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12/11/1990 - Minutes PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CI, UTAH TUESDAY, DECEMBER 11, 1990 The City Council of Salt Lake City, Utah, met in Briefing Session on Tuesday, December 11, 1990, at 5:00 p.m. in Room 325, City Council Chambers, City County Building, 451 South State Street. The following Council Members were present: Ronald Whitehead Don Hale Tom Godfrey Wayne Horrocks Nancy Pace The following Council Members were absent: Alan Hardman Roselyn Kirk Council Co Chair Pace presided at and conducted the meeting. The meeting was called to Mr. Cartwright said over the order at 5: 10 p.m. years he had many opportunities to interface with the Landmark BOARD INTERVIEWS Committee and found it very interesting. He said it was very The Council interviewed Ralph important to design properly for Neilson prior to consideration of the future as well as looking at his appointment to the Historical the historical issues. He said Landmark Committee. he felt privileged to be a member of the Landmark Committee. Mr. Neilson said he was pleased to be on this committee The Council interviewed and he did not have a time commit- Margaret Fuller prior to ment problem working with the consideration of her appointment Planning Commission or with being to the Historical Landmark a new appointment to the Committee. Historical Landmark Committee. Ms. Fuller said she was The Council interviewed interested in restoring historic Robert N. Pett prior to buildings in the inner city area. consideration of his appointment She said she had been a real to the Historical Landmark estate broker and she operated a Committee. bed and breakfast establishment. She said her time was open and Mr. Pett said he was flexible. interested in being a member of the Landmark Committee because REPORT OF THE EXECUTIVE DIRECTOR he said he was an architect in Salt Lake, he had lived in the Cindy Gust-Jenson, Executive historic Capitol Hills district Council Director, said Item A-6; for fourteen years and had the Report for the Bicycle redeveloped two homes there, and Committee would not be on the that he presently sat on the agenda. The addendum to the Heritage Foundation Board. agenda; Yellow Ribbons For Our Troops in Middle East would be The Council interviewed Burk coordinated with the Mayor' s Cartwright prior to consideration Office and would include some of his appointment to the Histori- other groups at a later date. cal Landmark Committee. She said the Consent Agenda was lengthy and included Items D-8 90-375 PROC INGS OF THE CITY COUNCIL OF SALT LAKE CIT'g, UTAH TUESDAY, DECEMBER 11, 1990 through D-15; board appointments. impossible. She said all the She said the Council would not property owners on the north side have to read these items because would have to agree to a reduction they were on the Consent Agenda of property because the city and were not New Business. She could impact just one property said Item F-1; the Labor Protocol owner. The Raddison Hotel had the Agreement would have a language entire frontage on the south and change on page 2 to avoid there was an empty property that confusion. The change was even the snow plows did not clear. attached to the last page of the Councilmember Godfrey asked if the document and stated the Finance Raddison had asked to close the Department would provide the whole section in front of the projections for the coming fiscal hotel. year and the projected effect of employee compensation. She said Ms. Jardine said North Temple Item F-2; Moratorium on would remain open but it would be Demolitions of Residential narrowed. She said the property Structures was recommended for owner on the north wanted fifteen referral. Ms. Gust-Jenson asked feet to redevelop his site. the Council to schedule a Regular According to the zoning he would Council meeting for Thursday, need a fifteen foot landscape set December 13, 1990, at 4:30 p.m. back, and would need to subbmit a which would include the demolition petition for this. issue. Ms. Jardine said everyone on Ms. Gust-Jenson said the the block had signed the petition Council needed to have a member except one person who owned a attend a Community Committee four-plex and needed access. She meeting on storm water utility said the staff recommendation, fees. The meeting would be on based on an opinion from the the third Thursday of the month at Attorney' s Office, was to 4:00 p.m. at Public Utilities. partially vacate the alley from Councilmembers Whitehead and the southern property line of the Horrocks said they could attend. four-plex south. She said this included the petitioner' s Ms. Jenson said the next Salt property. Palace meeting would be held at 7:30 a.m. Friday, December 14, Councilmember Horrocks asked 1990. She said Janice Jardine from if there was access for parking Planning and Zoning was there to and garbage removal. Ms. Jardine explain Item G-1; partial closure said the four- plex had thirteen of North Temple, and G-2; partial feet on each side which was ample alley vacation. room for a drive approach. She said the city could not force the Ms. Jardine handed out a map four- plex owner to put an of the North Temple area. She approach in and the city could not said the property owner on the close off the public access. north side would like to have the north side narrowed. She said Councilmember Whitehead said she had talked to the City the alley was in poor repair and Transportation Department and they the city had a responsibility to had said the narrowing of North maintain the alley. Temple at that point would be difficult to do but not 90-376 PROCIPINGS OF THE CITY COUNCIL OF SALT LAKE CI , UTAH TUESDAY, DECEMBER 11, 1990 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, December 11, 1990, at 6:00 p.m. in Room 315, City Council • Chambers, City County Building, 451 South State Street. The following Council Members were present: Ronald Whitehead Wayne Horrocks Tom Godfrey Don Hale Nancy Pace The following Council Members were absent: Alan Hardman Roselyn Kirk Mayor Palmer DePaulis, Steven Allred, Deputy City Attorney, Kathryn Marshall, City Recorder, and Chris Meeker, Chief Deputy Recorder were present. Council Co Chair Pace presided at and conducted the meeting. OPENING CEREMONIES #3. RE: Setting a date of January 15, 1991, at 6:20 p.m. to #1. No invocation was given. accept public comment and consider adopting an ordinance vacating a #2. The Council led the portion of the alley located Pledge of Allegiance. between Simondi Avenue and 400 North and between 1100 West and CONSENT AGENDA 1200 West Street. (P 90-440) ACTION: Councilmember Godfrey moved and Councilmember Whitehead #4. RE: Setting a date of seconded to approve the consent January 8, 1991, at 6:30 p.m. to agenda, which motion carried, all accept public comment and consider members voted aye. adopting and ordinance relating to Petition No. 400-768-90 submitted #1. RE: Adopting a resolution by Ensign Downs. The petitioners authorizing the execution of an are requesting to amend the exist- interlocal cooperation agreement ing Ensign Downs Plat H, Plat K, between Salt Lake City Corporation and Plat I subdivisions and to and the State of Utah to provide close a portion of East Capitol grant funds for E.M.S. training, Boulevard north of approximately testing and certification programs 1050 North. and to provide funds for the (P 90-317) purchase of E.M.S. equipment used for patient care, transportation, #5. RE: Adopting a resolu- or communications purposes. tion authorizing the approval of (C 90-720) an interlocal cooperation agree- ment between Salt Lake City Corpo- #2. RE: Setting a date of ration and Tooele County Air- January 8, 1991, at 6:20 p.m. to port/Bolinder Field, allowing for accept public comment and consider the facility to be operated by the adopting an ordinance rezoning an Airport Authority. 11' x 140.99' piece of property (C 90-717) located west of 2091 East, 1300 South from Residential "R-2" to a #6. RE: Approving the reap- Business "B-3" zone. pointment of Priscilla Mayden to a (P 90-439) 90-377 PROCINGS OF THE CITY COUNCIL OF SALT LAKE Alt UTAH TUESDAY, DECEMBER 11, 1990 second term on the Library Board. #1. RE: Adopting a resolution (I 90-13) approving a labor protocol agree- ment and authorizing the Council #7. RE: Approving the reap- Chair to sign the agreement with pointment of Donna Smart to a the city administration. second term on the Library Board. (I 90-13) ACTION: Councilmember Godfrey moved and Councilmember Hale #8. RE: Approving the reap- seconded to adopt Resolution 122 pointment of Roger Borgenicht to a of 1990, which motion carried, all second term on the Housing Adviso- members present voted aye. ry and Appeals Board. (C 90-719) (I 90-6) #2. RE: Adopting an ordinance #9. RE: Approving the reap- placing a moratorium on demoli- pointment of Ron Rowley to a tions of residential structures. second term on the Housing Adviso- ry and Appeals Board. ACTION: Councilmember Godfrey (I 90-6) moved and Councilmember Whitehead seconded to refer this item to the #10. RE: Approving the reap- Thursday, December 13, 1990 agenda pointment of Karen Wikstrom to her which motion carried, all members first full term on the Housing present voted aye. Asvisory and Appeals Board. (0 90-39) (I 90-6) PUBLIC HEARINGS #11. RE: Approving the reap- pointment of Curtis Ackerlind Jr. #1. A public hearing at 6:20 to his first term on the Airport p.m. to receive public comment and Authority. consider adopting an ordinance (I 90-11) closing a portion of old North Temple from 2100 West to 2200 West #12. RE: Approving the ap- pursuant to Petition No. 400-787- pointment of Burke Cartwright to 90. the Historical Landmark Committee. (I 90-9) ACTION: Councilmember Godfrey moved and Councilmember Whitehead #13. RE: Approving the ap- seconded to close the public pointment of Robert N. Pett to the hearing, which motion carried, all Historical Landmark Committee. members present voted aye. (I 90-9) Councilmember Whitehead moved #14. RE: Approving the ap- and Councilmember Godfrey seconded pointment of Margaret Fuller to to adopt the ordinance, in concept the Historical Landmark Committee. which motion carried, all members (I 90-9) present voted aye. #15. RE: Approving the ap- DISCUSSION: Janice Jardine, City pointment of Ralph Neilson as the Planner, said this petition was Planning Commission representative from the Woodbury Corporation, who of the Historical Landmark Commit- were owners of the Raddison Hotel tee. located on North Temple. She (I 90-9)UNFINISHED BUSINESS said in 1987 North Temple was realigned and the Utah Department 90-378 III PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY UTAH TUESDAY, DECEMBER 11, 1990 of Transportation quit claimed to Heber Jacobsen, the abutting the city a portion of North Temple property owner to the north with from approximately 2100 West to the exception of 150 feet. He 2400 West. She said the peti- said he felt he had not been given tioner noted that the portion of enough notice. He said he wanted the street they requested to close to make sure the narrowing of was infrequently used and snow North Temple was subject to the removal crews did not plow there. usual approval and consent of the She said the additional property abutting property owners. He would be used for landscaping and said he wanted to see the parking with a future expansion of narrowing of North Temple along guest facilities and meeting its present line, narrowed on both space. She said the zoning was sides in an equal manner. He Commercial "C-1" with a small said he wanted the same corner that was Industrial "M-i" . opportunity as the Woodbury She said under the street at this Corporation. location there were two water lines, two sewerlines, and a high Councilmember Whitehead asked pressure gas main. Mr. Jacobsen if his corporation had been involved in a decision to She said all the city depart- quit claim the UDOT right of way ments had reviewed the petition to the city. Mr. Jacobsen said and subject to the usual they had not. He said he requirements for utility easement objected to the jog of about ten and design, had recommended feet to the right. He said by approval. She said the Woodbury narrowing North Temple on both Corporation had been working with sides equally this jog would be the Transportation Department for straightened out. He said he was design requirements. The willing to purchase the property petitioner would receive and place all the necessary approximately fifty feet instead amenities. of the sixty-five they had originally asked for because of Steve Evans, abutting design requirements. property owner to the south, said he wanted to have the extra Guy Woodbury, General Manager ten feet to put lawn in as the for the Woodbury Corporation, said city required. Mr. Evans said the Woodbury Corporation wanted to this was a dangerous spot for better utilize this property. He traffic. said the current road design had the same width it had when it was Ms. Jardine said a realign- a major artery. He said that ment of North Temple would be they would construct a small difficult and would take all facility which would benefit them property from 2100 West to 2200 and the city. He said the West. She said they could peti- initial request was sixty-eight tion to realine at a later date. feet but the Transportation (P 90-378) Department had reduced this to fifty feet to meet requirements. #2. A public hearing at 6:30 He said the Woodbury Corporation p.m. to adopt an ordinance vacat- would move the utility lines that ing a portion of an alley between were in the area. 1200 West and 400 North to 500 North, pursuant to Petition No. 400-828-90. 90-379 411 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 11, 1990 ACTION: Councilmember Godfrey LeRoy Jensen, 441 North 1200 moved and Councilmember Horrocks West, petitioner, said he wanted seconded to close the public to see a full alley closure hearing, which motion carried, all because it would increase the members present voted aye. security. He said most people that live along the alley had been Councilmember Godfrey moved burglarized at least once. He and Councilmember Horrocks said there had been graffiti and seconded to adopt Ordinance 97 of vandalism. He said if the alley 1990, with the vacation being was not vacated the city was south of the south property line responsible to asphalt and light of the four-plex, which motion it. carried, all members present voted aye. ElDean Jensen, 441 North 1200 West, Sylvia Chaeen, 486 DISCUSSION: Janice Jardine Oakley Street, R. K. Shelton, 1233 City Planner, said there was a West 500 North, Hector J. Suarez, site inspection of the alley and 410 Oakley Street, Steve Lee, 436 the four-plex was identified. She Oakley Street, Wynn Harman, 456 said the owner of the four-plex Oakley Street, George H. Crul, did not sign the petition because 480 Oakley Street, and Richard he needed access through the Whipple, 444 Oakley Street spoke public alley to parking in the in favor of the complete or rear. She said the four-plex had partial closure of the alley. no drive approaches on 1200 West. She said the city staff had Councilmember Pace asked Ms. contacted the owner of the four- Jardine if this area was in a plex and he said he was not special improvement district. interested in signing the She said it maybe possible for the petition. He said he did not want city to initiate an agreement with the additional property because the four-plex owner to place a his property taxes would increase. drive that he would not have to pay for by working through the Ms. Jardine said the City special improvement district. Attorney's opinion was that the She said this way the city could city might have a risk of vacate the alley and not have to liability if access were blocked go to the expense of maintaining off to the four-plex without other it. She said if this could be provisions such as an easement or done through the special a private right-of-way. She said improvement district the city there were several alternatives to would not be setting a dangerous the full alley vacation as opposed precedence. Ms. Jardine said to partial vacation. (1 ) this area was in the Onequa Partial alley vacation; south from special improvement district. the southern property line of the Councilmember Whitehead said the four-plex. 2) full alley alley should be closed and an vacation in addition to receiving agreement worked out with the a private easement between the owner of the four-plex to place a property owners of the four-plex drive. Councilmember Godfrey and the owner of the tri-plex, and said it was very dangerous to (3) full alley vacation if the fully vacate the alley and cut off owner of the four-plex would the four-plex owners access. install driveways from 1200 West Street. 90-380 PROCRINGS OF THE CITY COUNCIL OF SALT LAKE CI , UTAH TUESDAY, DECEMBER 11, 1990 The Council suggested that ACTION: Councilmember Godfrey the city ( 1 ) work with the four- moved and Councilmember Whitehead plex owner to place a drive, (2) seconded to close the public work out a proposal within the hearing, which motion carried, all Onequa special improvement members present voted aye. district to place a drive for the four-plex, (3) work with the Councilmember Godfrey moved property owner to get a private and Councilmember Whitehead agreement for access to the rear seconded to adopt Ordinance 99 of parking through the tri-plex for 1990, which motion carried, all access for the four-plex members present voted aye. residents, and (4) work with the Public Utilities Department to DISCUSSION: Garth Limburg, pick up the four-plex garbage. Planning and Zoning, gave a staff (P 90-379) report. He said the downtown business district and the #3. A public hearing at 6:40 sugarhouse area were zoned p.m. to adopt an ordinance amend- District A. He said by changing ing Salt Lake City Ordinance No. the International Center to 96 of 1990, which approved, rati- District A it would be similar. fied and finalized the budget of Mr. Limburg said the different Salt Lake City, Utah for the districts define the number of fiscal year beginning July 1, feet allowed between 1990, and ending June 30, 1991. establishments. He said in District C there must be 2000 feet ACTION: Councilmember Godfrey between establishments. In moved and Councilmember Horrocks District B establishments must be seconded to close the public 670 feet apart. He said District hearing, which motion carried, all A provides more flexibility in members present voted aye. that two establishments may be on a major street between two major Councilmember Godfrey moved intersections. He said the and Councilmember Hale seconded to International Center was a planned adopt Ordinance 69 of 1990, which community and should carry some motion carried, all members amenities within the planned present voted aye. community. He said the staff felt that changing the zoning DISCUSSION: Steve Fawcett, districts would facilitate this. Budget Manager, said he had given a briefing on the previous Mr. Bob Valentine, General Thursday but would answer any Manager of the Airport Hilton and questions. petitioner, said that previously (B 90-3) the Airport Hilton had a private liquor license, but a change in #4. A public hearing at 6:50 ownership had left the hotel p.m. to adopt an ordinance amend- without the license. He said he ing Official City Map No. 19372 had approval from the Utah State establishing city liquor dis- Liquor Commission for this license tricts and major streets to change contingent on the approval of Salt the designation of the Salt Lake Lake City. He said the Liquor City International Center from Commission felt this was a proper District C to District A and add place for a private club. certain major streets. 90-381 PROCIRINGS OF THE CITY COUNCIL OF SALT LAKE CI' Y UTAH TUESDAY, DECEMBER 11, 1990 Councilmember Hale asked Mr. Valentine if the memberships to this private club would be for guests only or would anyone be eligible to belong. Mr. Valentine said anyone who was eligible could be a member, but this private club would only hold fourty two seats and was for the hotel guests convenience. (P 90-407) The meeting adjourned at 7:55 p.m. COUNCI CHAIR C;I .,0 DER 90-382 SALT LAKE CITY COUNCIL ADDENDUM CITY COUNCIL CHAMBER ROOM 315 CITY AND COUNTY BUILDING C� 451 SOUTH STATE STREET � Tuesday, December 11, 1990 J 6:00 p.m. A. BRIEFING SESSION: 5:00 - 5:55 p.m. , Room 325 City and County Building, 451 South State 1 . Report of the Executive Director. B. OPENING CEREMONIES: 1. Invocation. 2. Pledge of Allegiance. 3. Approval of the minutes. 4. Resolution: Yellow Ribbons The Council will consider adopting a resolution to tie yellow ribbons on trees in honor of U.S. Service men and women serving in the Middle East. C. COMMENTS: 1. Questions to the Mayor from the City Council. 2. Citizen Comments to the Council. D. CONSENT: E. NEW BUSINESS: F. UNFINISHED BUSINESS G. PUBLIC HEARINGS: H. ADJOURNMENT. '* FINAL ACTION MAY BE TAKEN AND/OR ORDINANCES ADOPTED CONCERNING ANY ITEM ON THIS AGENDA. DATED: December 10, 1990 BY: % j AidA2,124a____ 4e 4.46..1 'IT ' CORDER STATE OF UTAH ) COUNTY OF SALT LAKE ) ss. On the 10th day of December, 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 315. A44,1 _41L-- CITY RECORDER 1' oryicresiding ed and sworn to before me this 10th day of December, 1990. Nta in the State of ah gIyion j-'rtesa: 1 ram:,. ss : 4 _._ , 451 So.Stara St 415 1 rl 1 Salt Lae City,,Utah 84102 `;, E iros 1 f - ' My Ccmmiasart_ C . August 1,1993 1 S:ta of U 3n APPROVAL: 7/1 .21 d0;/: ,/e-7±-7== EXECUTIVE DIRECTOR 323TH MEETING OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF SALT LAKE CITY December 11, 1990 5: 00 p.m. Room 325, City and County Building 451 South State Street Salt Lake City, Utah AGENDA 1. Briefing by the staff. 2 . Roll Call. 3 . Approval of the Minutes. 4 . Report of the Chief Administrative Officer. 5. Housing Business. 6. Tax Increment Business. A. Interview nominees for Advisory Committee. 7 . Adjournment. n. (� �C (,vin c \ t���-6 '� (CCO kirOCV IEC(I) - -re II Cctru\ I . c \\Nr\c4A (pn SALT LA E CITY COUNCIL ( �'-ru, jo,o. (6, AGENDA ��u� G�I Cl�X +. $4" A\\,),, - ))).., oc L 0-1 (q-c-,6) CITY COUNCIL CHAMBER 0 ROOM 315 '16ft6 k i -( 1P&t4-, CITY AND COUNTY BUILDING 451 SOUTH STATE STREET ( 0- 10 co m OR fr,,1 Tuesday, December 11, 1990 �I.�u�• 6:00 p.m. A. BRIEFING SESSION: 5:00 - 5:55 p.m. , Room 325 City and County Building, 451 South State. 1 . Report of the Executive Director. .Z The Council will interview Burke Cartwright, prior to consideration of his appointment to the Historical Landmark Committee. /1. The Council will interview Robert N. Pett, prior to consideration of his appointment to the Historical Landmark Committee. 4. The Council will interview Margaret Fuller, prior to consideration of her appointment to the Historical Landmark Committee. A. The Council will interview Ralph Neilson, prior to consideration of his appointment as the Planning Commission representative to the Historical Landmark Committee. The Council will receive a briefing from the Mayor's Bicycle , SGh e a Advisory Committee on the Committee's short and long range goals ,W and on their current activities. B. OPENING CEREMONIES: 1. Invocation. 2. Pledge of Allegiance. 3. Appoval of the minu �s. - r1 U►,�o „o C. COMMENTS: 1. Questions to the Mayor from the City Council. 2. Citizen Comments to the Council. D. CONSENT: 1 . Resolution: Emergency Medical Services Grants Program Act Consider adopting a resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City Corporation and State of Utah to provide grant funds for E.M.S. training, testing and certification programs and to provide funds for the purchase of E.M.S. equipment used for patient care, transportation or communications purposes. (C 90-48) Staff recommendation: Adopt. 2. Ordinance: Petition No. 400-820-90 by Robert Hansen/Rezone Property Set date of January 8, 1991 at 6:20 p.m. to accept public comment and consider adopting an ordinance rezoning an 11 ' x 140.99' piece of property located west of 2091 East 1300 South from Residential "R-2" to a Business "B-3" zone. (P 90-439) Staff recommendation: Set date. 3. Ordinance: Petition No. 400-851-90 by Lois Petterson/Partial Alley Vacation Set date of January 15, 1991 at 6:20 p.m. to accept public comment and consider adopting an ordinance vacating a portion of the alley located between Simondi Avenue and 400 North and between 1100 West and 1200 West Street. (P 90-440) Staff recommendation: Set date. 4. Ordinance: Ensign Downs Plat Review Set date of January 8, 1990 at 6:30 p.m. to accept public comment and consider adopting an ordinance relating to Petition No. 400- 768-90 submitted by Ensign Downs. The petitioners are requesting to amend the existing Ensign Downs Plat H, Plat K and Plat I subdivisions and to close a portion of East Capitol Boulevard north of approximately 1050 North. (P 90-317) Staff recommendation: Set date. 5. Resolution: Title Conveyance, Tooele County Airport Consider adopting a resolution authorizing the approval of an Interlocal Cooperation Agreement between Salt Lake City Corporation and Tooele County Airport/Bolinder Field, allowing for the facility to be operated by the Airport Authority. (C 90-717) Staff recommendation: Adopt. 6. Board Reappointment Consider approving the reappointment of Priscilla Mayden to her second term to the Library Board. (I 90-13) Staff recommendation: Approve. 7. Board Reappointment Consider approving the reappointment of Donna Smart to her second term to the Library Board. (I 90-13) Staff recommendation: Approve. 8. Board Reappointment Consider approving the reappointment of Roger Borgenicht to his second term to the Housing Advisory and Appeals Board. (I 90-6) Staff recommendation: Approve. 9. Board Reappointment Consider approving the reappointment of Ron Rowley to his second term to the Housing Advisory and Appeals Board. (I 90-6) lb Staff recommendation: Approve. 10. Board Reappointment Consider approving the reappointment of Karen Wikstrom to her first full term to the Housing Advisory and Appeals Board. (I 90-6) Staff recommendation: Approve. 11. Board Reappointment Consider approving the reappointment of Curtis Ackerlind Jr. to 40 his first term to the Airport Authority. (I 90-11) Staff recommendation: Approve. 12. Board Appointment Consider approving the appointment of Burke Cartwright to the Historical Landmark Committee. (I 90-9) Staff recommendation: Approve. 13. Board Appointment Consider approving the appointment of Robert N. Pett to the Historical Landmark Committee. (I 90-9) Staff recommendation: Approve. 14. Board Appointment Consider approving the appointment of Margaret Fuller to the Historical Landmark Committee. (I 90-9) Staff recommendation: Approve. 15. Board Appointment Consider approving the appointment of Ralph Neilson as the Planning Commission representative of the Historical Landmark Committee. (I 90-9) Staff recommendation: Approve. E. NEW BUSINESS: F. UNFINISHED BUSINESS: VT 1 . Resolution: Labor Protocol Agreement Consider adopting a resolution approving a Labor Protocol � Agreement and authorizing the Council Chair to sign the Agreement with the City Administration. s536(t3Pc'\- (C 90-718) � � CveuNt Staff recommendation: Adopt. ,� V 2s,C Ordinance: Moratorium on Demolitions of Residential Structures� Consider adopting an ordinance placing a moratorium on the Demolition of Residential Structures. (0 90-39) Staff recommendation: Refer to Thursday, December 13th agenda. f4s, 431) \A- (1)C / V_ �C��vv G. PUBLIC HEARINGS: 6:20 1 . Ordinance: Partial Closure of North Temple Receive public comment and consider adopting an ordinance closing a portion of old North Temple from 2100 West to 2200 West pursuant to Petition No. 400-787-90. (P 90-378) - 4 \\6\ Staff recommendation: dopt. ,, / 1 6:30 2. Ordinance: Partial Alley Vacation Receive public comment and consider adopting an ordinance vacating a portion of an alley between 1200 West and Oakley and 400 North to 500 North, pursuant to Petition No. 400-828-90. , ,��, 1 /,-,()� (P 90-379) �C.,d 11,V1J l.v� Staff recommendation: 001Adopt. (�.� \\Q'fr' '194 �lay 6:40 \ ,ti(,� 1, I 3. Ordinance: Budget Amendment !