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12/12/1989 - Minutes PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CI, UTAH TUESDAY, DECEMBER 12, 1989 The City Council of Salt Lake City, Utah, met as the Committee of the Whole on Tuesday, December 12, 1989, at 5:00 p.m. in Room 325, City County Building, 451 South State Street. The following Council Members were present: Florence Bittner Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Willie Stoler Sydney Fonnesbeck Council Chair Stoler presided at the meeting. Cindy Gust-Jenson, Council Councilmember-Elect Nancy Pace. Executive Director, reviewed the Ms. Gust-Jenson announced that as Council ' s calendar of events. She a result of the vote, Council- made note of the joint meeting of member Alan Hardman would be the the Redevelopment Agency Board and Chair-Elect and Councilmember- the Planning Commission on Thurs- Elect Nancy Pace would be the day, December 14, 1989. Vice-Chair-Elect of the Council for 1990. Ms. Gust-Jenson asked Reviewing the evening' s the Council for permission to agenda, she noted that the Council destroy the ballots. Permission would present a resolution to Pat was granted and the ballots were Smith who was retiring from the destroyed. Police Department. Councilmember Stoler would read the resolution Mike Chitwood of the Redevel- during the Opening Ceremonies opment Agency joined the Council segment of the meeting. at the table to provide a briefing of the agenda for the December The item relating to recre- 14th meeting. ational vehicles in side yards was on the agenda to be referred to The briefing session was then Committee of the Whole for discus- concluded in preparation for the sion. regular Council session. Item F-4, regarding the Landmark Hotel IRB Escrow Exten- sion, was pulled from the agenda at their request. Elections for the Chair and Vice-Chair of the Council for the year 1990 were held. The votes were taken by written ballot, counted and announced by Ms. Gust- Jenson. For the Chair, there were three votes for Councilmember Roselyn Kirk and four votes for Councilmember Alan Hardman. For the Vice-Chair, there was one vote for Councilmember Roselyn Kirk, two votes for Councilmember Wayne Horrocks and four votes for 89-330 PROCE 1. INGS OF THE CITY COUNCIL OF SALT LAKE CITg, UTAH TUESDAY, DECEMBER 12, 1989 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, December 12, 1989, at 6:00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State Street. The following Council Members were present: Florence Bittner Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Willie Stoler Sydney Fonnesbeck Mayor Palmer DePaulis, Roger Cutler, City Attorney, Kathryn Marshall, City Recorder, and Lynda Domino, Chief Deputy City Recorder, were present. Council Chair Stoler presided at and conducted the meeting. OPENING CEREMONIES ence in the safety of the communi- ty. Ms. Waters presented Detective #1. The invocation was given Smith with a dozen roses and a by Police Chaplain Ferdinand plaque. Johnson. Detective Smith said Salt #2. The Council led the Lake City was a good place to be Pledge of Allegiance. and said if she could do anything to make it better she would. #3. Councilmember Godfrey moved and Councilmember Kirk Councilmember Kirk moved and seconded to approve the minutes of Councilmember Hardman seconded to the Salt Lake City Council for the adopt Resolution 136 of 1989, regular meeting held Tuesday, which motion carried, all members December 5, 1989, which motion voted aye. carried, all members voted aye. (R 89-1) (M 89-1 ) COMMENTS #4. The Council presented a Resolution of Appreciation to #1. Councilmember Kirk Detective Pat Smith of the Salt acknowledged Councilmember Fonnes- Lake City Police Department who beck who was the last original was retiring after 25 years of member of the City Council. She service. Councilmember Stoler said Councilmember Fonnesbeck had read the resolution which thanked been a member of the Salt Lake her for years of sensitive and City Council for 10 years and she compassionate service. He then thought Mrs. Fonnesbeck epito- presented the resolution to Detec- mized the City Council. She said tive Smith. Mrs. Fonnesbeck' s 10 years of service said a lot about her Christine Waters from the strength of character and Mrs. Rape Crisis Center said Detective Kirk expressed her appreciation Smith had worked with over 3, 000 for what Mrs. Fonnesbeck had done victims of sex crimes. She had for the city and for Mrs. Kirk treated rape victims sensitively personally. and had made a significant differ- 89-331 PROCEOLGS OF THE CITY COUNCIL OF SALT LAKE CITE, UTAH TUESDAY, DECEMBER 12, 1989 #2. Councilmember Stoler said ACTION: Councilmember Hitt- he had enjoyed his 40 years of ner moved and Councilmember Hor- service with Salt Lake City and rocks seconded to suspend the had enjoyed meeting many people. rules and on first reading adopt He said he owed the people of Salt Resolution 137 of 1989 authorizing Lake a debt of gratitude and he the execution of an interlocal thanked them for allowing him to cooperation agreement between Salt serve. He congratulated the Lake City Corporation and the newly elected Council Members. Metropolitan Water District of Salt Lake City for the construc- #3. Craig Jorgensen, 11446 tion of three segments of pipeline Willow View Way, addressed the within the Northwest Quadrant, issue of Salt Lake City's Sister which motion carried, all members City in the U.S.S.R. He said he voted aye. was upset that the Council did not get all the facts before they DISCUSSION: Councilmember passed the resolution. He pre- Bittner congratulated the public sented his opinions about the utilities department and LeRoy U.S.S.R. Hooton, Director of Public Utili- ties. She said constructing the #4. Vicki Jorgensen, 11446 pipeline in the Northwest Quadrant Willow View Way, addressed the was one of the most significant issue of Salt Lake City's Sister things the city had done in a long City in the U.S.S.R. She ex- time. She complemented the de- pressed her opposition to this partment for good management, sister city and expressed her planning and foresight and said opinions about the U.S.S.R. installing these major lines would open up an area for development CONSENT AGENDA equal in size to the current geographical area of Salt Lake Councilmember Hardman moved City. She said this was an and Councilmember Godfrey second- outstanding accomplishment. Coun- ed to approve the consent agenda, cilmember Horrocks concurred. which motion carried, all members (C 89-671) voted aye except Councilmember Fonnesbeck who was absent for the #2. RE: An interlocal co- vote. operation agreement for the ex- change of the Little Cottonwood #1. RE: Setting a date to Well and the Richards Ditch Well hold a public hearing on January and 2, 000 acre feet of the water 2, 1990, at 6:20 p.m. to receive rights therein. public comment and consider adopt- ing an ordinance amending Section ACTION: Councilmember God- 21 . 74. 140, Salt Lake City Code, frey moved and Councilmember Kirk adding two houses as city landmark seconded to suspend the rules and sites. on first reading adopt Resolution (L 89-1) 138 of 1989 authorizing the execu- tion of the interlocal coopera- NEW COUNCIL BUSINESS --- - - - - tion agreement betweenSalt -Lake - - City Corporation and the Metropol- #1. Re: An interlocal agree- itan Water District of Salt Lake ment for the construction of three City for exchange of the Little segments of pipeline in the North- Cottonwood Well and the Richards west Quadrant. Ditch Well and 2, 000 acre feet of 89-332 PROCEE INGS OF THE CITY COUNCIL OF SALT LAKE CIT , UTAH TUESDAY, DECEMBER 12, 1989 the water rights therein for water ACTION: Without objection rights of equal value, which Councilmember Stoler referred this motion carried, all members voted to the Committee of the Whole. aye. (0 89-34) (C 89-672) #2. RE: An ordinance re- #3. RE: An interlocal garding Petition 400-720 submitted agreement for the expansion of by Kevin Koncar requesting the Parley's Water Treatment Plant. property located at 2613 East 2325 South be rezoned from an "R-2" to ACTION: Councilmember God- a "B-3" classification. frey moved and Councilmember Horrocks seconded to suspend the ACTION: Councilmember Kirk rules and on first reading adopt moved and Councilmember Godfrey Resolution 139 of 1989 authorizing seconded to adopt Ordinance 74 of the execution of the interlocal 1989, which motion carried, all cooperation agreement between Salt members voted aye. Lake City Corporation and Metro- (P 89-351) politan Water District of Salt Lake City and Sandy City for the #3. RE: Industrial Develop- expansion of Parley' s Water Treat- ment Revenue Bonds for Compeq ment Plant, which motion carried, International Company, Ltd. all members voted aye. (C 89-670) ACTION: Councilmember God- frey moved and Councilmember Kirk #4. RE: An interlocal seconded to adopt Resolution 133 agreement fixing the boundary of 1989, subject to the Salt Lake between Salt Lake City and Sandy City Attorney' s approval, provid- City for water service areas and ing for the financing by Salt Lake future annexation. City, Utah, of a project consist- ing of a portion of the equipment ACTION: Councilmember Hor- and related property and improve- rocks moved and Councilmember ments for a manufacturing facility Hardman seconded to suspend the which will produce printed cir- rules and on first reading adopt cuit boards and electronic parts; Resolution 140 of 1989 authorizing providing for the execution by the execution of an interlocal Salt Lake City, Utah, of $1,000, - cooperation agreement between Salt 000 lease and sublease agreements Lake City Corporation and Sandy (Compeq International Company, City fixing the boundary between Ltd. Project) which will be pay- the two cities for water service able solely from revenues arising areas and future annexation, from payments of sublease lease which motion carried, all members installments by Compeq Interna- voted aye. tional Co. , Ltd. , its parent and (C 89-673) guarantor, or its letter of credit bank; authorizing the execution UNFINISHED COUNCIL BUSINESS and delivery of a lease-purchase agreement, a sublease agreement, #1. RE: An ordinance relat- an escrow agreement, closing ing to a proposed overlay zone to certificates and other related allow certain recreational vehi- documents; authorizing the assign- cles in the side yards of residen- ment of the lease documents to a tially zoned properties. purchaser thereof; and related matters, which motion carried, all 89-333 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CIZ"Z", UTAH TUESDAY, DECEMBER 12, 1989 members voted aye except Coun- Northwest and Glendale Intermedi- cilmember Hardman who abstained ate schools. from voting. ACTION: Councilmember God- DISCUSSION: Councilmember frey moved and Councilmember Hardman declared a conflict be- Hardman seconded to adopt Resolu- cause of his employment and so tion 135 of 1989 authorizing the abstained from voting. execution of an interlocal cooper- (Q 89-3) ation agreement between Salt Lake City Corporation and the Board of #4. RE: Industrial Develop- Education of Salt Lake City pro- ment Revenue Refunding Bonds, viding for the services of a full- Series 1989, for JTM Foothill time police officer for Northwest Village Project. and Glendale Intermediate schools in Salt Lake City, which motion ACTION: Councilmember God- carried, all members voted aye. frey moved and Councilmember Horrocks seconded to adopt Resolu- DISCUSSION: Councilmember tion 134 of 1989, subject to Fonnesbeck asked who would pay for approval by the Salt Lake City the cost of these police officers. Attorney, authorizing the issu- Police Chief Chabries said the ance of Salt Lake City, Utah, school board would pay 50% and the Industrial Development Revenue city would pay 50%. Refunding Bonds, Series 1989 (JTM (C 89-506) Foothill Village Project) in an initial principal amount not to #6. RE: Sixth Supplemental exceed $7, 500, 000; authorizing the Indenture relating to an escrow execution and delivery of a fi- extension for the $8, 800,000 Salt nancing agreement, an indenture, a Lake City, Utah, Industrial Devel- tax agreement, a bond purchase opment Revenue Bonds for Landmark agreement, an official statement Hotel - Airport Holiday Inn and such bonds and closing docu- Project. ments in connection therewith, which motion carried, all members ACTION: This item was pulled voted aye. from the agenda. (Q 86-18) DISCUSSION: Councilmember Kirk asked if the bonds were being PUBLIC HEARINGS refunded in order to receive a better interest rate. Dick Fox, #1. RE: A public hearing at bond counsel, said the refunding 6:20 p.m. to receive comment and was for a better interest rate and consider adopting an ordinance maturity schedule. He said these rezoning the property located at bonds would not finance new con- 1307 South 900 West from Residen- struction. He also pointed out tial "R-2" to Business "B-3" ; and that the amount was $7,410,000. rezoning the property on the Councilmember Kirk asked when the northwest corner of 1300 South and original bonds were approved and 900 West from Business "B-3" to Mr. Fox said in 1984. Residential "R-2" , as initiated by (Q 84-18) the Planning Commission. #5. RE: An interlocal ACTION: Councilmember Hard- agreement