contact Person: Greg R. Hawkins, Assistant City Attorney, will be available to answer questions regarding this ordinance. He can be reached by telephone at 535-7788. GRH:rc • ®RAFT (^ SALT LAKE CITY ORDINANCE No. of 1990 (Approaching emergency vehicle--Vehicle and pedestrian duties) AN ORDINANCE AMENDING TITLE 12, CHAPTER 44, SECTION 220 OF THE SALT LAKE CITY CODE, 1988, AS AMENDED, RELATING TO APPROACHING EMERGENCY VEHICLE--VEHICLE AND PEDESTRIAN DUTIES. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Title 12, Chapter 44. Section 220 of the Salt Lake City Code, 1988, as amended, relating to Approaching emergency vehicle--Vehicle and pedestrian duties, be, and the same hereby is, amended to read as follows: 12-44-220 Preliminary notice to owner. Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle, [and] or when the driver thereof is giving a signal audible for five hundred feet by siren, exhaust whistle or bell: A. and B. * * * SECTION 2. This ordinance shall take effect upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990. CHAIRPERSON • • ( . ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor's Action: Approved. Vetoed. MAYOR ATTEST: CITY RECORDER (SEAL) Bill No. of 1990. Published: . GRH:rc -2- LEE KING wr�a��' T�Yi matRimolf DIRECTOR COMMUNITY and ECONOMIC DEVELOPMENT Capital Planning and Programming CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, ROOM 418 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7902 July 9, 1990 TO: Alan G. Hardman, Chair Salt Lake City Council RE: RESOLUTION AUTHORIZINC THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY AND SALT LAKE COUNTY TO PURCHASE THE FELLOWSHIP FOUNDATION BUILDING AT 1380 RICHARDS STREET RECOMMENDATION: That the City Council execute the attached resolution authorizing the Mayor to enter into an Interlocal Cooperation Agreement between Salt Lake City and Salt Lake County to purchase the Fellowship Foundation building at 1380 Richards Street, Salt Lake City, Utah. FUNDING: Salt Lake City will contribute $60, 000 from 16th Year CDBG funds and Salt Lake County will contribute $25, 000 from 16th Year CDBG funds . BACKGROUND AND DISCUSSION: Salt Lake City, by purchasing the Fellowship Foundation building, will be able to solve the land- use conflict on Richards Street between the single-family residential uses and the non-profit meeting uses at Fellowship Hall and accommodate the operational and expansion needs of the Fellowship Foundation. The City will purchase the Fellowship Foundation building for $83,000 (plus $2, 000 for appraisal and closing costs ) . The Fellowship Foundation will then demolish the building and clear the site. The City will then redevelop the property to a residential use to benefit low/moderate income people. CONTACT PERSON: Bob Gore, 535-7122 . Sincerely, P` DQ Lee Ki Director RESOLUTION NO. OF 1990 AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY AND SALT LAKE COUNTY 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 between Salt Lake City and Salt Lake County to purchase the Fellowship Foundation building at 1380 Richards Street, Salt Lake City, Utah. 2 . Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is here 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 , 1990 . SALT LAKE CITY COUNCIL By ATTEST: CITY RECORDER SALT LAKE COUNTY Contract Number: NV1610C INTERLOCAL COOPERATION AGREEMENT between SALT LAKE COUNTY AND SALT LAKE CITY for FOR CONTRIBUTION TO A COMMUNITY DEVELOPMENT PROJECT - FELLOWSHIP FOUNDATION THIS AGREEMENT is entered into and shall be effective as of July 1 , 1990 , by and between SALT LAKE COUNTY, a body corporate and politic of the State of Utah (the County) , and SALT LAKE CITY, a municipal corporation of the State of Utah (the City) . RECITALS: A. The Federal Housing and Community Development Act of 1974, as amended (the Act) , provides for the financial participation of the federal government in various state and local housing and community development activities and programs which are administered by the U.S. Department of Housing and Urban Development (HUD) . B. The Act specifies that its primary objectives include the improvement and development of local urban and metropolitan communities by providing financial assistance to them under a block grant program (CDBG) for the conduct and administration of housing and community development activities and projects as contemplated under the Act (the CDBG Program) : C. The City and the County (the Parties) are each qualified under the Act and under separate entitlements to receive and do receive CDBG funds from HUD by annual grant agreements to conduct various community development projects under the that Program; D. The Parties have mutual interests in assisting in the construction and other improvements of certain property and facilities in the City and known as the Fellowship Foundation and have determined that building acquisition is in the public interest and qualifies as a project under the HUD rules and regulations for which CDBG Program funds may be expended (the Project) ; E. The Parties in conjunction with the Fellowship Foundation have decided that it is desirable to have the Project accomplished as a cooperative effort between them but that the City should be the lead agency and responsible for the actual oversight of the acquisition of the Project as may be provided in an agreement between the City and the Fellowship Foundation and that the County should participate only to the extent of contributing to the costs thereof from its CDBG funds; and F. Under the various provisions of Utah law governing contracting by governmental entities and by virtue of the specific authority granted therefor by the Interlocal Cooperation Act, Utah Code Annotated, Sections 11-13-1, et seq. , 1953, as amended, any two or more political subdivisions of the state may enter into agreements with one another for joint or cooperative action and may contract with each other to perform any governmental service, activity or undertaking which each political subdivision entering into the contract is authorized by law to perform; THEREFORE, in consideration of their mutual promises, representations and other provisions contained herein, the Parties agree as follows : 1. Under a CDBG Project agreement between the City and the Fellowship Foundation, the City shall be responsible for the actual acquisition of a building for the Fellowship Foundation . The Fellowship Foundation is located at 1380 Richards Street, Salt Lake City, Utah. The acquisition has been designated as a City Project under its CDBG Program and is identified by the name of the property to be acquired and the assignment of a City project. (a) Fellowship Foundation - The Project is described with more particularity in the plans and specifications and other contract documents for the Project which are on file at the offices of the City Engineer's Division and which are incorporated herein by this reference thereto. 2. It is estimated that the total cost of the Project to be contributed by the Parties and to be paid out of 16th year CDBG Program Year 'funds is $85,000 . Of that total the County will contribute $25,000 and the City will contribute $60,000 . As the lead agency, the City will bill the County for payment of the County's share of the costs incurred on the Project. The amount of the billings, however, shall not exceed the amount shown above as the County's share. The City shall specify in the bill the Project name, number, total costs incurred and the County's share of the Project costs . The County agrees to pay the billed amounts to the City in a timely manner, which amounts are hereby fixed for this Project for contribution by the County at a ceiling not-to- exceed $25, 000 unless changed by a written amendment of this agreement. It is understood that the City has or will enter into a separate agreement with the Fellowship Foundation regarding the conduct of the Project and the City's obligation toward the financing of the Project. Under that agreement, the responsibilities of the Fellowship Foundation toward the financing and conduct of the Project will also be set forth and the County's participation will be limited as provided herein. In addition, the parties acknowledge that, by this agreement, the County incurs no responsibility or additional liability for the conduct of the Project or for the operation, maintenance, construction or repair of the Project or otherwise. 3 . The County represents that its ability to participate in and contribute financially to the Project is based upon the County' s general powers, as provided by law, to provide for or assist in the care, maintenance and relief of the indigent sick or dependent poor persons and may provide social services for County residents on a county-wide basis . 4 . The Project will be using CDBG Program funds, and therefore, the Parties agree to comply, as appropriate, with the provisions of the Act and all applicable rules and regulations, circulars, guidelines, directives and other requirements of the departments and offices of the federal government that pertain to the conduct of Community Development projects and activities . 5 . In the conduct of the Project, the City will provide for all necessary professional services, administration, contracting and supervision and will cause all contractors to provide the required payment and performance bonds and general liability insurance and to have the bonds and insurance structured and conditioned so that the Parties are protected from any and all liability for liens, claims, or damages of any kind or nature arising out of the performance of the Project. 6 . This agreement shall not have a specific period of performance but shall terminate at any time upon the mutual written consent of the Parties or when the Project has been completed and all payments have been made as required by this Agreement, as it may be amended or supplemented. IN WITNESS WHEREOF, the Parties have caused this agreement to be duly executed by their authorized officers on the dates indicated as follows: Salt Lake City, , 1990 Salt Lake County, , 1990 SALT LAKE CITY CORPORATION BY PALMER A. DePAULIS, MAYOR ATTEST: City Recorder (Seal) SALT LAKE COUNTY BY D. MICHAEL STEWART, CHAIRMAN Board of County Commissioners ATTEST: H. DIXON HINDLEY Salt Lake County Clerk (Seal) APPROVED AS TO FORM: Salt Lake County Attorney's Office By Deputy County Attorney Date: ...1)45) JOSEPH R. ANDERSON Slagle WI MVO' PALMER DEPAULIS PUBLIC WORKS DIRECTOR MAYOR DEPARTMENT OF PUBLIC WORKS 451 SOUTH STATE STREET, SUITE 507 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7775 TO : SALT LAKE CITY COUNCIL DATE: JULY 17 , 1990 REFERENCE: An Agreement between Salt Lake City Corporation and The Utah Department of Transportation , to make improvements at an existing Park & Ride lot at 10th North and I- 15 . RECOMMENDATION; That the Salt Lake City Council adopt a resolution granting approval for the Mayor to sign an agreement on behalf of Salt Lake City Corporation . AVAILABILITY OF FUNDS; NA DISCUSSION ; Under the terms of this agreement the UTAH DEPARTMENT OF TRANSPORTATION will make improvements at the Park & Ride lot at no cost to Salt Lake City . Upon completion of the work the City will inspect UDOT's work and upon the City's approving said work , the area will be conveyed to the City . Salt Lake City will then be responsible for the lot and all maintenance . SUBMITTED BY: JOSEPH R. ANDERSON, PUBLIC WORKS DIRECTOR ,g'\ J\� RESOLUTION NO. OF 1990 AUTHORIZING THE APPROVAL OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND UTAH DEPARTMENT OF TRANSPORTATION WHEREAS, Title 11, Chapter 13, U.C.A. , 1953, as amended, allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purposes; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1. It does hereby approve the form and substance of the attached agreement as follows: An agreement involving certain improvements to a park and ride lot at 10th North and I-15 in the City by UDOT, and if said improvements are satisfactory to the City, the transfer by UDOT of title and maintenance responsibility thereafter to the City. 2 . Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is hereby authorized to approve said agreement on behalf of Salt Lake City Corporation, subject to any minor changes which do not materially affect the rights and obligations of the City thereunder. Passed by the City Council of Salt Lake City, Utah, this day of , 1990. SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: CITY RECORDER RLM:rc 7 -�v- PD.... . Pec6rci ._ PARK AND RIDE LOT; It Lake County 10th North and I-15 SALT LAKE CITY CORPORATION ES-15 AGREEMENT THIS AGREEMENT, made and entered into this day of - -, 1990, by and between the UTAH DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "UDOT" and SALT LAKE CITY CORPORATION, a Municipal Corporation of the State of Utah, hereinafter referred to as the "City" , WITNESSETH: WHEREAS, a Park and Ride lot exists at 10th North and I-15 in Salt Lake City, Salt Lake County, Utah which is shown on UDOT's plans which by this reference are made a part hereof; and WHEREAS, the parties hereto have met and negotiated terms and conditions under which said Park and Ride lot will be improved, owned and maintained. THIS AGREEMENT is made to set out the terms and conditions whereunder said work shall be performed. NOW THEREFORE, it is agreed by and between the parties hereto as follows : 1 . UDOT will make the following improvements or furnish the following materials at no cost to the City: a . Remove the existing fence along a portion of the south side of the property. b. Remove the existing poles and posts near the south west portion of the property. c. Clean the area of the planned parking lot, repair any areas needing repair, pave the parking area with 2" of asphalt, stripe the lot for parking and place wheel stops along the north and east sides of the property to protect the existing fences . Also provide a motorcycle parking area on the north east corner of the parking lot and place concrete barrier along the down guy to protect it from being hit. ORIGINAL DOCUMENT • PROPERTY OF SALT LAKE CITY RECORDER'S OFFICE 1 451 SO. STATE, RM. 415 SALT LAKE CITY, UTAH 84111 • PARK AND RIDE LOT; ; .t Lake County 10th North and I-15 SALT LAKE CITY CORPORATION ES-15 1. (Cont'd) d. Provide the necessary valves , pipe, sprinkler heads , timer and other necessary materials to water the parking strip along the front of the property. These materials are to be furnished after the system is designed and a list of material needs is developed by the City. e . Furnish a deed for the property to the City. The deed will restrict the City from selling all or a part of the property for purposes other than public use. 2 . Upon completion of the work the City will inspect UDOT' s work and upon City's approving said work, the area occupied by the parking lot will be conveyed to the City. The City will : a. Be responsible for the lot and carry out the functions it feels are necessary to provide the appropriate service to those using the lot. b. Design the sprinkler system for the planned landscape of the lot and furnish a list of the -. materials needed for the sprinkling system to the UDOT District No . 2 Office. 3 .Upon completion of the above listed items or on October 1 , 1990 the UDOT will have no further expense for this lot and all such expense will become the responsibility of the City. ORIGINAL DOCUMENT PROPERTY OF SALT LAKE CITY RECORDER'S OFF!CE 451 SO. STATE, RM. 415 SALT LAKE CITY, UTAH 84111• 2 PARK AND RIDE LOT; £ t Lake County 10th North and I-15 SALT LAKE CITY CORPORATION ES-15 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by its duly authorized officers as of the day and year first above written . ATTEST: SALT LAKE CITY CORPORATION, - - Municipal Corporation of the State of Utah KAT!-PM/A,lkAeggugLL PAt MER A. DE PAULIS Title Title CrY M`-_�. ir1�ER MAYOR ( IMPRESS SEAL) ********************************** ******************************** ATTEST: UTAH DEPARTMENT OF TRANSPORTATION By Secretary Engineer for Preconstruction RECOMMENDED FOR APPROVAL APPROVED: Engineering Coordinator Director of Finance APPROVED AS TO FORM: R. PAUL VAN DAM, ATTORNEY GENERAL by: Title: Assistant Attorney General FINANCE V Funds Not No ORIGINAL Dina" T ford;Avail-able Cc-,,ram PROPERTY OF SALT LAKE Ar+CP.N 'A ��vAl. CITY RECORDER'S OFF!-E 451 SO, STATE, R APPROVED F5 TO FORM SALT LAKE BAH 84111 - - 3 MIKE ZUHL S1_s {1/�'A111J; G_ITY CORPORATION,_ LEE KING INTERIM DIRECTOR h DEPUTY DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 418 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 To: Salt Lake City Council July 30, 1990 Re: Petition No. 400-812-88 submitted for the Church of Jesus Christ of Latter Day Saints Recommendation: That the City Council hold a non advertised publish hearing on September 4, 1990 at 6:40 p.m. to discuss Petition No. 400-612- 88 submitted by the Church of Jesus Christ of Latter Day Saints. The petitioners are requesting that Gordon Place between Main and State Streets be vacated. Availability of Rinds: Not applicable. Discussion and Background: The properties fronting on Gordon Place were never part of a subdivision and dedication of the street was never requested. The City Attorney's Office has determined that since the Gordon Place right-of-way has the appearance of a street and the City has in the past provided services i.e. Snow removal and garbage collection, the petition should go through a formal street closure process with a hearing before the City Council. The right-of-way has been used by the public as a street since at least 1889 for pedestrian and vehicular access. This petition has been reviewed by the Planning Commission and the Historical Landmark Committee and they have recommended approval with the stipulation that a right-of-way or easement be provided on the property to ensure public pedestrian access through the property. This right-of-way will become part of a walking trail system proposed in the Open Space Plan. Legislative Action: 'The City Attorney's Office has prepared and approved the necessary ordinance and it is ready for your action. ubmitted by: ICHAEL B. Z Interim Direc Community & Economic Development SALT LAKE CITY ORDINANCE No. of 1990 (Vacating Gordon Place between Main and State Streets pursuant to Petition No. 400-612-88, subject to certain conditions) AN ORDINANCE VACATING GORDON PLACE BETWEEN MAIN AND STATE STREETS PURSUANT TO PETITION NO. 400-612-88, SUBJECT TO CERTAIN CONDITIONS. WHEREAS, the City Council of Salt Lake City, Utah, finds after public hearing that the City' s interest in the public street and right-of-way described below is not necessary for use by the public a street and right-of-way and that vacation of said street and right-of-way will not be adverse to the general public' s interest. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Gordon Place, between Main and State Streets, which is the subject of Petition No. 400-612-88, and which is more particularly described below, be, and the same hereby is, vacated and declared no longer to be needed or available for use as a public street or right-of-way, SUBJECT TO certain conditions. Said street and right-of-way is more particularly described as follows: DESCRIPTION OF 10 FOOT WIDE RIGHT OF WAY A 10 FOOT WIDE RIGHT-OF-WAY, 5 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT NORTH 0°02 ' 13" WEST 99.00 FEET FROM THE SOUTH CORNER OF LOT 4, BLOCK 93, PLAT "A" , SALT LAKE CITY SURVEY AND RUNNING THENCE NORTH 89°58 ' 50" EAST 298.00 FEET. GORDON PLACE - RIGHT-OF-WAY DESCRIPTION BEGINNING AT A POINT SOUTH 90. 75 FEET FROM THE NORTHEAST CORNER OF LOT 7, BLOCK 93, PLAT 9U p�i' "A" , SALT LAKE CITY SURVEY, AND RUNNING v' � � THENCE EAST 36.22 FEET, MORE OR LESS, TO THE WEST LINE OF STATE STREET; THENCE SOUTH 12.00 FEET; THENCE WEST 168. 22 FEET, MORE OR LESS, THENCE NORTH 81°16 ' WEST 116 . 85 FEET; THENCE NORTH 2. 5 FEET; THENCE WEST 114. 5 FEET; THENCE NORTH 16. 5 FEET; THENCE EAST 114. 5 FEET; THENCE NORTH 1 .0 FEET; THENCE SOUTH 82°14 ' EAST 83. 26 FEET, MORE OR LESS; THENCE SOUTH 1 . 43 FEET, MORE OR LESS; THENCE SOUTH 76°09 ' EAST 53 . 97 FEET; THENCE EAST 112 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINS 0. 15 ACRES, MORE OR LESS. SECTION 2. RESERVATIONS AND DISCLAIMERS. The above vacation is expressly made SUBJECT TO all existing rights-of-way and easements of all public utilities of any and every description now located on and under or over the confines of the property and also SUBJECT TO the rights of entry thereon for the purposes of maintaining, altering, repairing, removing or rerouting said utilities, including the City' s water and sewer facilities, and all of them. SECTION 3. CONDITION. This ordinance shall not become effective until the petitioner grants to the City, in a form acceptable to the City, a perpetual easement for public pedestrian access through the property. -2- SECTION 4. EFFECTIVE DATE. This ordinance shall become effective on the date of its first publication. The City Recorder is instructed not to publish this ordinance until the Mayor certifies that the condition in Section 3 above has been met. If the condition has not been met within one year from the date of this ordinance the Mayor may extend the time for compliance an additional year. If the condition has not been met within any extension this ordinance shall be null and void and of no effect. Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . CHAIRPERSON ATTEST: CITY RECORDER %�/ Transmitted to the Mayor on Mayor' s action: Approved Vetoed. MAYOR ATTEST: CITY RECORDER -3- (SEAL) BILL NO. OF 1990. Published: . BRB:rc -4- SALT' .1 MTV- CORPORMON' ALLEN C. JOHNSON, AICP PLANNING AND ZONING Al ANNING DIRECTOR COMMISSION MEMBERS COMMUNITY AND ECONOMIC DEVELOPMENT WILLIAM T. WRIGHT, AICP RALPH BECKER DEPUTY DIRECTOR PLANNING DIVISION DAN BETHEL SUPERVISOR LONG RANGE PLANNING Planning and Zoning Commission CINDY CROMER AND URBAN DESIGN THOMAS A. ELLISON SANDRA MARLER 451 SOUTH STATE STREET LAVONE LIDDLE-GAMONAL SECRETARY ROOM 406, CITY AND COUNTY BUILDING RICHARD J. HOWA RALPH P. NEILSON SALT LAKE CITY, UTAH 84111 GEORGE NICOLATUS July 9, 1990 TELEPHONE 535-7757 JOHN M. SCHUMANN Mike Zuhl , Interim 1-) rectur Community dlid Ecenomid. City and County Building Salt Lake City, UT U1111 Re: Petition 400- 612 ( !prdon Place Dear Mike: Attached please find th adeve 1 petition hy the 'LDS Church LE:Huestin v 'ate f-:ea_dldn Place between Main and State The plopeitie's fronting on c,oidun Place wer- never part o-F- subdivision and dedication of the street wat hever recluested. All properties, ey.cept the Uimball :z•:partments , 15C North Main, were purchased by the LDH Church aid are rmiw in inc ownership. Prior ) this sale each orcel had owneiTship lh the existing right - _ :-way. The City Attorney s uf-Fic,, has doteltmihed that since the Cordon Place right -of-way has the appedTance of a stroet and the City has in the past provided 5er7icer• ( le. snow removal and garbage collection ) the petition should COo through a toial street closure process with a hearing hofure the City Council . The right -of-way hds heeh used by the public az a street since at least 1089 foF pedestrian and vehicnir The Planning Cumiftission and the Hi rt . ricl Landmark Committee recommend dpplov_11 of t_his petition with the sttpulation that a right-of-way of edement PH provided on the bruperty to ensure public pedestrian acc.szg through the pLoperty. This would allow the City to cainraii ii interest in the prperty while allowing the public to IOU tn lliLIII5eI walkwee ,thd allowing the [CS Church to develop the eh f way WIll luec:on ,, part of a walking trail propozed in the (CpeP .:;paoe Plan. Page Mike Zuni July 9, 1990 Re: Petition 400-612 - If yuu have any iFtS. . pjuauiii rA_ Ti nr De. SinC -Allen' C . Juhnun, Planning Direct atta,:hnent. PC MINUTES Page 4 September 14, 1989 Mr. Bill Wright pointed out that a formal hearing would be held on this matter by the Mayor's Hearing Officer. Ms. Liddle-Gamonal moved to recommend denial of this petition to the Mayor's Hearing Officer. Mr. Howa seconded the motion; all voted "Aye." Petition No. 400-612 by the LDS Church requesting SLC to vacate Gordon Place between Main and State Streets. Mr. Bil Schwab presented the staff report and stated that Zions Securities Corporation is requesting Salt Lake City Corporation vacate a prescriptive use right-of-way on Gordon Place, 150 North State between State and Main Streets, and relinquish all interest in the property. The street has been used by the public since at least 1889 for pedestrian and vehicular access. Demolition of 17 structures on Gordon Place occurred in August 1989. The properties fronting on Gordon Place were never part of a subdivision and, therefore, dedication of the street was never requested. All properties, except the Kimball Apartments, 150 North Main Street, were purchased by the LDS Church and are now in one ownership. Prior to this sale each parcel had ownership in the right-of-way. The Historical Landmark Committee reviewed and approved demolition of the houses with a reccmendation that the City maintain a prescriptive use right-of-way or an easement to rinsure that future development would include the public interest and allow public access through the property. The LDS Church has, in concept, agreed to comply with this request. The post demolition plan submitted shows a landscaping development plan to be • implemented in three phases. A public walkway is included along with the restoration of four houses fronting on North State Street. The LDS Church would maintain and provide security to the property. Existing records show that the petitioner is the title holder and owner of the parcels in question where the right-of-way exists. A closure or vacation hearing before the City Council is necessary pursuant to Statutory Procedures, Section 27-12-89, Utah Code Annotated. This requires a recommendation from the Planning Commission. All Departments concerned with the disposing of property have been contacted and have expressed no opposition to the street closure. If necessary, an assessment of the right to prescriptive use could be made and the value of that appraisal used as part of an