\ �� N VtkVlC( Receive public comment and consider adopting an ordinance amending (t , Salt Lake City Ordinance No. 69 of 1990 which approved, ratified and finalized the Budget of Salt Lake City, Utah, for the fiscal year beginning July 1, 1990 and ending June 30, 1991 . �'` _ (Op ����(B 9(0e-3) \� y�u� (�L � r5 ��"" `�" v "'"Staff recommendau ��S dopt. lN� 00°ateVok.k /1�t . a)bvtanc. AbuS¢. NUCA`A 6:50 ' 60,+ Co x 4. Ordinance: Petition No. 400-863-90/Salt Lake Airport Hilton exik. Receive public comment and consider adopting an ordinance amending Official City Map No. 19372 establishing city liquor districts and major streets to change the designation of the Salt Lake City International Center from District C to District A and add certain major streets. (P 90-407) ��(�� Staff recommendation: Cj Adopt. H. ADJOURNMENT Dikkedl(fAlf *1 FINAL ACTION MAY BE TAKEN AND/OR ORDINANCES ADOPTED CONCERNING ANY ITEM ON THIS AGENDA. DATED: December 7, 1990 BY: SP%/// Clef6,4.4,42.... e.„.--- Cl/ 'ECORDER STATE OF UTAH ) COUNTY OF SALT LAKE ) ss. On the 7th day of December, 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 315. 04477 C--4_4444aa____, / CITY RECORDER Subscribed and sworn to before me this 7th day of December, 1990. Notary Pl-.li"ding in the State of Utah Mv"C• nil,rr-limp i-resn--- _1 1: • Notar uic a j ` BARBA�►HAIGH r h 451 So.Ste%St.Rm 415 I Salt ace City,1.14th 841?2 My Commission Expims i Aur,v t 1,1993 j ",.9 oil!--a 1 APPROVAL: EXECUTIVE DIRECTOR • 'II.'q t •. .\ /: t' • � tl7" .. ram,;,��� . 'fit F • • 1.? 1' •fi. ••e. -. 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'!, I. fie ; 1 il t ' , l 1" �� • Op H1 I — ----1--- ------ a -5 SALT T` .\ r +ITY GORPORATION� PALMER DEPAULIS .+max-�-,� -@,� ,� .e-,,.ae. .�-.,s-�,.�v Wit;�-ter ,7 MAYOR OFFICE OF THE MAYOR CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7704 November 9, 1990 Alan Hardman, Chairperson, and Members of the Salt Lake City Council 451 South State Street, Room 304 Salt Lake City, Utah 84111 Dear Alan: I am transmitting herewith recommendations for board appointments which I would appreciate the Council to advise and consent upon: HISTORICAL LANDMARK COMMITTEE Burke Cartwright, to be appointed to fill an at-large vacancy created by Peter DuP. Emerson's unexpired term, for a term extending through July 14, 1991 Robert N. Pett, to be appointed to fill a Capitol Hill vacancy created by W. Randall Dixon, for a term extending through July 14, 1993 Margaret Fuller, to be appointed to fill an at-large vacancy created by M. Louis Ulrich, for a term extending through July 14, 1992 Ralph Neilson, to be appointed as the Planning Commission representative, for a term extending through July 14, 1993 LIBRARY BOARD Kate Lahey, to be appointed to fill a vacancy created by Stephanie Cannon, for a term extending through June 30, 1993 Priscilla Mayden, to be reappointed to her second term extending through June 30, 1993 Donna Smart, to be reappointed to her second term extending through June 30, 1993 HOUSING ADVISORY AND APPEALS BOARD Karen Wikstrom, to be appointed to her first full term extending through October 14, 1993 Roger Borgenicht, to be reappointed to his second term extending through October 15, 1993 Ron Rowley, to be reappointed to his second term extending through October 15, 1993 AIRPORT AUTHORITY Curtis Ackerlind Jr. , to be reappointed to his first term extending through January 16, 1995 Richard R. Steiner, to be appointed to his first term to fill a vacancy created by Joseph Rosenblatt for a term extending through January 16, 1995 UTAH AIR TRAVEL COMMISSION John Klas to be appointed to fill Mayor DePaulis' elective position,for his first full term, extending through September 1, 1993 MOSQUITO ABATEMENT DISTRICT Frank Jackson, to be reappointed to his second term extending through December 31, 1992 I would appreciate your consideration of these appointments and ask that they be placed on the Council 's agenda at the earliest opportunity. If I can provide you with any further information, please don't hesitate to call . Sincerely, ti�t�r�c�w Mayor PD/RBC:jf Enc. cc: Rosemary Curtin Bill Wright Dennis Day Harvey Boyd John Wheat Monte Yeager Sammie Dickson )44=3 PALMER DEPAULIS `+` ' +\lai atifir �� � D%� d f MAYOR OFFICE OF THE MAYOR CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7704 MEMORANDUM TO: Cindy Gust-Jensen FROM: Lynne Zimmerman DATE: October 29, 199 TOPIC: Mayor's Bicycle Advisory Committee Cindy, members of the Mayor's Bicycle Advisory Committee asked me to formally submit from them to you their request to meet with the City Council and brief them on the Committee's short and long range goals and on their current activities. The Bicycle Advisory Committee, which meets monthly, was formed in 1987. Since that time it has become increasingly active. The Committee is divided into several sub-committees, including Education and Safety, Trails, and Legislative. Activities the Committee has either initiated or participated in include the Citibank Century Ride, which last May brought more than 1000 participants , Bike to Work Day, and the Neighborhood Council Workshops. The Committee is very interested in promoting bicycling as a viable non-polluting alternative to motor vehicle transportation. In March of this year, members met with the Utah Governor's Clean Air Commissions to share ideas about ways in which bicycling can be a significant contributing factor in helping our community better comply with the Clean Air Act. Attached is the Committee's Action Plan, which more completely explains the group's objectives. I think it would be very helpful to Council members to read this reletively short plan prior to a meeting with Bicycle Advisory Committee members. Thank you again, Cindy, for your willingness to arrange this meeting. I 'm sure it will be mutually beneficial . July 27, 1990 Salt Lake City Mayor' s Bicycle Advisory Committee Action Plan Objectives I. Facilities. A. Parking and Storage for Bicycles 1. Write and implement a local ordinance that will require that all entities (multiple unit dwellings, businesses, etc. ) which are required to provide off-street automobile parking must also provide bicycle parking facilities (three slots or ten percent of the number of off-street automobile parking places required, whichever is greater) . The ordinance should require that the bicycle parking facilities provide easy access, security, and protection from the weather. B. Trails and Paths 1. Update the Salt Lake City Master Bikeway Plan to include provisions for completion of an expanded network of bicycle routes, trails and paths around and through the Salt Lake valley. The plan should recommend the following programs and procedures: a. Bicycle facilities (e. g. , a bicycle boulevard or bike freeway concept) on all arterials and collectors. b. Bicycle facilities on all new roads constructed. c. A continuous system of bicycle routes with no gaps or interruptions in access. d. Bicycle facility requirements as part of the permitting process for development or redevelopment. e. Use of riparian corridors (such as Jordan River), unused railways and other public rights of way for bike paths. f. Replacement of drainage grates on all roadways with bicycle-safe grates. g. Bicycle activated traffic signals to improve bicycle traffic control. Adjustment of traffic actuated devices to better accommodate bicyclists. h. Adapt public works programs to bicyclists to include wider gutters, no-lip driveways, striping and signing of bicycling facilities, and construction of bicycle overpasses and underpasses where feasible. 2. Specific short-term objectives for trails and paths: a. Completion of the 11th Avenue bicycle route to extend eastward along the bench land behind Federal Heights, thence southerly behind the University of Utah Campus, Research Park and Pioneer State Park. This route should continue across the mouth of Emigration Canyon to connect with Wasatch Boulevard. The entire route should be designated a Class I Bikeway. b. Establish a Class II Bikeway along Wasatch Boulevard from 4500 South to the mouth of Little Cottonwood Canyon. c. Develop a " bicycle boulevard" as a demonstration project on a street with relatively heavy bicycle commuter traffic, such as a route to the University of Utah. The boulevard would incorporate facilities as described above (improved and well marked bicycle paths, bicycle-safe grates, bicycle- actuated devices, etc. ) and would be designed to minimize interference by cross-traffic during peak periods. This project would demonstrate the benefits of coordinated automobile and bicycle traffic and the values of bicycle commuting and its resultant environmental and other benefits, and would generate public and private support for Salt Lake City` s bicycle programs. -2- II. Education, Enforcement and Safety. A. School Programs 1. Bicycle education programs for school age (elementary through high school ) children in each school at least once per year. These programs should encourage students to ride bicycles to school. 2. Completion of a Bicycle Safety Brochure or handbook to be distributed to all school age children. B. General Education and Enforcement 1. Include bicycle regulations in the State driver' s handbook. 2. Mandatory safety seminar for violators of bicycle laws. C. Safety Ordinances 1. Amend ordinances to provide that in a crosswalk, cyclists have the same rights as pedestrians, and that cyclists must move at walking speed while in a crosswalk. III. Bicycle Awareness Month To Be Designated Each May. A. Citibank (or other corporate sponsor) Annual Century Recreational Bike Ride. 1. Continue MBAC involvement in organizing this event and increase participation by citizens throughout Utah. 2. All funds raised from the event to be targeted for use in paying for selected bicycle initiatives, i. e. , a fundraiser for bicycling. B. Mayor' s Bike To Work Day 1. Maintain the tradition of the Mayor' s Bike To Work Day with the addition of efforts on the part of Salt Lake City and the MBAC to educate and increase citizen awareness concerning the role of -3- the bicycle as a means of year-round transportation. C. Other Programs and Initiatives 1. Earth Day Ride 2. Salt Lake Classic Bicycle Escort Services 3. Neighborhood Council Workshops 4. Sports Festival Booth IV. Miscellaneous Objectives And Action Items. A. Bikeways Map 1. Complete a new version of the Salt Lake Bikeways Map with a safety guide and distribute to appropriate entities. B. Travel Reimbursement and Shower Facilities 1. Consider supporting the reimbursement of city employees for mileage they accrue while using a bicycle for city business. 2. Encourage or require large employers to provide shower and dressing room facilities for their employees who commute by bicycle to work. C. Mass Marketing and Bicycle Awareness Campaign 1. Develop selected public service announcements on bicycle safety, laws and education to promote awareness of bicycles. The public service announcements will be sponsored by the MBAC. 2. Use the MBAC and citizen volunteers to staff a series of Bicycle Awareness Seminars to be presented to community leaders, businesses and corporations. The seminars will target the activities and recommendations of the MBAC and local conditions and problems in Salt Lake, and will use the video tape produced in the Summer of 1990. -4- V. Funding and City Support Issues. A. Citibank (or other corporate sponsor) Annual Century Recreational Bike Ride. All funds used for bicycling initiatives. B. Annual fundraiser for bicycling to be held in addition to Century Ride. C. Continue volunteer support and contributions of MBAC and other bicycle activists. D. Additional recommendations to the Mayor regarding the need for funding and other resources. 1. Earmark a portion of the City' s general fund for bicycle initiatives. 2. Use of a transportation excise tax to help fund bicycle programs and facilities. 3. Target a transportation fund to be derived from existing taxes to be earmarked for bicycle programs and facilities. 4. Allocate one percent or more of the State Highway Fund and/or City Transportation Budget for bicycle facilities and paths. The Master Bikeway Plan should specify expenditure priorities for the funds. 5. Pursue legislation similar to California' s State Transportation Development Act or " CalTrans" Fund. Two percent of this fund is used for bicycle and pedestrian projects. In addition, San Diego County voters approved a 0. 5 percent sales tax for transportation improvements. Revenues are to be placed in a special fund. $1 million per year is dedicated for bicycle projects. 6. Use all or a portion of revenues from bicycle licensing fees to fund selected bicycle projects. 7. Appoint a city employee to serve as a full-time coordinator for bicycle programs in Salt Lake City. In order for the MBAC' s objectives to move forward, additional staff resources from the city are necessary. -5- 8. Examine additional state and private sector funding sources to be sure that Salt Lake City is taking full advantage of funds available. -6- _ c I _0r111/41, 1 t • 1914 • GUIDE FOR BICYCLE ROUTES • • • Prepared by the Standing Committee on Engineering Operations American Association of State Highway and Transportation Officials . 1 This guide : laws pertaining to the opera- tion of bicycles on public highways and streets; a discussion of planning con- siderations as an aid in assessing the need for bicycle routes of various func- tional types and in selecting locations for such routes; an examination of REVIEW C geometric and other design criteria; the presentation of guide values for certain dimensional elements; and a brief discussion of appurtenances and admini- The location and design of l strative considerations related to policing and maintenance. quirements imposed by applicable This guide does not cover design details of facilities for motorized vehicles operation of bicycles on public h such as minibikes. motorized scooters, motor bikes, etc. The use of these type and local ordinances concerning vehicles should not be sanctioned on bicycle facilities as they create a hazard for } State. It may be prudent. if not bicyclists and adversely affect the habitability of nearby residences where bicycle ordinances to assure safe and e facilities are located in residential areas. routes is to be introduced with. streets. The desirability for such ; Definitions tion of current laws in each State The National Committee or The types of bicycle facilities that are discussed and their definitions as designed a specimen set of vehicl used herein are as follows: - hicle Code (UVC), which has I Bicycle—A device propelled exclusively by human power upon which any standard to assist the individual person may ride, having two tandem wheels. vehicle and traffic laws. Article X and Play Vehicles," may be c Bicycle Route. Bicycle Way. or Bikeway—Any road, street, path or way regulation. In addition to speci which in some manner is specifically designated as being open to bicycle travel, contains a specimen set of vehie regardless of whether such facilities are designated for the exclusive use of "Model Traffic Ordinance" (M1 bicycles or are to be shared with other transportation modes. mended State law embodied in th Bicycle Trail—A separate trail or path which is for the exclusive use of bi- Those portions of the UVC cycles. Where such trail or path forms a part of a highway it is separated from tion are included as an appendix the roadways for motor vehicular traffic by an open space or barrier. A majority of the States hay i the UVC. The existing MTO doe Bicycle Lane—A portion of a roadway which has been designated for pref- for bicycles. In general. it requirt erential or exclusive use by bicycles. It is distinguished from the portion of the # and pedestrian signals when disrr roadway for motor vehicular traffic by a paint stripe, curb or other similar The UVC indicates that bic: device. on which they have the same rit .. Shared Roadwa—A roadway which is officially designated and marked as controlled access highways they ded a bicycle route but which is open to motor vehicular travel and upon which no The term "roadway" as ludo o i .. bicycle lane is designated. the UVC does not exclude or median or border area of a cc • prohibited from using the roadwr The Uniform Vehicle Code definition for bicycle is identical to the one any part of the right-of-way of c above except that it includes the words ". . . larger than 14 inches in diam- some States from putting separa eter." This is considered too limiting for the subject area covered in this Guide, controlled-access highways w•ithot and the clause has been omitted. The definition is not intended to exclude three-wheeled cycles, as are in use in some areas. Unless otherwise stated, the term roadway is used herein as defined in AASHO Highway Definitions. 1968, i.e., "the portion of the highway, including shoulders, for vehicular use. . ." 2 Salt Lake City Mayor's Bicycle Advisory Committee SALT LAKE CITY BIKE WAYS February 26 1990 Currently, there are 15.5 miles of bikeways in the Salt Lake City area. 12.75 miles were in existence in 1988 and 2.75 were added in 1989 with a proposed 2.75 miles to be added during 1990. There is also an existing system at the University of Utah Campus which is not included in this list. The present Bikeway Master Plan indicates an additional 74 miles of city bikeways, but needs to be upgraded and reevaluated in relation to mass transit system interphase and public demand. The bikeway master plan includes a future City Loop which would be a 25 mile circuit around the immediate city, of which 3 miles are existing in the city and 6 or 7 miles will be a portion of the State's Jordan River Parkway system. The current Salt Lake City Bikeway System per the Master Plan entails over 100 miles with an additional 10 to 15 miles of State system in the Jordan River Parkway and the University of Utah Campus system, for a total of about 110 to 115 miles. Salt Lake City also has 16 bike rack parking areas in the downtown vicinity and proposes additional parking with commercial and private interest. BICYCLE INFORMATION Bicycling nationally has doubled in the past seven years, since 1982, and has increased locally as well. "In 1988 there were 20 million American adults biking regularly", "there were only 27 million commuters". Converting 2.5 % of all automobile traffic to bikes would result in a 5 % decrease in air pollution. (Deseret News Oct. 1989.) "33 states included Bicycle promotion measures in their plan to implement the Federal Clean Air Act of 1970." " The worid's 800 million bikes outnumber cars 2 to 1" and in "1987 production was 3 to 1." "In America there are 0.42 bicycles for every person. Only one bike in 40 is used for commuting." A 1983 study showed that by "getting to public transit by bicycle instead of by car would save each commuter roughly 150 gallons of gasoline a year". When drivers switch to bike-and-ride commuting his or her annual gasoline use drops by some 400 gallon, half the amount consumed by the typical car in a year. "Providing safe commuting routes, such as paved shoulders along highways or cycling routes separate from streets, may be the most important thing a government can do to encourage cycling." 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SARGENT _S\a�wit Ui. %(tE`;; a° am CHIEF OF FIRE DEPARTMENT 799-4101 FIRE DEPARTMENT 315 EAST 200 SOUTH SALT LAKE CITY, UTAH 84111 To: Salt Lake City Council Date: November 8, 1990 Re: Interlocal Cooperation Agreement between Salt Lake City Corporation and State of Utah Department of Health, Division of Health Services Recommendation: It is recommended that the City Council agrees to this Agreement. It is an ongoing Interlocal Cooperation Agreement to provide grant funds under the Per Capita E.M.S. Grants program for the purpose to fund E.M.S. training, testing and certification programs and for the purchase of E.M.S. equipment used for patient care, transportation or communications purposes. Availability of Funds: None required. Submitted by: M. _A7,— Dennis M. Sargent Fire Chief Salt Lake City Fire Department Attachments - 1 Original - 16 Copies RESOUJPION NO. OF 1990 AUTHORIZING THE EXECTPION OF AN IN11RLOC'AL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPJRATION AND STATE OF UPAH Deportment of Health, Division of Health Services WHEREAS, Title 11, Chapter 13, U.C.A., 1953, as amended, allows public entities to enter into cooperative agreements to provide joint undertakings and servir s; and WHEREAS. the attached agreement has been prepared to accomplish qai d purposes; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1. It does hereby approve the attached agreement generally dPgcribed as follows: To provide grant funds under the Per Capita E.M.S. Grants pruyiam, according to the Emergency Medical Services Grants PLuyiam Act to Salt Lake City in the stun not to exceed $51,527.00 for the purpose to fund E.M.S. training, testing and certification programs and for the purchase of E.M.S. equipment used for patient care, transportation or communications purposes. 2. Palmer A. TrePaulis, Mayor of Salt Lake City, Utah, is hereby authorized to execute said agreement on behalf of Salt Lake City Corporation and to act in accordance with its terms. Passed by the City Council of Salt Lake City, Utah, this day of , 1990. SALT LAKE CITY COUNCIL BY CHAIRMAN A'1`1EE±T: CITY RECORDER 288 North 1460 West Salt Lake City, Utah 84116 State Contract Number CONTRACT Procurement Information See page 2 1. SOURCE OF FUNDS: CFDA#: 2. COMPENSATION TYPE: 3. LEGAL STATUS OF CONTRACTOR: Federal F Fixed Price LG [] Sole Proprietor X State EMS Grants, Per Capita C X Cost Reimbursement CU [] Non-Profit Corporation Contractor's Share S_ Fee for Service NP [] For-Profit Corporation Low Org# 2871 Activrty#A748 O_ Other s CC [] Partnership OT [X] Governmental Agency 4. STATE AGENCY INFORMATION: 5. NAME OF CONTRACT: EMS Grants Program Division: Community Health Services NAME OF CONTRACTOR: SALT LAKE CITY FIRE DEPARTMENT Bureau: Emergency Medical Services ADDRESS: 315 East 200 South, 7th Floor Contact Person: Richard L. Warburton Salt Lake City, Utah 84111 Phone Number: (801) 538-6435 CONTACT PERSON: Michael Jessop Phone #: 779-4173 6. CONTRACTING PARTIES: This contract is between the State of Utah Department of Health, herein referred to as DEPARTMENT, and SALT LAKE CITY/FIRE DEPARTMENT herein referred to as CONTRACTOR. 7. CONTRACT PERIOD: The term of this contract shall begin on September 1, 1990, and terminate on June 30, 1991, unless otherwise modified, extended, or terminated in accordance with the terms and conditions of this contract. 8. CONTRACT AMOUNT: Contractor will be paid a maximum amount of$51,527.00 9. GENERAL PURPOSE OF CONTRACT: The purpose of this contract is to improve the quality of emergency medical services in Utah by allocating funds to prehospital emergency medical service provider agencies for specified and discretionary use in accordance with 26-8-2.5, Utah Code Annotated and Department expenditure guidelines. 10. REFERENCE TO ATTACHMENTS: Attachments included as part of this contract. Attachment A- Utah Department of Health - General Provisions for contracts with other Utah Governmental Entities incorporated by Memorandum of Agreement dated July 1, 1990. Attachment B- 11. DOCUMENTS INCORPORATED INTO THIS CONTRACT BY REFERENCE BUT NOT ATTACHED HERETO: • a. CONTRACTOR's FY 1991 agency roster b. All other governmental laws, regulations, or actions applicable to services provided herein. IN WITNESS WHEREOF, the parties have agreed to the provisions of this contract and cause this contract to be executed. CONTRACTOR: SALT LAKE CITY/FIRE DEPARTMENT UTAH DEPARTMENT OF HEALTH Signature of authorized individual Signature of authorized individual By: . . By: Typed Name: Typed Name: J. BRETT LAZAR, M.D., M.P.H. Title: . . Date: Title: Deputy Director Date: • Federal tax ID# 90074 Page 1 1 . 1 LOW ORG #: 2871 ACTIVITY: A748 $51,527.00 FUNDING: EMS PER CAPITA GRANTS PROGRAM SPECIAL PROVISIONS A. STATE Agrees to: 1. Provide funds to the CONTRACTOR in the amount not exceeding $51,527.00. 2. Reimburse CONTRACTOR for initial training of personnel in STATE certifiable training programs following completion of training and certification by the STATE. 3. Process payments upon receipt of claims for reimbursement from CONTRACTOR for expenditures not to exceed the total of the amount shown in A.1. above. 4. Vest title to any and all equipment acquired through the expenditure of funds pursuant to this contract with the CONTRACTOR (26-8-2.5 Utah Code Annotated). This supersedes General Provision 8-a. B. CONTRACTOR Agrees to: 1. Limit the expenditure of funds under this contract to the following purposes: EMS training, testing and certification programs and for the purchase of EMS equipment used for patient care, transportation, or communication purposes. Funds may be used to purchase computer equipment or programs if such purchases directly relate to the purposes noted. Funds shall not be used for routine operational expenses including gasoline, oil, tires, vehicle or other equipment maintenance and repairs, leases, and personnel costs (unless directly related to training). 2. Provide for the 24 hour operation and maintenance of all communication equipment purchased under this contract. 3. Submit claims for reimbursement with copies of invoices which are consistent with items described on the budget page. Reimbursement is contingent upon the items purchased being consistent with Item B-1, Special Provisions. The final claim shall be submitted to the STATE no later than July 15, 1990. Reimbursement will not be made for claims received after this date. However, all { reimbursable items must have been received or completed prior to the termination date of the contract. All copies must be legible. 4. Expend money acquired through the disposition of equipment purchased under this contract only for equipment used in the provision of emergency medical services. Page 3 UTAH DEPARTMENT OF HEALTH SIGNATURE PAGE - STATE APPROVAL LOW ORG #: 2871 ACTIVITY : A748 $51,527.00 CONTRACT NAME: EMS PER CAPITA GRANTS PROGRAM CONTRACTOR: SALT LAKE CITY/FIRE DEPARTMENT APPROVED AS TO AVAILABILITY OF FUNDS: Date Division Management Service Coordinator Date Department of Health Financial Manager Date State Division of Finance APPROVAL BY DIVISION DIRECTOR: Date Doug Vilnius, Director Division of Community Health Services PROCUREMENT: This contract is entered into as a result of: (please indicate) X 1.a contractual agreement between the State and a governmental entity exempt from procurement as provided by State purchasing rules. • 2.a Sole Source contractor justified by attached memorandum approved by the Division of Purchasing. 3.the procurement process on requisition # FY AUDIT INFORMATION 1. Provide the name, address and telephone number of the STATE staff person responsible for the contract administration and monitoring function: (See information on p.1 #4 State Agency Information). Name Richard L. Warburton, Director, Bureau Emergency Medical Services Phone 538-6435 2. Does this contractor receive $25,000 a year or more in State or Federal Funds? Yes _ No X What is contractor's fiscal year end? NOTE: Any contractor who receives$25,000 or more in a year from State or Federal sources may be subject to State and Federal Audit requiremen• See General Provisions Section 7. RELATED PARTY TRANSACTIONS: Are any declared by CONTRACTOR? Yes_ No X See RELATED PARTIES - General Provisions, paragraph 18 List Related Parties to whom payments are being made: Name Relationship Purpose of payment 90074 Page 2 1 UTAH DEPART M E N T OF HEAL T H GENERAL PROVISIONS FOR CONTRACTS WITH OTHER UTAH GOVERNMENTAL ENTITIES '. as usea throughout these General Provisions, the following terms shall have the meanings set forth herein: a. "Contractor" means the person, or government agency, as designated in the heading, who is performing the services or delivering the items described in this contract. b. "State" means the State of Utah. c. "Department" means the Utah Department of Health. d. "Director" means the Executive Director of the Utah Department of Health or duly authorized representative. e. "Subcontract" means any Contract between the Contractor herein and a third party for the provision of items or services which the original Contractor has himselF/itself contracted with the Department to perform, except purchase orders for standard commercial equipment, products, or services. F. "Recipient" means individual persons who are eligible fur services provided by the Department or by an authorized Contractor of the Department. g. "Local health department" means a city-county or district health department. h. "City-County health department" means a local department established -under 26-24-5 Utah Code Ann. 1953 (UCA), as amended, which serves a county and the municipalities located within those counties. i . "District health department" means a local health department existing under 26-24-6 Utah Code Ann. 1953 (UCA), as amended, which serves two or more contiguous counties and municipalities located within those counties. 