for the services of a man moved and Councilmember full-time police officer for Godfrey seconded to close the 89-334 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 12, 1989 public hearing, which motion West, on which there was a single- carried, all members voted aye. family home, from "B-3" to "R-2" . He said the homes to the north Councilmember Fonnesbeck were identified in an architectur- moved and Councilmember Hardman al survey as having some signifi- seconded to rezone the property cance and the potential of being located at 1307 South 900 West classified as a historic district from Residential "R-2" to Business or a conservation area. He said "B-3" , with the publication of the the Planning Commission recommend- ordinance to be immediately after ed approving both rezonings. adoption and zoning to take effect upon publication, which motion Councilmember Fonnesbeck carried, all members voted aye. asked how this related to the master plan of the area. Mr. Councilmember Fonnesbeck Joyce said the 1972 West Side moved and Councilmember Hardman Master Plan identified the north- seconded to rezone the property on west corner as residential. He the northwest corner of 1300 South said the area being rezoned from and 900 West from Business "B-3" "R-2" to "B-3" had been identified to Residential "R-2" , with publi- as a transitional area. Council- cation of the ordinance to be in member Fonnesbeck asked if either 120 days after adoption, which request was in violation of the motion carried, all members voted master plan and Mr. Joyce said no. aye. Mel Ingersoll, 766 West 1300 DISCUSSION: Everett Joyce, South, asked if the rezoning would planning and zoning department extend from 1300 South to Califor- staff, outlined the area on a nia Avenue. Mr. Joyce pointed map. He said the "R-2" to "B-3" out the area on the map. Mr. rezoning was to allow for the Ingersoll said he endorsed the first phase of an office and change. parking expansion development proposed by the Ikers and addi- Nina Plant, 1250 South 900 tional phases would expand the West, said her property was the project to California Avenue. He northwest corner that the Council said when 900 West was widened, had been discussing. She said her the right of way came within a few house had been used as a commer- feet of the homes south of the cial enterprise in the past. It office building; one of the homes had been used for a nursing home, was abandoned and one was in an electronic business, and a substandard structural condition. construction/realty office. She He said one additional home in the said she purchased the property area was an isolated single-family with the intention at some point home but had no access on Califor- of putting in a business and nia Avenue. He said in terms of perhaps renting the garage. She future land uses in the area and said if the property was downzoned from a traffic standpoint, there to residential then the value should be no driveways off of would be lowered. She asked that California Avenue because of the her property retain the business curve. zoning and said she did not understand why the property should He said the Planning Commis- be downzoned. She reiterated that sion initiated rezoning the north- she purchased the property specif- west corner of 1300 South 900 ically for the business zoning. 89-335 PROCE NGS OF THE CITY COUNCIL OF SALT LAKE CI14, UTAH TUESDAY, DECEMBER 12, 1989 Councilmember Fonnesbeck Mr. Joyce reiterated that asked Mr. Joyce to respond to Ms. there were no records of business Plant' s comments. Mr. Joyce said licenses for the property in planning researched the business question. And he said in order license records and there had been for this property to be granted a no license issued for commercial commercial use, the owner would uses. He said the construction have to take out a building permit company' s request had been denied. and upgrade the- property. He said in 1986 a building permit was issued in order to put on a Councilmember Bittner said new roof and at that time the she remembered when there was a structure was identified as a nursing home on that property. family residence. He said if Ms. Councilmember Kirk asked why Ms. Plant ' s business qualified as a Plant was not notified of hearings home occupation then it could be regarding this issue. Mr. Joyce in any residential zone. He said Ms. Plant was a contract reiterated that there were no owner and the owner, BDL, was license records indicating that notified of the hearings. this property had been used for a business. Councilmember Fonnesbeck said in this case Ms. Plant purchased Thelma Iker, 498 North Hills the property knowing it was zoned Drive, requested that the two "B-3" but since she was not cur- rezonings be detached so her rently using it for a business, request would not be denied be- she would have no right to use the cause of the controversy on the property as commercial if it were other issue. rezoned. Ralph Plescia, 1048 West Bill Wright, deputy planning California Avenue, said in his director, said the property owner opinion it appeared that planning had been notified about both wanted to keep the business dis- Planning Commission meetings. He trict to a certain size so they reiterated that the architectural were downzoning the existing "B-3" study had identified the row of corner in order to rezone the homes from Jordan Park to the other parcel from "R-2" to "B-3" . northwest corner of 1300 South He also said he didn't agree that 900 West as being significant and the business district should go he said the Planning Commission all the way to the corner of wanted to initiate the rezoning California Avenue because of the on the corner in order to comply school in the area. He said he with the master plan. He said thought this would cause traffic research found no evidence of problems and he suggested lowering business license activity for this the speed limit. He confirmed property and the construction that there had been a rest home business may have occupied the and a contractor operating at one property but they were denied a time on the northwest corner (Ms. license because of the location. Plant ' s property) . He said there had been various businesses wheth- He said the Planning Commis- er the records showed them or not. sion' s objective was not to take He also said that Ms. Plant had away property rights but to have not been notified of the public conformity between the master hearings. plan and the zoning. He also said 89-336 PROCE)INGS OF THE CITY COUNCIL OF SALT LAKE CI, UTAH TUESDAY, DECEMBER 12, 1989 the planning staff had communicat- code. He said it was possible ed with Ms. Plant regarding this that in order to operate a busi- issue and he said it was difficult ness Ms. Plant would have to make notifying owners of contract changes to the structure. property because there was no way of knowing who owned it. He said Councilmember Fonnesbeck said planning staff members had also she didn' t see an objection to notified Ms. Plant that if she what Ms. Plant wanted to do but desired a business at that loca- suggested the danger in leaving tion then she should submit an the property zoned "B-3" was that application and get a license in the house would be demolished. order to establish the nonconform- She asked what kind of opportunity ing right. He said to date the the city could give Ms. Plant to records showed that Ms. Plant had take advantage of the "B-3" zoning not requested a license. and then downzone the property. Mr. Wright said the best way to Councilmember Fonnesbeck handle this situation would be to asked what uses were on the other delay publication of the ordinance corners. Mr. Wright said there and have Ms. Plant commit to were commercial businesses, a pursuing a business license. He convenience store and auto ser- said this would give her the vice. Councilmember Fonnesbeck nonconforming status she would asked about the impact if the need. In regards to parking, Mr. northwest corner remained zoned Wright said he thought adequate "B-3" . Mr. Wright said the parking could be provided and he residential structure could be reiterated that the issue was the removed and planning tried to interior of the building. strive for conformity and balance regarding issues of business Councilmember Hardman asked development and preservation of about the zoning on either side of housing. Ms. Plant 's property. Mr. Wright said the zoning was "R-2" . Mr. Councilmember Kirk asked Hardman also asked what criteria Councilmember Horrocks his recom- were used to establish the noncon- mendation since this property was forming use. Mr. Joyce said a in his area. Mr. Horrocks sug- residential structure required a gested delaying publication of business license and a permit to the ordinance in order to allow change the use of the structure. Ms. Plant time to obtain a busi- ness license. He also said he Mayor DePaulis asked how much wanted to maintain the decorum of it cost to apply for the business the neighborhood since most of the license. Mr. Wright said he homes had a historical impact. thought it was about $35.00, although he wasn't certain he said Councilmember Fonnesbeck the fee was fairly nominal. asked about the procedure for obtaining a business license. Mr. Councilmember Horrocks sug- Wright said there was about a 30- gested separating the two zoning day review process by city depart- issues and giving Ms. Plant 90 ments. Mrs. Fonnesbeck asked if days to obtain a business license there was any reason why Ms. Plant and make the necessary alterations would not be able to obtain a to the building. He said he license. Mr. Wright said the didn' t want to see the house major issue would be the building altered from the outside yet he 89-337 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CI, UTAH TUESDAY, DECEMBER 12, 1989 wanted Ms. Plant to have the #3. RE: A public hearing at chance to pursue her business. 6:40 p.m. to receive comment and Mr. Wright said the more time consider adopting an ordinance available would be better for the closing a portion and vacating a property owner to go through portion of an alley adjacent to process. He recommended separat- 2185 South 900 East pursuant to ing the two zoning issues since Petition No. 400-756 by Ricks and the Ikers had been going through Brown Architects. the process for almost a year. He said they were ready to proceed ACTION: Councilmember Kirk with their development. He said moved and Councilmember Godfrey the area they were going to rede- seconded to close the public velop needed the improvement and hearing, which motion carried, all he said planning felt confident members voted aye except Council- that they could control the traf- member Bittner who abstained from fic/pedestrian conflict issues voting. since Salt Lake City owned a corner parcel. Councilmember Stoler moved and Councilmember Horrocks second- Mayor DePaulis suggested ed to close the west half of the perhaps 90 days was not long alley with a provision that it be enough because of the holidays. sold to abutting businesses as He suggested allowing four months. they desire to acquire it at fair (P 89-174) market value and vacate the east half of the alley and arrange for #2. RE: A public hearing at title to be transferred by quit 6 :30 p.m. to receive comment and claim deed to the abutting resi- consider adopting an ordinance dential owners, with the proviso electing to participate in the that six feet on the north end of Public Safety Non-Contributory the alley (the full width) be Retirement System. subject to a condition that the owner not build a structure which ACTION: Councilmember Kirk would interfere with use of the moved and Councilmember Godfrey six feet for ingress and egress, seconded to close the public which motion carried, all members hearing, which motion carried, all voted aye except Councilmember members voted aye except Council- Bittner who abstained from voting. members Horrocks and Hardman who were absent for the vote. DISCUSSION: Everett Joyce, planning department staff, out- Councilmember Kirk moved and lined the area on a map and point- Councilmember Godfrey seconded to ed out that the block contained a adopt Ordinance 75 of 1989, which "T" alley. He said the alley in motion carried, all members voted question, which ran north and aye except Councilmembers Horrocks south, was a 20-foot wide, 221- and Hardman who were absent for foot long dead-end alley. He said the vote the petitioner, Printers Inc. , had hard-surfaced the alley behind DISCUSSION: There was no their property but the remainder staff presentation regarding this of the alley was in a condition of issue and there were no public overgrowth and was not used. He comments. said he sent letters to the (G 89-20) property owners regarding the closure of the alley and said the 89-338 PROCEk INGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 12, 1989 property owner at the northeast if Mr. McMillan could work out an corner did not respond, four agreement with the petitioner for property owners supported the the right of way. Mr. Joyce said petition and one property owner according to the zoning ordinance supported closure but said he this area would need to be land- used the commercial property to scaped. He said if there was no the south of the