exchange for land or improvements. Staff recommends the City close the street but maintain either a prescriptive use right-of-way or an easement on the property. This would allow the City to maintain an interest in the property while allowing the public to use the walkway and allowing the LDS Church to develop this site. This access would • become part of a walking trail system proposed in the open space plan. Mr. Ken Money, representing Zions Securities, stated that they would prefer a limited use prescriptive use right-of-way, rather than an easement, be granted 4////7 PC MINUTES Page 5 September 14, 1989 0 (ito the City. He added that they are also desirous of installing gates at the entrances for security reasons. These gates would be open for pedestrian access during the daytime but would be closed and locked at night. Mr. Money stated that the reasons for the limited use prescriptive right-of-way were for security reasons as well as to limit the use to pedestrians. A discussion followed on the difference between a prescriptive use right-of- way, how the prescriptive use right-of-way had come into existence, the path of the pedestrian trail, and Mr. Money's request for the limited use clause. Mr. Howa moved to recommend approval of the street closure, that the City maintain the prescriptive use right-of-way, and that a limited use contract be developed for security reasons and limiting the use to pedestrian traffic. Ms. Liddle--Gamonal seconded the motion; all voted "Aye. " Petition No. 410-018 by Utah Communications, Inc. , requesting a conditional use to construct a self-support tower to support two parabolic antennas and one horn antenna north of Ensign Peak. Mr. Allen McCandless presented the staff report and stated that this is an application by Darrell Miller from Utah Communications to the City for a conditional use to construct a self-supporting tower, not to exceed 70 feet in height, for a horn antenna and a parabolic antenna. The space for the tower 411 is to be leased to another company by Utah Communications. A fence will be installed around the new structure. The site is located within the designated telecommunications corridor north of Ensign Peak. Relating to the construction of towers within the established telecommunications site, the City's ordinance states the Board of Adjustment may - srmit, upon a favorable recommendation from the Planning and Zoning Commission, a permit to use land within the P-1 district for a telecommunications facility, provided the Board finds: 1. The facility is located within the telecommunication site as described, 2. The facilities and access roads are designed and constructed so as to minimally disturb the natural terrain, 3. The owner of the tower agrees to accommodate the multiple use of the tower where feasible, and 4. The owner of the tower agrees to pay to the city the fair market rental value for the use of the site. Heights: Mr. Miller has indicated that a 110 foot high tower now exists on the Utah Communications site being the highest tower within the ® telecommunications site. The proposed 70 foot tower will be lower than the existing tower. The new tower is planned to support two pieces of communication equipment. Though placed within the approved site, any substantial piece of new equipment will be visible for miles away in both Salt Lake and Davis Counties. SALT LAKE CITY PLANNING AND ZONING COMMISSION PETITION NO. 400-612 BY ZIONS SECURITIES CORPORATION TO VACATE PUBLIC ACCESS ON GORDON PLACE ( 150 NORTH BETWEEN STATE AND MAIN STREETS) OVERVIEW Zions Securities Corporation is requesting that Salt Lake City Corporation vacate a prescriptive use right-of-way on Gordon Place, 150 North State between State and Main Streets , and relinquish all interest in the property . The street has been used by the public since at least 1889 for pedestrian and vehicular access . Demolition of 17 structures on Gordon Place . occurred in August 1989 . The properties fronting on Gordon Place were never part of a subdivision and, therefore, dedication of the street was never requested . N F ..ny.. ___^ , II_7 M_L.a N Ant 1111 ,./:._.,7.,.-,T7._,,,t-. la la l r w l• I e P A R K L `'G. i C!nlrw r"vr 'l D' • i ,' ' :111----IL'BIZ �. ' s ai "2 1/�. y�, pp .f 7 . Fri ', � y�— �1y` K T ��e ��titt'i— , `. tea.. r... r ... YFr. rf r-1'. P A R k "G ' C.� L I l.... .i ii 4. 9_1ze _ I BACKGROUND All properties , except the Kimball Apartments, 150 North Main Street, were purchased by the LDS Church and are now in one ownership. Prior to this sale each parcel had ownership in the right-of-way. The Historical Landmark Committee reviewed and approved demolition of the houses with a recommendation that the City maintain _ prescriptive use right-of-way or an easement to insure that future development would include the public interest and allow public,, access through the property . The LDS Church has , in concept , agreed to comply with this request . The post demolition plan submitted shows a landscapinc development plan to be implemented in three phh e- . A pub I i ,_ walkway is included along with the restorati ' i ,f four houses fronting on North State Street . The LDS Church would maintain and provide security to the property . Staff Report, Pet . No. 400-612 Page Two ANALYSIS Existing records show that the petitioner is the title holder and owner cf the parcels in question where the right-of-way exists. A closure or vacation hearing before the City Council is necessary pursuant to Statutory Procedures , Section 27-12-89 , Utah Code Annotated . This requires a recommendation from the Planning Commission . All Departments concerned with the disposing of property have been contacted and have expressed no opposition to the street closure. If necessary , an assessment of the right to prescriptive use could be made and the value of that appraisal used as part of an exchange for land or improvements . RECOMMENDATION The staff recommends that the City close the street but maintain either a prescriptive use right-of-way or an easement on the property. This would allow the City to maintain an interest in the property while allowing the public to use the walkway and allowing the LDS Church to develop this site . This access would become part of a walking trail system proposed in the open space plan. BS/pm September 7 , 1989 * Field trip leaves t__ .;raptly at 4:00! AGENDA PLANNING AND ZONING COMMISSION MEETING SEPI'EMBER 14, 1989 5:00 p.m. 451 South State Strect, Room 126 1. APPROVAL OF MLN(TI'ES FOR THURSDAY, AUGUST 24, 1988. 2. CCNSENT CALENDAR a. Historical Landmark Cases from September 6, 1989. 3. PETIT'Ias * a. Petition No. 500-68 by George P. Garcia dba "Linda's Lounge" requesting an appeal of Section 6.08.120 for a Class "C" beer license at 28 North 900 West which is within 600 foot of a church and a park. * b. Petition No. 400-612 by the LDS Church requesting SLC to vacate Gordon Place between Main and State Streets. "� Lu t� uC / 4. COS D1TIcNAL USE PETITIONS /0— j �,A. * a. Petition No. 410-018 by Utah Communications, Inc. , requesting a conditional use to construct a self-support tower to support two parabolic antennas and one horn antenna north of Ensign Peak. *)( Petition No. 410-012 by Carman and Associates requesting a conditional use approval at 420 South 500 East for a specialty type automobile service center in a Commercial "C-1" zoning district. * c. Petition No. 410-007 by Robert Smith for Salt Lake Clinic requesting a conditional use to construct a parking lot in a Residential "R-6" zoning • district located at 935 East 400 South. 5. PLANNING ISSUES a. Discuss Airport Gateway Redevelopment Plan. b. Discuss Site Development Ordinance. 6. OTHER BUSINESS a. Subcommittee Reports. ALLEN C. JOHNSON MEMBERS: PLANNING DIRECTOR CITY T!�An �]T CINDY CROMAR VERENE SEARS SALT'LAKE CITY CORPORC21, TI®l.'1I LAVONE L THOMAA. ELLISONAL SECRETARY EX-OFFICIO MEMBERS: DEPARTMENT OF DEVELOPMENT SERVICES RALPH P. NEILSON C--FORGE NIC OLATUS MAYOR OF SALT LAKE CITY Planning and Zoning Commission WILLIAM PRICE CITY ENGINEER 32'4 SOUTH STATE STREET. ROOM 200 JOHN M. SCHUMANN CITY TRAFFIC ENGINEER SALT LAKE CITY, UTAH 84111 F. KEITH STEPAN CITY BUILDING OFFICIAL 535-7757 PETER VANALSTYNE KATHY WACKER June 30, 1988 TO: Craig E. Peterson C FROM: Bil Schwab RE: Gordon Place, L.D.S. Church, and Historical Landmark ConUnittec (HLC) , Cases #745, 757, 758 The Historical Landmark Committee (HLC) heard a request by the L.D.S. Church on April 6, 1988 requesting demolition of all structures on Gordon Place (approximately 150 North on North State) . The proposal included 18 structures on Gordon Place and four structures on North State. A conceptual park plan was submitted as the post-demolition plan. During the first committee meeting several issues were addressed: the importance of the area's location to downtown, the desire to develop alternatives to demolition that could be developed if the L.D.S. Church would participate in a Master Plan because of its many properties in the surrounding area which are under HLC's preview. The representatives of the Church were requested to go back and ask if these issues could be dealt with. The following Friday, representatives of the Church and City staff met, and it was reported at that meeting that the Church was not interested in examining any options to demolition, and they did not want to participate in the Master Plan. As as result, negotiations ended. A great deal of publicity followed this city project. It was tabled by the HLC, and not much has changed (see attached minutes) . In the early 80's the Salt Lake City Planning and Zoning Division did a block redesign proposal for Gordon Place to qualify residents for CDBG funds (attached) , but found absentee landlords to be a problem. Investment in the redevelopment of this street was speculative. As a result, lack of maintenance and neighborhood pride has left the area looking dilapidated and blighted. Several social problems arose over time, and the area became associated with undesirable elements. Along with these, a parking problem exists where most people park in the front yard. Craig E. Peterson June 30, 1988 Page 2 Over time, the conversion of single-family residential homes into apartments, without the required off-street parking, has complicated and compounded the parking situation. Also, to the south, the L.D.S. Church constructed a large computer center, which somewhat created an intrusion into the neighborhood and created an air of speculation as to the future of Capitol Hill. This left a stifling effect upon any future investment into Gordon Place. Several of the houses on State Street were renovated. Because of Lb - lack of reinvestment into existing housing, the plans and future of Cordon Place have been tenuous. Deterioration has become a compounded effect. It was reported in the first meeting that the L.D.S. Church had done a report on the historical significance of the area for their own use and said there was no particular historical value to the Church. The HLC has not seen this report. The committee did not view this as being an accurate perception of the overall historical significant character of Capitol Hill. Capitol Hill is one of the gateways to the city and a vista corridor, and its historical development is important, not only physically but culturally. The HLC h taken a counter position and feels the demolition is not acceptable. Wholesale demolition is the most radical solution to the problem, whereas selective demolition could prove a viable alternative. The committee feels a plan could be developed that would work. This could become an implementive technique of the Master Plan which calls for residential land use and housing in that area. The Zoning is "R-5." The 22 housing units proposed for demolition are comparable to an average residential city block. This is an important component to any neighborhood. The HLC perceives the role of the L.D.S. Church here as a developer, one with which a partnership can be formed to accomplish an implementation of the Master Plan and together provide a pleasing environment for Salt Lake City's residents. The Kimball. Cemetery is by far the most significant site on Cordon Place and is important to the L.D.S. Church, as well as the III,C. The four homes on North State Street and the future of North State Street are of prime concern to the Committee and would be the first priority in any negotiation for preservation. The treatment of the south side of the houses next to the computer center is an important element in maintaining a pleasing streetscape for North Temple. Gordon Place is important as a unique and significant site due to its location, dense development, and street irregularities in contrast to our normal downtown wide, straight streets. Mere is no other street with close proximity to downtown with these unique characteristics. This street shows an historically irregular development pattern and the division of the old Kimball property as it developed and water became accessible. The City does not have ownership in Gordon Place as a street but has an established legal right of access which will need