'Dubiic Officer" means any elected or appointed officer of the State or any of its political subdivisions .ono occupy policy-making posts but excludes legislators, legislative employees, and special employees. <. "Special employee" means: • (1) Any member of any commission, board, division, council, committee, or authority of the State serving on a part-time basis, either with or without compensation; or (2) Any person who is appointed or employed by the State, a political subdivision, or an agency to perform special or temporary duties, either with or without compensation, for an aggregate of less than 800 hours during any period of 365 days. 1 . "Public employee" means any person who is not a public officer who is employed on a full, part-time, or contract basis by the State of any or its political subdivisions but excludes legislators, legislative employees, and special employees. m. "Equipment" means capital equipment which costs $500 or more and has a useful life of one year or more. n. "State Law" includes, but is not limited to, statutes, rules and regulations of the State. o. "Federal Law" includes, but is not limited to, statutes, rules and regulations of the Federal Government. -1- omie p. The definitions set forth in 63-56-5 of the "Utah Procurement Cade," Utah Code Ann. 1953, as amended, ar incorporated herein by reference. q. "General Provisions" means those provisions of this contract which are set forth under the heading "Genera Provisions." r. 'Special Provisions" means those provisions of this contract which are in addition to the General Provisions 2. CONFLICT BETWEEN PROVISIONS If the General Provisions and Special Provisions conflict, the Special Provisions shall govern. In the even that the contractor's terms, conditions, specifications, or scope of work conflict with those of the Department the Department's terms, conditions, specifications, and scope of work shall prevail for purposes of contrac. interpretation. 3. GENERAL REQUIREMENTS a. This contract agreement shall become effective on the date specified in the contract, provided that it i s:zned by the Director and approved by the State Division of Finance.. b. This contract shall be construed in accordance with Utah law and any legal action there upon shall P. initiated in an appropriate court of the State of Utah. c. The Contractor shall obtain and maintain all licenses, permits, and authority necessary to do business an( render services under this Contract, and shall comply with all laws regarding unemployment insurance disability insurance, and workmen's compensation. d. 3oth parties agree that the Contractor shall be deemed independentf rformance o• 9 from the Department in the performance this Contract, and shall comply with all laws regarding unemployment insurance, disability insurance, an( workmen's compensation. As such, the Contractor shall have no authorization, express or implied to bind thi Department to any agreement, settlement, liability, or understanding whatsoever, and agrees not to perforr nv acts as agent for the Department except as expressly set forth herein, e. =c:'.usive of 'salary, which is paid under this contract, no public officer •or public employee shall , througr _7e use of his official position, secure or gain a pecuniary benefit arising out of the execution u, :moiementation of this Contract, in violation of the Public Officers' and Employees' Ethics Act Sectioi 67-16-1 et. seq., UCA (1953)- f. C';NTRACTOR represents that none of it's officers or employees are officers or employees of the STATE of Utal unless disclosure has been made in accordance with Section 67-16-8, UCA 1953, as amended. g. The declaration by any court or other binding legal source, that any provision of this contract is illega. and void, shall not affect the legality and enforceability of any other provision of this contract unlesi said provisions are mutually dependent. 4. OTHER CONTRACTS The Department may perform additional work related to this Contract or award other contracts for such work. Th4 Contractor shall cooperate fully with other contractors and/or public officers and public employees in th( scheduling of and coordination of its own work with any additional work. The Contractor shall give other contractors reasonable opportunity for the execution of their work and shall not commit or permit any act whicl will interfere with the performance of work as scheduled by any other contractor or by public officers and public employees. -2- 90014 This section shall be included in all subcontracts and will be included in the contracts of all contractors with whom this Contractor will be required to cooperate. The Department shall equitably enforce this section as to all contractors, to prevent the imposition of unreasonable burdens on any contractor. a. Unless otherwise agreed by the terms of this Contract, the Contractor shall not subcontract with any other party for the furnishing of the work or services contracted for herein without the prior written approval of the Department. When authority to subcontract is granted, the Contractor agrees to use written subcontracts drawn in conformity with Federal and State laws which are appropriate to the activity covered by the subcontract, which shall include all of the general provisions set forth here;-,, and which shall apply with equal force to the subcontract, as if the Subcontractor were the Contractor referred to herein. The Contractor is responsible for contract performance whether or not subcontractors are used. The Contractor shall submit a copy of each subcontract to the Department for approval at least 20 days prior to its effective date. b. No rights or obligations of the Contractor under this Contract shall be assigned without the prior written consent of the Department. OwNERSHIP OF INFORMATION Exclusive of confidential medical records, title to all reports, information, data, computer data elements, am software prepared by the Contractor in performance of this Contract shall vest in the State, unless otherwise provided for in this Contract. Subject to applicable State and Federal 'aws, regulations, and contract requirements, the State shall have full and complete rights to reproduce, duplicate, disclose, and otherwise use all such information. Use of medical records by state personnel is governed by Section 26-25-1 through 26-25-5 Utah Code Ann. (1953) and will be strictly observed. CONFIDENTIALITY OF RECORDS The Contractor shall establish, maintain and practice procedures and controls that are in compliance with Federal and State laws, and that are acceptable to the Department for the purpose of assuring that no information contained in the Contractor's records or obtained from the Department or others in carrying out its functions under this Contract, shall be used or disclosed by it, its agents, officers, cr employees except as is essential to the performance of duties under this Contract. Person requesting such information should be referrea to the Department to assess compliance with Title 26, Chapter 25 Utah Code Ann. (1953). The Contractor also agrees that .iny information pertaining to recipients shall not be divulged, other than to officers or employees of Contractor as is required for the performance of duties under the Contract, except upon the prior written consent of the Department. 1. RECORD KEEPING, AUDITS, AND INSPECTIONS a. The Contractor and any Subcontractors shall maintain financial and operation records in sufficient detail to document all transactions related to the disbursement of contract Funds. The Contractor and any Subcontractors shall maintain and make available for audit and inspection all records relating to Contract services, requirements, and expenditures until all audits initiated by State and Federal auditors are completed, or for a period of five years from the date of termination of this Contract, whichever is shorter, and for such period as is required by any other paragraph of this Contract. Records which relate to disputes, litigation, or the settlements of claims arising out of the performance of this Contract, or to cost and expenses of this Contract as to which exception has been taken by the Director, shall be retained by the Contractor until disposition has been made of such disputes, litigation, claims or exceptions. -3- 900/4 • D. Contractor agrees to comply with State regulations concerning audit requirements for local governments and nun-profit organizations as required under Utah Code 51-2-1. (Generally, local Governmental Entities, which receive State funds of $25,000 ur more each year, may be required to obtain a Financial audit by an independent Certified Public Accountant.) Contractor agrees to comply with Federal regulations concerning cost principles and auuit requirements where applicable. A schedule of applicable principles and requirements is provided below. See Page I section 3 For the corresponding entity type for this contract. (Generally, governmental entities that receive $25,000 or more each year in federal funds may be required to obtain an independent financial audit in compliance with the Single Audit Act of 1984.) FEDERAL CONTRACT AND GRANT ADMINISTRATION AUDIT REQUIREMENTS COST AUDIT RECIPIENT PRINCIPLES REQUIREMENTS it.ite or Local Goverment OMB Circular A-81, OMB Circular A-128 :oll ue or University OMB Circular A-21 OMB Circular A-110 Attachment F 3. SUBMISSION OF REPORTS FOR PAYMENT a. Contractor agrees that payments made by the Department to the Contractor are conditioned upon receipt of ,applicable, accurate, and complete reports to be submitted by the Contractor. The Department shall pay for completed services within 60 days after receipt of the Contractor's invoice. D. Reimour;enx:nt of expenditure contracts: Contractor agrees to submit to the Department monthly expenditure reports within twenty (20) days following the end of the month in which the expenditures were made. Claims na ; be made on State claim forms and shall total actual expenditures less fees collected, any. For ;:urooses of defining contract costs, the Sate shall adopt the applicable OMB circular noted `n lc above -egaruless of funning source unless otherwise defined in ,the contract special provisions. -Ne -For-service contracts: Contractor agrees to submit to the State monthly billings within twenty (20) days Following the end of the month in which the services were provided. Billings shall be sufficiently detailed to indicate the number of services provided and the cost of each service. RECOUPMENT OF CONTRACT PAYMENTS Unacceptable Expenditures: Based upon audit, the Contractor agrees to reimburse the Department for all contract funds expended which are determined by the Department not to have been expended by the Contractor in accordance with the terms of this Contract. Such a contract shall be considered executory until such repayment is made. The Department may also elect to withhold reimbursement amounts from any further payments due Contractor under this Contract, any other current contract between the State and the Contractor, or any future payments due Contractor dealing with a similar activity from Department under a subsequent agreement. -4- 90014 WARRANTY Contractor warrants that: a. All services shall be performed in conformity with the requirements of this Contract by qualified personnel in accordance with generally recognized standards. b. All nonservice items furnished pursuant to this Contract shall be free frum defects and shall conform to Contract requirements. Any items determined by the Department to be in nonconformity with this warranty shall be repaired or replaced at the Department's option and at the Contractor's expense, for up to one year following the completion or termination of this Contract. 11. MODIFICATIONS AND WAIVERS a. This instrument contains the entire Agreement between the parties, and no statements, promises, or inducements made by either party or agent of either party, which are not contained in the written agreement, are valid or binding. . The terms, scope of work, or amount in this Agreement may not be enlarged, modified, or reduced except by written amendment signed by the parties. No change, alteration, or erasure of any printed portion of this Agreement is valid or binding unless agreed to and initialed by both parties. 12. INDEMNIFICATION Both parties are governmental entities under the "Utah Governmental Immunity Act," Title 63 Chapter 30 Utah Code Ann. 1953 as amended. Consistent with the terms of this Act, it is mutually agreed that neither party is responsible nor liable to the other party for wrongful or negligent acts which it commits or which is committed by its agents, officials ur employees. Neither party waives any defenses otherwise available under the Governmental Immunity Act. 3. DEFAULT AND TERMINATION .oth parties shall have the right to terminate this Contract in whole or in part with cause which includes. out is not limited to, failure to perform any requirements of this Contract or failure to make satisfactory progress toward performance. In such case, the party terminating the contract shall transmit 15 day notice of intent to terminate citing the cause for termination to the other party by certified mail, return receipt requested. IF the default is not cured with-in the 15 day notice period to the satisfaction of the terminating party, this Contract shall then terminate 45 days from receipt of the notice or at a later date specified in the notice. b. Financial obligations of the state, payable after the current fiscal year, are contingent upon funds for that purpose being appropriated, budgeted, or otherwise available. The Department agrees that it will use its best efforts to obtain such funds. In the event funds are not appropriated or otherwise are unavailable to continue the payments under this Contract, the Department may terminate this Contract by giving thirty (30) days' written notice by certified mail, return receipt requested, effective upon receipt of such later date as specified in the notice. c. If required by a reduction in Federal funding, or otherwise required by Federal or State Law, the amounts authorized in this Contract shall be reduced or the Contract terminated with thirty (30) days' written notice by certified mail, return receipt requested to the Contractor. -5- 90014 d. If the Contractor defaults in any manner in the performance of any obligation under this Contract, or if audit exceptions are identified, the Department may, at its option and in addition to other available remedies, either adjust the amount of payment or withhold payment until satisfactory resolution of the default ur exception. The Contractor, shall have the the right to written notice of the Department's action in adjusting the amount of payment or withholding payment. Under no circumstances shall the Department authorize payment to the Contractor that exceeds an amount specified in the Contract without an approved amencment to the Contract. The Department may, at its option, withhold final payment under the Contract until receipt of all final reports and deliverables. e. In the event of termination as provided in this section, the Contractor shall stop all work as specified in the notice of termination and immediately notify all subcontractors in writing to do the same. F. The Contractor shall continue the performance of this Contract to the extent not terminated under the provisions of this section. g. In the event the Director terminates this Contract in whole or part as provided in this section, the Department may procure, upon such terms and in such manner as it may deem appropriate, services similar to those terminated. h. Should the Director procure other services as provided in subparagraph g, the Contractor shall not be liable for any excess costs for failure to perform this Contract unless failure to perform results from Contractor's fault or negligence. If the failure to perform is caused by the default of a subcontractor, the Contractor shall be liable if the services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required schedule. i . If the Contract is terminated as provided herein, the Director, in addition to any other rights provided in this section, may require the Contractor to transfer title to and deliver to the Department, in the manner and to the extent directed by the Director, such partially completed reports or other documentation as the Contractor has specifically produced or specifically acquired for the performance of any part of this Contract as has been terminated. Payments for completed reports and other documentation delivered to and accepted by the Director shall be. in an amount agreed upon by the Contractor and the Director. to riynts and remedies of the Department enumerated in this section shall be in addition to any other riynts and remedies provided by or under this Contract and/or available at law or equity. k .4. '`ISFUTES a. Any disputes pertaining to this Contract shall be governed by the rules of the Department, or appropriate Division thereof, in accordance with Utah State law and any applicable Federal law. 15. FEDERAL AND STATE REQUIREMENTS The Contractor shall comply with all applicable Federal and State Requirements including but not limited to the Following:* a. Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. - 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. - 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. - 6101-6107), which prohibits discrimination on the basis of age; (e) Utah's Executive order of 1989 which prohibits sexual harassment in the workplace. ,.ontractor may be subject to other State and Federal laws depending on the program and source of funding. If you have questions, contact the awarding agency. -6- b. :nvironmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and ExecutivE Order (MO) 11514; (b) notification of violating wetlands pursuant to ED 11138; Cc) protection of lido( nazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approve( State management program developed under the Coastal Zone Management Act of 1912 (16 U.S.C. - 1451 et seq.) ; (F) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. - 1401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1914, as amended, (P.L. 93-523); and (h) protection or endangered species under the Endangered Species Act of 1913, as amended, (P.L. -3-205). c. P.L. 93-348 regarding the protection of human subjects involved in research, development, and relates activities supported by this contract. d. Certification of Compliance with Government-wide Guidance on lobbying restrictions (31 U.S.C. - 1352) whist. =1 requires undersigned to certify, to the best of his or her knowledge and belief, that: (l) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, tc any person for influencing or attempting to influence an officer or employee of any agency, a meaner or Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with the awarding of any federal; contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an .officer or employee of any agency, a member of Congress, ar officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standarc 0 Form LLL, "Disclosure Form to report Lobbying," in accordance with its instructions. e. mortification of compliance that neither it nor its principals is presently debarred, suspended, proposec `or debarment, declared ineligible, or voluntarily excluded from participation in this transactior contract) by any governmental department or agency. And have not, within the past three (3) years beer :onvicted of, indicted for, or had a civil judgement rendered against them, nor are presently indicted for *.he commission of fraud or a criminal offense for acts relating to any public transaction. During this period CONTRACTOR has not had a public transaction terminated for cause or default. If CONTRACTCR cannot .:ertify compliance with any of the statements above, attach a written explanation to the contract. 16. THIRD PARTY COLLECTIONS Contractor agrees to bill and collect funds from recipients and third parties where there is a third party liability for payment for services, i.e., private insurance, etc. 11. NOTICES Whenever notice is required pursuant to the terms of this Contract, such notice shall be in writing, shall be delivered by certified mail, return receipt requested, and shall be directed to the person at the address lister on page 1 of the contract. -7- 90014 NOTICES whenever :,otice is required pursuant to the terms of this Contract, such notice shall be in writing, shall be delivered by certified mail, return receipt requested, and shall be directed to the person at the address listed on page I of the contract. '8. RELATED PARTIES (Applies to Cost Reimbursement Contracts ONLY.) The CONTRACTOR shall not make payments for goods, services, facilities, salary/wages, professional fees, leases, etc., to related parties for contract expenses without the prior written consent of the STATE. Disbursements by the CONTRACTOR to related parties made without such prior approval may be disallowed on audit, and may result in an overpayment assessment. "Related Parties" for the purpose of this contract, shall mean organizations/persons related to the CONTRACTOR by any of the following: Marriage; Blood; One or more partners in common with the CONTRACTOR; One or more directors or officers in common with the CONTRACTOR; More than 101. common ownership, direct or indirect, with the CONTRACTOR. END OF GENERAL PROVISIONS I . -8- 90014 t MIKE ZUHL SALT_-LAKES C-� TjYf COR-„�,,,��P®. LION,_ 3 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 November 15, 1990 RE: Petition No. 400-820-90 submitted by Robert Hansen Recommendation: That the City Council hold a public hearing on January 8, 1991 at 6:20 p.m. to discuss Petition No. 400-820-90 submitted by Robert Hansen. The petitioner is requesting that a 11' x 140.99' piece of property located west of 2091 East 1300 South be rezoned from Residential "R-2" to a Business "B-3" zone. Availability of Funds: Not applicable Discussion and Background: The petitioner has requested this rezoning to allow the construction of a proposed stairway/elevator to expand and update an existing 33' x 110' office building. In reviewing this request it was discovered that this office building and the service station to the east have inadvertently been allowed to develop on portions of their properties which are zoned "R-2". It is the Planning Conunission's recommendation that these two parcel be rezoned from Residential "R-2" to a Business "B-3" subject to the following conditions: 1. That a parking lot containing a minimum of 27 stalls be provided as per Salt Lake City specifications. The parking lot design shall be approved by the Transportation Division. 2. That the parking area not encroach into the front yard setback beyond the front face of the office building. 3. That the final plans including the landscaping plan, sprinkler plan and dumpster location be approved by the Planning Director. 4. That a plan for additional street trees be approved by the City Forester. 5. That the petitioner receive Board of Adjustment approval for the building improvements, because of the previous board cases approving the landscaped buffers and the need to obtain approval for the dumpster location. 6. That the project be approved by the One Stop Team for compliance to other city codes. 7. That the zoning ordinance be held until a building permit is issued assuring that the improvement shown on the site plan and building plans, to insure this is a desirable reinvestment for the neighborhood. 8. That a separate conditional use application be filed to the Planning Commission for the parking lot in the "R-2" zone, for the purpose of insuring that the Planning Commission will have jurisdiction over the parking lot and the landscape plan. Legislative Action: The City Attorney's Office has prepared and approved the necessary ordinance and it is ready for your action. ubmitted� by: / 4111 MICHAEL B. Interim Director SALT LAKE CITY ORDINANCE No. of 1990 ( Rezoning properties located West and North of 2091 East 1300 South from Residential "R-2" to Business "B-3" pursuant to Petition No. 400-820-90 ) AN ORDINANCE AMENDING SECTION 21 . 14 . 020 OF THE SALT LAKE CITY CODE RELATING TO ZONING AND FIXING OF BOUNDARIES OF USE DISTRICTS. WHEREAS, in response to the rezoning petition initiated by Robert Hansen, No. 400-820-90, the City Council of Salt Lake City, Utah, has held public hearings before its own body and before the Planning Commission, and has taken into consideration citizen testimony, filing and demographic details of the area and the Master Plan as part of its deliberation. Pursuant to these deliberations, the Council has concluded that the proposed change of zoning for the properties located West and North of 2091 East 1300 South from Residential "R-2" to Business "B-3" is appropriate for the development of the community in that area; THEREFORE, The City Council of Salt Lake City, Utah, hereby adopts the following amendments to the Use District provisions of Title 21 . Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That the Use District Map, as adopted by Section 21 . 14 . 020 of the Salt Lake City Code, relating to the fixing of boundaries of Use Districts, be, and the same hereby is AMENDED to read as follows: Sec. 21. 14.020. Boundaries of Districts - Use District Map Adopted. That the following-described parcels of real property in Salt Lake City, Utah, presently zoned Residential "R-2" is hereby rezoned Business "B-3" and the Use District Map is amended accordingly: PARCEL A Beginning at a point which is 38.00 feet West of the Southeast corner of Lot 27, Block 352, Five Acre Plat itA "C" , Big Field Survey; thence West 11 .0 feet; thence Ll North 140. 99 feet; thence East 11 .0 feet; thence South 140.99 feet to the point of beginning. PARCEL B Beginning at a point which is the Northeast corner of Lot 28, Block 352, Five Acre Plat "C" , Big Field Survey; thence South 40. 