petitioner for fence, Mr. McMillan could have an access (the proposed alley closure additional three-foot access out would not affect his access) . Mr. to the curb which would give him a Joyce said the planning staff total of 19 feet to back out of recommended closure of the alley his driveway. with the west half of the proper- ty being closed and sold to the Councilmember Godfrey sug- businesses and the east half being gested that the planning staff vacated and given to the residenc- measure the area to determine if es. Mr. McMillan could get out. He said others abutting the alley had Alex McMillan, 922 Elm Ave- the same amount of space and did nue, said his property abutted not use the south alley as extra the east/west portion of the "T" backing space. alley and in order to get his car out of his carport, he had to back Mr. McMillan said there was a at least a car length into the telephone pole which interfered south alley. He expressed his with backing out of his driveway concern that he would not be able and that was why he used a portion to get his car out if the alley of the south alley. Councilmember was closed. Fonnesbeck suggested closing the alley but leaving three feet open Mr. Joyce said the petition- in order to solve the problem. er was trying to improve his property and intended to provide DeLane Hutcheon, 2198 Lincoln additional parking in order to Street, asked what Printers Inc. eliminate some of the problems planned to do with the property. with their off-street parking. He said the ten-foot portion to be Wayne Ricks, petitioner, said closed that abutted Printers Inc. , Printers Inc. planned to put a 20- would be required as open space so foot addition on the back of their there would not be any structures building to facilitate new equip- although they could fence the ment. He said they would land- property. scape the 10-foot area as re- quired and he believed that the Councilmember Fonnesbeck congestion in the alley would be asked if Mr. McMillan would be alleviated because of the building able to get his car out of his expansion. driveway if the Council closed the alley. Councilmember Hardman said Councilmember Fonnesbeck he thought Mr. McMillan would be asked Mr. Hutcheon if he opposed able to get his car out and said the expansion of the building. he thought Mr. McMillan had en- Mr. Hutcheon said he didn't but joyed a convenience that the other said his concern was that Mr. property owners abutting the alley McMillan would be able to get out had not, of his driveway. Councilmember Bittner asked 89-339 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 12, 1989 Councilmember Fonnesbeck Mr. Hutcheon asked what would asked the petitioner if the print- happen if the alley was closed and ing company would let Mr. McMillan the abutting businesses did not have access to three feet of the want to purchase their half. Mr. property. Mr. Ricks said he Cutler said the city could not thought Printers Inc. would work require the businesses to purchase with Mr. McMillan. the alley so the property would remain in city ownership although Roger Cutler, city attorney, it would be closed to public said to insure that the petitioner access. Mr. Hutcheon expressed did not install a fence, the his concern that the condition of Council should direct his office the alley would not change if the of their intent to leave the area businesses didn't purchase the open for use. He said his office alley. could then impose a condition that the petitioner would meet the Mr. Joyce said he had con- landscaping requirements but tacted the businesses and even leave the area open. though they might not have an interest in purchasing the proper- Morna Winkleman, 932 East Elm ty right now, in the future their Avenue, said the alley between Elm parcel of the alley would benefit Avenue, 900 East and Lincoln development plans since new con- Avenue was a hazard. She said if struction would require a 10-foot the city closed the alley and the setback. petitioner added a building then the problem would become worse. Councilmember Bittner dis- She said large trucks parked in qualified herself from voting on the alley and people couldn't get this issue since she was the through. She said the company property owner of record for the needed a loading dock. property owned by Printers Inc. Mr. Ricks said currently Councilmember Stoler passed there was a problem with servicing the duty of Chair to Vice Chair and delivery of materials. He Hardman so Mr. Stoler could make a said the new addition would be set motion. back so docking and loading acces- sibility off the existing alley In regards to Mr. McMillan's would alleviate congestion. He problem, Mr. Cutler said the said Printers Inc. proposed a 20- Council could grant a right of way foot extension to the existing or prohibit the petitioner from building, part of which would be a building structures which would docking facility. He said the inhibit the backing space. He additional 10 feet for landscaping said if the Council granted a would separate the commercial and right of way it would become a residential uses and said he was property right even after the use under the impression from Print- was no longer necessary. He also ers Inc. that they were interested mentioned it wasn' t good policy to in purchasing the additional alley combine closing and vacating the from the residential owners. same alley because of the poten- tial checkerboard ownership the Councilmember Stoler said city would retain. this proposal would clean up the alley and would resolve traffic After the motion was made and congestion problems. voted upon, Council Vice Chair 89-340 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CITY", UTAH TUESDAY, DECEMBER 12, 1989 Hardman relinquished the duty of ment of the responsibility to Chair back to Councilmember determine the actual cost of each Stoler. call, which was a complicated (P 89-379) process. He said $50.00 was an acceptable fee for most of the #4. RE: A public hearing at special security agreements. He 6: 50 p.m. to receive comment and said if there were injuries or consider adopting an ordinance large numbers of officers in- amending Title 11 of the Salt Lake volved, the cost could raise City Code, 1988, by adding a significantly. But those situa- Chapter 12 relating to parties, tions would be the exception and gatherings and events. not the rule. ACTION: Councilmember God- Councilmember Bitter said frey moved and Councilmember Kirk each time a police officer issued seconded to close the public a citation there was an opportuni- hearing, which motion carried, all ty for the reduction. She sug- members voted aye. gested that on the first call the amount be reduced but subsequent Councilmember Godfrey moved citations for the same gathering and Councilmember Hardman seconded not be reduced. Councilmember to adopt Ordinance 76 of 1989, Horrocks concurred that people with the amended wording, which would take the citation more motion carried, all members voted seriously if after the second time aye. the amount was not reduced. DISCUSSION: Councilmember Mr. Cutler said the ordinance Godfrey asked why the amount of was broad enough to assess a the fine would be reduced if paid citation for the actual cost and or appealed within 10 days. Major he said as a practical matter if O.J. Peck, Salt Lake City Police the police went to the same gath- Department, said this was an ering more than twice, the party incentive for people to take care would be terminated and there of the ticket. He said the penal- would probably be an arrest. ty would be greater if people waited. Councilmember Fonnesbeck asked about safeguards against Roger Cutler, city attorney, harassment by the calling party said the large sum would act as a and asked if the police officer deterrent and the reduced fee was had the discretionary right to to cover costs and induce early determine if the call was harass- payment since it cost the city ment. Major Peck said as part of money to try a collect fines. police policy, on a second call a supervisor would be called to add Councilmember Kirk said she his/her . discretion to the deci- thought the city would only charge sion. He also said there would be people the cost of enforcement. training for police officers Mr. Cutler said if people paid regarding this new ordinance and $50.00 the city would recoup a there was an appeal process for substantial portion of the costs those who were issued citations. and would induce compliance and • impress on the public the cost of Mr. Cutler said that usually police service. Mr. Peck said it police knew they would be ques- also relieved the police depart- tioned by the prosecutor so they 89-341 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CITY", UTAH TUESDAY, DECEMBER 12, 1989 made sure they could hear the Councilmember Stoler said other noise as they approach the gather- cities had similar yet tougher ing. legislation. Councilmember Bittner asked Mr. Dunn said he showed the if alcoholic beverages or con- ordinance to three attorneys who trolled substances had to be had serious questions about it involved for the police to issue and said it held people guilty citations or if noise alone was until proven innocent. He said sufficient, such as loud music. the ordinance also specified that Major Peck said the ordinance had an officer would not have to been changed so as not to necessi- observe people creating a problem tate the use of alcohol or con- but would only have to believe trolled substances. they did. He also said there was no wording in this legislation Steven Hemingway, 1336 South which left room for discretion. 2nd East, said he had neighbors who had loud parties and on occa- Mr. Dunn said he wondered if sion he had called the police four this would cause the police to put to six times in one night. He a financial priority on their said it was frustrating for the calls and respond to those first neighborhood when nothing hap- that would allow them to recover pened. He suggested that the costs. He also questioned the penalty should be $1,000 so people additional costs to the city to would realize the importance of hear appeals and train officers. police costs and realize that He said if the city was trying to frivolous occurrences at parties mitigate a problem he thought this were the responsibility of the ordinance would encourage more host. problems because of the animosity in neighborhoods.. He said some Bob Rose, 1371 2nd Avenue, people were sensitive to noise but said he held an annual fund rais- certain people would harass others ing party for the Salt Lake Arts and would use the police depart- Center and he had a neighbor who ment to do so. always called the police on him. He said people paid taxes and he Councilmember Fonnesbeck said thought the cost of police calls the biggest problem in her area should be borne by the city. He was Memory Grove and she asked if suggested that the Council give this ordinance would impact Memory more thought to the ordinance Grove. Major Peck said the ordi- because it seemed unclear as to nance was to address problems in what the Council wanted and what residences and would not apply to they expected for the end result. locations outside of a residential structure. He said the structure Kerry Dunn, 2228 Brian Cir- allowed the city to pinpoint cle, expressed his concern about responsibility. He said the the ordinance and asked if its noise ordinance would be the best primary intent was to increase vehicle for problems which oc- revenue or mitigate a problem. curred in Memory Grove. Councilmember Horrocks said the purpose of the ordinance was to Mr. Cutler asked the Council mitigate a problem. Mr. Dunn to amend the language on the asked if this type of legislation bottom of page three by substitut- had been enacted in other places. ing the word "if" for "the officer 89-342 PROCEOINGS OF THE CITY COUNCIL OF SALT LAKE CIO UTAH TUESDAY, DECEMBER 12, 1989 finds" , and in the first line on page four, changing the words "may be" to "are" . So the sentence �it ` I� �would read " . . .and if there is it ( l"v probable cause to believe the COUNCIL CHAIR activities or noise are in viola- tion. . . " . He said this would remove the subjective element of the police officer and establish an objective probable cause stan- dard. T R DER Councilmember Bittner sug- gested adding language to the effect that when there were multi- ple police responses to the same party within 24 hours then the fee reduction for early payment would not be given. Mr. Cutler said the minimum fee was stated as $100.00 which presupposed the fee could be more if the costs were proved. He said he assumed that the "minimum" would become the fee actually imposed because of ease of admin- istration. He said he assumed Mrs. Bittner wanted a caveat added that the reduction would not apply if there was more than one assess- ment within a 24-hour period. Mrs. Bittner said that was correct and said $50.00 would not hurt people very much. Mr. Cutler said he was not prepared to suggest the appropriate lan- guage and asked for time to draft workable language. Mrs. Bittner suggested that. the ordinance be referred to the attorney' s office to include the appropriate change. Mr. Cutler said another option would be to adopt the ordinance and have the attorney' s office prepare an amendment. (0 89-37) The meeting adjourned at 8:25 p.m. 89-343 ('� Cc ( OO 4 • c V''( 1' -o' ` \-,, \ C�1' ( h�,.