to be resolved through negotiations with the City. The present feeling of the Committee is that the right of access should be kept and worked into any future plans. Craig_ E. Peterson June 30, 1988 Page 3 One of the requests of the HLC was to have the L.D.S. Church participate in a master planning process which would involve most of the properties they own. For the City to properly provide services and create an adequate infrastructure, even if a park is constructed, city services such as police and fire will still have to be considered. Because of the L.D.S. Church's sole ownership of the property, many more alternatives for the land and saving Gordon Place can be developed. Some of the alternative uses which could be accommodated are housing for visiting dignitaries to the L.D.S. Church who would enjoy a neighborhood setting or something similar to a bed and breakfast. It could be developed as an historical PUD, condo or private, with developed restrictive covenants to regulate problems. It could also become part of an historical urban trail system, linking Temple Square with the cemetery, Capitol Hill, Memory Grove, Social Hall Avenue, the City-County Building and the Brigham Young Cemetery. This trail could tell a story of the history of the City along with other historical elements. There has been interest by outside people to buy and restore these homes, along with volunteers of architectural, financial assistants, and other concerned residents. The Utah Heritage Foundation has met with the L.D.S. Church, Henry Eyring, First Counselor in the Presiding Bishopric, and others from the Church to discuss this matter. They have pledged the Foundation's financial and professional services to resolve this matter. There have been many success stories in redevelopment of streets in Salt Lake City. Some examples of these are Quince Street, Almond, Girard, Pierpont, Gray, Hillside, South Temple, and other historical projects that show what sensitivity, time, work, and cooperation can accomplish. There are some extraneous issues that relate to this project but which do not deal with Gordon Place directly. Some of the issues which complicate the situation at this time are concerns from the Capitol Hill Community Neighborhood Council and adjacent residents. The City is in the process of updating the Capitol Hill Master Plan, is involved in a rezoning petition, a redesign of City Creek, North Temple, North State intersection, along with Second and Third Avenues being changed back to two-way traffic, the potential for closing off Main Street plus other zoning issues which complicate this matter. The issue indirectly relate to each other and are hard to separate from the sole issue of Gordon Place. They all directly relate to the Capitol Hill area. The EHTC has tabled the project for further negotiation by the L.D.S. Church. The L.D.S. Church will notify HLC when they want to be placed on the next agenda. The L.D.S. Church is presently developing a detailed Landscape specification plan as requested by the Committee. The Committee would like to understand the goal of the Church in order to further negotiate the issue and help in resolving the demolition issue. SALT LAKE CITY CORPORATION FINANCE DEPARTMENT LANCE R. BATEMAN. A Purchasing and Property Management Division PALMER DEPAULIS DIRECTOR OF FINANt_t 324 SOUTH STATE STREET MAYOR 5TH FLOOR SALT LAKE CITY, UTAH 84111 PURCHASING (801) 535-7661 PROPERTY 535-7133 June 2, 1988 TO: Bill Schwab Planning & Zoning FROM: Eric H. Thorpe 4 Property Manage," , RE: PETITION NO. 400-612, LDS CHURCH REQUEST TO VACATE GORDON PLACE According to the zoning information we have, the property abutting Gordon Place is zoned both C-1 and R-5. Given current zoning and the fact that all abutting property has been acquired by one individual entity, City policy and practice would both dictate that Gordon Place be closed and sold rather than vacated. However, the issue of whether or not the City has a deeded or dedicated interest in Gordon Place really should be resolved before a final recommendation is made by us in this matter. I recommend that either the LDS Church or the City have the title to Gordon Place abstracted to make a determination of ownership. If the City does have an interest in this property, then my recommendation would stand. If the City does not have an existing interest in this property, then I will modify my recoitunendation accordingly. If you have any questions on this, please call me at ext. 6308. Thank j you. EHT/jg cc: G. L. Failner 7/10/e - ROGER F. CUTLER SAF ;CITY CORPORATION ASSISTANT ATTORNEYS CITY ATTORNEY RAY L. MONTGOMERY CHERYL D. LUKE LAW DEPARTMENT GREG R. HAWKINS LARRY CITY PROSECUTOR 32'4 SOUTH STATE. FIFTH FLOOR STEV N. SPENDLOVE EN W. ALLRED SALT LAKE CITY, UTAH 84111 BRUCE R. BAIRD (801) 535-7788 FRANK M. NAKAMURA ASSISTANT PROSECUTORS JOHN N. SPIKES DONALD L. GEORGE June 22, 1988 CECELIA M. ESPENOZA RICHARD G. HAMP Bill Schwab Planning & Zoning Division 324 South State Street, Room 200 Salt Lake City, Utah 84111 Rom: Petition No. 400-612 - LDS Church Request to Vacate Gordon Place Dear Bill: Your memo to Roger of May 20, 1988 did not reach me until after your deadline. Nevertheless, my apologies for not responding sooner. The decision you ask for is a policy one instead of legal. Whether we own it or not, vacating as a public street merely means the City has no further interest in, and no responsibility for it. From what you have provided, there is no legal reason why the City could not vacate the street. Very truly yours, RAY L. MONTGOMERY 9 Assistant City Attor{iey RLM:pp SALT'LAKE;GITT CORPORATION TRANSPORTATION ENGINEERING 333 SOUTH 200 EAST, SUITE 201 PALMER DEFAULTS SALT LAKE CITY, UTAH 84111 JOSEPH R. ANDERSON MAYOR PUBLIC WORKS DIRECTOR (801) 596-5142 May 26 , 1988 Bill Schwab Planning and Zoning 324 South State Street Salt Lake City , Utah 84111 Re : Petition 400- 612 ; Vacate Gordon Place from Main Street to State Street Dear Bil : The Division of Transportation recommends approval of the LDS Church request to vacate Gordon Place from Main Street to State Street if all the properties legally needing and using Gordon Place as access to each property has been purchased by the LD ' Church . All usage and access rights associated with the private roadway should be purchased by or relinquished to the LDS Church before vacating the right -of -way . Sincerely , John G. Van Hoff , P . E . , L . S . Traffic Engineer I JGVH/sc cc : Steve Meyer Barry Walsh File SALT LAKE CITY CORPORATION DEPARTMENT OF PUBLIC WORKS PALMER DEPAULIS City Engineering Division MAX G. PETERSON, F-E. MAYOR 444 SOUTH STATE STREET CITY ENGINEER SALT LAKE CITY, UTAH 84111 535-7871 TO: BILL SCHWAB, PLANNING AND ZONING FROM: HARRY EWING, ENGINEERING DATE : JUNE 14 , 1988 SUBJECT: PETITION NO. 400-612 We are returning our review comments on Petition 400-612 from the LDS Church requesting the City vacate Gordon Place . Attached is a letter dated February 27 , 1984 , at which time this department did some research into the ownership of Gordon Place . This letter should be helpful in sorting through the ownership question. This department has no plans for the development of the street , therefore , we recommend approval of the petition by vacation and sale of property. HE:kg cc : Vault SALT LAKE CITY lea! PUBLIC WORKS CITY ENGINEERING PALMER DEP*U1J3 401 City 8 County Building 84111 TED L wllSON max soul ammo Tel:(801)535.7872 11.4 ,04 February 27, 1984 Palmer DePaulis Director of Public Works Room 114- City & County Building Salt Lake City, Utah 84111 Dear Palmer: A property research was done on Gordan Place to determine whether the right-of-way is public or private. Gordon Place is located at 150 North and runs east/west from 'fain Street to State Street. It is shown on Block 93 Plat "A" Salt Lake City Survey of the Salt Lake County Ownership Plat. Gordon Place is not shown on the official survey of Plat "A" Salt Lake City Survey dated 1904. From Main Street running east to the interior of the block , 298 feet more or less , Gordon Place is a 10 foot private right-of-way as defined on legal • descriptions provided by the Salt Lake County Assessors Office. When entering Gordon Place from State Street and running west the right-of-way is 16.5 feet and continues 362 feet where it abuts the aforementioned private portion. A clear cut decision cannot be made on ownership of the east half of Gordon Place because of inconsistencies on ownership plat, plat book and legal descriptions. However, each and every legal description checked did not include any part of the Gordon Place right-of-way into private ownership. In other words no one is being assessed taxes on said property. Under the assumption that if no one is paying taxes on said property and it is open for public use, the City Policy is to classify Gordon Place as a public alley. Without a detailed title search, the Gordon Place right-of-way is assumed to be public. Very truly yours, �G. Peterson City Engineer MGP:jkd / cc: Sydney Fonnesbeck, Jim Paulford, Jerry Blair,//File &' /l ( (J,4V4,1-'C� �' `' �7//(J,V •(%CSC% %, - / / /,, , �, • ��C' -_ 0 -,/,,edd.7.---7(v/(---', 7//:-, (.±-7, --5-/-2A- ',e7/,_/-e-44----/(:/' */ . ;.'' 7-`7:17//:/:?)7A.,/,'-' 62.147A/4'V/70W(--, /-- , ;F.-i S4.'/v i%0<11; ,/,�/j' 7,r' //t t''. .-;/x';, )/ / z=- '/7 ( Zs�G�' „,- — /!'[-(4) ,2 ✓ r7,4,?- _=• /:, (`-" /` ;' / ( - ,'- ,I,, ' ` (5- e =L -. - Ito 12)-- 7z.' 1 7' "`-- (`- --'-ei l‘' '-: ' ' (' 7'- /7 ,e f 2,(2 t(77) 7Z.-tl: Krj/,'-il/d,/,( /7775 i /7- .,/,. &ys;_s- 7,_',/// 10(-2,'/X%-/,' .( 7 ./ ,--/(/(/'/-(, (_-((/:"'t :, i"((--////V '''; f � , ,/ /', ' irk'- / cjel LEROY W. HOOTON, JR. DIRECTOR WENDELL E. EN, P.E. SUPERINTENDENTENDENT SALT'LAKE CITY CORPORATION SUPERINTENDENT WATER SUPPLY & WATERWORKS E. TIM DOXEY SUPERINTENDENT DEPARTMENT OF PUBLIC UTILITIES WATER RECLAMATION WATER SUPPLY & WATERWORKS PALMER DEPAULIS JAMES M. LEWIS, C.P.A. WATER RECLAMATION MAYOR CHIEF FINANCE a ACCOUNTING OFFICER 1530 SOUTH WEST TEMPLE GEORGE JORGENSEN, P.E. SALT LAKE CITY, UTAH 84115 CHIEF ENGINEER June 17 , 1988 TO: Bill Schwab / Planning & Zoning /FROM: E . T. Doxey Water Reclamation Superintendent RE: PETITION NO . 400-612 - LDS CHURCH REQUEST OT VACATE GORDON PLACE We appreciate receiving plans for the above noted petition . Inasmuch as there are water and sewer facilities that exist on Gordon Place , it will he necessary for the petitioner to arrange with the Public Utilities Department to plug and abandon those facilities in a manner that other customers will not be affected . If these arrangements cannot be made , then the Public Utilities Department will have not other choice than to4ppose the closure of Gordon Place . We have enclosed, for your information, water and sewer maps of the area . If you have any further questions, please feel free to give me a call . ETD/co FORMS: 6 • SALT LAKE CITY PLANNING C M4i{SSIoN DATE: May 20, 1988 TO: Roger Cutler City Attorney FROM: Bil Schwab Planning & Zoning RE: Petition No. 400-612 - LDS Church request to vacate Gordon Place Attached please find Petition No. 400-612 from the LDS Church requesting that the City relinquish it's right to public access on Gordon Place. As stated in their letter the LDS Church recently purchased all the homes on Gordon Place and intend to demolish them and build a park. A demolition permit has not been approved as yet. I have checked the pre-sidwell plats and this street is shown as a right of way. Engineering shows Gordon Place as a private street in their street file. Please review this petition and provide us with your opinion on the City relinquishing the public's right to access on Gordon Place. I would appreciate receiving your comments by May 27, 1988. SALT LAKE CITY PLANNING CCNMISSIL.. DATE: May 20, 1988 TO: FROM: Bil Schwab Planning & Zoning RE: Petition No. 400-612 - f,nS Church request to vacate Gordon Place Attached please find Petition No. 400-612 from the fJ)S Church requesting that the City relinquish it's right to public access on Gordon Place. As stated in their letter the LDS Church recently purchased all the homes on Cordon Place and intend to demolish them and build a park. A demolition permit has not boon approved as yet. I have checked the pre-sidwell plats and this street is shown as a right of way. Engineering shows Gordon Place as a private street in their street file. Please review this petition and return your comments to me by May 27, 1988. (74- y &-/ • • • REAL ESTATE DIVISION Reference reply to. Taetttr� Floor #533-9235 50 East North Temple Street UT SLC Res Sail Lake r to titan 84150 Cordon P1 °rro�,e (dot ! 