99 feet; thence West 117.0 feet; thence North 40.99 feet; thence east 117.0 feet to the point of beginning. SECTION 2. EFFECTIVE DATE AND CONDITIONS. This ordinance shall not become effective until published and the Salt Lake City Recorder is instructed not to publish this Ordinance until the Mayor certifies that the following condition has been met: The petitioner shall submit final plans for a building permit, and pay applicable fees, subject to the conditions imposed by the Planning Commission in recommending this ordinance. If the foregoing condition is not completed within one year from the date of passage of this Ordinance, the time may be extended for an additional year by certification from the Mayor. If the condition has not been met by the expiration of one year or any extension, this Ordinance shall be null, void and of no effect and shall not be recorded. Passed by the City Council of Salt Lake City, Utah, this day of , 1988 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor ' s Action: Approved Vetoed. MAYOR ATTEST: CITY RECORDER ( SEAL) BILL NO. OF 1990 Published: BRB: rc 11/5/90 i) SALT LAKE Y ALLEN C. JOHNSON, AICP ��� a6 -1 �pae tl PLANNING AND ZONING PLANNING DIRECTOR COMMISSION MEMBERS WILLIAM T. WRIGHT, AICP COMMUNITY AND ECONOMIC DEVELOPMENT RALPH BECKER DEPUTY DIRECTOR PLANNING DIVISION LYNN BECKSTEAD SUPERVISOR LONG RANGE PLANNING Planning and Zoning Commission DAN BETHEL AND URBAN DESIGN CINDY CROMER SANDRA MARLER 451 SOUTH STATE STREET THOMAS A. ELLISON SECRETARY ROOM 406, CITY AND COUNTY BUILDING LAVONE LIDDLE-GAMONAL RICHARD J. HOWA SALT LAKE CITY, UTAH 84111 RALPH P. NEILSON TELEPHONE 535-7757 GEORGE NICOLATUS October 18, 1990 VICKI PALACIOS JOHN M. SCHUMANN Mr. Mike Zuhl, Acting Director Community and Economic Development Salt Lake City Corporation 451 South State, Utah 84111 RE: Petition 400-820 Dear Mike: At it's regularly scheduled meeting on September 20, 1990 the Planning Commission reviewed a request from Robert Hansen to rezone an 11' X 140.99' piece of property located west of 2091 East 1300 South from Residential "R-2" to a Business "B-3" zoning classification. The purpose of the 11' "B-3" zoning extension is to allow the construction of a proposed stairway/elevator to expand and update an existing 33' X 110' office building. I am forwarding a copy of the staff report along with the Planning Commission recommendation. The Planning Commission recommends to the City Council, the rezoning of the 11' X 140.99' piece of property located west of 2091 East 1300 South from Residential "R-2" to a Business "B-3" zoning classification. In addition to the zoning change requested by the petitioner, the Planning Commission recommends to the City Council approval of the north 40.99' X 117' strip be rezoned from "R-2" to "B-3". This office building and the service station to the east have inadvertently been allowed to develop on this portion of their properties which is zoned residential. The property to be rezoned is the northern 40.99' of both properties. The Planning Commission recommends to the City Council, the rezoning of these two parcels from Residential "R-2" to a Business "B-3" zoning classification subject to the following conditions: 1) That a parking lot containing a minimum of 27 stalls be provided as per Salt Lake City specifications. Parking lot design shall be approved by the Salt Lake City Transportation Division. 2) That the parking area not encroach into the front yard setback beyond the front face of the office building. Mr. Mike Zuhl Page 2 3) That the final plans including the landscaping plan, sprinkler plan and dumpster location be approved by the Planning Director, with the location of the dumpster to be further subject to a variance by the Board of Adjustment, if necessary. 4) That a plan for additional street trees be approved by the City Forester. 5) That the petitioner receive Board of Adjustment approval for the building improvements because of the previous Board cases approving the landscaped buffers and the need to obtain approval for the dumpster location. 6) That the project be approved by the City One Stop Team for compliance to other City codes prior to the issuance of the building permits. 7) That the zoning ordinance be held and not recorded until receipt of completed plans for a building permit assuring the improvements shown on the site plan and building plans, to insure this is a desirable reinvestment for the neighborhood. 8) That a separate conditional use application be filed to the Planning Commission for the parking lot in the "R-2" zone, for the purpose of insuring that the Planning Commission will have jurisdiction over the parking lot and the landscape plan. Respectfully, William T. Wright, AIC Deputy Planning Director WIW:GRH SALT LAKE CITY PLANING AND ZONING COMMISSION STAFF REPORT Petition 400-820 by Robert Hansen • D• /D Petition 400-820 by Robert Hansen is requesting Salt Lake City to rezone an 11' X 140.99' piece of property located west of 2091 East 1300 South from Residential "R-2" to a Business "B-3" zoning classification. The purpose of the 11' "B-3" zoning extension is to allow the construction of a proposed stairway/elevator to expand and update an existing 33 ' X 110' office building. The current "R-2"/"B-3" zoning boundary lies on the western edge of this building. Existing zoning surrounding the subject parcel consist of Business "B-3" on all four corners of the 1300 South 2100 East intersection, Residential "R-3A" to the north and Residential "R-2" to the west.I _ ,.. A A EsGOLF n Al ° \ A A A 1 A 1'1 : A A A A BONItFVILU SC`IOOL im 0 • 1 A A A A 4I. A 7� A A A CORNEL /' •i : ;o1IA A A n t is cu w bmimw� P !I n r J J;;;CAmiJUIVIEWI I-I 8 248 TiW 9: pci.i.ri __ e---". n .. n ,.alb / a�•rI.a BACKGROUND Existing Land Use The Business "B-3" zoning district is contiguous to the eastern edge of the petitioned area and contains retail establishments, service stations, and office uses. The Residential "R-3A" to the north contains Harvard Park PUD. The surrounding Residential "R-2" area consists primarily of single family detached homes and contains the parking lot for the office building. Previous Board of Adjustment Cases The existing office building has been considered by the Board of Adjustment on three occasions. The first on April 29, 1957, for a variance to permit a parking lot in a Residential "R-2" zone in conjunction with this office building. The Board granted a 25 stall parking lot providing the parking lot is not used for any coiluiercial use including a retail operation. A second variance, which expired, was granted on February 15, 1974, to permit a second floor addition to the nonconformingly located building without maintaining the required 10' setback adjacent a "R-2" zone. A third variance was granted on February 10, 1975, to permit a second floor addition on the rear portion of the building, reducing the parking stall requirement by one, and a canopy on the front of the building. Approval conditions included: 1) 28 parking stalls. 2) That the canopy maintain at least a 5' setback from the front property line. 3) That the canopy be not more than one foot thick which would include the decking. 4) That no provision be made or any contemplated signs be utilized anywhere along the projection and that there be no identification or advertising on the canopy. 5) That no use of the upper deck be made. 6) That the setback area not hardsurfaced for the bench and standing area be completely landscaped, the plan for the treatment of the area to be approved by the Board. 7) That if at any time the bus stop is moved, the canopy is to be removed. The applicant has complied with the provisions of the previous two approved Board cases. Analysis The existing 33' X 110' office building contains a total of 7260 square feet. Building design incorporates an exterior 5' wide walkway on both levels to gain access to individual office spaces. On the ground level, this exterior covered walkway is proposed to remain open. On the second level, the proposed building improvements include expanding office space into this 5' exterior walkway and providing access through a separate stairway/elevator addition. The combination of these improvements will add 748 square feet to the structure, for a total of 8008 square feet. The parking requirement for an 8008 square foot office building in a "B-3" zone is now 27 parking stalls. The staff believes these building improvements create minimal development impact to the site. The office building was established in 1957 when the Board granted the parking lot in a residential zone to accommodate this use. Previous Board of Adjustment approvals allowed an 8' and 4' landscaped buffers between the office parking lot and residential uses. These areas are currently heavily vegetated which support the intent of todays landscaped setback and buffer requirement. In addition to the zoning change requested by the petitioner, the staff recommends that a 40.99' X 117' strip be rezoned from "R-2" to "B-3". This office building and the service station to the east have inadvertently been allowed to develop on this portion of their properties which is zoned residential. The property to be rezoned is the northern 40.99' of both properties. Master Plan Considerations The 1987 East Bench Community Master Plan identifies the need to maintain, protect, and upgrade its residential community. The master plan also recognizes the need for other neighborhood uses to serve its community if carefully designed to harmonize with the surrounding residential neighborhood. The East Bench Future Land Use Plan does support neighborhood business activity at this location. RECCEMENEATION The planning staff finds that the requested rezoning of an 11' X 140.99' piece of property located west of 2091 East 1300 South from Residential "R-2" to a Business "B-3" zoning classification is consistent with the East Bench Community Master Plan. We also request that the north 40.99' X 117' be added to the petition area to correct the northern zoning boundary for both the petitioners property and the service station to the east. The staff recommends that the Planning Commission approve this rezoning request subject to the following conditions: 1) That a parking lot containing a minimum of 27 stalls be provided as per Salt Lake City specifications. Parking lot design shall be approved by the Salt Lake City Transportation Division. 2) That the parking area not encroach into the front yard setback beyond the front face of the office building. 3) That the dumpster be permanently relocated in the "B-3" zone in an area other than a designated parking stall. 4) That the final plans including the landscaping plan, sprinkler plan and dumpster location be approved by the Planning Director. 5) That a plan for additional street trees be approved by the City Forester. 6) That the petitioner receive Board of Adjustment approval for the building improvements because of the previous Board cases approving the landscaped buffers and the need to obtain approval for the dumpster location. 7) That the project be approved by the City One Stop Team for compliance to other City codes prior to the issuance of the building permits. Gary R. Heintz August 10, 1990 PROPERTY DESCRIPTIcN PETTTLON 400-820 PARCEL A Beginning at a point which is 38.00 feet West of the Southeast corner of Lot 27, Block 352, Five Acre Plat "C", Big Field Survey; thence West 11.0 feet; thence North 140.99 feet; thence East 11.0 feet; thence South 140.99 feet to the point of beginning. PARCEL B Beginning at a point which is the Northeast corner of Lot 28, Block 352, Five Acre Plat "C", Big Field Survey; thence South 40.99 feet; thence West 117.0 feet; thence North 40.99 feet; thence East 117.0 feet to the point of beginning. CRANDALL-WEED, MARY & ROBERT JACOBO, LESLIE $ REUBEN BLAIR, SETH & FLORENCE 1243 South 2000 East 2019 East 1300 South 2081 E. Harvard Oaks Circle Salt Lake City, Utah 84108 Salt Lake City, Utah 84108 Salt Lake City, Utah 84108 LARSEN, DAVID E SUSAN ALTO, BRUNO & DOROTHY GEORGE, TOM $ KAREN 2014 East Laird Dr. 2033 East 1300 South 2077 E. Harvard Oaks Circle Salt Lake City, Utah 84108 Salt Lake City, Utah 84108 Salt Lake City, Utah 84108 TALBOT, COURTNEY F JUDITH GILBERT, MARJORY BIRD, RICHARD L. $ MIRRA 2022 East Laird Dr. 2039 East 1300 South 2086 E. Harvard Oaks Circle Salt Lake City, Utah 84108 Salt Lake City, Utah 84108 Salt Lake City, Utah 84108 PETERSON, ANDREW F, CHRISTINE LLOYD, HELEN LLOYD, WILLIAM & YVONNE 2034 East Laird Dr. 2045 East 1300 South 2069 E. Harvard Oaks Circle Salt Lake City, Utah 84108 Salt Lake City, Utah 84108 Salt Lake City, Utah 84108 SANDY HILLS INC. HARRIES, ZELLA MARTIN, SHERMAN $ ELSIE P. 0. Box 510050 2055 East 1300 South 1210 South 2100 East Salt Lake City, UT 84151-0050 ' Salt Lake City, Utah 84108 Salt Lake City, Utah 84108 JOHNSON, MARGARET HARVARD PLACE REICHERT, SYLVIA 1976 East Claremont Way 2091 East 1300 South 2082 East Harvard Oaks Circle Salt Lake City, Utah 84108 Salt Lake City, Utah 84108 Salt Lake City, Utah 84108 SHIPP, CONNIE PREMIUM OIL COMPNAY 2034 East 1300 South 2005 South 300 West Salt Lake City, Utah 84108 Salt Lake City, Utah 84115 LANIER, OLIVE NORD, RICK $ ANE 2040 East 1300 South 2074 East Laird Dr. Salt Lake City, Utah 84108 Salt Lake City, Utah 84108 OSIKA, LAMAR HARVARD PARK CORP. 2050 East 1300 South s 2045 East 1300 South Salt Lake City, Utah 84108 Salt Lake City, Utah 84108 IONS FIRST NATIONAL BANK MAXWELL, NEAL $ COLLEEN P. 0. BOX 30880 2089 E. Harvard Oaks Circle Salt Lake City. UT 84130-0880 Salt Lake City, Utah 84108 JACOB LESLIE REUBEN TAYLOR, ROSLYN PETITION 400-820 2019 ast 130 South 2085 E. 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JI Ul CD J 01 J F NJ F J1 •D J F J1 N F .D J1 F F J1 NJ m O - O J1 J1 J1 o Ul J •D U1 W W N CO Ni F CD F -4 -C N - J W N) 0. 01 CO O 01 J1 m O .4).))J1 J1 J1 F - 10 - W F F W F F .D -01 N F - m 10 - O N .D 10 - O J1 n N NJ NNN N) - - - - O 0 0 - O NJ 0 - - N N - CO 0 0 N N - NJ O O -0 0.010.0. 01 CD Ji .n W 0 01 .D CO C) 0 - NJ NJ W O. NJ CD W NJ F CO F 01 J D J F F F F F 4 VI F T 0. 0 - F Jl - W NJ W - J -4 0 - W N -4 W - •D O Cl O F F F F -C CD W -4 O. - N W J - 0 .O J1 Ni J F 0. N - F JI .0 F •D J 1D m -4 0 MIKE ZUHL SALT°LAP G. T4Y�14J0'R® ©�e��® 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 November 30, 1990 Re: Petition No. 400-851-90 submitted by Lois Petterson - et al. Recommendation: That the City Council hold a public hearing on January 15, 1991 at 6:20 p.m. to discuss Petition No. 400-851-90 submitted by Lois Petterson - et al. The petitioners are requesting that a portion of the alley located between Simondi Avenue and 400 North and between 1100 West and 1200 West Street be vacated. Availability of Funds: Not applicable Discussion and Background: The original request from the petitioner was to vacate the entire alley. During the review process it was observed that five of the properties located approximately midpoint within the block require vehicular access to their property through the alley. Three of these property owners have signed the petition stating that they want the alley closed midpoint and the other two owners have not signed the petition. The appropriate City Departments have reviewed this request and are recommending that the alley be partially vacated from West to East approximately 330 feet to the midpoint of the alley. However, we are requiring a condition in the ordinance that requires the property owners at 366 North 1200 West and the property owner at 362 North 1200 West to enter into a private right-of-way easement allowing access through their private property before the ordinance can be published. Legislative Action: The City Attorney's Office has prepared and approved the necessary ordinance and it is ready for your action. S bmitted by: ( M CHAEL B. Z nterim Director SALT LAKE CITY ORDINANCE No. of 1990 (Vacating a portion of an alley located between Simondi Avenue and 400 North and 1100 West and 1200 West pursuant to Petition No. 400-851-90) AN ORDINANCE VACATING A PORTION OF AN ALLEY BETWEEN SIMONDI AVENUE AND 400 NORTH AND 1100 WEST AND 1200 WEST PURSUANT TO PETITION NO. 400-851-90. 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 the alley between Simondi Avenue and 400 North and 1100 West and 1200 West which is the subject of Petition No. 400-851-90 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: Beginning at the Northwest corner of Lot 22, of Block D 1A of Oakley Subdivision, a subdivision within the corporate limits of Salt Lake City; thence East 330 II,27�� K �P feet to the Northeast corner of Block 1A, Lot 14; thence North to the Southeast corner of Block 1A, Lot 13; thence West 330 feet to the Southwest corner of Block 1A, Lot 1; thence South to the point of beginning. SECTION 2. RESERVATIONS AND DISCLAIMERS. The above vacation is expressly made SUBJECT TO all existing rights-of-way and easements of all public utilities of any and every description now located on and under or over the confines of the property and also SUBJECT TO the rights of entry thereon for the purposes of maintaining, altering, repairing, removing or rerouting said utilities, including the City' s water and sewer facilities, and all of them. Said vacation is also SUBJECT TO any existing rights-of-way or easements of private third parties . SECTION 3. The City Recorder is instructed not to publish this ordinance until the Mayor certifies that the property owners at 336 North 1200 West and 362 North 1200 West have entered into a private right-of-way easement allowing appropriate access through their property. If this condition is not completed within one year from the date of passage of this ordinance, the time may be extended for an additional year by certification from the Mayor. If the condition has not been met by the expiration of one year or any extension, this ordinance shall be null, void and of no effect and shall not be published. SECTION 4. EFFECTIVE DATE. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990. CHAIRPERSON ;,a -2- `= ATTEST: CITY RECORDER Transmitted to the Mayor on . Mayor ' s action: Approved Vetoed. MAYOR ATTEST: CITY RECORDER ( SEAL) BILL NO. OF 1990 Published: . BRB.rc 11-7-90 -3- • ALLEN C.JOHNSON, AICP Sr \ 'os� J GI AC��� MOMing 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 October 31, 1990 Mike Zulh, Interim Director Community & Economic Development City & County Building Salt Lake City, UT 84111 Re: Petition 400-851 - Petterson alley vacation request Simondi Avenue and 400 North and between 1100 West and 1200 West Streets. Dear Mike: Enclosed please find Petition 400-851 from Lois Petterson acting as the spokesperson requesting that Salt Lake City vacate an alley located between Simondi Avenue and 400 North, and 1100 West and 1200 West Streets. The appropriate City departments have reviewed this request and have no objection with vacating a portion of the alley. However, it has been observed that five of the properties located approximately midpoint within the block require vehicular access to their property through the alley. Of which, three of the property owners have signed the petition stating that they want the alley closed midpoint and the other two did not sign the petition at all. The property at 366 North 1200 West also requires vehicular access. Page 2 Mike Zuhl October 31, 1990 Considering the facts, the staff recommends that the alley be partially vacated ( as shown in the map) from West to East approximately 330 feet to the midpoint of the alley with the stipulation that the property owner at 366 North 1200 West and the property owner at 362 North 1200 West enter into a private right-of-way easement allowing access through their private property. Please contact Janice Jardine with any questions regarding this petition. Please have the City Council schedule a hearing to determine the final decision. Respectfully Submitted, aizi(4-Aroxi* William T. Wright, AICP Deputy Planning Director enclosures cc: Lois Petterson ( 1138 West Simondi Avenue ) , Petitioners WTW: JJ: KTG Petition 400-851 - Petterson Alley Vacation Simondi Avenue and 400 North and 1100 West and 1200 West Streets LEGAL DESCRIPTION Beginning at the Northwest corner of Lot 22, of Block IA of Oakley Subdivision, a subdivision within the corporate limits of Salt Lake City; thence East 330 feet to the Northeast corner of Lot 14; thence North 15 feet to the Southeast corner of Lot 13; thence West 330 feet to the Southwest corner of Lot 1; thence South 15 feet to the point of beginning. ,_, _ irl es 36ZM. z66N. •---7 "-^ M Z? 2 ro 3 `" w r - W 9 9 Cf) ----N Q � � Z Z. O c D> -.) - -2 -3--- --- Yr,/ / c.) �ro16 6„, IIC Q__. I /At ___ 1 1/ / Jh Wed REC'p nut 0 5 199U LEROY W. HOOTON, JR. DIRECTOR T1 '��j7 WENDELL E. EVENSEN,ENDENT P.E. , �` Q IE�C 1r „��ysnj p ple i iol\r SUPERINTENDENT Ati.1.a2:219.�! WATER SUPPLY&WATERWORKS E. TIM DOXEY DEPARTMENT OF PUBLIC UTILITIES SUPERINTENDENT Water Supply & WaterworksWATER RECLAMATION PALMER DEPAULIS Water Reclamation MAYOR JAMES M. LEWIS, C.P.A. CHIEF FINANCE E 1530 SOUTH WEST TEMPLE ACCOUNTING OFFICER SALT LAKE CITY, UTAH 84115 GEORGE JORGENSEN, P.E. CHIEF ENGINEER TO: JANICE JARDINE PLANNING & ZONING r � FROM: E. T. DOXEY ✓✓✓�/ WATER RECLAMATION SUPERINTENDENT DATE: OCTOBER 3, 1990 SUBJECT: PETITION NO. 400-851 LOIS PETTERSON ALLEY VACATION REQUEST SIMONDI AVE. AND 400 NORTH - 1100 W. AND 1200 W. The Public Utilities Department has reviewed the above noted petition and has no objections to the Petitioner' s request. There are no water or sewer conflicts. If you have further questions regarding this matter, please feel free to call Mr. Ray Eastman at 483-6787. /kg FORMS cc: File SALT LAKE CITY PLANNING COMMISSION DATE: September 14, 1990 TO: FROM: Janice Jardine Planning RE: Petition 400-851 - Lois Petterson alley vacation request Simondi Ave. and 400 North - 1100 West and 1200 West Attached for your review and comment please find the above referenced petition requesting Salt Lake City to vacate an alley located between Simondi Avenue and 400 North and 1100 West and 1200 West Streets. I would appreciate receiving you written comments by September 21, 1990. If you have any questions, please call me at extension 6173 . Thanks. / +-yam S . L.0 „ � % . : 5 niv C s . REci %)tP241990 PALMER DEPAULIS ►J»�. riPARTMEITYIT -�1[ �ii MAX G. PETERSON, P.E. MAYOR1CITY ENGINEER OF PUBLIC WORKS City Engineering Division 444 SOUTH STATE STREET SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7961 TO: JANICE JARDINE PLANNING FROM: . ,2 HARRY EWING ENGINEERING DATE: SEPTEMBER 21, 1990 SUBJECT: PETITION 400-851 ALLEY VACATION REQUEST, LOIS PATTERSON This department has reviewed Petition 400-851 requesting the City vacate an east/west alley between Simondi Avenue and 400 North, between 1100 and 1200 West Streets. The Engineering Division does not have any foreseeable interest in this alley. If it is the intent of the abutting property owners to prevent access to the alley then it should be specified to remove drive entrances and replace with curb and gutter . This item is to comply with City Ordinance. All related costs are the responsibility of the petitioners. It is our recommendation the alley be vacated as requested . HE: cp cc: Vault SAT \ %Jill? FINANCE DEPARTMENT LINDA HAMILTON Purchasing and Property Management Division PALMER DEPAULIS DIRECTOR OF FINANCE 451 SOUTH STATE STREET MAYOR ROOM 345 SALT LAKE CITY, UTAH 84111 PROPERTY (801) 535-7133 Date: September 21, 1990 TO: Janice Jardine Planning FROM: Linda Cordova/ Property Manager RE: Petition No. 400-851 Petterson Alley Vacation Request After visiting the site and reviewing the above petition we have the following comments: Our research on the ownership records of all abutting property owners shows that 19 out of 24 property owners have signed the petition. One signature belongs to a renter or contract buyer. There is only one property owner on the south side of the alley that has a garage and he has signed the petition. On the north side everyone but two property owners that have garages have signed, three with qualifications that they want the alley closed midpoint with a barrier. The garage converted to a living residence that seems to be the source of most of the complaints and concern, is no doubt illegal and should be brought to the attention of Building and Housing for compliance. Property Management has no objection to the vacation, however closure might deny access to five houses on the north who have no other way to access their property on the 400 North side. We fccl that the two property owners who hayed not signed should be notified, and given the opportunity to register any objections. Because of the potential for future problems, the effect of this vacation on the other three owners who just want the alley closed midpoint should be taken into consideration. We have enclosed for your convenience a list which shows sidwell parcel numbers, owners of record and street addresses. _ .a- 35-17V / ✓ 36e 6. it /ZOv 60 1I49 ol/clL/7Z ✓ adz /4 5 tee god,(/ z/ lk/ �/ 21 r -- ✓ B4, 36 z. V, (Zd1W 1-0 t A f 'e_OkficK / Sea NI a 1, I-MW iteVg- e44,€4 _7 c44 //&51 cr. 16,0A1 OV 10115 L- ✓ pe5 l ig?/, /f/ t-vdif ,M'//'-140 M //93 u1, lfo641 4 gc=Ki.) i/6 067 /131IV. 00od Liii/OF/- C -rS�ET(.50't/ 05-/ /13/ ai. 4-looN I`d/lI ilt1-dw Obi if 27 fit. lieml 4--2d(T/E3 `7g1 45sdcria Orb 1(Z 3 W gait/ -73gAl rfwAtexl/,J NO /1/i GU- 41u/11 ,ei ' ece7, rzc !� a17' ll0 7 V 410A/ 6eo /10 (6 L 0(3 /10-i1/ 42A/ /3/901 4ie /U d I4 1163 t!• 1(-66A1 i)447 n MY 35' N. /224 w P 5)00 eoalMt15 No II GtI Siib& L)/ f av BI $ of (5 W: �P0f2/ k /g C / (ZZ /lYI X, &NM)/ .T�/ic� 5-/t7r, ' 6Z3 //3"61, 5/vivel. r tf5 ,- c cw I opt 1137_ 66, srp1A'1 d Nt4/ S PETTaaAt "ovvJe�S '/ 01 /12.J W. SrowOl 5'7W�C P CC?2 4A 1(1-i Gv . copoi r Miro k:450 ✓ oZ7 351 tf. // 2 m.) ebiAk6CS /1/16 L 0 L JOSEPH R. ANDERSON A I l I A)�Olt Cam® M D A, 11�0 r TIMOTHY P. HARPST, P.E. PUBLIC WORKS DIRECTOR CITY TRANSPORTATION ENGINEER TRANSPORTATION ENGINEERING 333 SOUTH 200 EAST, SUITE 201 SALT LAKE CITY, UTAH 84111 TELEPHONE (801) 535-6630 September 20, 1990 Janice Jardine Planning Division 4th Floor - City Hall RE: Petition #400-851 - Alley vacation Dear Janice: The Division of Transportation' s site review comments and recommendations are for approval of the proposed alley vacation subject to the following: (1) We require full alley vacation which includes a signed agreement to vacate by all abutting alley property owners. There are four or five property' s which require vehicular access to their property by the alley and have not signed the petition, or stipulate mid-block closure only. For mid-block closure we require favorable approval by the Fire and Police as emergency services . (2) For non-closure vacation (private alley) all abutting property owners affected by the vacation must have deeded access right-of-way. ( 3 ) All utilities and utility easements shall remain as required and approved by the entity concerned. Sincerely, �— Scott R. Vaterlaus Traffic Engineer I BDW/lh cc: Jerry Blair Barry Walsh File • Mrs. Lois R. Pettersson 1138 Simondi Avenue Salt Lake City, Utah 84116 10, September, 1990 Mayor Palmer de Paulos : I am writing to you as the spokesperson for the property owners of the properities that abut on an alley that runs East and West behind the properties on Simondi Avenue and 400 North streets. This is a one block street at this point and extends from 1100 West to 1200 West in the Oakley Subdivision Blk 1B. The reasons that we feel this closure would be in order are: 1 . There is excessive traffic through this alley day and night. 2 . This alley is often used to dump trash and it has often been a place to hide stolen articles in the overgrowth. 3 . Weeds and overgrowth are not kept cleaned out. 4 . There is often open drug dealing and gang activity. 5. Often vehicles are parked in the alleyway obstructing any passage. 6 . A converted garage is used to house people and this place has been occupied by illegal imigrants, drug operations and prostitutes and there has been an all-out raid by authorities. 7 . The residents are fearful of allowing small children to play in fence enclosed back yards. We have met with Ron Whitehead and have obtained a signed petition for this closure and would appreciate your assistance in expediting this closure. Thank you for your consideration. Lois . Pettersson Spokesperson RESIDENTIAL ALLEY VACATION REQUEST r� APPLICIITICN REQUIREMENTS Date: 7 / ?/ / l0 Petitioner's Name: /,O/LC A /e/e-hsSoi7 off cr/ \ pj��cr vcoif eA.s Petitioner's Address: �a //se-- ylar��C !/e r sc// X.A4 g-i y 6/7 Zip Petitioner's Phone: ((-Gy � Property Owner's Name (if different from above) : Property Address (if different from above) : Zip Please submit the following information with this application: 1., Identify the reasons why the alley should be vacated. c5eCe.5s /ra �ie - T/16Z5 - M/ / /k W u� - ���5s- GQ'A� ac 1//y- Sri/Py�o��sc' / 1/ e 9' i//�<<j 41/ .s - �/ // ise -frede% 2. Submit with this application signatures of the abutting property /rdr%- `;, �x/�e y- owners who support this alley vacation request. U 3. A legal description of the alley vacation area. 4. A copy of the appropriate Salt Lake County Ownership Map ("Sidwell") including aerial photo and property line overlay. Outline on this map the alley or segment of alley requested to be vacated with a colored marker. Indicate on the."Sidwell"--map with--a,colored dot those properties supporting this request. These maps are available from the Salt Lake County Recorder, Room N1600, 2001 South State Street, Salt Lake City, Utah 84190-1051, Phone: (801) 468-3391. WHERE TO FILE Salt Lake City Department of Community and Economic Development Room 418 City and County Building 451 South State Street Salt Lake City, Utah 84111 Phone: (801) 535-7777 FILING k1 t The filing fee will be waived if 80% of the abutting property owners sign the petition. SIQ 1AZURE OF PETITIC DR -LA-) » PETITION We, the owners of property abutting an alley that runs East and West between 1100 West and 1200 West in the block bound on the South by Simondi Avenue (340 North) and on the North by 400 North, request that Salt Lake City close said alley, or if this is not possible, to block the alley at midpoint so as to prevent thru traffic. / S mo i3/Avenue )Smondi1vnue Jim! -; (1 1158 Simondi Avenue 1120 Simondi Avenue v./���. i,/ r/;-,,.