�CLf SALT LAKE CITY COUNCIL AGENDA lJ `` it 1 I� fir- L hi fl (M'I- ITY COUNCIL CHAMBER G I111 I1)61 (01111)1 ROOM 315, I� CITY AND COUNTY BUILDING C ,16 n) J ---1-) G\ PI 451 SOUTH STATE STREET r 'F:1 +-QR0 Tuesday, December 12, 1989 >> -, q, 4-/C`-- 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. 2. Election of Council Chair and Vice-Chair for 1990. B. OPENING CEREMONIES: 1 . Invocation. 2. Pledge of Allegiance. Approval of the Minutes. (D The Council will present a Resolution of Appreciation to Detective Pat Smith of the Salt Lake City Police Department. j.)(11 1L ec c C. COMMENTS: 1 . Questions to the Mayor from the City Council. 2. Citizen Comments to the Council. D. CONSENT: 1 . Ordinance: City Landmark Site Designations / Set date to hold a public hearing on January 2, 1990 at 6:20 p.m. to receive public comment and consider adopting an ordinance amending section 21 .74. 140, Salt Lake City Code, adding two houses as City Landmark Sites. (L 89-1) Staff recommendation: Set date. E. NEW COUNCIL BUSINESS: 1 . Interlocal Cooperation Agreement: Northwest Quadrant Pipeline Construction Consider adopting a resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City Corporation and Metropolitan 11A44.tS Water District of Salt Lake City for the construction of three segments of pipeline within the Northwest Quadrant. (C 89-671) Staff recommendation: Suspend and adopt. 2. Interlocal Cooperation Agreement : Water Rights Consider adopting a resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City Corporation and the 0(Ipt5A Metropolitan Water District of Salt Lake City for exchange of the Little Cottonwood Well and the Richards Ditch Well and 2,000 acre feet of the water rights therein for water rights of equal value. (C 89-672) Staff recommendation: Suspend and adopt. 3. d Interlocal Cooperation Agreement : Parley's Water Treatment Plant Expansion Consider adopting a resolution authorizing the execution of the Interlocal Cooperation Agreement between Salt Lake City Corporation and Metropolitan Water District of Salt Lake City and Sandy City for the expansion of Parley's Water Treatment Plant. (C 89-670) Staff recommendation: Suspend and adopt. 4. 4 Interlocal Cooperation Agreement : Sandy City Service & Future Annexation Consider adopting a resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City Corporation and Sandy City fixing the boundary between the two cities for water service areas and future annexation. (C 89-673) Staff recommendation: Suspend and adopt. F. UNFINISHED COUNCIL BUSINESS: Ordinance: Recreational Vehicles in Side Yards 1. s Consider adopting an ordinance relating to a proposed overlay zone to allow certain recreational vehicles in_the side yards of residentially zoned properties. J(�SI Cell acert c k 'fD colkyl / `-`- / 0, ; of> (0 89-34) 1J Z k.'�,/ Staff recommendation: Refer to Committee of�the hole. £wn Gd is of 2. Petition No. 400-720 Submitted By Kevin Koncar Consider adopting an ordinance regarding Petition No. 400-720 submitted by Kevin Koncar requesting the property located at 2613 East 2325 South be (-' 1)11' rezoned from an "R-2" to a "B-3" classification. (P 89-351) Staff recommendation: Adopt. 3. Industrial Development Revenue Bonds: Compeq International Company, Ltd. Consider adopting a resolution providing for the financing by Salt Lake City, Utah of a project consisting of a portion of the equipment and related property and improvements for a manufacturing facility which will produce printed circuit boards and electronic parts; providing for the execution by Salt Lake City, Utah of $1 ,000,000 lease and sublease agreements (Compeq International Company. , Ltd. Project) which will be payable solely from revenues arising from payments of sublease lease installments by Compeq International Co. , Ltd. , its parent and guarantor, or its letter of credit bank; authorizing the execution and delivery of a lease-purchase agreement, a sublease agreement , an escrow agreement, closing certificates and other related documents; authorizing the assignment of the lease documents to a purchaser thereof; and related matters. (Q 89-3) S t.)- c410 Staff recommendation: -11,¢ 6)46il ( . / • 4. Resolution: JTM Foothill Village Project Consider adopting a resolution authorizing the issuance of Salt Lake City, Utah Industrial Development Revenue Refunding Bonds, Series 1989 (JTM At . Foothill Village Project) in an initial principal amount not to exceed /, ,6'$: @@6; authorizing the execution and delivery of a financing agreement , Ll' an indenture, a tax agreement, a bond purchase agreement, an official t statement and such bonds and closing documents in connection therewith. (Q 84-18) 10,41/ at 'Le (°��1'{U rigq tral!)Illip ld Staff recommendation: Adopt. 01^ ,J ��� au/4.- . 5. Interlocal Cooperation Agreement : Full Time Police Officers Consider adopting a resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City Corporation and Board of Education of Salt Lake City providing for the services of a full time police 1�.,,4ZJ officer for Northwest and Glendale Intermediate Schools in Salt Lake City. �(((JJ��' (C 89-506) Staff recommendation: Adopt. C-67) Resolution: Landmark Hotel IDRB Escrow Extension Consider adopting a resolution authorizing the execution of a Sixth Supplemental Indenture relating to an escrow extension for the $8,800,000 Salt Lake City, Utah, Industrial Development Revenue Bonds (Landmark Hotel - Airport Holiday Inn Project) U-°\ i' (Q 86-18) inn 61I Staff recommendation: Adopt. e G. / PUBLIC HEARINGS: 0 Petition No. 400-710 Submitted by Thelma and Gilbert Iker . :20 p.m. Receive public comment and consider adopting an ordinance rezoning the le''' e property located at 1307 South 900 West from Residential "R-2" to Business -3" ; and rezoning the property on the northwest corner of 1300 South and 900 West from Business "B-3" to Residential "R-2" , as initiated by the ,4 Planning Commission. .• P 89-174) ()'9°) „0101e.\ , „Ar, taff recommendation: Close hearing and adopt. VP ,, . Public Safety Non-Contributory Retirement Act 6:30 p.m. Receive public comment and consider adopting an ordinance electing to ekparticipate in the Public Safety Non-Contributory Retirement System. (G 89-20) Staff recommendation: Close hearing and adopt . 3 Petition No. 400-756 Submitted by Ricks and Brown Architects '� 6: 0 p.m. �,J" Receive public comment and consider adopting an ordinance closing a portion �J�' and vacating a portion of an alley adjacent to 2185 South 900 East pursuant to Petition No. 400-756. (P 89-379) Staff recommendation: Close hearing and adopt. 4. Ordinance: Parties, Gatherings and Events 6:50 p.m. Receive public comment and consider adopting an Ordinance amending Title 11 of the Salt Lake City Code, 1988, by adding a Chapter 12 relating to parities, gatherings and events. (0 89-307) • 0 , Staff recommendation: Close hearing and adopt. 1 H. + ADJOURNMENT. ** FINAL ACTION MAY BE TAKEN AND/OR ORDINANCES ADOPTED CONCERNING ANY ITEM ON THIS AGENDA DATED: - cti75 BY: - CI Y ECO STATE OF UTAH COUNTY OF SALT LAKE ) ss . On the 8th day of December, 1989, I personally delivered a copy of the foregoing notice to the Mayor and City Council and posted copies of the same in conspicuous view, at the following times and locations within the City and County Building, 451 South State Street , Salt Lake City, Utah: 1 . At 5:00 p.m. in the City Recorder's Office, Room 415; and 2. At 5:00 p.m. in the Newsroom, Room 343. CITY R COR E Subscribed and sworn to before me this 8th day of December, 1989. r" ✓ ,61/ tat Public resid ing in the S of Utah My Commission Expires : r x�-- NPubic . ',=.+ '�� LYNDA NO I I � �' 1,199 I APPROVAL: Stay at Utah EXECUTIWE DIRE TOR UpdcU pirn , IZ1 )-2.IP The City Council (the "Council") of Salt Lake City, Utah met in regular session at its regular meeting place in Salt Lake City, Utah at 6:00 p.m. on December 12, 1989, with the following members present: W.M. "Willie" Stoler Chairperson Sydney Fonnesbeck Councilmember Thomas M. Godfrey Councilmember Roselyn N. Kirk Councilmember Florence B. Bittner Councilmember L. Wayne Horrocks Councilmember Alan G. Hardman Councilmember Also present: Palmer DePaulis Mayor Kathryn Marshall City Recorder Roger Cutler City Attorney Absent: The meeting was duly called to order.and upon determining that a quorum was present, the minutes of the preceding meeting were read and approved, and the City - Recorder presented to the Council a Certificate of Compliance with Open Meeting Law with respect to the December 12, 1989 meeting, a copy of which is attached hereto as Exhibit A.. The following resolution was then introduced, fully discussed by the Council and, pursuant to motion duly made by Councilmember , and seconded by Councilmember , adopted by the following vote: Aye: • Nay: • The resolution was then signed by the Chairperson and attested by the City Recorder in open meeting and recorded by the City Recorder in the official records of Salt Lake City, Utah. The resolution is as follows: 0142.8fP/24401-.002 12/12/99 ,_. -.,77- ..,•._rt. rrT f"F•fl (-pr.r.. vnrr caan!c 'Hull' C1/`"'ET T+•. Ll7 cnc T,.7T /7T A RESOLUTION AUTHORIZING THE ISSUANCE OF SALT LAKE CITY, UTAH INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS, SERIES 1989 (JTM FOOTHILL VILLAGE PROJECT) IN AN INITIAL PRINCIPAL AMOUNT NOT TO EXCEEDA$7,410,000; AUTHORIZING THE EXECUTION AND DELIVERY OF A FINANCING AGREEMENT, AN INDENTURE, A TAX AGREEMENT, A BOND PURCHASE AGREEMENT, AN OFFICIAL STATEMENT, SUCH BONDS AND CLOSING DOCUMENTS IN CONNECTION THEREWITH. WHEREAS, pursuant to the Utah Industrial Facilities and Development Act, Chapter 17, Title 11, Utah Code Annotated 1953, as amended (the "Act"), Salt Lake City, Utah (the "City") is authorized to refund any Bonds issued under the Act by the issuance of its industrial development revenue refunding bonds; and WHEREAS, pursuant to an Indenture of Trust dated as of December 1, 1984 between the City and First Security Bank of Utah, N.A., as trustee, as supplemented by a Supplemental Indenture dated as of June 1, 1985 between the City and First Security Bank of Utah, N.A., as trustee (the "Series 1984 Bond Indenture"), the City issued its "Salt Lake City, Utah Floating Rate Demand Industrial Development Revenue Bonds (JTM Foothill Village Project) Series 1984" in the aggregate principal amount of $7,410,000 (the "Series 1984 Bonds") to finance the cost of acquiring and rehabilitating a shopping center facility owned and operated by JTM Foothill, Ltd., a Utah limited partnership (the "Company"); and WHEREAS, on December 1, 1989, pursuant to the Series 1984 Bond Indenture the Series 1984 Bonds were redeemed; and • WHEREAS, pursuant to an Indenture of Trust dated as of December 1, 1989 (the "Indenture") between the City and Zion's First National Bank, as trustee (the "Trustee"), the City proposes to refund the Series 1984 Bonds (the "Refunding Project") through the issuance of its "Salt Lake City, Utah Industrial Development Revenue Refunding Bonds, Series 1989" (the "Bonds") in an aggregate initial principal amount not to exceec07,410,000i and WHEREAS, the Bonds will be payable from certain payments to be made by the Company pursuant to a Financing Agreement dated as of December 1, 1989 between the Company and the City (the "Financing Agreement") and will be further secured by a Letter of Credit issued by The Sumitomo Bank, Ltd., acting through its Chicago Branch; and WHEREAS, the Bonds will be purchased by Boettcher & Company, Inc. (the "Underwriter") pursuant to a Bond Purchase Agreement (the "Bond Purchase Agreement") between the Underwriter and the City; and -2- r+T. I r I r'T f'ro rnr NJnrt CQQf I C I.II-IIJI-IJCI CTALJfl 74..OT COCT i7T i7T WHEREAS, the Bonds will be offered to the public by the Underwriter pursuant to a Preliminary Official Statement relating to the Bonds (the "Preliminary Official Statement"); and WHEREAS, the City Council of the City (the "Council") deems it necessary and advisable to authorize the sale and issuance of the Bonds and to authorize the execution and delivery of the Financing Agreement, the Indenture, the Bond Purchase Agreement, a Tax Agreement among the City, the Company and the Trustee (the "Tax Agreement") and a final Official Statement relating to the Bonds (the "Official Statement"); and WHEREAS, a form of the Financing Agreement, a form of the Indenture, a form of the Bond Purchase Agreement, a form of the Tax Agreement and a form of the Preliminary Official Statement have been presented to the Council and filed with the City Recorder prior to the date hereof; and WHEREAS, the Act and all documents to be signed by the City provide that the Bonds are special, limited obligations of the City and shall not constitute nor give rise to a general obligation or liability of the City or a charge against its general credit or taxing powers. NOW THEREFORE, be it resolved by the Council as follows: • Section 1. AU action (not inconsistent with the provisions of this resolution) heretofore taken by the City or the officers of the City directed toward the financing of the Refunding Project and the issuance and sale of the Bonds therefor is hereby ratified, approved and confirmed. Section 