531-2929 April 18, 1988 The Honorable Palmer DePaulis Mayor of Salt Lake 324 South State Salt Lake City, UT 84111 Dear Mayor DePaulis: The Church recently acquired all of the properties located on 150 North Cordon Place. (150 North State, see map attached) . Since the Church now owns Cordon Place Street, we are requesting the City to vacate the public access to this street from Main Street and State Street. Sincerely yours, --U1H I Verlin Nicholes Representative Real Estate Division VN:cj Attachment cc: Bil Schwab MIKE ZUHL SALT2 LAKt MIRY( COR`PO_A ` ,ION( LEE KING INTERIM DIRECTOR - DEPUTY DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 418 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 August 6, 1990 Salt Lake City Council City & County Building Salt Lake City, Utah Dear Council Members: Attached is the updated ordinance for Petition No. 400-764-90 submitted by David Thomas. A public hearing was held on May 8, 1990. This ordinance reflects the changes voted upon and approved by the Council during the public hearing. The City Attorney's Office has made the changes and the ordinance is ready for your final adoption. Yours truly, "MICHAEL B� UHL Interim Director cc: Petition No. 400-764-90 SALT LAKE CITY ORDINANCE No. of 1990 (Vacating a Portion of an East-West Alley Between K and L Streets and llth and 12th Avenues pursuant to Petition No. 400-764-89 ) AN ORDINANCE VACATING A PORTION OF AN EAST-WEST ALLEY BETWEEN K AND L STREETS AND 11TH AND 12TH AVENUES, PURSUANT TO PETITION NO. 400-764-89 . WHEREAS, the City Council of Salt Lake City, Utah, finds after public hearing that the City' s interest in the public alley described below is not necessary for use by the public as an alley and that vacation of said alley will not be adverse to the general public' s interest. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That a portion of an east-west alley between K and L Streets and llth and 12th Avenues, which is the subject of Petition No. 400-764-89 and which is more particularly described below, be, and the same hereby is, vacated and declared no longer to be needed or available for use as a public alley. Said alley is more particularly described as follows: Said portion of the alley abutting lot 5, JA/A dt ^�� 12th Avenue Subdivision, lots 7 and the east .�/ 25 feet of lot 8, Dunford Subdivision is more 0�J particularly described as follows: Beginning at the northeast corner of lot 7 Dunford Subdivision and running thence north 15 feet then west 58 feet, then south 15 feet, then east 58 feet to the point of beginning. That portion to be vacated to be divided equally between lot 7 and the east 25 feet of lot 8 Dunford Subdivision, the southerly half, and the northerly half to lot 5 of the 12th Avenue Subdivision. SECTION 2. That another portion of the same east-west alley between K and L Streets and llth and 12th Avenues, which is also the subject of Petition No. 400-764-89, and which is more particularly described below, be, and the same hereby is, vacated subject to the conditions set forth in Section 4 below, and, upon compliance with the conditions, declared no longer to be needed or available for use as a public alley. Said portion of the alley abutting lots 8 through 16, Dunford Subdivision and part of ,90 lot 5 and all of lot 6 12th Avenue Subdivision is more particularly described as follows: i1 Beginning 58 feet west of the northeast corner of lot 7 Dunford Subdivision and running thence west 272 feet then north 15 feet thence east 272 feet thence south 15 feet more or less to the point of beginning. SECTION 3. RESERVATIONS AND DISCLAIMERS. The above vacation is expressly made SUBJECT TO all existing rights-of-way and easements of all public utilities of any and every description now located on and under or over the confines of the property and also SUBJECT TO the rights of entry thereon for the purposes of maintaining, altering, repairing, removing or rerouting said utilities, including the City' s water and sewer facilities, and all of them. Said vacation is also SUBJECT TO any existing rights-of-way or easements of private third parties. -2- SECTION 4 . CONDITIONS . Vacation of the portion of the alley in Section 2 above shall be conditioned upon proof acceptable to the City that the abutting property owners have entered into such agreements as necessary to provide for any joint use or joint access to or through the vacated alley except that no joint use shall be required for the east fifty-eight ( 58 ) feet. SECTION 5 . EFFECTIVE DATE . This ordinance shall become effective on the date of its first publication. The City Recorder is instructed to publish this Ordinance and to note upon the initial publication that vacation of that portion of the alley described in Section 2 above shall not be complete until the condition required by Section 4 above has been met . If the condition has not been met within one year the Mayor may grant an additional one year extension. If the condition fails to be met within the time allowed, the vacation in Section 2 shall be null and void. Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . CHAIRPERSON ATTEST: J CITY RECORDER -3- Transmitted to the Mayor on Mayor' s action: Approved Vetoed . MAYOR ATTEST: CITY RECORDER (SEAL) BILL NO. OF 1990 . Published: BRB:rc - 4- P9D. YEA: NAY: ABSTAIN: The resolution was then signed by the Chairperson and recorded by the City Recorder in the official records of Salt Lake City, Utah. The resolution is as follows: RESOLUTION NO. OF 1990 • RESOLUTION OF INDUCEMENT FOR NOT TO EXCEED $2,000,000 OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (THE "BONDS") APPROVING A MEMORANDUM OF AGREEMENT WITH WESTERN FIBERGLASS, INC. , A UTAH CORPORATION OR AN AFFILIATED COMPANY (THE "COMPANY") IN CONNECTION WITH THE ISSUANCE BY SALT LAKE CITY OF ITS INDUSTRIAL DEVELOPMENT REVENUE BONDS TO FINANCE A PORTION OF THE COST OF THE ACQUISITION OF EQUIPMENT FOR A MANUFACTURING FACILITY WHICH WILL PRODUCE THERMAL INSULATION AND RELATED FIBERGLASS PRODUCTS (THE "PROJECT") AUTHORIZING THE COMPANY TO ACQUIRE AND EQUIP THE PROJECT TO BE FINANCED BY SUCH BONDS; DIRECTING THAT SALT LAKE CITY (THE "ISSUER") WILL NOT GUARANTEE THE BONDS BY LENDING OR PLEDGING ITS CREDIT; AND AUTHORIZING THE EXECUTION AND DELIVERY OF A MEMORANDUM OF AGREEMENT BETWEEN THE ISSUER AND THE COMPANY WITH RESPECT TO FINANCING THE PROJECT. WHEREAS, Salt Lake City, Utah (the "Issuer") is authorized and empowered by the provisions of the Utah Industrial Facilities and Development. Act, Chapter 17, Title 11, Utah Code Annotated 1953, as amended (the "Act") to issue revenue bonds for the purpose of protecting and promoting the health, welfare and safety of the citizens of the State of Utah by authorizing municipalities and counties in the State to finance, acquire, own, lease, or sell projects for such purposes; and BD13E44 (PF) 2 • WHEREAS, the Project is within the meaning of the Act and constitutes the acquisition of equipment for a manufacturing facility which will produce thermal insulation and related fiberglass products to be located within the Issuer's City limits. The Project shall be owned or operated by Western Fiberglass, Inc. , a Utah corporation, or an affiliated company (the "Company") ; and WHEREAS, the Issuer believes that the Company is financially responsible to assume all obligations in connection with the Project, and is engaged in business activities that will protect and promote the health, welfare and safety of the citizens of the State of Utah; and WHEREAS, to protect and promote the health, welfare and safety of the citizens of the State of Utah and to improve local health and the general welfare, the Issuer proposes to facilitate the financing of a portion of the costs of acquiring the Project and otherwise financing the Project to or for the Company; and WHEREAS, in view of the rising costs, it is considered essential that acquisition of the Project be completed at the earliest practicable date, but, at the same time, the Company wishes to begin acquisition of the Project only after satisfactory assurances from the Issuer that an amount necessary to pay the costs of financing the Project will be made available; and WHEREAS, the Issuer considers that the acquisition of the Project and the leasing, selling or financing of the same to or for the Company will promote and further the purposes of the Act and the public purposes of the Issuer; and BD13544 (PF) 3 WHEREAS, one of the purposes of this resolution is to satisfy the requirements of the Income Tax Regulations of the United States Treasury Department with respect to the issuance of industrial development bonds. NOW, THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Salt Lake County, Utah as the governing body of the Issuer: Section 1 . The acquisition of the Project and the financing thereof by the Issuer, through the issuance of industrial development revenue bonds pursuant to the Act, will protect and promote the health, welfare and safety of the citizens of the State of Utah and in Salt Lake City, Salt Lake County, Utah and thereby serve the public purposes of the Act. Section 2. In order to finance the acquisition of the Project consistent with the Memorandum of Agreement attached hereto as Exhibit "B" and made part hereof, with the resulting public benefits which will flow from the operation thereof, the Issuer will issue and sell its bonds (the "Bonds") pursuant to the provisions of the Act in a principal amount sufficient to pay the cost of financing the Project, together with costs incident to the authorization, sale and issuance of the Bonds, the aggregate cost of the Project and the cost of authorization, sale and issuance of the Bonds being presently estimated not to exceed $2,000,000. Section 3. The Issuer will (i) issue the Bonds in an amount not exceeding $2,000,000 with the particular amount, maturities, fixed or variable interest rates, redemption terms and other terms and provisions to be determined by a further resolution of the Issuer, (ii) loan the Bond proceeds to the Company or otherwise finance the Project to or for the Company, pursuant to an agreement by and between the Issuer and the BD13544 (PP) 4 Company whereby the Company will be obligated, among other things, to make payments to the Issuer in amounts and at times so that such payments will be adequate to pay the principal of and premium, if any, and interest on all of the Bonds being issued for the Project; and (iii) require the Company to secure the Bonds in such manner as the Issuer and the Company deem appropriate. If the proceeds from the sale of the Bonds are insufficient to finance the entire cost of acquisition of the Project, the Issuer will, upon request of the Company and to the extent permitted by law, consider the issuance from time to time in the future of additional Bonds, whether on a parity with the Bonds or otherwise, for the purpose of paying the costs of completing the acquisition of the Project. The Issuer will not and cannot pledge its credit or taxing power for the payment of the Bonds or the financing of the Project. Section 4. The proceeds of the Bonds will be used to acquire the Project and to pay the costs incident to the authorization, sale and issuance, in one or more issues or series, of the Bonds. Section 5. The Issuer will enter into a loan agreement with the Company to finance the Project as more fully described in the Memorandum of Agreement Exhibit "B" . The form and substance of the proposed Memorandum of Agreement (in substantially the form presented to this meeting) by and between the Issuer and the Company setting forth the undertakings of the Issuer and the Company with respect to the issuance of the Bonds and the providing of the Project are hereby approved. The Mayor is hereby authorized on behalf of the Issuer, to execute and deliver the Memorandum of Agreement and the City Recorder of the Issuer is hereby authorized to affix the seal of the Issuer thereto and to attest the same, BD13544 <PF) 5 in substantially the form thereof presented to this meeting, with such changes in terms and form as the Council shall approve. The execution thereof by the Mayor shall constitute conclusive evidence of the approval. Section 6. The Company is hereby authorized (i) to acquire the Project, (ii) to make, execute, acknowledge and deliver any contracts, orders, receipts, writings and instructions, and in general to do all things which may be requisite or proper for completing the Project and (iii) to prepare, publish and distribute a preliminary official statement with respect to the Bonds. In addition, the Company is hereby authorized to advance such funds as may be necessary to accomplish such purposes, and to the extent permitted by law, to reimburse itself therefor, but solely out of the proceeds of the Bonds, provided that the Issuer shall have no liability to the Company for any costs or funds so advanced if the Bonds are not issued. Section 7. The officers, employees and agents of the Issuer are hereby authorized to work with the Company and others to prepare, for submission to the Issuer, all documents necessary to effect the authorization, issuance and sale of the Bonds. Section 8. The Mayor and the City Recorder are hereby authorized and directed to distribute copies of this resolution and the Memorandum of Agreement to the Company and to do such further things or perform such acts as may be necessary or convenient to implement the provisions thereof. BD13544 (PE) 6 Section 9. Pursuant to the request of the Company, the law firm of Ballard, Spahr, Andrews & Ingersoll is hereby appointed to serve as Bond Counsel with respect to the Bonds. Section 10. The officers, employees and agents of the Issuer are hereby authorized to prepare and execute an application for a Volume Cap Allocation relating to the Bonds in accordance with the Utah Volume Cap Allocation Act, Chapter 17(a) , Title 11, Utah Code Annotated 1953, as amended. This application shall be submitted to the Department of Community and Economic Development of the State of Utah for consideration by the Utah Industrial Development Bond Review Board. Section 11 . The actions of the Issuer pursuant to this Resolution are expressly subject to the holding of a public hearing with respect to the issuance of the Bonds and to compliance by the Company with the Issuer' s requirements regarding industrial development revenue bond financings. Section 12. This resolution shall take effect immediately upon its approval and adoption by the Council. PASSED, APPROVED AND ADOPTED this 3rd day of July, 1990. Chairperson ATTEST: City Recorder ( S E A L ) BD13544 (FE) 7 After conduct of other business not pertinent to the above, the meeting was, on motion duly made and seconded, adjourned. Chairperson ATTEST: City Recorder ( S E A L ) BD13544 (Pr) 8 PRESENTATION TO THE MAYOR The foregoing resolution was presented to the Mayor for his approval or disapproval on the day of July, 1990. Chairperson MAYOR'S APPROVAL OR DISAPPROVAL The foregoing resolution is hereby approved this day of July, 1990. Palmer A. DePaulis Mayor BD13544 PF) 9 STATE OF UTAH ) : ss. COUNTY OF SALT LAKE ) I, Kathryn Marshall, the duly appointed, qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify that the above and foregoing is a full, true and correct copy of the record of proceedings had by the City Council of Salt Lake, Salt Lake County, Utah at its meeting held on the 3rd day of July, 1990, including a resolution adopted at said meeting, insofar as said minutes pertain to the matters therein set out. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of Salt Lake City this day of July, 1990. City Recorder ( S E A L ) BD13544 (PE) 10 EXHIBIT "A" CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I, Kathryn Marshall, the undersigned City Recorder of Salt Lake City, Salt Lake County, Utah (the "City") , do hereby certify, according to the records of the City in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-6(2) , Utah Code Annotated, 1953, as amended, I gave not less than twenty-four (24) hours public notice of the agenda, date, time and place of the July 3, 1990 public meeting held by the City as follows: (a) By causing a Notice, in the form attached hereto as Schedule "A" , to be posted at the City's principal offices at the City and County Building, Salt Lake City, Utah on July 2, 1990, at least twenty-four (24) hours prior to the convening of the meeting, said Notice having continuously remained so posted and available for public inspection until the completion of the meeting; and (b) By causing a copy of such Notice, in the form attached hereto as Schedule "A" , to be delivered to the Deseret News on July 2, 1989, at least twenty-four (24) hours prior to the convening of the meeting. IN WITNESS WHEREOF, I have hereunto subscribed my official signature this 3rd day of July, 1990. City Recorder ( S E A L ) BD13544 (FE) 11 SCHEDULE "A" Notice of Meeting 12 B013544 (PF) EXHIBIT "B" Memorandum of Agreement BD13544 (PP) 13 BD13560 (PE) MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between Salt Lake City, Salt Lake County, Utah, party of the first part (hereinafter referred to as the "Issuer") , and Western Fiberglass, Inc. , a Utah corporation, or an affiliated company (hereinafter referred to as "Borrower") . 1 . Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The Issuer is authorized and empowered by the provisions of the Utah Industrial Facilities and Development Act, Chapter 17, Title 11, Utah Code Annotated 1953 (the "Act") , to issue industrial revenue bonds for the purpose of acquiring, or financing the acquisition of, manufacturing, industrial, or commercial properties (as defined in the Act) and of leasing, selling or financing the same to or for others for such rentals and upon such terms and conditions as the Issuer may deem advisable. (b) The purposes of the Act are to achieve greater industrial and commercial development in the state of Utah (the "State") and to authorize municipalities and counties in the State to finance, acquire, own, lease , or sell projects for the purpose of reducing, abating, or preventing pollution and of protecting and promoting the health, welfare, and safety of the citizens of the State. The Act vests the Issuer with all powers that may be necessary to enable it to accomplish such purposes. Said Act further authorizes the Issuer to issue industrial development revenue bonds, or other forms of municipal industrial development financing, (the "Bonds") for the purpose of carrying out its powers. In furtherance of such purposes the Issuer proposes to finance a portion of the cost of the acquisition of equipment • for a manufacturing facility which will produce thermal insulation and related fiberglass products (the "Project") . The proposed facilities and related property and improvements will be owned by Western Fiberglass Inc. , a Utah corporation or an affiliated company (the "Borrower") . The Project shall be financed by the Issuer based upon the commitment of the Borrower to repay the obligations underlying the financing arrangements at no cost to the Issuer or the taxpayers residing within the Issuer. (c) In view of the rising acquisition costs, it is considered essential that the Project be completed at the earliest practicable date. The Borrower is willing to proceed with the Project on the understanding that the proceeds of the sale of the Bonds of the Issuer will be made available to finance the cost of the Project. (d) The Issuer is interested in assisting the Borrower to effect the financing of the Project consistent with the purposes of the Act and hereby advises the Borrower that, subject to due compliance with all requirements of law, review of the necessary applications of the Issuer, the holding and results of a public hearing and the obtaining of all necessary consents and approvals and to the happening of all acts, conditions and things required precedent to such financing, the Issuer by virtue of such statutory authority as may now or hereafter be conferred, will issue and sell the Bonds in an amount not exceeding $2,000,000 to pay the costs of the Project. 2. Undertakings on the Part of the Issuer. Subject to the conditions above stated, the Issuer agrees as follows: (a) It will authorize or cause to be authorized, the issuance and sale of an issue of the Bonds, pursuant to the terms of the BD1356O (FF) 2 Act as then in force, in an aggregate principal amount not exceeding $2,000,000. Said Bonds shall not be guaranteed by the Issuer nor secured with a pledge of the credit of the Issuer. The Issuer does not and shall not warrant that the amount of the Bonds will be sufficient to pay all costs in connection with the acquisition of the Project. (b) It will cooperate with the Borrower's efforts to find a purchaser or purchasers for the Bonds and if purchase arrangements satisfactory to the Borrower and consistent with its existing borrowing commitments can be made, it will adopt, or cause to be adopted, such proceedings and authorize the execution of such documents as may be necessary or advisable for the authorization, issuance and sale of the Bonds and the financing of the Project by the Borrower exclusively, all as shall be authorized by law and mutually satisfactory to the Issuer and the Borrower. (c) The aggregate payments to be paid by the Borrower or an approved lending institution (i.e. , the payment to be used to pay the principal, interest and premium, if any, on the Bonds) payable under the loan, purchase, lease, or deposit agreement whereby the Project shall be financed shall be such sums as shall be sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall become due and payable. (d) It will take or cause to be taken such other acts and adopt such further proceedings as may be required to implement the aforesaid undertakings or as it may deem appropriate in pursuance thereof. 3. Undertakings on the Part of the Borrower. Subject to the conditions above stated, the Borrower agrees as follows: BD13560 (PE) 3 (a) It will use all reasonable efforts consistent with its existing borrowing commitments to find one or more purchasers for the Bonds in an aggregate principal amount not exceeding $2,000,000. (b) It will, to the extent deemed by it to be necessary or desirable, enter into a contract or contracts for the acquisition of the Project and at the time of the delivery of the Bonds, it will, to the extent necessary, pledge its interest in the Project toward repayment of the Bonds. Title to the Project shall be held in such a manner as to be subject to assessment for real and personal property taxes, if applicable. (c) Contemporaneously with the delivery of the Bonds it will enter into a loan, purchase, lease or deposit agreement with the Issuer under the terms of which the Borrower will obligate itself to pay sums sufficient in the aggregate to pay the principal of and interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable, such agreement to contain provisions required by law and such other provisions as shall be mutually acceptable to the Issuer and the Borrower, including but not limited to the indemnification of the Issuer by the Borrower against any costs or damages arising from or connected with the offering and sale of the Bonds and the payment or default in payment of principal or interest of the Bonds. In addition, the Borrower will pay and reimburse the Issuer from proceeds from the sale of the Bonds or otherwise for costs advanced and, if agreed upon in advance, for the services of certain staff personnel such as the City Attorney, the Finance Director and the City Recorder. In the absence of extraordinarily and presently unforeseen expenses it is agreed that the sums set out hereafter will be sufficient to satisfy said expenses of the BD13E6O (PE) 4 Issuer. If the Issuer incurs extraordinary and unforeseen expenses, it will submit an itemized statement of the same to the Borrower at the time of delivery of the Bonds and the Borrower will allocate payment for such expenses from Bond proceeds. To cover the regular anticipated expenses and fees of the Issuer the Borrower shall pay to the Issuer $5,000 at the time of filing of the application, $2,500 of this amount shall apply to the expense of reviewing and evaluating the application and $2,500 shall be held by the Issuer separately and shall be used for processing and approving the Bond documents, whether or not Bonds are issued. At the time of delivery of the Bonds an additional fee shall be paid to the issuer of fifteen hundredths of one percent ( .15 %) of the face amount of the first $5,000,000 of the Bonds plus ten hundredths of one percent ( .10%) of the face amount of the Bonds for the balance of the Bonds in excess of $5,000,000. If Bond documents are not reviewed by the Issuer $2,500 will be refunded to the Borrower and the Issuer will retain the initial $2,500 payment. (d) The Borrower will arrange for purchase of the Bonds by purchasers which have knowledge and experience in financial and business matters and which are capable of evaluating the merits and risks of purchasing the Bonds. These sophisticated purchasers will have knowledge of the business and properties of the Borrower and will have access upon request to the same kind of information as might be used in various registration statements under the Securities Act of 1933, relative to the business of the Borrower to the extent that the Borrower possesses such information or can acquire it without unreasonable effort or expense. The purchasers will acknowledge that they are not relying on the BD1356O (PE) 5 representations of the Issuer with respect to the financial quality of the Bonds and the purchasers will acknowledge that they rely solely on statements and representations of the Borrower and on their own knowledge and investigation of the facts and circumstances relating to the purchase of the Bonds; and that the contents of this subsection will substantially be included in one or more agreements between the Borrower, the Issuer and/or any purchasers of the Bonds . The Borrower will arrange for 'a private placement of the Bonds unless otherwise consented to by the Issuer; however, if the Bonds are sold to the general public, the Borrower will retain the services of a national bonding firm to serve as underwriter and an official statement containing a full and fair disclosure of all pertinent facts will be used in connection with the offering of the Bonds. (e) It will take such further action and adopt such further proceedings as may be required to implement its aforesaid undertakings or as it may deem appropriate in pursuance thereof. 