�'i'�, j 2.i-(.._Z, zi / ,,-_<1-_ l_ :"t , 400 North 1150 Simondi Avenue , t-./ 7 K , e 4--/ee-/I 1144 Simondi Avenue 1165 West 400 North •9„, -rs<,„t,-,4.,%.,..„ f_, 413...-Qt-,„(2,--1-0-0Ys— -/-1-71-----741-4f/ , (tk--)1 ��1 cum -Z�� ZiJi •-�,-J :1'',LP 7 1 ) (/ (.GAS k 1138 Simondi Avenue ' 1161 West 400 North ,�< r;t d r ?"/C-.ci //•L L C) (I ! d..i k.r l th l'-0l I' .x-C./,.l'2-I- ' %ill/f6i v.. �!/ /,i'../1"/ !%"�/ �T (.('"(rC1/` 1132 Simondi Avenue 1155 West 400 North 9-* / /4_,,,, :/- 4-'( 1126 Simondi Avenue 1149 West 400 North PETITION 400 North Cont. 400 North Cont. \ (}(-6(Lzi-fz 1 Z/rt_ • (.{.;),(4_5p/a, Y � v IVG -• 1143 West 400 North 1105 West 400 North 1139 West 400 North _ 1103 West 400 North 1200 West 1131 West 400 North (4411, tuLcsf,/, 1127 West 400 North 362 North 1200 West 71; „a_ r A c. 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ST. • -..�1\ 6:!_0l-._- (IOTH_�__-ST Wl) a..-":- + -._ \ les - 1 \ ) IN, .ee. Ira J.t. JI.. xn Jar w n.. xa. Alf; I y, 1 z ma---w... v Jeer erw J . • >Mw i9aw xv.I xa. Ja. .n. !q.,1 lEI E Q E L° E p ti I l e I i e e , 1, 1 1 jL III -_ 1 , 1I I ':E1 EtN, d rrIIJfr ja so,- ma Q_Mei _Wm AIM 1,0 Jay A.. tq • X, J71. k-- --- =--- --- MARION ----- -� N. ' � W' ,V4 aqr 1 11 �W.roaw �.fM Jltr /JN'04 MM.ar IM. aP.'/I Y Ilea/-01•40 T.! 1 1� �{' I IN b E is lu f a•a' l o IqCI C , A y ©Oa ;FE 8 e� 8 'i F• .. I. ?VA, IN jJ' l.4 J� Jya A! 2." X. JVJ. X/a xs• Jn. • 1000 W. ST e 1- (9TH ST. W,) N - ®e a ., MIKE ZUHL SALT' VI TIV V/O V/ 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 December 6, 1990 RE: Petition No. 400-768-89 submitted by Ensign Downs, Inc. Recommendation: That the City Council hold a public hearing on January 8, 1991 at 6:30 p.m. to discuss Petition No. 400-768-89 submitted by Ensign Downs. The petitioners are requesting to amend the existing Ensign Downs Plat H, Plat K and Plat I subdivisions and to close a portion of East Capitol Boulevard north of approximately 1050 North. Availability of Funds: Not applicable. Discussion and Background: This petition is being reviewed by the City Council according to State Statute for amending existing platted subdivisions. The Planning Commission has reviewed and recommend approval of the petition with the following conditions: 1. Lots 6, 7, 13 and 14 of the existing plat H will be included into the proposed North Cove Plat A planned unit development; 2) That the two lots, 5 and 12 of Ensign Downs Plat H be amended to accommodate the designed cul-de-sac; 3) That lots 1, 2, 3, 4, 8, 9, 10, and 11 remain as platted in the existing Ensign Downs Plat H; 4) Approve Ensign Downs Plats I and K to be included into the proposed North Cove Plat A planned unit development and that the development of any vacant lot will meet the existing site development standards and with the following three additional conditions: a) the minimum lots size is 12,000 square feet; b) the minimum building foot print is to be 1500 square feet; and c) the minimum set back from the non-buildable line is to be an average of 20 feet and at no point less than 10 feet. The Planning Commission further recommended that East Capitol Boulevard north of approximately 1050 North be closed and sold at fair market value to Ensign Downs Inc. It is their recommendation that the money from the sale be allocated for improvements to foothill access in the Ensign Downs Master Plan Area or other improvements that have public benefit. The petitioners have requested that due to the hearing advertising requirements that the date be set prior to the Council receiving the Planning Commission Minutes and staff reports. The additional information will be forwarded to you prior to the public hearing date. Legislative Action: The City Attorney's Office is preparing an ordinance and will forwarded to you for your review prior to the public hearing. Submitted by: Z11/41 HAEL B. Z nterim Dir vAK( �� BOARD Patrick A. Shea, Chair PALMER A. DEPAULIS, Mayor LOUIS E. MILLER Curtis E.Ackerlind,Jr. • Annette P.Cumming • Eddie R Mayne — l� Joseph A.Rosenblatt • Don L.Skaggs • Roger M.Smedley Director of Airports Elaine B. Weis • Thomas K. Welch 0 December 7 , 1990 Mr. Alan Hardman , Chairman and the Salt Lake City Council Salt Lake City Council Office 451 South State Street City & County Building Salt Lake City , Utah 84111 Dear Chairman Hardman and Council Members: Subject : The title conveyance of Tooele County Airport/Bolinder Field to Salt Lake City Corporation to be operated by the Airport Authority . Fiscal Impact : The real property will be conveyed without fee ; however , following the conveyance in fee title , all costs associated with operating and maintaining this airport will be borne by the Airport Authority. Discussion : On July 17 , 1990 , I presented to the City Council a Memorandum of Understanding relating to the Tooele Airport . Under that Memorandum, the City and Tooele agreed to proceed either with a long term lease or fee title to that Airport . The intent of that Memorandum was to set forth over a 90-day period the obligations of the Airport Authority and Tooele County in negotiating that conveyance . Subsequent to that Memorandum, we have met with Tooele County representatives and the County Commission to finalize our approach . Tooele County has agreed to proceed with conveying this Airport to us in fee simple . This type of conveyance will facilitate our managing the Airport , particularly in terms of federal financial assistance . Salt!ace City Airport Authority •AMF Box 22084, Salt Lake City, Utah 84122 9(801) 575-2400*Telefax: (801)575-2679 Mr . Alan Hardman , Chairman and the Salt Lake City Council December 7 , 1990 Page Two Under the attached Interlocal Agreement , Tooele agrees to provide a warranty deed to this property. We will have ownership rights so long as the facility is used as a public airport . As you may recall from our previous discussions , our primary intent is initially to use this Airport as a secondary reliever to Salt Lake International for general aviation traffic. This will allow us to decrease congestion at Salt Lake City International as well as to provide a suitable training facility for general aviation traffic . Recommendation: It is therefore respectfully requested that you approve this action so that mayoral signature can be obtained . Respec ly , Louis E . Miller Enclosures CONTRACT ROUT I N G FORM RDOUESTING DEPARTMENT: Airport Authority DAIS,: DE PT. NO. : 54 12/7/90 DEPARTMENTAL CONTACT: PHONE: Louis Miller/Russ Pack, Airport Authority 575-2915 NAME OF CCNIRACTING PARTY: AGREEMENT NUMBER: Tooele County CONTRACT TITLE: Tooele County/Airport Interlocal Agreement Number of Executed Copies Required by Department 2 • SIGNATORY AUTHORITY X yes I No X Mayor Ins. Cert. Required X Authorized Designee Procurement Official Insurance Attached X * Department Head Bond Required .X If required, but not attached, why? *Include name of signatory. ACCOUNTING/PURCHASING/CONTRACTS USE Account #54-03400-1752 Funds Available Contract No. 54-C9T810 Funds Encumbered By Contract Type Amount Encumbered Vendor No. Check if Funds Not Needed X ATTORNEY USE APPROVED AS TO FORM: By: Date: RECORDER USE 1 RESOLUTION NO. OF 1990 AUTHORIZING THE APPROVAL OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND TOOELE COUNTY 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: An agreement concerning the conveyance to Salt Lake City Corporation of Tooele County Airport and its operation thereafter. 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 TOOELE VALLEY AIRPORT INTERLOCAL COOPERATION AGREEMENT BETWEEN TOOELE COUNTY AND SALT LAKE CITY (CONVEYANCE) THIS AGREEMENT is entered into as of the day of , 1990, by and between TOOELE COUNTY, a body politic and corporate of the State of Utah, (hereinafter referred to as "County" ) , and SALT LAKE CITY CORPORATION, a municipal corporation of the State of Utah who owns and operates the Salt Lake City International Airport and Airport II through its Airport Authority (hereinafter "Authority" ) through which the City intends to perform hereunder, (hereinafter referred to as "City" ) . RECITALS WHEREAS, the County owns and operates an airport known as the Tooele County Airport or Tooele Valley Airport/Bolinder Field, located in Erda, Tooele County, Utah, (hereinafter collectively referred to as the "Airport" , "Tooele Valley" , "Premises" or "Facility" ) , and is desirous of conveying the Airport by warranty deed to the City for the City to own, develop, manage and operate hereafter; and WHEREAS, the City currently owns and operates two airports and has the expertise and experience to own and operate the Facility on its own and to continue to develop, manage and operate Tooele Valley. NOW, THEREFORE, in consideration of the terms, conditions and provisions hereinafter set forth, the parties mutually agree as follows : 1 . 0 PREMISES 1 . 01 If the final survey and preliminary title report for the premises is unsatisfactory to County or City, or County refuses or is unable to remove those encumbrances from the premises which are reasonably requested by City, or the County refuses to convey the premises to the City by Warranty Deed, or the County fails to deliver its Warranty Deed to the premises on or before June 30, 1991, this Agreement shall terminate upon written notice thereof from either party to the other. If the County conveys the premises to the City by Warranty Deed then the City agrees to accept from the County the Premises hereinafter more fully described, together with the buildings and other improvements thereon, including the appurtenant water rights and related facilities presently owned or hereafter acquired by County which are necessary to fully utilize the premises pursuant to the terms and conditions set forth herein. Said Facility consists of the improvements presently upon and the Premises , together with the County' s presently owned water rights to and the well facilities located thereon, which are more particularly described in Exhibit "A" , which is attached hereto and by this reference made a part hereof . -2- 2 . 0 USE OF PREMISES AND REVERSION 2 . 01 The Premises, water rights and well facilities are to be conveyed to City through a deed in form attached and marked Exhibit "B" , and/or by subsequent deed to additional water rights and facilities, which shall contain the express condition that it be used continually for the operation of an airport, together with services and activities related thereto. Said use shall be in accordance with City, State and Federal law. If at any time the City chooses to discontinue the use of the Premises for an airport, or the premises is no longer used as an airport by the City, said Premises, water rights and well facilities shall automatically revert to the County. If the Premises and water rights automatically revert to the County, said reversion shall be construed as an involuntary forfeiture as a result of non-use. If an automatic reversion of water rights to the County, under the foregoing provision is challenged, as a violation of Article IX, Section 6 of the Constitution of Utah, then the parties agree that the initial transfer of water rights from the County to the City shall be construed as a lease only, and if the Premises automatically reverts to the County, said lease of the appurtenant water rights shall also automatically terminate . Under such circumstances the County agrees to accept assignment from the City of all leases referred to in paragraph 9 hereof which are then in force. In the event of -3- such a reversion, the City' s liability for any claims arising out of its use of the premises shall cease as of the date of the reversion, except for those claims arising during the period of City' s occupancy and ownership of the premises . Upon such reversion, except for the provisions of Section 3 . 01 below, the City agrees to indemnify, save harmless and defend County from and against all claims, cost or expense or other liabilities , including attorney' s fees arising during said period of ownership and occupancy of the premises by City. The City agrees to include in any new leases of the premises provisions for termination upon such reversion. 3 . 0 CONDITION AND ACCEPTANCE OF PREMISES 3 . 01 The County warrants that there is, and as of the date of transfer to City there will be, no hazardous waste or other environmental condition on the premises which violate federal or state law or regulation. In the event that such is later found to have existed prior to said transfer, County agrees to indemnify, save harmless and defend the City from and against any and all claims, expense and other liabilities related thereto, including attorney' s fees . Subject to the foregoing, the City will accept the Premises and improvements located thereon in their condition existing as of the date of transfer of title to the City. -4- 4 . 0 PRICE AND PAYMENT 4 . 01 The City shall not be obligated to make any cash payments to the County as consideration for this Agreement or conveyance. The only consideration to be provided by the City shall be the City' s continued development, management and operation of the Facility consistent with the terms of this Agreement. 5 . 0 RESPONSIBILITIES OF COUNTY 5 . 01 The County agrees on its own and pursuant to City' s request to maintain, through its zoning authority, land uses adjacent to the Airport that are and will remain compatible with the City' s use of the Premises as an airport. 5 . 02 The County will through the County Sheriff ' s Department cooperate with the City and its law enforcement officers in the implementation and enforcement of all laws and regulations applicable to the Airport. The Tooele County Sheriff will act with said City officers as required and cooperate therewith in every way. 5 . 03 The County agrees to indemnify, save harmless and defend the City, its agents and employees from and against any and all claims, loss , cost, expense or other liabilities , whether known or unknown including attorney' s fees , arising from or connected with the premises on or before the effective date of transfer of title and possession of the premises to City. -5- 6 . 0 RESPONSIBILITIES OF CITY 6 . 01 The City agrees to maintain the premises in at least the same condition as exists upon the date title thereto is transferred to the City from the County, and to keep all paved surfaces and other improvements on the premises in a good state of repair, reasonable wear and tear excepted. 6 . 02 During such times as the City operates and maintains the Premises as an airport, the City agrees to permit County to provide input and comment concerning the operation, maintenance and development of the Airport by allowing the County Commission to select the representative(s ) who will set on the City' s subcommittee to be established for the Tooele Valley Airport. Said subcommittee shall perform the same duties and functions as the general aviation subcommittees established under the City' s Airport Authority Board for Salt Lake City International and Airport Number II . 7 . 0 COMPLIANCE WITH LAWS, COVENANTS, CONDITIONS AND RESTRICTIONS . 7 . 01 The City agrees to use the Premises in compliance with all applicable laws , ordinances and other governmental regulations now in force or which hereafter may be enacted relating to the Premises , its use and business conducted thereon. -6- 8 . 0 TRANSFER OF LICENSES 8 . 01 As of the date of transfer of the premises to City, the County shall have taken all steps necessary to transfer for the benefit of the City all permits, licenses and authority to enable the City to operate the Airport. 9 . 0 CONTRACT LEASES AND LIABILITIES ASSUMED BY THE CITY 9 . 01 Effective as of the 1st day of January, 1991, if the premises has been conveyed to City, the City will enter into possession of the premises and assume, upon County' s assignment thereof , responsibility for only those seven contracts , leases, and service agreements relating to the Facility set forth in the Assignment, Exhibit "C" attached hereto and incorporated herein. The City agrees to comply with said contracts as the Lessor thereunder during the term thereof , but shall have full authority to renegotiate all of said agreements , upon their expiration or upon any other terms as the City is able to negotiate prior to their expiration. 10 . 0 SEVERABILITY 10 . 01 No provision of this Agreement shall be effective which is in violation of any state or federal law or regulation or agreement heretofore or hereafter entered into between the City and any state or federal agency, relating to use or operation of the Facility. Provided, however, if one or more provisions of this Agreement are -7- hereinafter determined to be invalid and unenforceable, this shall not operate to defeat or invalidate the remainder of this Agreement unless the unenforceability or invalidity has the effect of changing the terms and conditions of this Agreement or operates in such a manner as to invalidate or defeat the primary purposes or objectives of this Agreement. 11 . 0 MODIFICATION AND CHANGES 11 . 01 This Agreement cannot be changed or modified except by an instrument in writing which is signed by both parties . 12 . 0 UNDERSTANDING AND AGREEMENT 12 . 01 This Agreement constitutes all of the understandings and agreements of whatsoever nature or kind existing between the parties with respect to the Premises and precedes and cancels all prior agreements relating thereto . This Agreement may be executed in an original and one or more counterparts, each of which is deemed to be an original . 13 . 0 HEADINGS 13 . 01 The headings contained herein are for convenience of reference only and are not intended to define, limit or describe the scope or intent of any provisions of this Agreement. 14 . 0 NOTICES 14 . 01 Any notice or other communication by either party to the other shall be in writing and shall be given, -8- and be deemed to have been duly given, if either delivered personally, or mailed postage prepaid, by certified mail, return receipt requested and addressed as follows: If to County: Tooele County 47 South Main Street Tooele, Utah 84074 If to City: Salt Lake City Director of Airports AMF Box 22084 Salt Lake City, Utah 84122 Any notice, demand or other communication shall be deemed to have been received on the date delivered or five (5 ) days following the date deposited in the United States mail , properly addressed, postage prepaid, as the case may be. Notwithstanding the foregoing provisions of this section, in the event of an emergency situation, any notice, demand, or request required to be given or made hereunder, or which either party may desire to give to or make of the other, may be communicated either verbally or by telefax directed to such other party at its address hereinabove provided (or in either case at such other address as such other party may from time to time designate by like written notice as herein provided) and in either case shall be promptly confirmed in writing as hereinabove provided and deemed received on the date of transmittal if so confirmed. 15 . 0 RIGHTS CUMULATIVE, NO WAIVER 15 . 01 No waiver or remedy herein conferred upon or reserved to any of the parties hereto is intended to be -9- exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder, or now or hereafter legally existing upon the occurrence of any event or default under this Agreement. The failure of any party hereto to insist at any time upon the strict observance or performance of any of the provisions of this Agreement, or to exercise any right to remedy as provided in this Agreement, shall not impair any such right or remedy or be construed as a waiver or relinquishment thereof . Every right and remedy given by this Agreement to the parties hereto may be exercised from time to time and as often as may be deemed expedient by the parties hereto, as the case may be. 16 . 0 DISCLAIMER 16 . 01 Neither the City nor the County shall by virtue of any part of this Agreement, nor the transactions contemplated thereby, be deemed partners or joint venturers in the operation of the Airport. 17 . 0 AUTHORITY 17 . 01 Each of the parties hereto, by executing this Agreement, represents and warrants that the person executing this Agreement is duly authorized to do so and to deliver this Agreement on behalf of said party in accordance with any applicable legal requirements and that this Agreement is binding upon said party in accordance with its terms . -10- 18 . 0 ATTORNEYS' FEES 18 . 01 If any party commences litigation for the breach of this Agreement, declaration of the rights or duties of the parties, or for any other reason relating to this Agreement, or responds thereto, the successful party shall be entitled to reasonable attorney' s fees and costs . 19 . 0 TIME OF ESSENCE 19 . 01 Time is of the essence of this Agreement and each and every provision hereof . 20 . 0 SUCCESSORS/ASSIGNS 20 . 01 This Agreement and all rights, privileges, duties and obligations of the parties hereto may not be assigned or delegated by either party hereto without the prior written consent of the other. 21 . 0 THIRD PARTY BENEFICIARIES 21 . 01 Each party hereto intends that this Agreement shall not benefit or create any right or cause of action in or on behalf of any person other than the parties hereto. 22 . 0 EXCUSABLE DELAYS 22 . 01 The parties hereto shall be excused for any delays or defaults by such party in the performance of this Agreement unavoidably caused by the act of the other party, the act of any agent of the other party, act of any third party governmental authority, the act of any public enemy, acts of God, elements, war, litigation (except litigation between the parties hereto) , or other related causes beyond -11- its control . Each party hereto shall use reasonable diligence to avoid any such delay or default and to resume performance under this Agreement as promptly as possible after any such delay or default. 23 . 0 COMPLIANCE WITH THE LAW 23 .01 In the event any provision of this Agreement or any conduct contemplated by the parties hereunder is contrary to such applicable governmental laws, rules or regulations, then such contrary provision or conduct shall be deemed to be amended automatically to be in compliance with such applicable governmental laws, rules or regulations . 24 . 0 LICENSES, AUTHORIZATIONS AND CONSENTS OF AGENTS 24 . 01 The effectiveness of this Agreement is contingent upon the City' s obtaining, prior to or within a reasonable period after the commencement date of the term of this Agreement, all licenses, authorizations and consents by all appropriate agencies reasonably necessary for the City to operate the Airport. The County agrees to use all reasonable effort and due diligence to assist the City in procuring such licenses , authorizations and consents from all appropriate agencies . IN WITNESS THEREOF, the parties by their duly -12- authorized representatives have executed this Agreement as of the date first set forth above. TOOELE COUNTY By KELLY D. GUBLER, M.D. Chairman, Tooele County Commission ATTEST: DENNIS D. EWING Clerk APPROVED AS TO FORM: RONALD L. ELTON Tooele County Attorney SALT LAKE CITY CORPORATION By MAYOR ATTEST: CITY RECORDER -13- STATE OF UTAH . ss . County of Salt Lake) On the day of , 1990, personally appeared before me and , who being by me duly sworn, did say that they are the and of , and that the foregoing instrument was signed in behalf of Tooele County by authority of its board of commissioners; and said persons acknowledged to me that said County executed the same. NOTARY PUBLIC, residing in Salt Lake County, Utah My Commission Expires : STATE OF UTAH : ss . County of Salt Lake) On the day of , 1990 , personally appeared before me PALMER 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, and said persons acknowledged to me that said corporation executed the same . NOTARY PUBLIC, residing in Salt Lake County, Utah My Commission Expires : RLM:cc -14- EXHIBIT A TOOELE VALLEY AIRPORT INTERLOCAL COOPERATION AGREEMENT BETWEEN TOOELE COUNTY AND SALT LAKE CITY TOOELE VALLEY AIRPORT The following is a description of the premises of the Tooele Valley Airport and its water rights and well facilities based upon the best information available which shall be confirmed before conveyance by survey and preliminary title report: Airport Premises : Beginning at the West quarter corner Section 31 T2S. R4W. SLB&M; and running thence East (N. 89°39 ' 54"E. per Tooele County Dependent Resurvey) 875 feet; thence North 2658 . 87 feet to the north line of said Section 31; thence west (S. 89°41 ' 59"W per Tooele County Dependent Resurvey) along north line of said Section 31 449 . 32 feet to the west 40 acre line of said section; thence N. 0°07 ' 45"E. along west 40 acre line of Section 30 T2S R4W SLB&M 2661 . 93 feet to the quarter section line of said section 30; thence N. 89°54 ' 08"W. (S . 89°37 ' 52"W. per Tooele County Dependent Resurvey) 449 . 32 feet; thence N. 0°07 ' 45"E. 2641 . 96 feet to the north line of said Section 30; thence N. 89°33 ' 45"E. 456 . 95 feet along North line of said Section 30 (per Tooele County Dependent Resurvey) to the west 40 acre line of Section 19 T2S R4W SLB&M; thence N. 0°10 ' 48"W. 1233 . 76 feet (per Tooele County Dependent Resurvey) along said 40 acre line to the south right of way line of State Highway 138; thence S . 56°41 ' 20"W. 1578 . 53 feet (per Tooele County Dependent Resurvey) to the west line of said Section 19 ; thence S . 0°10 ' 50"E. 376 . 95 feet to the SW corner of said Section 19 (per Tooele County Dependent Resurvey) ; thence S . 0°07 ' 45"W. 5302 . 88 feet (S . 0°13 ' 06"E. 5281 . 89 per Tooele County Dependent Resurvey) along the west line of Section 30 T2S R4W SLB&M to the southwest corner of said Section 30; thence south 2658 . 87 (S. 0°13 ' 05"E. 2650 . 48 feet per Tooele County Dependent Resurvey) along the west line of Section 31 T2S R4W SLB&M to the point of Beginning. Contains 211 . 419 acres more or less . Water Rights . 1 . Water Rights . a . Muir, No. 15-390 referenced in the office of the State Engineer as A25586 , certificate No. 5512 on a six inch well . b. Chambers, No. 15-997 , A12784 , A592, certificate No. 706 , on a twelve inch well . 2 . All of the well facilities associated with the foregoing described water rights and the two wells, including the equipment, works , buildings , pumps , casings, columndrives, electric motors , meters, valves , piping and all other facilities related thereto. -2- EXHIBIT "B" WARRANTY DEED TOOELE COUNTY, a body politic and corporate of the State of Utah, hereinafter Grantor, hereby conveys and warrants to SALT LAKE CITY CORPORATION, a municipal corporation of the State of Utah, hereinafter Grantee, for good and valuable consideration, the receipt and sufficiency of which is acknowledged, the following tract of land and personalty situated in Tooele County, Utah , to-wit: Airport premises : 1 . Water Rights . a . Muir, No. 15-390 referenced in the office of the State Engineer as A25586 , certificate No . 5512 on a six inch well . b. Chambers , No . 15-997 , A12784, A592, certificate No. 706 , on a twelve inch well. 2 . All of the well facilities associated with the foregoing described water rights and the two wells, including the equipment, works, buildings, pumps, casings, columndrives, electric motors, meters, valves, piping and all other facilities related thereto . SUBJECT TO the automatic right of reversion in all of the foregoing which is hereby retained in the Grantor if at any time the Grantee chooses to discontinue its use of the Premises for an airport, or the premises are no longer used as an airport by the Grantee. WITNESS the hand of the Grantor this day of , 1990 . TOOELE COUNTY ATTEST: COUNTY CLERK -2- STATE OF UTAH ss . County of Tooele ) On the day of , 1990, personally appeared before me and , who being by me duly sworn, did say that they are the and of , and that the foregoing instrument was signed in behalf of Tooele County by authority of its board of commissioners; and said persons acknowledged to me that said County executed the same. NOTARY PUBLIC, residing in Salt Lake County, Utah My Commission Expires: RLM:cc -3- EXHIBIT C ASSIGNMENT OF LEASES AT TOOELE COUNTY AIRPORT FROM SALT LAKE COUNTY TO SALT LAKE CITY CORPORATION KNOW ALL MEN BY THESE PRESENTS: That for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, Tooele County, a body politic and corporate of the State of Utah, does hereby assign, transfer and convey to Salt Lake City Corporation, a municipal corporation of the State of Utah the following described Agreements : 1 . Agreement of February 28, 1983, as twice amended, between the County and Mercury Aviation Services . 