2, To defray the costs of the Refunding Project, there is hereby authorized the issuance of the Bonds as fully registered bonds, in an aggregate initial principal amount not to exceedkilaffil and bearing an interest rate or yield not to exceed 8 0%a, The Bonds shall mature no later than June 1, 2005 and shall be issued in accordance with and pursuant to the Indenture in the form presented to tie Council at the meeting at which this resolution was adopted, with such changes and additions as are approved by the Mayor, The execution of the Indenture by the appropriate offices of the City shall be conclusive evidence of the approval by the City of such document in accordance with the terms hereof. The form of Indenture is on file at the office of the City Recorder and may there be examined during normal business hours by any interested person. Section 3. The Bonds shall be sold to the Underwriter pursuant to the Bond Purchase Agreement at a purchase price equal to the initial principal amount of the Bonds. Section 4. The Financing Agreement, the Indenture, the Tax Agreement and the Bond Purchase Agreement, in the form presented to the Council at this meeting which such changes and additions as are approved by the Mayor and not inconsistent with -3- the terms of this resolution and the Bonds, with such detail and provisions as are required by the Indenture, are hereby approved in all respects. The execution of such documents by the appropriate officers of the City shall be conclusive evidence of the approval by the City of such documents in accordance with the terms hereof. The Mayor is hereby authorized to execute each of the same on behalf of the City and the City Recorder is hereby authorized to attest to each of the same on behalf of the City and to affix the seal of the City thereto and the acts of the Mayor and City Recorder in so doing are and shall be the act and deed of the City. The Mayor, the City Recorder and all other proper officers and employees of the City are hereby authorized and directed to take all steps on behalf of the City to perform and discharge the obligations of the City under each of said documents. Section 5. The sale of the Bonds to the Underwriter at a price not to exceed the price set out in Section 3 hereof is hereby authorized, approved and confirmed, and the Mayor is hereby authorized and directed to execute, with such changes and additions as are approved by the Mayor and the City Recorder to attest and deliver the Bond Purchase Agreement. The execution of the Bond Purchase Agreement by the appropriate officers of the City shall be conclusive evidence of the approval by the City of such document in accordance with the terms hereof. Section 6. The City authorizes the use by the Underwriter of the Preliminary Official Statement in marketing the Bonds and authorizes the Official Statement, The Official Statement shall be in the form of the Preliminary Official Statement presented to the Council at this meeting, with such changes therein as are approved by the Mayor or are necessary to conform such Official Statement to the provisions of the Indenture, Financing Agreement, Tax Agreement, Bond Purchase Agreement and other documents relating to the Refunding Project as finally executed. The Mayor is authorized to execute and deliver the Official Statement on behalf of the City. The execution of the Official Statement by the Mayor shall be conclusive evidence of the approval by the City of the Official Statement in accordance with the terms hereof. Section 7. Pursuant to Section 11-17-13, Utah Code Annotated 1953, as amended, the City includes herein the'pledge and undertaking of the State of Utah that the State of Utah will not alter, impair or limit the rights vested hereunder or in the Bonds, the Financing Agreement, the Indenture or any of the documents contemplated hereby until the Bonds, have been fully paid and discharged in accordance with the Indenture and all obligations of the City under the Bonds, the Financing Agreement, the Tax Agreement and the Indenture are fully performed. Section 8. The Mayor, the City Recorder and other officers of the City are hereby authorized to execute all documents and take such action as they may deem necessary or advisable in order to carry out and perform the purpose of this resolution and the execution or taking of such action shall he conclusive evidence of such necessity or advisability, including the execution and delivery of closing documents in connection with the issuance of the Bonds, All action heretofore taken by the City, its officers and -4- employees, with respect to the issuance and sale of the Bonds, is hereby ratified and confirmed. Section 9. It is hereby declared that all parts of this resolution are severable and that if any section, paragraph, clause or provision of this resolution shall, for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of any such section, paragraph, clause or provision shall not affect the remaining provisions of this resolution. Section 10. All resolutions and ordinances or parts thereof heretofore adopted or passed which are in conflict with any of the provisions of this resolution are, to the extent of such conflict, hereby repealed. Section 11. The Council hereby directs the City Recorder to make an appropriate notation on the books of the City that the City is electing to issue the Bonds as an exempt small issue of $10,000,000 or less under Section 144(a)(4) of the Internal Revenue Code of 1986, as amended. Section 12. This resolution shall become effective immediately upon its adoption by the Council. Passed and approved this 12th day of December 1989 by the City Council of Salt Lake City, Utah. SALT LAKE CITY, UTAFI Chairperson ATTEST: City Recorder ( SEAL ) -5- After conduct of other business not pertinent to the above, the meeting was, on motion duly made and seconded, adjourned. SALT LAKE CITY, UTAH Chairperson ( SEAL ) ATF ST: City Recorder PRESENTATYON TO THE MAYOR The foregoing resolution was presented to the Mayor for his approval or disapproval on the day of December, 1989. Chairperson MAYOR'S APPROVAL The foregoing resolution was approved by the Mayor on the day of December, 1989. Palmer A. DePaulis Mayor -6- STATE OF UTAH ) ) ss, COUNTY OF SALT LAKE ) I, Kathryn Marshall, the duly qualified and acting City Recorder of Salt Lake City, Utah, do hereby certify according to the records of the Salt Lake City, Utah, City Council (the "Council") in my possession, that the foregoing constitutes a true, correct and complete copy of the proceedings of the Council held on December 12, 1989, insofar as said minutes pertain to the matters set forth herein. IN WITNESS WHEREOF, I have hereunder subscribed by signature and impressed hereon the official seal of Salt Lake City, Utah this 12th day of December 1989. City Recorder ( SEAL ) • -7- EXHIBIT A CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I, Kathryn Marshall, the undersigned, the duly qualified City Recorder of Salt Lake City, Utah (the "City") do hereby certify, according to the records of the City in my official possession, and upon my own knowledge and belief, that 1. In accordance with the requirements of Section 52-4-6(2), Utah Code Annotated 1953, as amended, I gave public notice of the agenda, date, time and place of the December 12, 1989 public meeting held by the City Council of the City (the "Council") by causing a Notice of Public Meeting to be posted at the principal office of the Council at 324 South State Street, in the City on December 1989, at least 24 hours prior to the convening of such meeting, in the form attached hereto as Schedule 1; such Notice of Public Meeting having continuously remained so posted and available for public inspection during the regular office hours of the Council until the convening of the meeting; and causing a copy of said Notice of Public Meeting in the form attached hereto as Schedule 1 to be provided on December _, 1989, at least 24 hours prior to the convening of such meeting to the Salt Lake City Tribune, a newspaper of general circulation within the geographic jurisdiction of the City, and to each local media correspondent, newspaper, radio station or television station which has requested notification of meetings of the Council; and 2. In accordance with the requirements of Section 52-4-6(1), Utah Code Annotated 1953, as amended, public notice of the 1989 Annual Meeting Schedule of the Council was given specifying the date, time and place of the regular meetings of the Council scheduled to be held during the year, by causing a Notice of Annual Meeting Schedule (in the form attached as Schedule 2) to be posted on , 1989, at the principal office of the Council in the City; such Notice of Annual Meeting Schedule having continuously remained so posted and available for public inspection during the regular office hours of the undersigned until the date hereof; and causing a copy of such Notice of Annual Meeting Schedule to be provided on , 1989, to a newspaper of general circulation within the geographic jurisdiction of the City; IN WITNESS WHEREOF, I have hereunto subscribed my official signature and impressed hereon the official seal of the City this 12th day of December 1989. City Recorder ( SEAL ) -8- PROCEEDINGS .r' THE CITY COUNCIL OF SALT ,AKE CITY, UTAH TUESDAY, DECEMBER 5, 1989 The City Council of Salt Lake City, Utah, met as the Committee of the Whole on Tuesday, December 5, 1989, at 5:00 p.m. in Room 325, City County Building, 451 South State Street. The following Council Members were present: Florence Bittner Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Willie Stoler Sydney Fonnesbeck Council Chair Stoler presided at the meeting. Cindy Gust-Jenson, Council Regarding items F-1, F-2 and Executive Director, reviewed the F-3, revisions were made to these Council ' s calendar of upcoming drafts since sections regarding events. The owner of Washington abatements were not required. The Square Cafe extended an invita- changes were technical and no tion to the Council to be his other changes were made. guest at a reception with refresh- ments. He suggested 3:30 or 4:00 Regarding items F-4, F-5 and in the afternoon preceding either G-2 pertaining to the hospital the Tuesday Council session or the bonds, the public hearing (G-2 ) Thursday Committee meeting next would need to be held before week. Due to their conflicting action could be taken on F-4 or F- schedules, Council Members could 5, and the Council would need to not agree on a date. Ms. Gust- adopt the resolutions subject to Jenson said she would talk more review by the City Attorney since with the owner and let the Council the documents were received in the know alternative dates. Council Office late and more time was need by the City Attorney to Regarding the audit, Ms. review them. Jim Matsumori from Gust-Jenson mentioned that the Smith Capital Markets and Bob staff had suggested a change in Foltz from Chapman and Cutler were the scope. Rather than conducting present during the briefing for a survey, information would be any questions and they would be obtained in personal interviews. present during Council session She asked the Council to immedi- regarding these bonds. ately voice any objections about this change to her or to staff The briefing session was member Cam Caldwell. concluded to prepare for the regular Council session. She noted that Hermoine Jex would be present to voice three concerns during the comments portion of the meeting. One in particular related to the North Temple Interchange. She advised that a letter from the Mayor regarding this issue would be copied and distributed during the break and prior to the meeting for the Council ' s review and informa- tion. 89-323 PROCEEDINGS ur' THE CITY COUNCIL OF SALT ,SAKE CITY, UTAH TUESDAY, DECEMBER 5, 1989 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, December 5, 1989, at 6:00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State Street. The following Council Members were present: Florence Bittner Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Willie Stoler Sydney Fonnesbeck Roger Cutler, City Attorney and Acting Mayor, Kathryn Marshall, City Recorder, and Lynda Domino, Chief Deputy City Recorder, were present. Mayor Palmer DePaulis was absent. Council Chair Stoler presided at and conducted the meeting. OPENING CEREMONIES expected a strong statement against this from the Mayor and #1. The invocation was given City Council at the public hearing by Sione Fakahua, Tongan Methodist held November 29. She said the Church. neighborhoods and community coun- cils in Salt Lake City, SLACC and #2. The Council led the councils in the county voted Pledge of Allegiance. against this interchange. She requested the Council to write a #3. Councilmember Godfrey strong letter to the Salt Lake moved and Councilmember Kirk County Commissioners against the seconded to approve the minutes of interchange. the Salt Lake City Council for the regular meeting held Tuesday, In regards to the proposed November 21, 1989, which motion light rail system, she asked if carried, all members voted aye. the city had a responsible lobby- (M 89-1) ist who would work for the commu- nity as a whole and she also asked COMMENTS the city to lobby for a bill limiting incinerators. #1. Hermoine Jex thanked the