4. General Provisions. (a) All commitments of the Issuer under paragraph 2 hereof and of the Borrower under paragraph 3 hereof are subject to the obtaining of all necessary governmental approvals and the approvals of the appropriate financial officers of the Issuer and the Borrower, the holding and results of a public hearing to be held by the Issuer, the review of an application submitted by the Borrower to the Issuer, the allocation of any applicable quota imposed by federal law and the condition that on or before one year from the date hereof (or such other date as shall be mutually satisfactory to the Issuer and the Borrower) , the Issuer and the BD13560 (Pr) 6 Borrower shall have agreed to mutually acceptable terms for the Bonds and of the sale and delivery thereof, and mutually acceptable terms and conditions of the agreements referred to in paragraph 3 and the proceedings referred to in paragraphs 2 and 3 hereof. (b) If the events set forth in (a) of this section do not take place within the time set forth or any extension thereof and financing in such amount as shall not exceed $2,000,000 is not arranged for and consummated within such time, the Borrower agrees that it will reimburse the Issuer for all reasonable and necessary direct out-of-pocket expenses, including reasonable attorneys' fees for the review and/or preparation of documents, which the Issuer may incur at the Borrower' s request arising from the execution of this Agreement and the performance by the Issuer of its obligations hereunder, and this Agreement shall thereupon terminate. It is anticipated that $2,500 of the initial deposit to be made by the Borrower with the Issuer will reimburse the Issuer for its costs in reviewing the application of the Borrower and inducement proceedings. It is further anticipated that the additional $2,500 of the initial deposit will reimburse the Issuer for its costs in reviewing the documents and proceedings pertaining to the issuance of the Bonds. (c) If the Bonds are issued as contemplated by this Agreement, the Borrower will not expect the Issuer to assume any substantial obligation with regard to administering the proceeds of the Bonds or the acquisition of the Project, and will arrange for a local trustee, escrow agent or bond servicing agent to handle all such financial administration, and will handle construction supervision either in its own name or through an affiliated company. The Borrower will also hold 131)1156O (PE') 7 harmless the Issuer from any costs or expenses in connection with the execution of this Agreement, the issuance of the Bonds or the administration of the proceeds thereof, or the acquisition or use of the Project. BDI3 O rpE) 8 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement by their agents thereunto duly authorized as of the day of July, 1990. SALT LAKE CITY, UTAH By Mayor ( CITY S E A L ) ATTEST: City Recorder WESTERN FIBERGLASS INC. , By Its ATTEST: • 8D1356O (PF) 9 LEE KING �= 1 r i A��tJ +(V/OOI � D�e I1Vif DIRECTOR COMMUNITY and ECONOMIC DEVELOPMENT Capital Planning and Programming CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, ROOM 418 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7902 August 2 , 1990 TO: Alan G. Hardman, Chair Salt Lake City Council RE: PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AMENDMENTS RECOMMENDATION AND FUNDING: That the City Council approve the following changes to the CDBG program so projects can be deleted or created and the appropriate amendments filed with HUD: Project Year Amount Living Traditions Festival 15th Q � ��- $ 15,000 Delete 15th Year funding < v and put into the same `LWyears contingency acct. Ben Albert Apartments 14th v ' ' y\� $ 58, 709 Mechanical System Repair 15th ' 137, 257 Create a new 16th Year 0 1TOTAL project so CD program 69, $195, 966 income funds from the Canterbury Apts . can be used to reimburse General Fund. Community Housing Resource Board 14th $ 750 Create a new 16th Year 16th 2,250 project by moving previous TOTAL amount allocated forward and $ 3, 000 combining with 16th Year Contingency. BACKGROUND AND DISCUSSION: HUD requires the City amend its CD program application for the appropriate year if an existing project is deleted or a new project created. To comply with HUD regulations Capital Planning and Programming has submitted the above changes to the Community Development Advisory Committee (CDAC) and notified the general public through a CDBG Announcement. CDAC met on August 2nd to consider these amendments . CDAC concurred with Living Traditions Festival . They did not agree with using CDBG program income to fund the Ben Albert . They felt the money should be used for other neighborhood projects to benefit low and moderate income people. Additional funding for the Community Housing Resource Board was seen as a worthwhile project. The Living Traditions Festival, originally approved for funding through CDBG to support the Salt Lake Art Council's annual ethnic festival . It was not funded as a CD project because HUD raised concerns about the event benefiting individuals outside Salt Lake City. It is proposed that the Council delete this project from the City' s 15th Year application and put the funding into the 15th Year Contingency account to be reprogrammed at a later time. The Ben Albert Apartments, owned by the Housing Development Corp. (HDC) , is in transition to housing for people over the age of 55 with at least 51% of the units to be reserved for people meeting HUD income guidelines . According to a report from Dale R. Wilde Co. Engineers dated April 16 , 1990 , "the mechanical system in this building will, while currently in a state of minor failure, soon fail . There are, in staff ' s opinion, no short term solutions to this condition and we recommend a full replacement of the heating, cooling, and domestic hot and cold water systems be undertaken to upgrade these systems for an additional 30 year life. Estimates are now available for the needed repairs . It is recommended that a two-pipe system be reinstalled. The City will commit to $500 ,000 maximum, previously appropriated and will track costs to keep them down. The project will need to meet all CDBG regulations and will be monitored by Capital Planning. The Community Housing Resource Board (CHRB) , a private non-profit housing resource organization originally funded in 14th Year for $3, 000, helps the City meet certain fair housing requirements . HUD regulations set forth the general requirements for Title VIII of the Civil Rights Act of 1968 and requires that each grantee receiving CDBG funds certify to HUD that it will affirmatively further fair housing. Capital Planning staff previously attended HUD training on fair housing activities and HUD is sponsoring a local training session on August 9 . In reviewing the City' s housing and community development activities to further fair housing in public and private sectors, HUD suggested the City provide additional funding to CHRB. In the past funds were used for education and outreach concerning fair housing and equal opportunity. New funding will be used for more education and training in the form of 4 to 5 public mini-seminars, a fair housing resource list, and brochures to be placed in locations available to those people most in need of fair housing information. CONTACT PERSON: Kathy Ricci, 535-7119 If you would like any additional information please do not hesitate to contact me. Sincerely, Lee King, Director Capital Planning and Programming cc: Sheryl Gillilan, Finance r / MIKE ZUHL SAL?_ � J 1Y(�f 9 .�� 'LO LEE KING • INTERIM DIRECTORvsk i DEPUTY DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 418 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 T0: Salt Lake City Council August 7, 1990 RE: Petition No. 400-823 by Rick Warner Ford by Bart Warner Recommendation: That the City Council hold a non-advertised public hearing on August 14, 1990 at 6:20 p.m. to discuss Petition No. 400-823-90 submitted by Rick Warner Ford by Bart Warner, President. The Petitioner is requesting that Salt Lake City close and sell a portion of Jefferson Street located in the interior of the block between 700 and 800 South and West Temple and 200 West Streets. Availability of Funds: Not applicable Discussion and Background: This petition has been reviewed by the appropriate City Departments who have recommended approval with condition that driveway access must be maintained for emergency vehicles to serve the residences at 766 and 768 South Jefferson. The petitioner has been in contact with the abutting property owner Mr. Dale Casady and a land trade has been negotiated that will solve the access problems for the abutting residents. The street property will be used for the minor expansion of the previously approved dealership which will improve the site conditions of the area and will provide an efficient interior block land use. The Planning Commission has reviewed and recommended the closing and selling the approximate 2,800 square feet of Jefferson Street contingent upon recording of a amended legal descriptions for the Casady and Warner land exchange and that the property be used for the minor expansion of the Rick Warner Ford Dealership. The property shall be sold for fair market value as determined by the City's Real Property Manager. Payment may be received in cash or in the form of a public capital improvement located on Blocks 14 or 15 associated with the development "Auto Mall" concept upon approval by the Planning Director. SALT' M,'�„ G TjY� GORP �RATIONi ALLEN C. JOHNSON, AICP '•9 ®"' PALMER OEPAULIS PLANNING DIRECTOR MAYOR COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DIVISION 451 SOUTH STATE STREET ROOM 406, CITY AND COUNTY BUILDING SALT LAKE CITY, UTAH 84111 August 3, 1990 TELEPHONE 535-7757 Mike Zuhl, Interim Director Community & Economic Development Salt Lake City BUILDING Dear Mike: Attached please find Petition 400-823 by Bart Warner requesting Salt Lake City to close and sell a portion of Jefferson Street located in the interior of the block between 700 South and 800 South and 200 West and West Temple Streets. On Thursday, August 2, 1990 the Planning Commission considered the request and recommends to the City Council approval of the request with conditions. The Planning Commission finds this request to be consistent with the planning policy established in the "West Temple Gateway Redevelopment Plan" and finds this street to be surplus property if the land trade agreement between Dale Casady and Bart Warner is concluded. Please refer to the staff report for a map. The Planning Commission recommends that the sale of the City property be for fair market value and payment received in cash or in the form of a public capital improvement of equal value located on Blocks 14 or 15 upon approval by the Planning Director. The conditions of approval include: 1. The existing water and sewer mains be terminated and removed or protected. 2. Access to 766 and 768 South Jefferson Street remain open via 800 South Street. 3. Property be sold for fair market value. 4. Amended legal descriptions for the Casady and Warner properties be recorded that result in Warner owning all abutting property on this portion of Jefferson Street. Mike 7,uhl August 2, 1990 Page 2 The legal description for the street closure will be forwarded under separate letter. Please call me if you have any questions. Respectfully submitted, 6()A4;, 7:- William T. Wright AICP Deputy Planning Director attachments Salt Lake City Planning Commission Staff Report Petition 400-823 Jefferson Street Closure between 700 and 800 South Streets OVERVtFW Petition 400-823 by Bart Warner, President of "Rick Warner Ford" located at 730 South West Temple Street is requesting Salt Lake City to close and sell approximately 2,800 square feet of Jefferson Street located in the interior of the block between 700 and 800 South and West Temple and 200 West Streets (see map) . Approval of this petition will accommodate a minor expansion of the Ford Dealership. The Planning Staff recommends approval of the request with provisions as outlined in this staff report. BACKGRC ND In April 1989 the Planning Commission approved a conditional use permit for the "Rick Warner Ford" dealership at 730 South West Temple Street in a Commercial "C3-A" zoning district. At that time, the northern portion of Jefferson Street was closed and sold at fair market value to Banj Investment, a subsidiary of Warner Ford, allowing the development to proceed. Additionally, two other streets, Brazier Court and Lemon Place, were closed and sold to Banj Investment. Historically, these streets served as access to single family homes, now removed from the block. The City accepted payment for these streets in the form of Capital Improvements on Main Street and 700 South Street. In August 1987 the Redevelopment Agency adopted the "West Temple 700 SOUTH STREET Gateway Neighborhood Development " n� �� °:,« I Plan" for the area between 600 ; �° .° I. I ~ I A � `_i� o,o South to 1000 South and between I ^ ° M a a a ----,, J�a Main and 300 West Streets. The . ; �, --•7 Redevelopment Project Area Plan ____1„�__� . l —.dn *II - .4.