2 . Agreement of August 1 , 1988, between the County and Robert Weyland. 3 . Agreement of March 13, 1989 , between the County and A. W. Brothers . 4 . Agreement of July 7 , 1990, between the County and Michael C. Gubler Insurance Agency Inc . 5 . Agreement of January 9 , 1990, between the County and England Construction Company Inc . 6 . Agreement of August 7 , 1990 , between the County and Lynn A. Wootton. 7 . Agreement of August 7 , 1990, between the County and Frank Bloomquist. WITNESS the hand of Assignor this day of , 19 ATTEST: SALT LAKE COUNTY By COUNTY RECORDER COMMISSIONER STATE OF UTAH : ss . County of Salt Lake) On the day of , 1990 , personally appeared before me and , who being by me duly sworn, did say that they are the and of , and that the foregoing instrument was signed in behalf of Salt Lake County by authority of its board of commissioners; and said persons acknowledged to me that said County executed the same. NOTARY PUBLIC, residing in Salt Lake County, Utah My Commission Expires: -2- y /o "( ke,i_ aind. /4-itp og-, cad, de,"/- ce,o/u eqo/ . . SALT' ` L J,l `. 1,Y�v ` 0e'�,,0 ASSISTANT ATTORNEYS ROGER F. CUTLER ..� ►. V CITY ATTORNEY RAY L. MONTGOMERY LAW DEPARTMENT GREG R. HAWKINS STEVEN W. ALLRED LARRY V. SPENDLOVE DEPUTY CITY ATTORNEY CITY AND COUNTY BUILDING BRUCE R. BAIRD 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 JANICE L. FROST MARSHA ATKIN FAX (801) 535-7640 NICHOLAS D'ALESANDRO JUDITH L.C. WEST December 6 , 1990 Salt Lake City Council Mayor Palmer DePaulis City & County Building Salt Lake City, Utah 84111 Re: Labor Bargaining Protocol Dear Mayor and Council Members : Please find enclosed a document entitled: "Labor Bargaining Protocol . " This document is the edited revision of the discussion draft previously presented to you. This document has been reviewed with your staff and incorporates several modifications to reflect concerns that they expressed. You will note it has also been reorganized, with subheadings to make it easier to use. I, also, have briefly reviewed it with Karen Hashimoto, Mike Zuhl of the Mayor' s office, and Linda Hamilton to ensure that the disclosure requirements are within the City' s capability. So far those who have reviewed the document, including your staff , feel this proposal meets their objectives . Would you please review it and advise me of any changes you desire. Alternatively, you may wish to schedule a discussion between the Mayor and the Council Chair to negotiate any modifications regarding policy issues and advise me of those changes . Absent such suggestions, it is in proper form for signature by the respective parties . Salt Lake City Council December 6 , 1990 Page -2- The execution can be accomplished by a motion or a resolution of the Council and signature by the Mayor. I have had one of my staff prepare a resolution for the Council consideration, if it chooses to use that format to record its approval and authorization for the Chair' s signature. If you desire any additional assistance from this office please advise. Sincer y, 0 �TLE CU R City Attorney RFC:cc cc : Mike Zuhl Cindy Gust-Jenson Karen Suzuki-Hashimoto Linda Hamilton Frank Nakamura John Gisler • ,r RESOLUTION NO. OF 1990 A RESOLUTION ADOPTING A LABOR PROTOCOL AGREEMENT WHEREAS, the City has established a labor policy of collective bargaining with certain groups of its employees; and WHEREAS, that policy has been memorialized in a Resolution passed by the City Council as Resolution No. 41 of 1984 and may, hereafter, be adopted as a City Ordinance, which writings delineate, among other relevant matters , bargaining processes, impasse resolution mechanisms and the functions and duties of the Executive and Legislative branches of government in regards to collective bargaining; and WHEREAS, the City Council desires to preserve and respect its separate functions, but desires cooperative interaction with the Mayor in the bargaining process to minimize misunderstandings and delays which may prejudice rather than foster desired labor harmony; and WHEREAS, the Council and Mayor desire the labor bargaining process to be fair and deliberative; yet, it must be conducted in a timely manner that comports with orderly budget development; and WHEREAS, in mutual respect for the separate but equal roles in City governance, the City Council desires to memorialize a protocol with the Mayor to facilitate their orderly and meaningful interaction in this volatile area of labor bargaining; NOW, THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah as follows : Section 1 . The attached Labor Bargaining Protocol Agreement with the Mayor is hereby adopted. Section 2 . The Chairperson of the City Council is hereby authorized and directed to execute the attached Labor Protocol Agreement on behalf of the City Council . Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: CITY RECORDER FMN:ap -2- LABOR BARGAINING PROTOCOL AGREEMENT THIS PROTOCOL AGREEMENT is entered into the day and year first written below by and between the Executive Branch (hereinafter "Mayor" ) and the Legislative Branch (hereinafter "Council" ) of City Government; and WITNESSETH: WHEREAS, the City has established a labor policy of Collective Bargaining with certain groups of its employees; and WHEREAS, that policy has been memorialized in a Resolution passed by the City Council as Resolution No. 41 of 1984 and may, hereafter, be adopted as a City Ordinance, which writings delineate, among other relevant matters, bargaining processes , impasse resolution mechanisms and the functions and duties of the Executive and Legislative branches of government in regards to collective bargaining; and WHEREAS, each branch of City government desires to preserve and respect their separate functions, but each desires cooperative interaction in the bargaining process to minimize misunderstandings and delays which may prejudice rather than foster desired labor harmony; and WHEREAS, the Council and Mayor desire the labor bargaining process to be fair and deliberative; yet, it must be conducted in a timely manner that comports with orderly budget development; and WHEREAS, in mutual respect for their separate but equal roles in City governance, they desire to memorialize a protocol to facilitate their orderly and meaningful interaction in this volatile area of labor bargaining; NOW, THEREFORE, the Mayor and City Council mutually agree to the following procedural protocol: 1 . February Consultation. The Mayor and Council will meet in strategy session, as a closed meeting under the Utah Open Meetings Act, at the Council retreat in February of each year. Among the matters presented and discussed will be the following: (a) The Mayor or his designee will brief the Council on revenue projections for the coming City fiscal year). d s' s „Ye a ti nn �,; �,�,e • • - L 1 • l 1 7 5++ ssy c.a.. .1 L.V Ll. 4 V G111GA IJIG 1 VL rib & yelpiarrof L'I neo of Ju (1P_ b The Mayor or his designee will orally -See atta dec outline, in summary form, the expected labor issues for the coming bargaining year and anticipated compensation demands by City employees . The Mayor will discuss Executive Branch negotiating objectives; (c) The Council may orally provide the Mayor any labor and compensation issues it desires to be considered in the negotiating process and those it wishes to be included in the employee compensation package; and (d) The Council will orally provide the Mayor a tentative commitment concerning what it would be willing to fund for employee compensation and benefit program for the next City fiscal year. 2 . Negotiations Within Joint Understandings . The Mayor will undertake negotiations with the Certified Bargaining Units , consistent with City law, and timely seek to reach an agreement within the oral tentative financial commitments given by the Council; provided, however, that if no such funding commitments or objectives are given by the Council, the Mayor will still negotiate, in order to reach an agreement with the Certified Bargaining Units . In these negotiations , the Mayor will give due consideration to each of the stated Council negotiating objectives . However, the parties mutually acknowledge their separate roles and responsibilities under the City' s optional form of government and that neither is legally bound by these understandings or positions . 3 . Complete Negotiations by May 20th; Cost Disclosure . A. May 20 Deadline . The Mayor will use his best efforts to complete all negotiations with the Certified Bargaining Units on or before May 20th of that year and forward these agreements to the Council for ratification, consistent with City law. B. Disclosure, if Labor Proposal Exceeds Council Tentative Approval . If the proposed Agreement negotiated by the Mayor exceeds the tentative Council funding approvals , the Mayor shall include with the agreement transmittal, a letter: ( 1) providing an -2- estimate of the aggregate cost of the agreement; (2) identifying the deviations from any tentative understanding with the Council; and (3) specifying the cost of each such deviation. C. Disclosure, if Labor Proposal is Within Council Tentative Approvals . If the compensation package negotiated is at or under those tentatively approved by the Council, the Mayor shall state the estimated total cost of the compensation package. D. Limitation on Cost Disclosure. Any cost disclosure as required above, need not include non-cash benefits such as vacation, leaves of absences and the like; however, it will include pension, insurance, overtime and other matters requiring a cash payments separate from employee salaries . 4 . Periodic Council Briefing During Negotiations; Modifications of Council Positions . A. Mayor Duty to Inform Council. As negotiations proceed towards agreement or impasse, the Mayor shall periodically keep the Council appraised of their status and of areas of likely impasse. B. Council Duty to Notify Mayor of Policy Change. The Council will notify the Mayor, preferably in writing, as soon as practicable of any change in its earlier position. C. Duty to Meet and Confer. Should said modifications in the Council' s tentative funding commitment occur, the parties shall meet as soon as practicable and seek to arrive at a mutually acceptable negotiating position for the City. Either party to this protocol may calendar and call a meeting for this purpose, upon reasonable notice and at mutually convenient times . 5 . Council Initiated Compensation Ordinances . In the event agreements with the certified bargaining units of the City are not completed and presented to the Council by May 20th, or any later impasse date prescribed in City law, the Council reserves the right to set compensation and employee benefits by ordinance. The City Attorney will prepare the necessary legislation to implement a compensation package, as directed by the Council; this employee compensation package will become effective on the first day of the applicable fiscal year. -3- 6 . Termination. Either party to this protocol may terminate it upon 30 days prior written notice. DATED this day of , 1990 . SALT LAKE CITY COUNCIL By CHAIRPERSON MAYOR ATTEST: CITY RECORDER RFC:cc -4- N (a) The Mayor or his designee will brief the Council on revenue projections for the coming fiscal year and the projected effect of employee compensation; December 7 , 1990 Councilmembers : The staff is recommending that the demolition ordinance be moved to a special (brief) meeting on Thursday , December 13 . The City Attorney ' s Office has prepared a draft incorporating the items agreed to in the motion made on Thursday , December 6 . We need additional time to allow for the appropriate review to take place by our staff and the Administration ' s staff. We have had numerous conversations throughout the day with the Administration , the Attorney ' s Office and property owners today , but there are several issues which cannot be addressed within this short time frame . In addition , Councilmember Hardman is unable to attend the Tuesday meeting and wants to be involved in discussion relating to this issue . We have asked the Attorney 's Office to draft a second version of the ordinance which would eliminate the addition of housing for "elderly , " since it would be considered replacement housing and would thus will be covered by other language you conceptually approved Thursday evening . Allen Fawcett will provide a complete staff recommendation with your packet for Thursday ' s meeting . Thanks , Cindy • ROGER F. CUTLERSAI ` A\ a� �j �� j ASSISTANT ATTORNEYS NNIM CITY ATTORNEY RAY L. MONTGOMERY STEVEN W. ALLRED LAW_ DEPARTMENT GREG R. HAWKINS LARRY V. SPENDLOVE DEPUTY CITY ATTORNEY CITY AND COUNTY BUILDING BRUCE R. BAIRD 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 JANICE L. FROST FAX (801) 535-7640 MARSHA ATKIN NICHOLAS D'ALESANDRO JUDITH L.C. WEST December 4, 1990 Salt Lake City Council 304 City & County Salt Lake City, Utah 84111 Re: Residential demolition moratorium Dear Chairman Hardman and Council Members: Pursuant to a request I received the morning of December 4 , 1990, I have prepared a draft moratorium ordinance in compliance with the state authorization in Section 10-9-18 (g) Utah Code Ann. , 1953 . Because of the shortness of time to meet your packet deadline for the afternoon of December 4th, I have not had the opportunity to submit this draft to all affected City departments; therefore, it is in the nature of a preliminary draft for discussion. Please note, however, that notwithstanding the State enabling power for such moratoriums, there have been significant changes in federal and state law concerning the question of inverse condemnation and interim damages for overbroad regulations . This moratorium constitutes a total ban on a demolition, which may expose the City to liability for inverse condemnation or temporary takings . Because of the uncertainty of the future evolution in this area of the law, I have recommended that you use this process advisedly and narrow its scope, its duration, and area, as much as possible to achieve your objectives . The instructions I have received (which are reflected in this draft) are that it is to apply City-wide and to all Salt Lake City Council December 4 , 1990 Page -2- residential dwelling units . You should consider this matter in the context of potential liability and with the understanding that this office cannot certify that the City has no exposure to liability, under the above referenced law. All we are able to affirm is that the State enabling power exists in the City to undertake this action; however, each factual circumstance must be individually appraised to determine potential liability. With regard to the issues of liability and the desire to remove buildings that are hazardous, by virtue of an earthquake, fire or other structural weaknesses, I have included an exception for such circumstances . Also, to minimize the liability component, I have provided for an appeal process through the Housing Advisory and Appeals Board. Before claiming damages, an individual would have to make an application for this process; thereby, the City will be in a position to evaluate extraordinary circumstances and minimize the possibility of being unreasonable or unfair to a citizen and thereby have exposure to financial damages . By copy of this letter, I am informing the Mayor' s office and the City' s Planning and Zoning Department of this draft. They may comment directly to you regarding desired amendments or modifications . 7 Sincerely; ROGER ,F . CUTLER ity akttorney RFC:cc cc : Mike Zuhl Brent Wilde Harvey Boyd Bruce Baird R F SALT LAKE CITY ORDINANCE No. of 1990 (Demolition Permits) AN ORDINANCE AMENDING CHAPTER 64 OF TITLE 18 OF THE SALT LAKE CITY CODE, RELATING TO DEMOLITION PERMITS BY ADDING THERETO A NEW SECTION 18 . 64 .070 . WHEREAS, the City Council is vitally concerned with the preserving the vitality of its residential neighborhoods and retaining its housing stock, particularly its irreplaceable low income housing inventory; and WHEREAS, the City Council has become aware of a material threat to these said objectives by commercial encroachments into neighborhoods and by resultant requests for demolition permits of residential dwellings; and WHEREAS, Community Council and other concerned residents of the City have lobbied for relief through various legislative initiatives, including the enactment of an ordinance more closely monitoring and controlling such demolition; and WHEREAS, the Council is also sensitive to the property rights of those owning property and their desires to improve, upgrade and otherwise beneficially use their assets; and WHEREAS, the Council is committed to the economic development of the City and to encouraging a viable commercial and industrial component in the City; and • WHEREAS, balancing these sometimes conflicting goals and objectives is difficult; however, the City Council is currently attempting such a balance through consideration of a new ordinance regulating and establishing new procedures for the granting of demolition permits for residential buildings; and WHEREAS, a proper evaluation of the competing values and issues in such a demolition ordinance amendment requires time and study, in order to receive input from interested parties and organizations in the community; but, irreparable harm will be done, if these residential structures are destroyed before that evaluation process is completed and the law adopted; and WHEREAS, Utah law permits a moratorium for a period of time not exceeding six ( 6 ) months to preserve the status quo during such an evaluation period, under Section 10-9-18 (g) Utah Code Ann. , 1953; and WHEREAS, after deliberations, the City Council is of the opinion that there is a compelling public need and interest that requires a moratorium to prevent irreparable loss of housing stock during its deliberative process on demolitions; NOW THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Chapter 64 of Title 18 of the City Code relating to demolition permits be and the same is -2- • :,. hereby amended by adding Section 18 . 64 . 070 relating to a moratorium regarding the granting of demolition permits for the destruction of residential dwellings within the City, as follows: 18.64.070 Temporary Moratorium. A. Notwithstanding anything in this chapter to the contrary, no demolition permit which would authorize the destruction or removal of a building containing a residential dwelling unit may be granted by the City for a period of six months from the effective date of this ordinance or until such sooner time as the City Council adopts an amendment to Chapter 64 of Title 18 of this City Code, unless the City determines that the structure involves an enforcement action by the City pursuant to this title or the Uniform Housing Code for the Abatement of Dangerous Buildings . B. Right to appeal . All parties impacted by this temporary moratorium can appeal the provisions thereof to the Housing Advisory and Appeals Board (HAAB) , under the procedures of section 18 . 64 . 060 of the City Code. The HAAB may authorize the building official or, otherwise, may grant relief upon evidence of extreme hardship or other special mitigating circumstances . In granting relief from this moratorium, the HAAB shall consider the impact that permitting the destruction of a residential unit would have on the low income housing stock in the City and the value of -3- • preserving neighborhoods and the residential character of the surrounding environs . SECTION 2. In the opinion of the City Council of Salt Lake City, Utah, it is necessary to the peace, health and welfare of the inhabitants of Salt Lake City that this moratorium be imposed immediately to preserve the status quo until it can fully consider the impacts of amending the demolition ordinance as it currently exists in City law. SECTION 3 . This ordinance shall take effect immediately upon 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 -4- ATTEST: CITY RECORDER RFC:cc 12/4/90 -5- g,'3 -1(<-( .-V: \'' - ' 0 Li ris rgil --=r r M.- .F;.N-. ..,-_-_- . MEMORANDUM TO: City Council FROM: G . Allen Fawcett Community Development Coordinator DATE : November 19, 1990 RE : Petition #400-787-90 Closing of old North Temple Street between 2100 West and 2200 West The City Council Staff recommends that the City Council approve the request to close and sell the southern portion of the old North Temple Street between 2100 West and 2200 West subject to the usual requirements for appropriate utility easements and specific design requirements identified by the appropriate City agencies . With the reopening of 180 and the realignment of North Temple the character of this section of the road has been changed from a four lane major artery to a two lane service road. 111111111 MIKE ZUHL SALT LAKE'GIT�Y� ,,ORPO,RATION 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 October 19, 1990 RE: Petition No. 400-787-90 submitted by Woodbury Corporation Recommendation: That the City Council hold a public hearing on December 11, 1990 at 6:20 p.m. to discuss closing the southern portion of old North Temple Street between 2100 West and 2200 West Street. Availability of Funds: Not applicable. Discussion and Background: The Woodbury Corporation is the agent for the present owner of the Radisson Hotel located at 2177 West North Temple Street. They would initially use the additional property for landscaping and parking and will use the property in their plans for future expansion of more guest rooms and/or meeting space. North Temple was realigned as part of the freeway expansion project by UCCT which was completed in 1987 and the old North Temple Street from approximately 2400 West to 2100 West Street was quit claimed to Salt Lake by UDOT the next year. North Temple west of 2100 West was redesigned allowing a single lane of west bound traffic to enter the old portion of North Temple. There is no access to the new North Temple alignment for eastbound traffic from this section of the street east of 2200 West Street. After the property was deeded to Salt Lake City, staff from Planning, Engineering and Transportation met with the property owners abutting this property to discuss alternatives for use and design criteria for the street. At that time the property owners explored the idea of reducing or narrowing the street and installing improvements through a special improvement district but decided against the idea due to the costs involved. However, Litton Systems, Inc. is using both side of North Temple for cut back parking with approval from Transportation and Engineering Departments. The appropriate City Department have reviewed and approved this petition with specific design requirements. They support the concept of dealing with the reduction of the street size comprehensively with implementation on a phased basis in order to respond as the abutting property owners become interested in acquiring the additional property. The Planning Commission has reviewed and recommended approval to close the old North Temple Street between 2100 West and 2200 West Streets subject to the usual requirements for utility easements and that the specific design requirements identified by Engineering, Fire, Transportation and Public Utilities be met. The Planning Commission further recommendation that the property be sold to the abutting property owner at fair market value. Legislative Documents: The City Attorney's Office has prepared and approved the ordinance and is ready for your action. submitted by: ► CHAEL B. ZUHL Interim Director cc: Petition No. 400-787-90 SALT LAKE CITY ORDINANCE No. of 1990 (Closing a portion of Old North Temple from 2100 West to 2200 West pursuant to Petition No. 400-787-90) AN ORDINANCE CLOSING A PORTION OF OLD NORTH TEMPLE FROM 2100 WEST TO 2200 WEST PUTSUANT TO PETITION NO. 400-787-90. 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 interest nor divest the City of title to the property without subsequent documents of transfer. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That a portion of Old North Temple from 2100 West to 2200 West, which is the subject of Petition No. 400-787-90 and 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 street, with the title remaining with the City until subsequent sale for market value, as determiend by a , City approved appraisal paid for by the purchaser. Said street is more particularly described as follows: Beginning West 1, 262 feet and North 672 feet from the Southeast corner of Sec. 33, T1N, R1W, Salt Lake Base and Meridian, said point also being on the Southeast corner of the intersection of 2200 West and the "old" /O1719° • P/ North Temple Street; thence North 65 feet; thence N89°58 ' 38"E 434 . 51 feet; thence Southeasterly 119 feet more or less; thence S89 °58 ' 38"W 534 . 51 feet to the point of beginning. 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 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 closure is also SUBJECT TO any existing rights-of-way or easements of private third parties . SECTION 3 . EFFECTIVE DATE. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990. CHAIRPERSON ATTEST : CITY RECORDER Transmitted to the Mayor on Mayor ' s action: Approved Vetoed . MAYOR -2- ATTEST: CITY RECORDER ( SEAL ) BILL NO. OF 1990 Published: BRB: rc -3- RECEIVED 7 CTY A i T ORNEY'S O FIC.E SALT' .`...'.