members of the City Council for 2) She said the planning their many years of service and implementation process had broken said she appreciated everything down between the community coun- they did for neighborhoods. She cils and the planning department. then brought up three issues and She said in 1973 it was determined asked the Council to take them that the mountains and hillsides into consideration: were the city' s prize asset but a month ago the head of the planning 1 ) On Monday, November 26, staff told the Capital Hill Commu- the Downtown Business Alliance nity Council that position was no voted to change the name of the longer true and the City Council proposed North Temple Interchange had not taken that position. Mrs. to the Central Business District Jex said a petition was submitted Interchange. She said the name to change the grade of nondevelop- change was a farce and she had able land from 40% to 30% to 89-324 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 5, 1989 prevent further scoring of hill- CONSENT AGENDA sides but the planning staff refused to refer the petition to Councilmember Godfrey moved the Planning Commission and City and Councilmember Hardman sec- Council. onded to approve the consent agenda, which motion carried, all She referred to Plat J of members voted aye. Ensign Peak in which the developer had requested an extension into a #1. RE: Adopting Ordinance protected area. She said there 71 of 1989 amending Title 18, was an upcoming land trade between Chapter 16, Salt Lake City Code by Salt Lake City and the developer repealing Section 030 relating to and she asked the City Council to license bond requirements. review the community councils' (0 89-42) ideas carefully. She said SLACC voted in November to ask Salt Lake NEW COUNCIL BUSINESS City to begin the process to establish a preservation zone for #1. Re: A resolution of the Ensign Peak nature park. She intent to construct Special Im- said they recommended the develop- provement District 38-758 - 400 to ment of a master plan of the park 500 South connector. which would entail the establish- ment of necessary boundaries to ACTION: Councilmember Kirk provide an adequate but controlled moved and Councilmember Godfrey access and would be determined seconded to suspend the rules and prior to any Ensign Peak land on first reading adopt Resolution trades. 126 of 1989 declaring the City' s intent to construct improvements 3 ) Regarding recognition of for 400 to 500 South connector the Salt Lake Association of including curb and gutters, side- Community Councils, she said they walks, asphalt pavement, driveways had been politically maneuvered and miscellaneous work; to create against. She said SLACC cared Special Improvement District 38- about working as a team, cleaning 758 to defray the cost and expens- up the neighborhoods, developing a es of a portion of said improve- strong economic base as well as ment district by special assess- good residential areas. She said ments levied against the property the latest draft of the ordinance benefited by such improvements; would not accomplish their goals. to authorize advertisement of con- struction bids and related mat- In regards to the inter- ters; and to set time and place change, Councilmember Bittner said for public hearing of January 16, the Council recommended that the 1989, at 6:20 p.m. , which motion Mayor not support the North Temple carried, all members voted aye. Interchange and that was all they (Q 89-9) could do. Regarding the preserva- tion of Ensign Peak, she said she UNFINISHED COUNCIL BUSINESS thought the Council might be willing to approve this if the #1. RE: The Board of Equal- information came before them. ization and Review for California Avenue Special Improvement Dis- Councilmember Stoler ex- trict 38-724. pressed his appreciation to Mrs. Jex for her hard work. 89-325 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 5, 1989 ACTION: Councilmember God- standing that the abatement lan- frey moved and Councilmember guage had been excluded. Hardman seconded to adopt Resolu- (Q 89-2) tion 127 of 1989 appointing a Board of Equalization and Review #3. RE: The Board of Equal- for Salt Lake City, Utah, Califor- ization and Review for West Temple nia Avenue Curb and Gutter Exten- Special Improvement District 38- sion No. 38-724; setting the dates 830. for the Board of Equalization to hear and consider objections and ACTION: Councilmember God- corrections to any proposed as- frey moved and Councilmember Kirk sessments; authorizing the City seconded to adopt Resolution 129 Recorder to publish and mail a of 1989 appointing a Board of notice of meetings of the Board of Equalization and Review for Salt Equalization and Review, including Lake City, Utah, Special Improve- notice supplementing the notice of ment District No. 38-830; setting intention and related matters, the dates for the Board of Equal- which motion carried, all members ization to hear and consider voted aye. objections and corrections to any proposed assessments; authorizing DISCUSSION: Councilmember the City Recorder to publish and Godfrey said adoption of this mail a notice of meetings of the resolution was with the under- Board of Equalization and Review, standing that the abatement lan- including notice supplementing the guage had been excluded. Notice of Intention, and related (Q 86-14) matters, which motion carried, all members voted aye. #2. RE: The Board of Equal- ization and Review for California DISCUSSION: Councilmember Avenue Special Improvement Dis- Godfrey said adoption of this trict 38-808. resolution was with the under- standing that the abatement lan- ACTION: Councilmember God- guage had been excluded. frey moved and Councilmember Kirk (Q 88-3) seconded to adopt Resolution 128 of 1989 appointing a Board of #4. RE: An interlocal Equalization and Review for Salt cooperation agreement regarding Lake City, Utah, Special Improve- hospital bonds (Pooled Hospital ment District No. 38-808; setting Financing Program) . the dates for the Board of Equal- ization to hear and consider ACTION: Councilmember Kirk objections and corrections to any moved and Councilmember Godfrey proposed assessments; authorizing seconded to adopt Resolution 130 the City Recorder to publish and of 1989, subject to review and mail a notice of meetings of the approval by the Salt Lake City Board of Equalization and Review, Attorney, approving and authoriz- including notice supplementing the ing the execution and delivery of notice of intention, and related an interlocal cooperation agree- matters, which motion carried, all ment among Salt Lake City, Utah, members voted aye. and certain other cities and counties in the State of Utah DISCUSSION: Councilmember providing for the issuance by Salt Godfrey said adoption of this Lake City, Utah, of its Flexible resolution was with the under- Rate Revenue Bonds, Series 1989 89-326 PROCEEDINGS uF THE CITY COUNCIL OF SALT .SAKE CITY, UTAH TUESDAY, DECEMBER 5, 1989 (Pooled Hospital Financing Pro- ACTION: Councilmember God- gram) for the purpose of financing frey moved and Councilmember and refinancing certain health Hardman seconded to close the care facilities located throughout public hearing, which motion the State of Utah, which motion carried, all members voted aye. carried, all members voted aye. Councilmember Kirk moved and DISCUSSION: Councilmember Councilmember Hardman seconded to Fonnesbeck said voting for this adopt Ordinance 72 of 1989, which issue did not imply that the motion carried, all members voted Council was giving away zoning aye. stipulations regarding purchased equipment. DISCUSSION: Ed Snow, Council (C 89-653) Staff, said the current Housing Advisory and Appeals Board ordi- #5. RE: A resolution re- nance was unclear regarding the garding a hospital financing appeals process, except in the program (Pooled Hospital Financing area of demolitions. He said this Program) . amendment would clarify the route of appeal which would first go to ACTION: Councilmember God- the Mayor who would have 30 days frey moved and Councilmember to give a written response. After Horrocks seconded to adopt Resolu- that the affected party could tion 131 of 1989, subject to appeal to the 3rd District Court. review and approval by the Salt Lake City Attorney, authorizing No one from the audience the issuance and sale by Salt Lake spoke. City, Utah, of its Flexible Rate (0 89-41) Revenue Bonds, Series 1989 (Pooled Hospital Financing Program) for #2. RE: A public hearing at the purpose of financing and 6:30 p.m. to receive comment on refinancing certain health care the issuance by Salt Lake City, facilities located throughout the Utah, of its Flexible Rate Revenue State of Utah, which motion car- Bonds, Series 1989 (Pooled Hospi- ried, all members voted aye. tal Financing Program) and consid- er adopting a resolution approving DISCUSSION: Councilmember the issuance of such bonds. Fonnesbeck said voting for this issue did not imply that the ACTION: Councilmember God- Council was giving away zoning frey moved and Councilmember stipulations regarding purchased Hardman seconded to close the equipment. public hearing, which motion (Q 89-7) carried, all members voted aye. PUBLIC HEARINGS Councilmember Godfrey moved and Councilmember Hardman seconded #1. RE: A public hearing at to adopt Resolution 132 of 1989, 6:20 p.m. to receive comment and subject to review and approval by consider adopting an ordinance the Salt Lake City attorney, enacting Section 18.48.170 of the approving the issuance of the Salt Lake City Code providing a bonds, which motion carried, all general appeal process for deci- members voted aye. sions of the Housing Advisory and Appeals Board. 89-327 PROCEEDINGS ur' THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 5, 1989 DISCUSSION: Jim Matsumori, #3. RE: A public hearing at Smith Capital Markets, financial 6:40 p.m. to receive comment advisor, said this issue dealt concerning and consider adopting with pooled financing by an ordinance amending Chapter 62 Intermountain Health Care, Holy of Title 21 dealing with the Cross and St. Benedict's hospi- conditional C-3A district and tals. He said there were 18 creating a conditional use for hospitals throughout the state temporary outdoor garden centers. that needed financing for hospital improvements and equipment. He ACTION: Councilmember Hard- said one option for financing was man moved and Councilmember Kirk to go to each municipality and seconded to close the public county but many rural areas didn't hearing, which motion carried, all have the money to do this. Plus it members voted aye. was more economical to eliminate duplication and find one issuer Councilmember Godfrey moved which in turn helped keep health and Councilmember Hardman seconded care costs economical. He said to adopt Ordinance 73 of 1989, in past years Salt Lake City had which motion carried, all members agreed to do this so they ap- voted aye. proached Salt Lake City again. He said most of the funds would be DISCUSSION: Everett Joyce, used for hospitals within Salt planning and zoning staff, ex- Lake City and said any other plained that in the C-3A zoning participants in the future who district outdoor storage uses were wanted to join could do so with not allowed. He said several Salt Lake City' s approval. retail stores had a seasonal influx of garden requirements and Councilmember Fonnesbeck said requiring a permanent structure apparently there had been a con- for a seasonal use was an extreme troversy at LDS Hospital regarding demand. The ordinance would allow the use of equipment in an auxil- a temporary garden center in a C- iary trailer or building and she 3A zone as a conditional use with said the neighborhood was told the following conditions: that the equipment couldn't be housed in the main building so it 1 ) The temporary garden needed to be put in the auxiliary center operation shall be conduct- building. She asked if this ed only on a hard surface area. equipment was associated with this bond issue. Mr. Matsumori said he 2 ) The temporary garden didn't know but could check into center use shall not interfere this question. Councilmember with access to, or diminish, any Fonnesbeck said this was more of a required off-street parking. zoning issue than equipment ques- tion. She said voting for this 3 ) The temporary garden issue did not imply that the center use must be set back at Council was giving away zoning least 30 feet from any property stipulations regarding purchased line abutting a public right of equipment. way. No one from the audience 4) Exterior signage shall be spoke. limited to one flat, non-illumi- (Q 89-7) nated identity or name plate sign on each face of the garden center 89-328 PROCEEDINGS uF THE CITY COUNCIL OF SALT ,SAKE CITY, UTAH TUESDAY, DECEMBER 5, 1989 structure not exceeding nine Councilmember Kirk referred square feet per sign. No other to a garden center issue on 1300 exterior signage shall be allowed South and asked how this ordinance and any other informational or would apply. Bill Wright, plan- sales signs in excess of one ning and zoning staff, said that square foot shall be located garden center was located in a B-3 within the temporary garden center zone and was determined to be and screened from exterior view. either a nonconforming or illegal use. He said the ordinance would 5 ) No storage of items, not apply to any other zone but other than those available for the C-3A zone. immediate sale, shall be permitted within the area of the temporary No one from the audience garden center. Items available spoke. for sale within the area which are (0 89-44) on pallets or other similar bulk arrangements shall be screened by a minimum five foot high semi- opaque fence of a neutral color. The meeting adjourned at 6:45 p.m. 6 ) The temporary garden center operation shall be used no more than six months during any COUNCIL CHAIR year. Any temporary structures for such use shall be removed during the remaining time each year and the area on which such CITY RECORDER use was conducted shall be re- stored to its original use. 7) A building , permit for the temporary garden center must be obtained for the first year of operation at any location. In each succeeding year for which the identical size and location are used for the temporary garden center the permittee shall notify in writing, the Department of Community and Economic Development of the permittee ' s intent to use the temporary garden center area at the same size and location and of the beginning and ending dates of the temporary garden center operation. Any change in the location or size of the temporary garden center shall require a new building permit. Mr. Joyce said the Planning Commission recommended Council approval. 