--I .I "' supports the development of auto �.1 -;,a -; ____;___~___ dealerships in an "auto mall" --i _ _ __���.,: w , concept. Mr. Warner and his '1 °" 7 ..._1 �. I ; - father proceeded to develop this W I- �" A r µ Er_,� -', Y '" ' f auto mall on two blocks. m �7 -- 1- i o ' -.id r .°es t Al -°°° I .,- .n' ; '4 m tLL I �Im : m Jefferson Street 14 ��-- I "'° 000 �j'I _Q I I Closure Requested n --_ - - Y --= ^1— --: vs -.,/ ' L— - — ^t Warner Property I_a, - -�`� ;r i ;- .019) 'y I Casady Property i ry 1 :„. Q 0 °i a' I' N ,1 0 l p L I B ��,,, � after trade/sell I I I 1 ..� 1 I I 800 SOUTH STREET Existing Homes • A . ANALYSIS The appropriate City Departments have reviewed this petition. All have recommended approval with the following conditions: Public Utilities: The existing water and sewer lines must be terminated and removed or protected. Transportation and Fire: Must continue driveway access for emergency vehicles to serve the residences at 766 and 768 South Jefferson Street. Real Property: Be sold at fair market value. Engineering: No comment. Planning: An agreement between Dale Casady and Bart Warner illustrates a proposed land trade that will result in Bart Warner owning all frontage property on Jefferson Street associated with this closure. This land trade must occur before or simultaneous with the City providing the deed to the street property to Bart Warner. RECOMMENDATION Planning Staff Finding: The Planning Staff finds this request to be consistent with Planning Policy established in the "West Temple Gateway Redevelopment Plan". Furthermore, the proposed land trade with Mr. Dale Casady, currently an abutting property owner, resolves all access issues from this portion of Jefferson Street. The use of this interior block property for the minor expansion of the previously approved dealership will improve the site conditions and provide an efficient interior block land use. Access to the two remaining residences at 766 and 768 South Jefferson Street will be provided via 800 South Street. Planning Staff Recommendation The Planning Staff concludes that the Planning Commission recommend to the City Council the closing and selling the approximate 2,800 square feet of Jefferson Street contingent upon recording of amended legal descriptions for the Casady and Warner properties for the minor expansion of the Rick Warner Ford dealership. The sale of the city property shall be for Fair Market Value as determined the City's Real Property Manager. Payment may be received in cash or in the form of a public capital improvement located on Blocks 14 or 15 associated with the developing "Auto Mall" concept upon approval by the Planning Director. William T. Wright Deputy Planning Director July 23, 1990 LINDA HAMILTON SALT r t\ G[i!1 G-ORPORATIgO PALMER DEPAULIS DIRECTOR OF FINANCE MAYCR FINANCE DEPARTMENT Purchasing and Property Management Division 451 SOUTH STATE STREET, ROOM 345 SALT LAKE CITY, UTAH 84111 PROPERTY (801) 535-7133 July 19, 1990 T0: Bill Wright Deputy Planning Director FROM: Linda Cordova Property Manager SUBJECT: PETITION 400-823, CLOSURE OF JEFTERSON STREET MIDWAY BETWEEN 700 SOUTH AND 800 SOUTH STREETS I have reviewed the subject petition and have no objection to the alley closure. In view of the comilercial zoning of this block, and in compliance by City policy, it is my recommendation that the referenced portion of Jefferson Street be sold at fair market value. Please have a member of your staff submit a legal description to our office so that we may prepare a Quit Claim Deed and have it ready to submit to the Mayor as soon as the Planning Coiluilission and Council have completed their review process. Thank you. LC/mt Wright.JeffersonStreet lit 2 S ISyu LEROY W. HOOTON, JR. DIRECTOR WENDELL E. EVENSEN. P.E. SIr �Y�G�RPO SALT' r A) a, RATIOIj SUPERINTENDENT �Rp WATER SUPPLY&WATERWORKS ' E. TIM DOXEY DEPARTMENT OF PUBLIC UTILITIES SUPERINTENDENT Water Supply & Waterworks WATER RECLAMATION PALMER DEPAULIS Water Reclamation MAYOR JAMES M. LEWIS, C.P.A. CHIEF FINANCE& 1530 SOUTH WEST TEMPLE ACCOUNTING OFFICER SALT LAKE CITY, UTAH 84115 GEORGE JORGENSEN, P.E. CHIEF ENGINEER TO: BILL WRIGHT PLANNING & ZONING FROM: E. T. DOXEY WATER RECLAMATION SUPERINTENDENT DATE: JULY 20, 1990 SUBJECT : PETITION #400-823 CLOSURE OF JEFFERSON STREET MIDWAY BETWEEN 700 SOUTH AND 800 SOUTH STREET The Public Utilities Department has reviewed the above noted petition and has found there are water or sewer mains located on this street. If the request is granted the Public Utilities Department facilities will have to be protected. If you have further questions regarding this matter, please feel free to call Mr. Ray Eastman at 483-6787. /kg enclosure cc: File ai � l 1990 PALMER DEPAULIS SAT'FAKE G�s RPORATI.ON1 MAYOR �r OFFICE OF THE MAYOR CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7704 July 25 , 1989 Bill Wright, Deputy Planning Director Planning & Zoning City & County Bldg . Salt Lake City, Utah Re: Petition #400-823 Closure of Jefferson Street midway between 700 South and 800 South. (Extension of an existing closure) Dear Bill : The Division of Transportation ' s site review comments and recommendations are for approval of the proposed Jefferson Street vacation subject to the following : 1) Provide letter of waiver for curb, gutter and sidewalk improvements along the 20 foot frontage in coordination with future development and vacation of remaining roadway to 800 South . 2) All abutting property owners affected by the vacation have signed an agreement to vacate. 3 ) All utilities and utility easements shall remain as required and approved by the entity concerned . Sincerely, 71/ Scott R. Vaterlaus \ Traffic Engineer I BDW/lh cc : Gerald Blair i/0 Barry Walsh file 4 1. 2 5 1990 PALMER DEPAULIS SALT'MICE',, MTYr`G.ORPORATION) MAX G. PETERSON. P E MAYOR -arn aaca eaml -�wasa '��a�r v�c.�esm�� CITY ENGINEER DEPARTMENT OF PUBLIC WORKS City Engineering Division 444 SOUTH STATE STREET SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7961 TO: BILL WRIGHT DEPUTY PLANNING DIRECTOR FROM: HARRY EWING ` ` / ✓,c i ENGINEERING DATE: JULY 25 , 1990 SUBJECT: PETITION 400-823 CLOSURE OF A SECTION OF JEFFERSON STREET AT APPROXIMATELY 750 SOUTH STREET This department has completed a review of the referenced petition . We offer our support and recommend for the closure of Jefferson Street as outlined in the request. HE:cp Vault aliu ski. 2 "3 1990 T-J SALT !I.,'cant LRIIT VORMIL. ALLEN C. JOHNSON, AICP PLANNING ANL7,:DvNG PLANNING DIRECTOR WILLIAM T. WRIGHT. AICP COMMUNITY AND ECONOMIC DEVELOPMENT RALPH BECKER PLANNING DIVISION DAN BETHEL Planning and Zoning Commission CINDY CROMER AND THOMAS A. ELLISON SANDRA MARLER 451 SOUTH STATE STREET LAVONE LIDDLE-GAMONAL SEGRETASY ROOM 406, CITY AND COUNTY BUILDING RICHARD J. HOWA RALPH P. NEILSON SALT LAKE CITY, UTAH 84111 GEORGE NICOLATUS TELEPHONE 535-7757 JOHN M. SCHUMANN Date July '190 To Blaine Collins Fire From] Bill Wight ueputy -'1anning 1)lreotor mi( y HOTi HYiYi ,odth H.e=rse review attaoned petition requesting fat maRe urity to oiose a seot:,( H at almod.: has Oeen e':-.:tebiL:z.hed to amanuon this street as the amutting ianG uses ohane and ino I' Ith aGG9SE. ihe northern DoF= o*. the street was reoentiy W lAarner Fordn The additional olosdre will allow an of ft,e.Ford Dealersnip !he previous petition oiosincl tne norther portion o* Je-Prer -:,,oh '::,treet was 406, woul(A appreo1ate reoe:.ving your iiRiLeh ooi;;;;IehLs Oy July Z.:; The itm has been soneculeo lith the Hianning .:ommission *or Fugust 12/-/0 ano the Couji for August 14, l'fi0 at the redest of the Myor. I apprec:iat immediate atUloh o , 1 L.f Le: _ F 7 . 41- / • /// • RICK WARNER SUPER FORD STORE ,FORD A GOOD DEAL MORE! • RECEIVED MAY 02 1990 Mayor Palmer DePaulis IAMR'S %FFlu_ Room 306 451 South State Street Salt Lake City, Utah 84111 Dear Mayor DePaulis, I am in the process of trying to develop some additional property west of our Rick Warner Ford facilities at 7th South and West Temple. However, to be able to do this, I need to be able to purchase an additional section of Jefferson street, which stands between the property recently purchased and the dealership. According to Linda Cordova, she suggested that I petition your office to begin the process of determining the price the city would charge for approximately 2,000 square feet of this street. If an equitable deal can be worked out, I can then complete an additional phase of development of property that is currently unused and an eyesore. Your cooperation in proceeding with this matter in a timely fashion will he appreciated. Sincerely, �lC Bart Warner President BCW/at ke) /)0lc/ -/ / 2 c1lo, co 730 South & West Temple • P.O. Box 65778 • Salt Lake City, Utah • 84165-5778 • Phone 578-1000 A /1,1. ./j ./. •: k i• •!4.i• i :.. • • • ./ y , /- e•A-3 Aftki VI 6L-:c 0-L 0 T 0-4'13. .- i'l V! r'A '1 (;-..- I'•i:'4.,,I 'i : ( ,- .- .."-„ :;:. •,../ ,/ ,y.v,...,,,.(1) 2--eite-4 Ay.1, ek ‘...',I •-.) P /Oct4.41-67- 0,1,•,,- z'.e. , • .1 • !:-• , :...i , f ?c' - ,- -- ' ....-- ..... — e 3-4.,ie'd) rt34ii.1( 1 U. c cc 4 L,:,1 %;cs ,:a.1,--,.,i - ; ,., ,. k ,. 1. f s•s r4.4 r -1-..4... c:..t K....6-"rc, :'..'..- r i-..virzr.,...... L.) ,f!r•.. ,:....-.: z;.: i ., • ,.. ,.. r:• .•,• .:•,4. ' , ' •- ,i... ti• ...• ,i, - • - ..,-.-:).c 3 i:).'" -;' - / - i :7 . , :: , , . i ;;: ,,. ,:_rr...: A.AiL.., 7)&trf--1415 14,7.76-:z-,',',:-:-L:44,14..:•;,..k. ,I" -I.'t y .!:;-- ,pt.,..7- /„, • '1 - 1 .• . v d p ag 12 ... . , i ., (-) . ' I . 6 At t, 1,4(f.....t.Z 1 i',....%--..-- • ; > • , 0 . . I .. ...... .. ..'..‘1'1.... ..... , '.‹ . " . I. 0 •. ; _____± j! ‘.1...29.. _ _. _4- I I t I. .1 -A— K I I .... IMP .11•Mill t / 11•••• ••MMM M. OM /.• ill N''' j. •s', .... .•'.... ' ",.• . ' . y..: '',.w . C1/ 1,(----) •ci•• , . J I / ;; I • . 1 • • i , •; . i ,..... _ ,I. • ' i / • i , . • , . .1 .— • - 1 . t-, 1 • ! - •: I i u 1 — . i . ,'• , ri fI . E 1 . . .1 ! ._ . . . = „ \. I . 0 • : , -_ .• 1 . * . > 1 . • Z ' M I • = ' ; 1 -n ; ,• • 0 ; = ; 0 . , r : . i .. . 1 1 , i _ SALT LAKE CITY ORDINANCE No. of 1990 (Closing Jefferson Street in the interior of the block between 700 and 800 South and West Temple and 200 West Pursuant to Petition No. 400-823-90 ) AN ORDINANCE CLOSING JEFFERSON STREET IN THE INTERIOR OF THE BLOCK BETWEEN 700 AND 800 SOUTH AND WEST TEMPLE AND 200 WEST IN SALT LAKE CITY, UTAH. WHEREAS, the City Council of Salt Lake City, Utah, finds after public hearing that the City' s interest in the public street described below is not necessary for use by the public as a street and that closure of said street will not be adverse to the general public' s interests nor will title to the closed street transfer without subsequent documentation . NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That the public street known as Jefferson Street which is more particularly described below, be, and the same hereby is, closed and declared no longer to be needed or available for use as a public right-of-way and the title thereto shall remain with the City until it is sold for fair market value which may be received by the City in the form of completed curb, gutter, sidewalk, landscaping or other public capital improvements to be installed on Blocks 14 and 15 as deteLmined by the City Planning Director . JEFFERSON STREET Beginning at the South East corner of Lot 4 , Block 14 , Salt Lake City Survey Plat A; thence East 72 . 5 feet more or less to the Western edge of Jefferson Street, thence North along the �gZ Western edge of Jefferson Street 170 feet more a or less to the point of beginning; thence North WV 80 . 0 feet; thence East 10 . 0 feet; thence North 40 . 0 feet; thence West 10 . 0 feet; thence North 40 . 0 feet; thence East 20 . 0 feet (the width of Jefferson Street right-of-way) ; thence South 160 . 0 feet; thence West 20 . 0 feet to the point of beginning. Contains 0 . 07 acres . SECTION 2 . RESERVATIONS AND DISCLAIMERS . The above closure is expressly made SUBJECT TO all existing rights-of-way and easements of all public utilities of any kind and every description now located on and under or over the confines of the above-described property and also SUBJECT TO the rights of entry thereon for the purposes of maintaining, altering, repairing, removing or rerouting said utilities , including the City' s water and sewer facilities ; and all of them. Said closure is SUBJECT TO any existing rights-of-way or easements of private third parties . SECTION 3 . EFFECTIVE DATE. This ordinance shall become effective on the date of its first publication . The City Recorder is instructed to not publish this ordinance until and unless the mayor shall certify that the Petitioner has provided appropriate guarantees for payment of the cost of Jefferson Street in a form acceptable to the City Attorney. Further, the Mayor must certify that petitioner has acquired all of the frontage to Jefferson Street which is being closed by this Ordinance . In the event the conditions are not met within a year -2- this ordinance shall be void and of no effect and the City Recorder is instructed not to publish it. Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . CHAIRPERSON ATTEST: ;// ' e w CITY RECORDER Transmitted to Mayor on Mayor' s Action: Approved . Vetoed. MAYOR ATTEST: CITY RECORDER BRB:ap -3-