�,aM G,JITJY' e, RPO°r I Nj ALLEN C.JOHNSON. AICP "" 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 September 28, 1990 Mike Zuhl, Interim Director Community & Economic Development City & County Building Salt Lake City, UT 84111 Re: Petition 400-787 - Woodbury Corporation requesting closure of a portion of old North Temple Dear Mike: Attached please find the above referenced petition from the Woodbury Corporation requesting Salt Lake City to close the southern portion of the old North Temple Street abutting the Radisson Hotel from 2100 West to 2200 West Street. The Woodbury Corporation is the agent for the present owner of the Radisson Hotel located at 2177 West North Temple Street. North Temple was realigned as part of a freeway expansion project by UDOT which was completed in 1987. North Temple west of 2100 West was redesigned allowing a single lane of west bound traffic to enter the old portion of North Temple. There is no access to the new North Temple alignment for eastbound traffic from this section of the street east of 2200 West. North Temple from approximately 2400 West to 2100 West was quit claimed to Salt Lake City by UDOT on July 19, 1988. Shortly after the State ' s conveyance of the street City staff from Engineering, Planning and Transportation met with the property owners abutting this property to discuss alternatives for use and design criteria for the street. The property owners at that time explored the idea of reducing or narrowing the street and installing improvements through a special improvement district ( SID ) but decided against the idea due to the costs involved. Page 2 Mike Zuhl September 28, 1990 Re: Petition 400-787 - Woodbury Corporation requesting closure of a portion of old North Temple Litton Systems, Inc. ( located directly west of the Radisson across 2200 West ) is presently using both sides of North Temple for cut back parking with approval from Transportation and Engineering Departments The appropriate City Departments have reviewed this petition an recommend approval with specific design requirements. The staff supports the concept of dealing with the reduction of the street size comprehensively with implementation on a phased basis in order to respond in a timely manner as the abutting property owners become interested in acquiring the additional property. The Planning Commission, at their regularly scheduled meeting, September 6, 1990, voted to recommend to the City Council approval of this request to close and sell the southern portion of the old North Temple Street between 2100 West and 2200 West subject to the usual requirements for appropriate utility easements and specific design requirements identified by Engineering, Fire, Transportation, and Public Utilities. The Planning Commission recommends the City Council schedule a public hearing in this request to receive public comment. If you need additional information, please contact Janice Jardine or myself. kr67414:, ( William T. Wright, AICP Deputy Planning Director attachment WTW: JJ SALT LAKE CITY PLANNING COMMISSION STAFF REPORT PETITION 400-787 WOODBURY CORPORATION REQUEST TO CLOSE A PORTION OF OLD NORTH TEMPLE STREET OVERVIEW Petition 400-787 is a request from Mr. Guy Woodbury with the Woodbury Corporation requesting Salt Lake City to close the southern portion of the old North Temple Street between 2100 West and 2200 West. The Woodbury Corporation is the agent for the present owner of the Radisson Hotel located at 2177 West North Temple Street . BACKGROUND North Temple was realigned as part of a freeway expansion project by UDOT which was completed in 1987. North Temple west of 2100 West was redesigned allowing a single lane of west bound traffic to enter the old portion of North Temple. There is no access to the new North Temple alignment for eastbound traffic from this section of the street east of 2200 West. North Temple from approximately 2400 West to 2100 West was quit claimed to Salt Lake City by UDOT on July 19, 1988. The petitioner has noted that the portion of the street they are requesting to close is so infrequently used that snow removal crews do not plow that section and have submitted photographs to substantiate this statement. The Radisson Hotel was constructed in 1986. Initially the additional property will be used for landscaping and parking with future expansion of more guest rooms and/or meeting space. Zoning of the property is Commercial C-1 with a small corner of Industrial M-1. ANALYSIS Review and comments from other City departments are as follows: Property Management No objection to request subject to: - easements for existing utility lines, - petitioner to pay for a MAI appraisal of the property, - petition to pay fair market value for property. • Engineering No objection to request subject to: - approval of the request by all abutting property owners, - design roadway alignment and traffic plan for intersection of North Temple and 2200 West, - approval of private and public utilities and easements for public and private utility lines, any changes or relocation shall be at the petitioners expense, - drainage plan for entire site including proposed property acquisition be submitted and approved by the City Engineer . Transportation Recommend approval subject to: - realignment of traffic lanes of adjoining. blocks due to the necessity of shifting the existing centerline of the roadway to the north in order to maintain continuity of traffic lanes between blocks, - approval of all property owners between 2100 West and 2450 West because roadway is to be closed on only one side instead of both sides, - all abutting property owners between 2100 West and 2450 West should be involved in a master plan for the roadway. Public Utilities Recommend approval subject to: - existing 2 water and 2 sewer mains located in the street must be protected with the appropriate easements and right-of-way agreements, - the property may be landscaped or hard surfaced, however, no construction over the utility lines shall be allowed unless the lines are relocated. Fire Department Recommend approval subject to: - the existing fire hydrants being relocated to provide required fire flow and access. Shortly after the State 's conveyance of the street City staff from Engineering, Planning and Transportation met with the property owners abutting this property to discuss alternatives for use and design criteria for the street. The property owners at that time explored the idea of reducing or narrowing the street and installing improvements through a special improvement district (SID) but decided against the idea due to the costs involved. Litton (located directly west of the Radisson across 2200 West) is presently using both sides of North Temple for cut back parking. Transportation Engineering has allowed Litton to use both sides of the street for cutback parking for their business. The planning staff supports the concept of dealing with the reduction of the street size comprehensively with implementation on a phased basis in order to respond in a timely manner as the abutting property owners become interested in acquiring the additional property. RECOMMENDATION Staff recommends that the Planning Commission recommend to the City Council approval of this request to close and sell the southern portion of the old North Temple Street between 2100 West and 2200 West subject to the usual requirements for appropriate utility easements and specific design requirements identified by Engineering, Fire, Transportation, and Public Utilities . August, 1990 Janice M. Jardine a.,• 46\41. I. : V ♦♦ . ) leiliki.. ;Iisil,1141666 * NVIa..1 4 II.4 IX t I k• \' • North Tem•1e vi .��� �""& , N /„ ITLC WEST TITLE CO. July 13, 1990 Hand Delivered Ms. Janice Jardine Salt Lake City Corporation City and County Building, Room 406 444 South State Street Salt Lake City, Utah 84111 Re: pt. North Temple Street adjacent to Radisson Inn - Airport Dear Ms. Jardine: At the request of Mr. Guy Woodbury, this company has conducted a search of the real property ownership records of Salt Lake County, Utah for the purpose of aanfirming the title to that portion of North Temple Street which was conveyed to Salt Lake City Corporation by that certain Quit Claim Deed from the Utah Department of Transportation which was recorded in the office of the Salt Lake County Recorder as Entry No. 4664203, in Book 6056, at Page 1168 (a copy of which is attached hereto for your reference) . As a result of our search we have determined that the Utah Department of Transportation was in fact the record owner of the above described property at the time of the execution and recordation of said Quit Claim Deed. This letter should not he construed to be a Commitment for Title Insurance, a Policy of Title Insurance or an Abstract of Title and no representation is made herein as to the status of title other than as is specifically stated. Should you desire any further information, please direct your inquiry • to the party named below. Sincerely, TITLE:WES TIT CO!s, By: ;� ,t\ A�u ' 'ed ignatory CC: Guy Woodbury Woodbury Corporation 2677 East Parley's Way Salt Lake City, Utah 84109 675 EAST 2100 SOUTH, SUITE 350, SALT LAKE CITY, UTAH 84106 801-485-1600 I e4tesita"Diarriblal . I OQiM Parcel No. 034-1t218TQ Cti.Utak Mimi OUPPpipt nty Boni Project No. 9-034-1(9) The UTAH DEPARTMENT OF TRANSPORTATION, by its duly appointed Director, Grantor, of Salt Lake City, County of Salt Lake, State of Utah, hereby QUIT CLAIMS to SALT LAKE CITY CORPORATION , Grantee, C'9 CDat 444 South State ,Street. Salt Lake CitY, Utah 04111 C11 County of 561t § , State of Utah ,tip 84111 , for the sum of '- Ten and no/100 Dollars, vie the following described parcel of land in Salt Lake County, State of Utah, to-vitt A tract of land aituntn in the SS*8"* and 848E* of Section 33, T. 1 N. , R. 1 W. , B.L.B.& M. The boundaries of said tract of land are described as follows: Beginning in the southerly right of way line of North Temple Street at a point 668.25 ft. north and 340.71 ft. west from the South Quarter of said Section 33, said point Le also 66 ft. perpendicularly distant southerly from the monument line of said North Temple Street; thence Zaeterly 2300.87 ft. along a lire parallel with said monument line; thence N. 62 33'58" B. 286.51 ft. to the northerly right of way line of said North Temple Street; thence Westerly 2247.45 ft. along a line parallel with said monument line; thence South 16 ft. ; thence Westerly 307.71 ft. along a line parallel with said monument line; thence South 116 ft. to the point of beginning. The above described tract of land contains 7.243 acres. Together with and subject to any and all easements, restrictions, and rights of way appearing of record or enforceable in law and equity. Junkyards, as defined in 23 USC, Section 136, shall not be established or maintained on this tract. IN WITNESS WHAR808, the said UTAH DBPARTMR OF TAANB'elTATION has caused this instrument to be ► ocuted this Q. day of ,,,._ _ _ , A.D. , 19 by its Director. / , I SIT T AP.A1ZSPOATATIOU STATE OF UTAH ) UTAH } r COUNTY OY7 SALT LAKE ) 44 44/ Director .I11 ,,�+�^ .�, ,. � d::tc® first above written p®re�nallq sppesgad b®fox® ca, �•t"ti , .-,04i1, •y1' . f * . . o who by to duly °worn did Say that he l '10./�'!'1A'�'�1fO ► .rector, and bo further achnowledged to m n p•l.0 ,, -: ,o `:.a s gne. by big in behtl f of said UTAH DttPAAT 4t11' Oy 11 ,! �_ /C _ 9/ ., :, . �; .. �� ,,, -- eta 0 o Prepared JD.A 4/6/87 Mountain , Fuel0A OUESTAR COMPANY R 4: AK 180 EAST FIRST SOUTH P.O.BOX 11368 SALT LAKE CITY,UTAH 84139 PHONE(801)534-5555 February 20, 1990 Ms. Janice M. Jardine Community Planner , Room 406, City and County Building 451 South State Street Salt Lake City, Utah 84111 Re: Petition 400-787 Woodbury Street Closure Request North Temple between 2100 and 2200 West Dear Ms. Jardine: Mountain Fuel Supply Company has a 6" high pressure gas main in the subject street. This vacation request should only be approved subject to the following: 1. Petitioner's rights are subordinate to Mountain Fuel Supply Company's rights to lay, maintain, operate, repair, inspect, protect, remove and replace the existing 6" gas line and related facilities. 2. Petitioner shall not build or construct, nor permit to be built or constructed, any building or other improvement over or across the vacated street, nor change the contour thereof, without written consent of Mountain Fuel Supply Company. _ 3. Petitioner will execute a Right-of-Way and Easement Grant for a 30.0 foot wide right-of-way and easement as shown on the attached map. When described, said right-of-way will be presented to the petitioner on the attached form. Enclosed is my card. If you have any questions, please contact me. Sincerely, Qt./ / ri �1 Iv r ' _ David A. Ing eby Property Agent cnh Attachment cc: R. J. Zobell M.G. Warner D. L. Cox MOUNTAIN FUEL SUPPLY COMPANY A OUESTAR COMPANY RIGHT-OF-WAY AND EASEMENT GRANT a corporation of the State of Utah, Grantor, does hereby convey and warrant to MOUNTAIN FUEL SUPPLY COMPANY, a corporation of the State of Utah, Grantee, its successors and assigns, for the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, a right-of-way and easement feet in width to lay, maintain, operate, repair, inspect, protect, remove and replace pipelines, valves, valve boxes and other gas transmission and distribution facilities (hereinafter collectively called "facilities") through and across the following-described land and premises situated in the County of , State of Utah, to-wit: Land of the Grantor located in Section , Township , Range , Salt Lake Base and Meridian; the centerline of said right-of-way and easement shall extend through and across the above-described land and premises as follows, to-wit: TO HAVE AND TO HOLD the same unto the said Mountain Fuel Supply Company, its successors and assigns, so long as such facilities shall be maintained, with the right of ingress and egress to and from said right-of-way to maintain, operate, repair, inspect, protect, remove and replace the same. During temporary periods, Grantee may use such portion of the property along and adjacent to said right-of-way as may be reasonably necessary in connection with construction, maintenance, repair, removal or replacement of the facilities. Grantor shall have the right to use said premises except for the purposes for which this right-of-way and easement is granted to Grantee, provided such use does not interfere with the facilities or any other rights granted to Grantee hereunder. Grantor shall not build or construct, nor permit to be built or constructed, any building or other improvement over or across said right-of-way, nor change the contour thereof, without written consent of Grantee. This right-of-way shall be binding upon and inure to the benefit of the successors and assigns of Grantor and the successors and assigns of Grantee, and may be assigned in whole or in part by Grantee. Page 1 of 2 Pages It is hereby understood that any parties securing this grant on behalf of Grantee are without authority to make any representations, covenants or agreements not herein expressed. IN WITNESS WHEREOF, Grantor has caused its corporate name and seal to be hereunto affixed this day of , 19 A 1"1"EST: By: Secretary President STATE OF UTAH ) ) ss. COUNTY OF ) On the day of , 19 , personally appeared before me and , who, being duly sworn, did say that they are the and , respectively, of , and that the foregoing instrument was signed on behalf of said corporation by authority of a resolution of its Board of Directors (or)* its Bylaws, and said and acknowledged to me that said corporation duly executed the same. Notary Public Residing at _ My Commission Expires: * Strike clause not applicable. Page 2 of 2 Pages LINDA HAMILTON SAT fl' SIT. Y, VORPOO �� ION vccci 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 February 22, 1990 T0: Janice Jardine Planning FROM: Linda Cordova Property Manager REF: PETITION NO. 400-787 - WOODBURY REQUEST FOR STREET CLOSURE ON NORTH TEMP[,F Property Management has no objection to the request for street closure, subject to the retention of easements for any existing utility lines. The petitioner is to pay fair market value for the property; and it should clearly be understood by the petitioner that it is their responsibility to pay for the appraisal and should be prepared by a City approved MAI appraiser. They may contact our office to get the list of approved appraisers. Please call me on Ext. 6308 if you have any questions. LC/mt Jardine.Woodbury PALMER DE:PAULIS SALTS f GITY ORPORATIONI�N a� a 1.,a �� �.�.�..�..,.� 1 MAX G. PETERSON. P.E. MAYOR '' CITY ENGINEER DEPARTMENT OF PUBLIC WORKS City Engineering Division 444 SOUTH STATE STREET SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7871 TO: ANICE JARDINE, PLANNING FROM: ARRY EWING, ENGINEERING DATE: MARCH 23 , 1990 SUBJECT: PETITION 400-787, REQUEST FROM THE WOODBURY CORPORATION TO CLOSE A PORTION OF OLD NORTH TEMPLE STREET This department has completed the review of Petition 400- 787, to close the south half of the old North Temple Street between 2100 West and 2200 West Street The petitioned proposal is to use part of the old road to expand his motor hotel operation. The following comments are provided : 1) A request of this nature will require the acceptance by all abutting property owners . 2) Design a roadway alignment and traffic plan for the intersection of North Temple and 2200 West Street . 3 ) Any construction affecting the existing utility lines or their easements will require approval from the owner (s) of said utility. The City will not assume any responsibility or financial burden. 4 ) Submit for approval a drainage plan to incorporate the proposed land acquisition to the total site. Their current development drainage plan has never been approved . This department will recommend for the approval of the vacation and sale of this property with a stipulation of meeting all the aforementioned items . HE: cp cc: Charles Call Vault ( . JOSEPH R. ANDERSON S 11', ,u z GUY( GORPORATI,OO N TIMOTHY P. HARPST, P.E. 3 m +-++w.w m B W��or aT-.u.n.w�.a. PUBLIC WORKS DIRECTOR CITY TRANSPORTATION ENGINEER TRANSPORTATION ENGINEERING • 333 SOUTH 200 EAST, SUITE 201 SALT LAKE CITY, UTAH 84111 TELEPHONE (801) 535-6630 February 23 , 1990 Janice Jardine Planning & Zoning 4th Floor - City Hall RE: Petition #400-787 - Closure of a Portion of Old North Temple 2100-2200 West Dear Janice: The Division of Transportation ' s site review comments and recommendations are as follows for the proposed closure of North Temple between 2100 and 2200 West: 1) The petition to close a portion of roadway off the south side of North Temple between 2100 and 2200 West causes centerline of the roadway to be located further to the north affecting continuity of traffic lanes between blocks, realignment of joining blocks would be necessary. Typically, roadway is closed off both edges leaving alignment the same. All abutting property owners between 2100 West and 2450 West should be involved with a master plan for the roadway. If roadway is closed on only one side instead of both sides , even for one block , it should be by agreement of all property owners between 2100 West and 2450 West. 2) Final agreement will be subject to submittal of approved construction plans for the complete restructure and alignment of North Temple with all required intersection revisions ( 2100 West, 2200 West, 2400 West), driveway revisions, traffic control devices (signal , signs , striping) , drainage control , street lighting, etc. 3 ) All revisions as a result of the closure are to be at the expense of the petitioner with no hardship to the city. 4 ) All utilities and utility easements shall remain as required and approved by the entity concerned . Any changes required will be at petitioner ' s expense. 5) Enclosed is a sketch of the existing traffic pattern showing the alignment through the intersection at 2200 West. Sincerely, Scott R. Vaterlaus Traffic Engineer I BDW/lh cc: Steve Meyer Barry Walsh File LEROY W. HOOTON, JR. DIRECTOR ,�,,WENDELL E. EVENSEN, P.E. S1 ' r A, V; TIYI GORR ° 2 Q f SUPERINTENDENT •-x4 WATER SUPPLY&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 S 1530 SOUTH WEST TEMPLE ACCOUNTING OFFICER SALT LAKE CITY, UTAH 84115 GEORGE JORGENSEN, P.E. CHIEF ENGINEER TO: JANICE JARDINE PLANNING & ZONING FROM: E. T. DOXEY WATER RECLAMATION SUPERINTENDENT DATE: FEBRUARY 16, 1990 SUBJECT: PETITION #400-787; WOODBURY STREET CLOSURE REQUEST - N. TEMPLE The Public Utilities Department has reviewed the above noted petition and has found there is conflicts; 2 water and 2 sewer mains are in North Temple. 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 / ' • . '.1:`'';r00--:2'4'14:'; .:''' -:- q Y r _ jjt , Petition No. 400-787 • ' 0 • By Wnndhi,ry Corporarti-nn- I �� �v L, By - Guy R. Woodbury I i YY ,,,- J• .!% 1 Requesting Salt Lake City to close ; 1 . the southern portion of the old North: CITY PLANNING & _ i• ;� !I: Temple Street between 2100 West and I ZONING COMMI a (� 12200 West Street. {:,) i, :L., i PPFe0L.E__ /60 P/ ., ; ; i H 15 MU'J" spv—, rq Jo — L I UJ pi O "Tc!rn,1 A ^ CF /D"i I ! _ II ' L /5 ' Ill 1 1 S /^-`' .✓;-" N O� • - ' O I (' pV! �L F GGsS , ! , 1 2) 1Z-.4. = I-1 `1 7.•---"''-7- — -.> 1 1 - II 1 5 /,1 J ✓4•.;7 vV S S! -O , . r/:.g)vi0 A cG s =S . 1 ! S ,'� I • I ° A H I . . Dare Filed January. 24. 1990 ! , 4ddress 2677 East Parley's Way._-- 1 Salt Lake City, Utah 84109 ! 1 i _il II_ WOODBU RY _I I_ Realtors / Brokers / Managers �;. -v.- CORPORATION Developers / Consultants / Architects 2677 East Parley's Way / Salt Lake City, Utah 84109 (801) 485-7770 January 25, 1990 Mayor Palmer DePaulis City & County Bldg. 451 South State Street Salt Lake City, UT 84111 Re: Street Closure Request Dear Mayor DePaulis: We hereby request the closure of the southern portion of the old North Temple street between 2100 West and 2200 West in Salt Lake City. As the adjacent property owner, we also request the opportunity to acquire the property. According to Salt Lake County records, old North Temple was transferred to Salt Lake City Corporation by the Utah Department of Transportation on July 19, 1988 (see enclosed copy of the vesting deed) . The portion of old North Temple at issue is clearly oversized for its current and projected use. As you know, North Temple was re-routed three years ago. The result of the re-routing was that the old North Temple west of 2100 West was transformed from a heavily traveled 4-6 lane highway into a infrequently traveled side road - with no corresponding change in the street width. Yet, only a single lane of West bound traffic is permitted to enter the eastern end of old North Temple (approximately 2100 West) and there is no access to the new North Temple for eastbound traffic from this section of road. The street is so infrequently used that snow removal crews have often not even plowed the segment of old North Temple that we hereby request to be closed (see copies of photographs attached) . We propose a closure of the southern portion of this road as outlined on the attached Exhibit A. We would initially use the property for additional landscaping and parking for the Radisson Hotel . However, we would like the opportunity to use this property in the future for an expansion our existing hotel facility by adding more guest rooms and/or meeting space. Exhibit B attached is a conceptual drawing of how such an expansion may be done. 371-A, Suite WL-2 /Ogden City Moll /Ogden. Utah 84401 /(801)627-1980 E-205/University Moll /Orem, Utah 84058/(801)224-1423 765 Star House, Tsim Sho Tsui. Kowloon, Hong Kong/(3) 7230187 Steinweci 7, 6000 Frankfurt 1, Fed. Rep. of Germany/69-29521 r Please note that, to our knowledge, there is a high pressure gas main as well as water, sewer and telephone lines running in the portion of street we request to be closed. The market value of the property should be very low because its use for anything but ground level parking or landscaping would require moving those utilities at great expense. Enclosed please find our $100 filing fee. Should you or any of staff have any questions, please call me at 485-7770. Thank you for your consideration of this matter. Sincerely, WOODBUgy CORPORATION,;- agent for/L'AUBERG , NC. Guy(R. oodbury General Manager GRW/cmp Enclosures . ;a1 Parcel No. 034-1:218TQ g$T*me (Quit Project No. 7-034-1(9) , lilt a e ounty y E,f'k: The UTAH DBPA&T}18NT 07 TRANSPORTATION, by its duly appointed Director, ..:; e Grantor, of Salt Lake City, County of Salt Lake, State of Utah, hereby QUIT f 4 SALT LAKE CITY CORPORATION X �p CLAIMS to , Grantee, aq Syr (�v, 1 =i• ': at 444 South $$,n,e Street. Salt Lake Cit Utah 84111 , h ' County of Salt Lake , State of Utah ,sip 84111 , for the sum of �Y'*� Ten and no/lOQ tDollars, '; �; P ', C.0 „ k the following described parcel of land in Salt Lake County, State of Utah, : ' to-wit: `y_ a ''u • • • A tract of lend oituatm in the SH$8T13 and 8}SHE of Section 33, T. l N. , '0=1,j R. 1 W., 8.L.8.6 H. The boundaries of said tract of land are described as 1: '- Follows: - f`"^ beginning in the southerly right of way line of North Temple Street at a Y •+r ' point 668.25 ft. north and 340.71 ft. west from the South Quarter of maid --` Section 33, maid point io also 66 ft, perpendicularly distant southerly ix= q the monument line of maid North Temple Street; thence Easterly 2300.87 ft. ;• along a line parallel with maid monument line; thence N. 61 33'58" E. � 286.51 ft. to the northerly right of way line of maid North Temple Street; ': if thence Westerly 2247.45 ft. along a line parallel with eaid monument line; . ,ti thence South 16 ft.; thence Weaterly 307.71 ft. along a line parallel with said monument line; thence South 116 ft. to the point of beginning. Iii The above described tract of land contains 7.245 acres. Together with and subject to any and all easements, remtrictione, end rights of way appearing of record or enforceable in law and equity. 1,...- Junkyards, as defined in 23 UGC, Section 136, shall not be established or ' maintained on this tract. Ul W t'`` IN WITN3SS i REOF, the said UTAJi DHPARTHE 07 TR&2iS'e:TATI01 has caumed thim : instruaent to be executed this day of / , A.D., 19 ' el by its �,,, s/ <: ..R . Director, Na / ' UTAH NT P E�SPORTATI0N BTATS 01 UTtl3i ) ,.�a ••1_:,`+� ^'';'1' .,- .. it: COUNTY OF SALT LASS ) 144'4i$ Director It, i 1 '".'" ' d to first above written personally appeared before ma, at! .,: 1r11 `;,ya' , - , who by ea duly morn did say that be ;',,.d1'W;% ti1FIRA III i rector, and be further acknowledged to ran �'u r�r n� o ' as s gee• by bin in behalf of maid GTAIi D3PART�1?'P OP ' I` w Q •• }�u[ u .'• \ 1. . , - yr• . .O' `1 'iroot ?_ f Y - /�/ r ;. otary o i IIll 1' wv 4 , --17 Prepared JDA 4/6/87 1 • r h •• .• .. • ,. r e r t.l. ^�� 4664203 / V 7 AUGUST 88 09158 AM . KATIE L. DIXON . REC1'0'1.r SALT LANE COUNTY UTAH UTAH 0 PT. OF TRANSPORTATLON REC Vs REBECCA 6RAY • DEPUTY • ; =3. e. y r d\ S , . . ,f 1 . 1 -.T. • I- • - I . 1 i : , -ci • I •1 . •:, I r 1 1, f ,--119 ill : I I I! 1 1 . .. , I 1' • • . 0 0 6 1 11 \ .. . •- •'-•.-‘ , . 1; , . • .n i 1 . . r3 . . , . 11 . . I . •, c.t) , . •., rd 1 H •-'6"4:7%•,•ti-•-•,1'',1_.._••,'.1ze:,;•Sn •• /20,...,:.... ... -. '. : : :''•: .1 ::.-:::::::ti'..,•AP:..:. s• ..4%43.7 :':;;RIV?.*-Z i _"•,•f0'•••;:qi..,--'•-•-,"••i,'•'.... 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Allen Fawcett, Community Development Coordinator ACTION REQUESTED OF COUNCIL: Hold Public Hearing concerning the adoption of an ordinance vacating the alley between 1200 West and Oakley and 400 North to 500 North Pursuant to Petition #400-828-90 BACKGROUND INFORMATION: Leroy and Eldan Jensen, residing at 441 North 1200 West, filed petition #400-828-90 requesting the closure or vacation of the • alley between 1200 West and Oakley and 400 North to 500 North. The petition contained the signatures of all the adjoining property owners on the block with the exception of a fourplex at 451 - 457 North and 1200 West owned by a Mr. Robert Bauer. Mr. Bauer does not support the alley vacation because he said that he needs access to the rear yard for his tenants off street parking and private garbage pick up. He also indicated that the additional property resulting from the vacation would increase his property taxes . The Planning Staff has contacted the appropriate City departments and has received a review of the request . Bruce Baird, of the City Attorney' s Office, has indicated that, due to recent court decisions, the City would have a risk of liability to the owner of the fourplex if reasonable access to the property were cut off . Subsequently, the Planning Staff identified three alternatives : 1 . Partial alley vacation from the southern property line of the fourplex to 500 North. 2 . Full alley vacation if the property owner of the fourplex, the property owner of the triplex directly north of the fourplex (465 North 1200 West) and the property owners at 464 and 465 North Oakley abutting the rear of these two properties could enter into a private right-of-way easement allowing access through their private property. 3 . Full alley vacation if the owner of the fourplex could install driveways from 1200 West to the rear parking area on one side or both sides of the property. Again, the appropriate City Departments reviewed the petition as per the Attorney' s opinion and recommended a partial alley vacation south from the south property lines of Lot 18 (451 to 457 North 1200 West) and Lot 41 (566 North Oakley Street) , Oakley Subdivision. Mr. Jensen, the petitioner, has been contacted and F „ 111111111 At MIKE ZUHL SALT' -:LAKES Gr at @oRPOR 1'I N LEE KING INTERIM DIRECTOR e ' 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 October 25, 1990 RE: Petition No. 400-828-90 submitted by LeRoy and Eldean Jensen - et al Recommendation: That the City Council hold a public hearing on December 11, 1990 at 6:30 p.m. to discuss Petition No. 400-828-90 submitted by LeRoy and Eldean Jensen - etal. The petitioners are requesting that the alley located between 1200 West and Oakley and 400 North to 500 north be vacated. Availability of Funds: Not applicable. Discussion and Background: During the site inspections of the alley a fourplex located at 451 to 457 North 1200 West was identified as requiring access through the alley to off-street parking in the rear yard. This property is located approximately midpoint within the block. The owner of the fourplex has not signed this petition. The Planning Staff has contacted Mr. Robert Bauer, the property owner, to discuss the alley vacation request. Mr. Bauer does not support the alley vacation request because he needs access to the rear yard for tenant parking, private garbage pickup and the additional property would increase his property taxes. The Planning Staff has contacted the City Attorney's Office for an opinion on the City's liability if the entire alley is vacated, as requested, with no access provided for the fourplex. Bruce Baird of the City Attorney's Office, has recommended that due to recent court decisions, the City would have a risk of liability to the owner of the fourplex if reasonable access to the property were cut off. The Planning Staff has identified the following alternatives: 1. a partial alley vacation south from the southern property line of the fourplex. 