89-329 w DATE EVENT Ll .TIoN/DETAILS RSVP? YES/No /,/,47r,6 :._ 12/13 CITY AWARDS CEREMONY COUNCIL CHAMBERS 11:00 -1:00 10-20 YR VETS HONORED 12/14 Police Mutual Aid Quality Inn-Airport not required Assn. Lunch 11:30 happy hour 12:00 luncheon 12/15D Luncheon Meeting Little America required by 12/8 FB 4+( 1 WS 12-2:00 Flagstaff Room Public Utilities Advisory Comm./ get acquainted 12/15 Christmas Buffet David R. Hayes, 3:30 - 6 pm Architect/Retirement 2398 W. North Temple 1/15/90 ) Local Officials required/$20 each / Day at Legislature Orientation/Breakfast 7-10 State Capitol Observe Session 10-12 Legislators/State Officials Lunch 12:15-1:45 Marriott /3-6/90 lan for Utah League in Washington, DC �- AY-/ Will be getting additional information * * * NEW LISTINGS SINCE LAST PRINT-oUT ARE IN BoLD 12/5 11► it4* 41,0 • , ;. 7,-7, ,14.,:: :esJ,•.,zid,... __ CSC _ _ Jb.•rJ : ,_,7: :�—. .v2,:e T7 rlua •'_G..;_li T:.va.xc^J-- 1p I SALT LAKE CITY CORPOR A'l,ION t V tr 5 2 A JOINT RESOLUTION OF THE CITY COUNCIL AND MAYOR OF 4 s SALT LAKE CITY, UTAH i f WHEREAS, Detective Pat Smith has announced her retirement after twenty- s'4 I. five years of devoted service on the Salt Lake City Police 4 ', Department; and s "' WHEREAS, Detective Smith was named Police Officer of the year in 1975 V51, for the entire State of Utah and received the Mayor' s Award { V of Excellence in 1988; and 4 1 WHEREAS, throughout her career, she has demonstrated a high degree of professionalism and skill in each of the several positions `g • P she has held; and in E WHEREAS, Pat has become - over the past six years - an indispensable } part of the Sex Crimes Investigative Unit in which she has V assisted thousands of rape and sex crimes victims, always L displaying sensitivityand compassion, and in a {; patience, P � ;it;; . . } great number of cases, bringing the criminals to justice; and 'i WHEREAS, Detective Smith ' s brilliant detective mind, total commitment ! t) to her job, her caring for victims of crime and her wealth of —=' 'r knowledge are greatly appreciated and will be sorely missed by t Salt Lake City. = NOW, THEREFORE BE IT RESOLVED by the Salt Lake City Council and Mayor •Ei 01 that we hereby congratulate and deeply thank Detective Pat t_.y Smith for her years of compassionate and unselfish service _} to the employees and citizens of Salt Lake City. DATED this 12th Day of December, 1989. k5 - Palmer A. DePaulis, Mayor W.M. "Willie" Stoler, Chair F. t Florence B. Bittner L. Wayne Horrocks = Ps = Sydney R. Fonnesbeck Alan G. Hardman E Er r; lom Godfrey Roselyn N. Kirk - •�7 :E :E F. , ,) CRAIG E. PETERSON ^ `, ` ( 1 \�� x��l �v � e l\®1�1 DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 218 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 TO: Salt Lake City Council December 4, 1989 Re: Adding Two Houses as City Landmarks Recommendation: That the City Council hold a public hearing on January 2, 1989 at 6:20 p.m. to discuss adding to houses as City Landmarks. Availability of Funds: Not applicable Discussion and Background: The two houses being nominated for City Landmarks are the Madison Baysinger House at 126 Mead Avenue, and the Louis and Theresa B. Hills House at 425 East First South Street. The Landmarks Committee and the Planning Commission have both reviewed these nominations and recommend their placement on the City Register. Legislative Action: The City Attorney's Office has prepared the necessary ordinance and is ready for your action. Submitted by: MICHAEL B. ZUI-IL Acting Director Community and Economic Development lf/ SALT LAKE CITY ORDINANCE No. of 1989 (Adding two houses as city landmarks) AN ORDINANCE AMENDING SECTION 21 .74. 140, SALT LAKE CITY CODE, ADDING TWO HOUSES AS CITY LANDMARK SITES. WHEREAS, the Historical Landmark Commission and the Planning Commission have recommended the inclusion of the Madison Baysinger house at 126 Mead Avenue and the Lewis and Theresa B. Hills house at 425 East First South as registered city landmarks and the Council, after a public hearing, finds that such desig- nation will be in the interest of the City; NOW, THEREFORE, the City Council of Salt Lake City, Utah hereby recognizes these houses as city landmark sites. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 21 . 74 . 140( B) , Salt Lake City Code, is hereby amended to add the following: 21.74.140(B) City landmark sites. ( 41 ) Baysinger house 126 Mead Avenue Salt Lake City, Utah (42 ) Lewis and Theresa B. Hills house 425 East First South Salt Lake City, Utah SECTION 2 . This ordinance shall take effect upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s action: Approved Vetoed. MAYOR ATTEST: CITY RECORDER ( SEAL) Bill No. of 1989 . Published: BRB: rc -2- H s� ; '1 C 1. • - ��+ s M*-� '� L® �®s©�e) HISTORICAL LANDMARK ALLEN C. JOHNSON, AICP " PLANNII:G DIRECTOR COMMITTEE MEMBERS WILLIAM T. WRIGHT. AICP COMMUNITY AND ECONOMIC DEVELOPMENT MICHAEL J. STRANSKY DF PUTY DIRECTOR PLANNING DIVISION HAROLD CHRISTENSEN SGPERVISOR LONG RANGE PLANNING Historical Landmark Committee W. RANDALL DIXON AND URBAN DESIGN LINDA EDEIKEN WILLIAM H. SCHWAB 451 SOUTH STATE STREET PETER duPONT EMERSON PRESE-,sA-ON PLANNER ROOM 406, CITY AND COUNTY BUILDING STEVE ENGLAND PAMELA GRUBAUGH-LITTIG JEAN POWERS-MULLEN SALT LAKE CITY, UTAH 84111 RANCH S. KIMBALL SECRETARY TELEPHONE 535-7757 LYLE KNUDSEN RALPH P. NEILSON DR. J, LOUIS SCHRICKER GRACE SPERRY November 22 , 1 9 8 9 M. LOUIS ULRICH Mike Zuhl , Acting Director Community & Economic Development 218 City & County Building Salt Lake City , UT 84111 • Re : Nominations to the Salt Lake City Register of Cultural Resources Enclosed are two nominations for the Salt Lake City Register of Cultural Resources-- the Madison Baysinger House at 126 Mead Avenue , and the Louis and Theresa B . Hills House at 425 East First South . The Historical Landmark Committee and the Planning Commission have both reviewed these nominations and recommend their placement on the City Register . Also enclosed is the historical and architectural information pertaining to these two houses . A public hearing will be required before the City Council prior to placement on the Salt Lake City Register . If you have any questions , please contact me or Bil Schwab at 535- 7758 . Sincer, 'ly , i Allen /C . ohnson , AICP Planni Director ACJ/BS/pm encls PC MINUI`ES November 2, 1989 Page 2 Case No. 856, at 81 North 400 West, UNTO] PACIFIC RAILROAD NFPOT site, represented by Gordon Todd, to construct an addition for storage on south side; zone M-1. Tabled for more detailed information Case No. 857, at 118 "E" Street, by Werner Weixler, represented by Wally Cooper, to demolish structure and landscape; zone "R-2"H. • Conceptual approval with provisions Mr. Nicolatus moved to approve the above cases of the Historical Landmark Cortenittec from November 1, 1989. Mr. Neilson seconded the motion; all voted "Aye. " The motion passes. HISTORICAL LANDMARK CCEIMInhE CASE NO. 852 Nomination of the Lewis and Theresa Hills House at 425 East 100 South Stroct to the Salt Lake City Register of Cultural Resources, by Janet Nimer. Mr. Bil Schwab introduced Ms. Janet Nimer who presented the case for the Hills House nomination. Ms. Nimer stated that the Lewis and Theresa Hills house is significant both historically and architecturally. She stated that the house was built in 1905 in Victorian Eclectic architectural style. The main house is a two and a half story masonry structure. The carriage house is stucco but is consistent with the architecture of the main house. Ms. Nimer presented slides of the house and stated that the Hills House has retained or been restored to its original appearance except for an upstairs covered patio. The enclosed patio was made into a room in about 1925 when the home was turned into an apartment dwelling. The 1925 addition was built of wood leaving the original roof structure intact. There were two windows added. The addition matches the ice room situated directly below it. The detailing on the outside of the building has also been left intact. Accordingly, the patio enclosure does not affect the architectural integrity of the building. Ms. Nimer conc1.uded by stating the building is currently being used as an office. Mr. Nicolatus moved to recommend to the City Council, nomination of the Lewis and Theresa Hills house located at 425 East 100 South to the Salt Lake City Register of Cultural Resources. Mr. Schumann seconded the motion; all voted "Aye." The motion passes. Mr. Howa moved to ratify the actions on the Approval of the Minutes and the Historical Landmark Committee Cases now that a full body was present. Mr. Nicolatus seconded the motion; all voted "Aye." The motion passes. __- �<e City Historical Land .ks CcurLit-tee s__- Lake City Planning Da7.:arcnent 41,4 Cll.] and County 3t'1ld.iag re Ci-yr t ah 84111 ? one: 535-7757 ait Lake City Register of Cultural Resources inventory—Nomination Form u, instructions in How to Complete National Register Forms al! entries—Complete applicable sections 1 . Name ,.or.c Lewis S . and Theresa B. Hills House ., or commcn f. Location eat & number 425 East F tr s t' £ont h Salt Lake City, Utah 84111 ' . Classification ';�:tegor/ Ownership Status Present Use _ public occupied _ agriculture __ museum ouilcing(s) _X— private _ unoccupied commercial _ park <_:ructure _ both _work in progress _ educational private residence site Public Acquisition Accessible entertainment ` religious • __. coiect _ in process yes: restricted _._ government scientific _ being considered _ yes: unrestricted _ industrial _ transportation no military x other: Owner of Property (Owner of Laces e Spafford and Spafford , P . C. • ct & number 425 East First South • . !nwn Salt Lake City _vicinity of Salt Lake state Utah 84111 Location of Legal Description registry of deeds. etc. Salt Lake County Recorders Office number 2001 South State °y, town Salt Lake City state Utah Representation in Existing Surveys Lewis S . Hills House has this property been determined el gible? x yes a no arrr July 16 , 1980 federal _ state _ county -.X_ local '-eoository for survey records Salt Lake City Planning Commission town state Description edition Check one Check one , xcellent — deteriorated unaltered x orioinat site d _ ruins X altered _moved date ii,• __unexposed cribe the present and original (if known) physical appearance ARCHITECTURAL DESCRIPTION The Lewis S . and Theresa B. Hills House is an elegant example of the Victorian Eclectic architectural style. The basic form and massing reflects the Victorian designer' s concern for irregularity and ornamentation. A central block, composed around a side-passage or lobby entry plan, is enhanced by the application of projecting bays, both to the front and sides, creating a lively and exhuberant appearance. The principal style is the neoclassical, visible in such features as the fluted Doric columns on the porch, pronounced entablature, dentiled frame, and palladian dormer windows. From the Queen Anne comes the emphasis on texture and the sweeping circular porch. An intriguing touch is added by the Mission style parapet on the dormer. The house remains in excellent historic condition and makes a significant contribution to the architectural heritage of the state. The main home is a two and a half story masonry. It has a hip roof with a hipped dormer; gabled side bay; hipped roof over polygonal bays on front and side; painted brick exterior; corbeled chimneys; a very large rounded corner porch with a low conical roof with a ball final ; short, heavy fluted columns on a smoothed stone railing wall ; overhanging cornice has a dentil course and egg and dart decoration; smoothed stone foundation; and finally hip knobs on all hip points . There is a Carriage House and a carport/garage structure which were built at the time of the main home. They are consistent with the architectural style of the home. On the Carriage