2. a full alley vacation if the property owner of the fourplex, the property owner of the triplex directly north of the fourplex (465 North 1200 West) and the property owners at 464 and 465 North Oakley abutting the rear of these two properties could enter into a private right-of-way easement allowing access through their private property. 3. a full alley vacation if the owner of the fourplex could install driveways from 1200 West to the rear parking area on one side or both sides of the property. The appropriate City Departments have reviewed this request and as per the City Attorney's opinion they recommend a partial alley vacation south from the south property lines of Lot 18 (451 to 457 North 1200 West) and Lot 41 (566 North Oakley Street) , Oakley Subdivision. The petitioner, Mr. Jensen, has been contacted and provided the information from the City Attorney's Office. He still wishes to proceed with a full alley vacation and a public hearing before the City Council. He and his neighbors would like the opportunity to present their information and reasons for pursuing a full alley vacation. Notices will be mailed to all abutting property owners. Legislative Action: The City Attorney's Office has prepared and approved an ordinance vacating a portion of the alley. The ordinance is ready for your action. bmitted by: /-xj I /"5 ICHAEL B. ZUHL nterim Director SALT LAKE CITY ORDINANCE No. of 1990 (Vacating a portion of an alley between 1200 West and Oakley and 400 North to 500 North, pursuant to Petition No. 400-828-90 AN ORDINANCE VACATING A PORTION OF AN ALLEY BETWEEN 1200 WEST AND OAKLEY AND 400 NORTH TO 500 NORTH, PURSUANT TO PETITION NO. 400-828-90. 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 alley between 1200 West and Oakley and 400 North to 500 North, which is the subject of Petition No. 400-828-90, 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: Beginning at the Southwest corner of Lot 1, IP Oakley Subdivision, a subdivision within the corporate limits of Salt Lake City; thence .v ,tt�j{% North 426 feet more or less to the Southwest �--ff f corner of Lot 18, Oakley Subdivision; thence West 16.25 feet to the Southeast corner of Lot 41, Oakley Subdivision; thence South 426 feet more or less to the Southeast corner of Lot 58, Oakley Subdivision; thence East 16.25 feet to the point of beginning. SECTION 2. RESERVATIONS AND DISCLAIMERS. The above vacation is expressly made SUBJECT TO all existing rights-of-way and easements of all public utilities of any and every description now located on and under or over the confines of the property and also SUBJECT TO the rights of entry thereon for the purposes of maintaining, altering, repairing, removing or rerouting said utilities, including the City' s water and sewer facilities, and all of them. Said vacation is also SUBJECT TO any existing rights-of-way or easements of private third parties. SECTION 3 . EFFECTIVE DATE. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990. CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s action: Approved Vetoed. MAYOR -2- ATTEST: CITY RECORDER (SEAL) BILL NO. OF 1990. Published: . BRB:rc 12/11/90 -3- SALT• (k: �ITJY? CORPORATION ALLEN C. JOHNSON.AICP 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 October 10, 1990 Mike Zuhl, Interim Director Community & Economic Development City & County Building Salt Lake City, UT 84111 Re: Petition 400-828 - Jensen alley vacation request 1200 West and Oakley and 400 North to 500 North Dear Mike: Attached please find Petition 400--828 from LeRoy and Eldean Jensen requesting Salt Lake City to vacate an alley located between 1200 West and Oakley Streets and 400 North to 500 North Streets. Through the review process the appropriate City departments have reviewed this request and basically have no objections with vacating a portion of the alley. A site inspection of the alley identified a fourplex located at 451 to 457 North 1200 West which requires access to oft-street parking in the rear yard. This property is located approximately midpoint within the block. The owner of the property has not signed this petition. The Planning staff contacted the property owner, Mr. Robert Bauer, to discuss his opinion of the alley vacation request. He indicated that he would not support the vacation request for the following reasons; the property needs access to the rear yard for tenant parking and private garbage pickup, and the additional property would increase his property taxes. Staff has contacted the City Attorney's office to receive a legal opinion as to the City" s liability if the entire alley is vacated as requested with no access provided for the fourplex. �' Page 2 Mike Zuhl October 10, 1990 Re: Petition 400-828 - Jensen alley vacation request 1200 West and Oakley and 400 North to 500 North The City Attorney ' s office recommends; "Pursuant to recent court decisions, the City would have a risk of liability to the owner of the fourplex if reasonable access to the property were cut off. I note that there is no parking apparent from the photograph other than in the rear area. Accordingly, it would be our recommendation that the alley not be closed so as to block access to this property without other provision for access sucl-i as an easement through Lot 21" ( neighboring triplex property) . • Staff has identified the following alternatives: A) a partial alley vacation south from the southern property line of the fourplex. B) a full alley vacation if the property owner of the fourplex, the property owner of the triplex directly north of the fourplex ( 465 North 1200 West ) and the property owners at 464 and 465 North Oakley abutting the rear of these two properties could enter into a private right-of-way easement allowing access through their _private property. C ) a full alley vacation if the owner of the fourplex could install driveways from 1200 West to the rear parking area on one side or both sides of the property. Staff contacted Mr. Jensen, the petitioner, with the information from the City Attorney' s office. He still wishes to proceed with a full alley vacation and a public hearing before the City Council. He and his neighbors, those who have signed the petition, would like the opportunity to present their information and reasons for pursuing a full alley vacation. Staff recommends a public hearing be scheduled with the City Council to receive public input in this matter. Based on the City Attorney ' s opinion the staff recommends a partial alley vacation south from the south property lines of Lot 18 ( 451 to 457 North 1200 West ) and Lot 41 ( 456 North Oakley Street ), Oakley Subdivision. Sincerely, ii _v_ kJtL1w4 /' T. Wr i1 t William g , AICP Deputy Planning Director enclosures cc: LeRoy & Eldean Jensen, Petitioners WTW:JJ 2 I SALT' R 0- TY�CORP�O °r� 1I,Q ROGER F. CUTLER ....-.:r«a c-r.._.�. vim..es&.ate �A.esaa d.�.r..eic-d ASSISTANT ATTORNEYS CITY ATTORNEY RAY L. MONTGOMERY STEVEN W. ALLRED LAW DEPARTMENT GREG R. HAWKINS LARRY V. SPENDLOVE DEPUTY CITY ATTORNEY CITY AND COUNTY BUILDING BRUCE R. BAIRD 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 GLEN A. COOK JANICE L. FROST FAX (801) 535-7640 MARSHA ATKIN August 21, 1990 MEMORANDUM TO: Janice Jardine Planning Division FROM: Bruce R. Baird Assistant City Attorney • RE: Petition No. 400-828-90 I have reviewed the information which you have submitted concerning the above-referenced petition. It is apparent that the property addressed at 451, 453, 455 and 457 North 1200 West uses the alley as access to the rear of the building. It is also apparent that this property does not have any formal access rights from their rear area to the street through Lot 21 . Therefore, if the alley is closed this 4-plex might be able to argue that they have been deprived of reasonable access to the rear area. I note that there is no currently existing site access though you have informed me that it would be possible, at some expense and with some difficulty, to obtain access on either side of the property. Pursuant to recent court decisions, the City would have a risk of liability to the owner of this 4-plex if reasonable access to the property were cut off. I note that there is no parking apparent from the photograph other than in the rear area. Janice Jardine August 21, 1990 Page -2- Accordingly, it would be our recommendation that the alley not be closed so as to block access to this property without other provision for access such as an easement through Lot 21 . If you have any questions please call. BRB:rc RECEIVED• E DAIS T r A,\ a, nityrasfe,tY rIOi j ALLEN C. JOHNSON, AICP PLANNING AND ZONING PLANNING DIRECTOR COMMISSION MEMBERS: WILLIAM T. WRIGHT, AICP COMMUNITY AND ECONOMIC DEVELOPMENT RALPH BECKER DEPUTY DIRECTOR PLANNING DIVISION DAN BETHEL SUPERVISOR LONG RANGE PLANNING Planning and Zoning Commission CINDY CROMER AND URBAN DESIGN THOMAS A. ELLISON SANDRA MARLER 451 SOUTH STATE STREET LAVONE LIDDLE-GAMONAL SECRETARY ROOM 406, CITY AND COUNTY BUILDING RICHARD J. HOWARALPH P. NEILSON SALT LAKE CITY, UTAH 84111 GEORGE NICOLATUS TELEPHONE 535-7757 JOHN M. SCHUMANN MEMORANDUM DATE : August 15, 1990 TO: Bruce Baird Assistant City Attorney FROM: Janice Jardine Planning RE: Petition 400-828 - Jensen alley vacation request After speaking with you yesterday concerning the above referenced petition I spoke with Mr. LeRoy Jensen, the petitioner, and passed on your information that it was questionable legally for the City to vacate the alley when a property needs access from the alley to the required off-street parking and that property owner does not agree to the vacation request. Mr . Jensen still wants a hearing before the City Council to present his information which is understandable. However, I would appreciate a "formal" or "official" opinion from the attorneys office before I prepare the Planning division transmittal. I have attached a copy of the petition and a map with the property which needs access highlighted in pink, if you need additional information please call. • • 8t4U A ,� 6 iyyo LINDA HAMILTON S' ' ,r \ 4 CZTY(CU�R�P© , IONj 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 August 14, 1990 TO: Janice Jardine Planning FROM: Linda Cordova °C C -- Property Manager REF: PETITION NO. 400-828, ALLEY VACATION REQUEST AT 1200 WEST/OAKLEY AND 400 NORTH/500 NORTH. From our observation of the area, it appears that two of the abutting pro- perties would lose parking access by way of the alley. One of the owners to a single family residence signed the petition that you provided. However, it does appear that they would lose off-street parking. The owner of the 4-plex did not sign the petition and it appears he was reluctant to do so from the note on the list. This is the property which appears would be negatively impacted by losing its access to off-street parking around the back of the property. Based on this observation, it would be our opinion that the entire alley could not be vacated. It is my understanding that if any one property loses access, the alley cannot be vacated. However, if this one concern is addressed and is not an issue or problem, Property Management would not object to the alley vacation. LC/mt <Letters.l.>Jardine.#400-82.Alleyvac jr SALT'LAKE-a GIIN CORPORATION; JOSEPH R. ANDERSON TIMOTHY P. HARPST, P.E. PUBLIC WORKS DIRECTOR CITY TRANSPORTATION ENGINEER TRANSPORTATION ENGINEERING 333 SOUTH 200 EAST, SUITE 201 SALT LAKE CITY, UTAH 84111 TELEPHONE (801) 535-6630 July 27 , 1990 Janice Jardine Planning & Zoning Room 406 - City Hall RE: Petition #400-828 - Alley Vacation - 1200 West/Oakley between 400 North and 500 North Dear Janice: The Division of Transportation' s site review comments and recommendations are for approval of the proposed full alley vacation from 400 to 500 North Streets subject to the following : 1) Provide curb, gutter and sidewalk improvements along the 16 ft. plus frontages of 400 and 500 North to match the existing street improvements and remove the driveway appearance as required at the expense of the petitioners. 2) All abutting property owners affected by the vacation shall sign an agreement to vacate. Lots 013 and 019 do not seem to have vehicular access from the street frontage and lot 019 has not signed the petition. 3 ) All utilities and utility easements shall remain as required and approved by the entity concerned. Sincerely, j-1,..-(?-7(r. -lit' • Scott R. Vaterlaus Traffic Engineer I BDW/lh cc: Jerry Blair Barry Walsh File • 406' 0 6 iyyi, C T.eTn� i PALMER DEPAULIS SALT:'LAKE��)GITY� ; RP g `. iIONi MAX G. PETERSON, P.E. MAYOR a._zn;A wrc►.cr�d OW r✓ tiP�►va.N.�9 CITY ENGINEER DEPARTMENT OF PUBLIC WORKS City Engineering Division 444 SOUTH STATE STREET SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7961 TO: JANICE JARDINE PLANNING FROM: HARRY EWING / ENGINEERING DATE: AUGUST 2, 1990 SUBJECT: PETITION 400-828 ALLEY VACATION REQUEST This department has reviewed Petition 400-828 requesting the City vacate an alley located between 1200 West and Oakley Street and 400 to 500 North Street. Vacating this alley would not have any affect or impact on this department, therefore we recommend approval of this petition. HE:cp cc: Vault • SALT LAKE CITY PLANNING DIVISION DATE: July 18, 1990 TO: Blaine Collins Fire FROM: Janice Jardine Planning RE: Petition 400-828 - Alley Vacation Request 1200 West/Oakley and 400 North/500 North Please review the attached petition requesting Salt Lake City to vacate an alley located between 1200 West and Oakley Street and 400 North to 500 North. I would appreciate receiving your written comments by July 28, 1990. A c'J I .- N9 c —771 ,Cr�/:l i /7: /C — .�, • LEROY W. HOOTON, JR. DIRECTOR WENDELL E. EVENSEN, P.E. SAW ALA r \ �GZT�Y�OURPMk)A 4Q'N SUPERINTENDENT �sv.. � d �_�wa," 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 8 1530 SOUTH WEST TEMPLE ACCOUNTING OFFICER SALT LAKE CITY, UTAH 84115 GEORGE JORGENSEN, P.E. CHIEF ENGINEER TO: JANICE JARDINE PLANNING & ZONING FROM: E. T. DOXEY WATER RECLAMATION SUPERINTENDENT DATE: JULY 20, 1990 SUBJECT: PETITION NO. 400-828; ALLEY VACATION 1200 WEST/OAKLEY AND 400 NORTH 500 NORTH The Public Utilities Department has reviewed the above noted petition and has no objections to the Petitioner ' s request. There are no water or sewer conflicts. If you have further questions regarding this matter, please feel free to call Mr. Ray Eastman at 483-6787. /kg FORMS cc: File i RESIDENTIAL ALLEY VACATION RE = APPLICATION REQURII i'S Date: 7 / / / 9. Petitioner's Name: A £,o y "/5? E(_ r_" 4 Ai Petitioner's Address: LNI A/9/2ThI 107 00 W L S 7 Zip F' (//6 Petitioner's Phone: S - 6 9sy _ Property Owner's Name (if different from above) : 1 Property Address (if different from above) : Zip Please submit the following information with this application: Identify the reasons why the alley should be vacated. 2. Submit with this application signatures of the abutting property owners who support this alley vacation request. J3. A legal description of the alley vacation area. ✓'4. A copy of the appropriate Salt Lake County Ownership Map ("Sidwell") including aerial photo and property line overlay. Outline on this map the alley or segment of alley requested to be vacated with a ' colored marker. Indicate on the "Sidwell" map with a colored dot those properties supporting this request. These maps are available --. from the Salt Lake County Recorder, Room N1600, 2001 South State Strcct, Salt Lake City, Utah 84190-1051, Phone: (801) 468-3391. WHERE TO FILE Salt Lake City Department of Community and Economic Development Room 418 City and'County Building 451 South State Street Salt Lake City, Utah 84111 Phone: (801) 535-7777 FILING FEE The filing fee will be waived if 800 of the abutting property owners sign the petition. SIGNATURE OF I FI ITI I• i� �! �iUFIJ-� - DAB 7- / - 9 '()4.:c c Lk) H '1 • H f4 i= t/ i-IC)c) 17 1 cos ! /ILL p; v /4) /'L14Cxr i` -:TDv!=rLl ! ;= TC >>>1l i, /4 ,U O j):2i 1AJLI . . A L L.F P k J i)i r_ A 10 i=0 i /4 na kit 7 ' U t?i / L i_L c Pj'O \// i_> to I= r1 '1 C= , ( ' I l r4'L✓L.S v Al S A CL'Ci C;f3 5 -re) i3 r r-f .". `/(2 K2': • .5 , J L L 1) V.1 _ LJJ A TO , i= S C A (9 ALL C- L11 ��� �= '`' `. - ( f!- F)PD /3446LV i , 1 L LL .ti: t_t? t y Tr-1 i 1:-- v S T c 0 74 SI /. ) 1 ;' y rev j . • Page #1 April 16 , 1990 We the undersigned property owners hereby request the closure of the alley in the block 1200 West to Oakley Street and 400 North to 500 North. 403 North 1200 West .,..<7--,; ;. -,.... i;,,,,,,/' ,....,7/, , •-: 4, ..; c,;',? ,l1P.t.',7? 7.?,.--7z,_/•,/, -.../,':.-,:- r. . .-if."././/:,....'j /.- /,- ---- 409 North 1200 West ‘.. / • '7- --.7_.. /. 1 • - . 3 -, __-- -,-- . "Trt ...--.-*"....'---- , ,:l.-.•'..i:. L -/- .) •---/ ,:, - -. -/„. -i/ : ----4--,-"'-' .." .',5 '-"/ - • ' -- 415 North 1200 West .J ,---,-, , .. ,••• I '( / --. -3-----.- ..1.---,-, '' .,--s•L.• i,--e:----" • , ,...., • ...• . if!..-'""/. 421 North 1200 West -';';,.../i;A /V I .../ (). . 427 North 1200 West ..:.-c 3'"'II" -C-'- .-;' - ".'. :_ , . _...........---' 435 North 1200 West (-r) ' , __) . ..,,, ) /". ;--'---:-7.-t-1,.._.-..i--- ,_,,,,. • -.6.,:,/ .."5 _--,--v -'--5 6 .. /2 L...:.:7-7 , - .7 C... 171-..• (C.,(' . -- '..•1:--?.../LC-, ii 441 North 1200 West / • t.'. 1 -- .,•:"1 . ('-'2.1 ';->"--/ /1/ ,,_ - ----..-_, 7 - Ls- ` 1 •'' ,1"-/ , ----7<,( ?'.---- — , ''4'/ ,-, .•'f....c....,---,.--- /2,. ;:/". )k— --.1 . P.-. ""/.1.- — 'IL,. -, --/ • ,.:..,€ 1.11---.1.e...C.. A,(i.. I. Al t " • . a- .(,.,4„.. Page 12 447 North 1200 West c " ,, , • • /- 9 .--1)( q --/ ;3 .;') • - , - , - • (.(:.7-1.0:.1.c., „fy./..(-..4„). i fi i- f (1 --, . --N 11 .----1-, r n !./- ---— ,...c))1 cf_ysL _ _ , : k./1- Lci)9 (/ 451 North 1200 West \ \ 453 North 1200 West 455 North 1200 West •. s. 457 North 1200 West ...-. E (try, 465 North 1200 West 473 North 1200 Westc_(----"— ) '1 • I. L .J•.) )-y .--/i_2.--(...Z...,--_12., _.,t 479 North 1200 Weit fl 2-0914- 6-676i/Y1 - ,4,0 - • r I ':"- /6. . 69 7 pe:- ...l_ • - ., --7--."...1-- ----64--"' — ., -' t,./ C 6.'14- 1:?(1ek, r o-)...,.(1141,0- 485 North 1200 West , --1 , ( (../... i / / 1)cs u, ''..).-51 - _ i .--"C> • II .1).7 .- _-L__ ,_..... "'.. Page #2 447 North 1200 West <;"/ r J _ ;;, CJ t(2 CI ad ,/��C ,(^,ram ,_UY'L rkt Z C-I_ -ti-C LA) !'_ 451 North 1200 West I 1 ,+ 453 North 1200 West 455 North 1200 West 457 North 1200 West �' NorthWest - /r 62t/(L vL'YY'I. 3 �t1� ,� 465 1200 �, G`ZC.��. -�, � �� L Y cJ 473 North 1200 West - � .� / `.,G�2 02.C—C'/- G 3- �/% l� ac„...,,,..,,,_ , (:))/5---)---y....r--&-te., 479 North 1200 West eV/ �=—� ri ir 151 LOW-J•M' r -0- --- CCIA (-. 485 North 1200 West Cm ‹oo_LA - 3--5--] - 14qi-i- O'k.-'i/Wdi:'"Zl • Page #3 ( 500 North 1233 West 4----' ), ? r/ CJ 406 North Oakley Street ( /r1c f ,44 .'"t.11 `-� � �L )'�G`- G J 410 North Oakley Street , ,• / / — / r L �- .:%. /•7 / i` 420 North OakleyStreet -/ t. iYtG� �✓ / / �(j L. i ..8-2- �• i4... 1<"�` �__�'i.i7---- .-u- - -... T_ / (r) 430 North Oakley Street 7 I. /'r •/I �,� ` : -te�4- - `:� f'�, t l.t &•it L 14,)t*1 - 436 North Oakley Street 77 r'i' ,/ ./-A' =°;`_-9- `�•-•� 1 • 444 North Oakley Street ', ' f I . _�,/ 1! (' r ', • LQ.,._,Ao,.�- /7- I�LGZ'_r.Y.=�Y:*_ Vim%`,%-t••:9 = C_ L-.J {w\. )(I' L.e. C.(c...17.l... r`(•_. 452 North Oakley Street `•�c.k./q�'." ' %-'"; ic�(-'4 456 North Oakley Street I {� (Aji 1 j 1-`t.; -'-:?,'V,t _ r,( T, ,(is. / , -. /� I. f ,_ '',_.ti,'''t.t�-�2.. Z LAJJJ.Lk. Page #4 464 North Oakley Street / CkLft - 466 North Oakley Street /. ",/,:r • 4 ,• I. ;---4-'-e• co(11;11(zi,.--P" 468 North Oakley Street -- #11-44r r e - 480 North Oakley Street j . . • L- Page #5 500 North 1233 I 485 480 479 { 468 473 • 466 465 1_ 457 455 • 464 453 451 ti:) 456 447 452 ;` 441 �. 444 �. 435 436 427 430 421 420 415 • 410 409 • 406 i 403 400 North Updzt / � _ SALT LAKE CITY ORDINANCE No. of 1990 (Vacating a portion of an alley between 1200 West and Oakley and 400 North to 500 North, pursuant to Petition No. 400-828-90 AN ORDINANCE VACATING A PORTION OF AN ALLEY BETWEEN 1200 WEST AND OAKLEY AND 400 NORTH TO 500 NORTH, PURSUANT TO PETITION NO. 400-828-90. 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 alley between 1200 West and Oakley and 400 North to 500 North, which is the subject of Petition No. 400-828-90, 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: ii Beginning at the Southwest corner of Lot 1, P Oakley Subdivision, a subdivision within the �2,,,-) �j4" , corporate limits of Salt Lake City; thence ,�j1✓ � 1 North 426 feet more or less to the Southwest f J corner of Lot 18, Oakley Subdivision; thence West 16. 25 feet to the Southeast corner of Lot 41, Oakley Subdivision; thence South 426 feet more or less to the Southeast corner of Lot 58, Oakley Subdivision; thence East 16.25 feet to the point of beginning. SECTION 2. RESERVATIONS AND DISCLAIMERS. The above vacation is expressly made SUBJECT TO all existing rights-of-way and easements of all public utilities of any and every description now located on and under or over the confines of the property and also SUBJECT TO the rights of entry thereon for the purposes of maintaining, altering, repairing, removing or rerouting said utilities, including the City' s water and sewer facilities, and all of them. Said vacation is also SUBJECT TO any existing rights-of-way or easements of private third parties. SECTION 3. EFFECTIVE DATE. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990. CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s action: Approved Vetoed. MAYOR -2- ATTEST: CITY RECORDER (SEAL) BILL NO. OF 1990. Published: BRB:rc 12/11/90 -3- SALT LAKE CITY ORDINANCE No. OF 1990 (Amending the Budget of Salt Lake City, Utah) AN ORDINANCE AMENDING SALT LAKE CITY ORDINANCE NO. 69 OF 1990 WHICH APPROVED, RATIFIED AND FINALIZED THE BUDGET OF SALT LAKE CITY, UTAH, FOR THE FISCAL YEAR BEGINNING JULY 1, 1990 AND ENDING JUNE 30, 1991 . PREAMBLE On August 9 , 1990, the Salt Lake City Council approved, ratified and finalized the budget of Salt Lake City, Utah, which was adopted on June 12, 1990, for the fiscal year beginning July 1, 1990 and ending June 30, 1991 , in accordance with the requirements of Section 118 , Chapter 6 , Title 10 , of the Utah Code Annotated, and said budget was approved by the Mayor of Salt Lake City, Utah. The Director of Finance, acting as the City' s Budget Officer, prepared and filed with the City Recorder proposed amendments to said duly adopted budget, copies of which are attached hereto, for consideration by the City Council and inspection by the public . The City Council fixed a time and place for a public hearing to be held on December 11, 1990 to consider the attached proposed amendments to the budget and ordered notice thereof be published as required by law. Notice of said public hearing to consider the amendments to said budget was duly published and a public hearing to consider the attached amendments to said budget was held on December 11 , 1990 in accordance with said notice at which hearing all interested parties for and against the budget amendment proposals were heard and all comments were duly considered by the City Council. All conditions precedent to amend said budget have been accomplished. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . Purpose. The purpose of this Ordinance is to amend the budget of Salt Lake City, Utah as approved, ratified and finalized by Salt Lake City Ordinance No. 69 of 1990 . SECTION 2 . Adoption of Amendments . The budget amendments attached hereto and made a part of this Ordinance be, and the same hereby are adopted and incorporated into the budget of Salt Lake City, Utah for the fiscal year beginning July 1, 1990 and ending June 30, 1991, in accordance with requirements of Section 128, Chapter 6 , Title 10, of the Utah Code Annotated. SECTION 3 . Certification to Utah State Auditor. The Director of the City' s Finance Department, acting as the City' s Budget Officer, is authorized and directed to certify and file a copy of said budget amendments with the Utah State Auditor. -2- SECTION 4 . Filing of Copies of the Budget Amendments . The said Budget Officer is authorized and directed to certify and file a copy of said budget amendments in the office of said Budget Officer and in the office of the City Recorder, which amendments shall be available for public inspection. SECTION 5 . Effective Date. This Ordinance shall take effect on its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: CITY RECORDER Approved by the Mayor this day of , 1990 . MAYOR ATTEST: AFFROVED AS TO FORM CITY RECORDER Salt Lake City Attorney's Office Date 11',30' D FMN:cc By -3- Li MIKE ZUHL s}-` r �> a��% �1��V � ��1�©N1 LEE KING INTERIM DIRECTOR DEPUN DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 418 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 MEMORANDUM TO: Cindy Gust-Jenson Executive Director �/� FROM: LuAnn Fawcett ;� Administrative Officer RE: Ordinance for Petition No. 400-863-90 DATE: November 29, 1990 The attached ordinance needs to be included in the packet of information you received for Petition No. 400-863 submitted by the Airport Hilton. The petitioners are requesting that the Salt Lake International Center liquor district be changed from its present Liquor District C classification to a Liquor District A and that certain streets be designated as major streets. The ordinance has been prepared and reviewed by the City Attorney's Office and is ready for Council action. The original ordinance will be forwarded to the City Recorder's Office. Please call me if you need additional information. cc: City Recorder Petition No. 400-863-90 SALT LAKE CITY ORDINANCE No. of 1990 ( Establishing liquor districts and major streets to change the Salt Lake International Center from District C to District A pursuant to Petition No. 400-863-90 ) AN ORDINANCE AMENDING OFFICIAL CITY MAP NO. 19372 ESTABLISHING CITY LIQUOR DISTRICTS AND MAJOR STREETS TO CHANGE THE DESIGNATION OF THE SALT LAKE CITY INTERNATIONAL CENTER FROM DISTRICT C TO DISTRICT A AND ADD CERTAIN MAJOR STREETS. WHEREAS, in response to Petition No. 400-863-90, the City Council of Salt Lake City, Utah, has held hearings before its own body and before the Planning Commission, and has taken into consideration citizen testimony, filings and demographic details of the area and the Master Plan as part of its deliberations. Pursuant to these deliberations, the City Council has concluded that the proposed change of the Salt Lake City International Center from Liquor District C to Liquor District A and the inclusion of Wiley Post Way, Amelia Earhart Drive, 5600 West, Wright Brothers Drive and Harold Gatty Drive as major streets on the map is appropriate for the development of the community in that area; NOW, THEREFORE, the City Council of Salt Lake City, Utah, hereby adopts the following amendment to Official City Map No. 19372. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That the Liquor District Map No. 19372, as specified in Section 6.08. 120( 2 ) , be amended by including the Salt Lake City International Center in District A defined as follows : Westside frontage of 5600 West Street to the eastside frontage of Wright Brothers Drive and the northside frontage of Harold Gatty Drive to the north right-of- way line of Interstate 80 . Further, the Map is additionally amended to include Wiley Post Way, Amelia Earhart Drive, 5600 West, Wright Brothers Drive and Harold Gatty Drive as major streets on Map No. 19372 . SECTION 2 . EFFECTIVE DATE. This ordinance shall become effective on the date of its first publication. The City Recorder is instructed to make the above referenced changes on Official City Map No. 19372 which is on file in the office of the City Recorder. Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s action: Approved Vetoed. MAYOR -2- ATTEST: CITY RECORDER ( SEAL) BILL NO. OF 1990. Published: BRB:rc 11-28-90 -3-