house the construction is of Stucco with a hip roof; metal roof decoration; soffit and facia; with dentil molding to match the house. The carport/garage was originally used by a horse and buggy which was later replaced by the car. It has three open carports which are constructed of painted brick exterior with steel poles supporting the structure . There are two enclosed garages in the structure. PRESENT AND ORIGINAL PHYSICAL APPEARANCE The Lewis S . and Theresa B. Hills Home has retained or been restored to its original appearance except for an upstairs covered patio. The upstairs enclosed patio was made into a room in about 1925 when the home was turned into an apartment dwelling. The 1925 addition was built of wood leaving the original roof structure intact. There were two windows added. The addition matches the ice room situated directly below it. The detailing on the outside of the building has also been left intact . Accordingly, the patio enclosure does not affect the architectural integrity of the building. During this period the back staircase, from the first to the second floor was closed, a fireplace in the library on the main floor was closed, and a kitchen was installed in the dressing room of Theresa ' s bedroom. Apparently this was done to allow division of the home into apartments. As a point of interest, the type of wood used in a given room was indicative of that individuals stature within the household. For example, the master bedroom, inhabited by Lewis S. Hills, was bordered with Cherry wood. Theresa' s bedroom and the adjoining dressing room was bordered with oak and fir. The children' s room was bordered with fir wainscoting and trim. The main entry way, living room, dining room and study which accommodated guests and visitors to the home, has been bordered with oak and ornate fireplaces. These entryway fireplaces were imported from Europe at the time the home was being built. In the late 1960 ' s, when the home was turned into an office building, the back portion of the front porch was enclosed for the purpose of a storage room. The addition was made with heavy glass on the outside wall and sliding doors on both sides. The main structure was not altered. During 1985 the Utah State Bar Association had the upstairs kitchen, located in Theresa ' s dressing room, removed to make more office space. In 1988 both the staircase and the fireplace were uncovered when the building was purchased and restored by Spafford & Spafford. They were found to be in their original condition. The moldings, tile and woodwork were all in excellent condition and required only cosmetic conditioning, not specific remodeling. Spafford and Spafford also had the enclosed room on the front porch removed. This restored the exterior of the home to its original state and did not alter the architectural value . STATEMENT OF SIGNIFICANCE The Lewis S . and Theresa B. Hills residence is significant both historically and architecturally. Built in 1905, this house was first owned and occupied by Lewis S . and Theresa B. Hills . Some evidence indicates that this house was designed by Samuel C. Dallas, a renowned architect of this era. Mr. Hills was a prominent and successful financier and businessman in Salt Lake City. He was born March 8, 1836, at South Amherst, Massachusetts and was educated in the public and high schools of Springfield, Massachusetts. Lewis moved to the valley on July 27, 1862 from Nebraska City, Nebraska at the request of Brigham Young. He played a vital role in the economic development in early Salt Lake City history. Lewis was a member of the partnership that formed the first financial house in the territory in 1872. The bank was Deseret National Bank and later became Zion' s First National Bank of Salt Lake City, presided over by Brigham Young. Mr. Hills also served as President of that bank for many years, and as director of many financial and commercial institutions, including Z .C.M. I . , Beneficial Life Insurance Co. , Home Fire Insurance Company, the Utah Telephone Company, the Nephi Plaster Company, the First National Bank of Ogden, First National Bank of Murray, Nephi National Bank, Thatcher Brothers Bank of Logan, Davis County Bank of Farmington and Barnes Banking Company of Kaysville . He was a shareholder in the Oregon Lumber Company, Amalgamated Sugar Company, Utah-Idaho Sugar Company and numerous other large corporations. Mr. Hills was the first receiver of the U. S. Land Office at Salt Lake, and the first Treasurer of the University of Utah. He was active in local politics as a member of the People ' s Party and served as a Salt Lake City councilman for two terms. Both Mr. and Mrs. Hills were well respected in the community. They built a home on 126 South 200 West during 1877 and also owned a farm in the Cottonwood area on Hillsden Lane. When they built the home on 200, West it was centrally located in a very reputable area. At the turn of the century, however, Mr. Hills decided to build the home located at 425 East 1st South. This was during a period of rapid growth and a time of great affluence throughout the valley. It was an era of change for the prominent and a time when it was very prestigious for the wealthy of Salt Lake to live on the fashionable east side of the valley, thus making it an important move for Lewis and Theresa Hills. At this same time there was substantial building going on in the valley, primarily on South Temple and First South. Some of the other homes that were constructed during this period include the Bamburger, Kearns, Keith, Armstrong and Dinwoody mansions. The Sanborn Fire maps clearly show that this neighborhood was made up of large, modern homes that were very luxurious for this period in history. The Hills home was one of the largest on this block. Lewis and Theresa were the parents of six children and lived in this home until their deaths in 1915 and 1924 respectively. In 1925 title to the property was transferred to the Hills Corporation, which made some modest revisions to the inside of the home . The corporation enclosed an upstairs covered patio to provide an additional room, closed the back staircase from the first to the second floor, covered one fireplace on the main floor, and added a kitchen in Theresa ' s dressing room. The home was used as rental property into the 1940 ' s. In 1942 the home was sold to Jack T. and Ethel A. Birkinshaw. It is believed that the home was used as a personal residence during this time . The home was purchased by Gladys C. Flynn in 1956 . During this period the home was used as a residence with the Carriage House as an apartment. The home was later utilized as an office building. Prior to the purchase of the building by the Utah State Bar in 1972, there was an apartment/office upstairs in the West wing with three other businesses in the building. The Utah State Bar utilized the building and the carriage house for office space. In 1988 the home was purchased by the law firm of Spafford and Spafford. At this time the home was redecorated and necessary restoration was undertaken to restore the home to its original state. The home has since been used as headquarters and offices of Spafford and Spafford. The Lewis S . and Theresa B. Hills House is an elegant example of the Victorian Eclectic architectural style. The basic form and massing reflects the Victorian designer ' s concern for irregularity and ornamentation. A central block, composed around a side-passage or lobby entry plan, is enhanced by the application of projecting bays, both to the front and sides, creating a lively and exhuberant appearance. The principal style is the neoclassical, visible in such features as the fluted Doric columns on the porch, pronounced entablature, dentiled frame, and palladian dormer windows. From the Queen Anne comes the emphasis on texture and the sweeping circular porch. An intriguing touch is added by the Mission style parapet on the dormer. The house remains in excellent historic condition and makes a significant contribution to the architectural heritage of the state. . The main home is a two and a half story masonry. It has a hip roof with a hipped dormer; gabled side bay; hipped roof over polygonal bays on front and side; painted brick exterior; corbeled chimneys; a very large rounded corner porch with a low conical roof with a ball final; short, heavy fluted columns on a smoothed stone railing wall; overhanging cornice has a dentil course and egg and dart decoration; smoothed stone foundation; and finally hip knobs on all hip points . There is a Carriage House and a carport/garage structure which were built at the time of the main home. They are consistent with the architectural style of the home. On the Carriage house the construction is of Stucco with a hip roof; metal roof decoration; soffit and facia; with dentil molding to match the house. The carport/garage was originally used by a horse and buggy which was later replaced by the car. It has three open carports which are constructed of painted brick exterior with steel poles supporting the structure. There are two enclosed garages in the structure. Simply stated, the home and adjoining structures are elegant, are indicative of a prominent residential area, and represents an exciting piece of architectural history. Fr•'9$.100 (11-79) United States Departmen f the Interior Heritage Conservation ana Recreation Service ,.. ' �..r: For NCRS usa,q ` Places received National Register of Historic ` 4 tg�.�. ; .. ,t ' 4• • inventory—Nomination Form 1- , 'dateent -• - Pr 1y See instructions in How to Complete National Register Forms 1 }1_L JQ Type all entries—complete applicable sections 1 . Name historic Madison Baysinger House and/or common 2. Location street & number 126 Mead Avenue _not for publication city, town Salt Lake City _vicinity of congressional district state Utah code county Salt Lake code 3. Classification Category Ownership Status Present Use district _public —occupied —agriculture _museum building(s) R private _.X_unoccupied —commercial _park structure _both _work in progress _educational X private residence —site Public Acquisition Accessible —entertainment —religious _object _in process _yes: restricted —government —scientific being considered s yes: unrestricted ,- industrial __.transportation no ,military _other: 4. Owner of Property name William Jensen Parkinson William Jerry Parkinson Celia Dawn Peterson street & number 428-432 Monroe Street 406 Bryce Ave Midvale • Utah White Rock, New Mexico city, town ___vicinity of state 5. Location of Legal Description courthouse, registry of deeds, etc. • street & number 2100 So, State Street city, town _Salt Lake City state Utah resentatk n on Existing Surveys title Sale Lake City Architectural Survey has this property been determined elegibie? ___yes x . no date November 1984 federal ____state _county local depository for survey records city, town rtate • ■ a-+va.v■ ■�•■W Condition C ;k one Check one _ excellent ,deteriorated X unaltered _original site good ruins _.altered _moved date fair unexposed Describe the present and original (if known) physical appearance hip-roofed main block with gabled front and side polygonal bays ; decorative brackets on bay corners; gable ends feature fishscale shingles , bracketed horizontal cornice over windows, and boxed returns ; brick exterior with decorative rough-faced brick in arches over windows and on bay corners ; sandstone foundation; hip-roofed dormer; porch decoration includes dentils and modillions on eaves and turned balustrade; this house is architecturally significant as a good example of the Queen. Anne. Style Cottage. • • • • Major Bibliograr 'Ica! References Sanborn Fire Maps , 1911 Men of Affairs of the State of Utah , 1914 Title Abstracts Obituary Index - USHS City Directories Sketches of Intermountain States Files USHS Family History from Jack Hills , grandson 10. Geographical Data :--cage of ncm;nated property 98 x 280_ 5 3lc k 62 87-0378894 Property Description : COM 4 RDS W FR SE COR LOT 2 BLK 62 PLAT B SLC SUR W 98 FT N 10 RDS E 98 FT S 10 RDS TO BEG 5643-272 1 . Form Prepared By _ to Janet S. Nimer , CLA, Paralegal -73nixation Spafford and Spafford , P .C . date October 4 , 1989 �t h number 425 East First South telephone 363-1234 !own Salt Lake City state Utah , 84111 ?, Exhibits/Documentation •ce aco^�Gn_ed by c-lcwi_ng ra snc- ..g the _c:___= of the. property (availab e the County Recorder, 2nd Floor, City and County Building 2. All vb 7-aths must be clear and in fccus.They must be 8 X 10 inches in size end may be beck and white or color. The following views are minimum tirrn reouireT nts but the applicant is encouraged to provide additional views and details to fully document the building's as_pearance: a. Front elevation b. General view frcm a distance s;c..v-i.g environment, landscaping and adjacent buildings. c. Rear elevation and one other side d. Exterior details, two or nice. This may include windows, front e^t^ance, ornament, etc. 3. Cc1cr Slides: Slides of the above views. 8. Significance Period Areas of Significance--Check and Justify below prehistoric — archeology-prehistoric _community planning _landscape architecture_religion 1400-1499 archeology-historic _conservation _law _science 1500-1599 agriculture _economics literature sculpture 1600-1699 Y architecture _education military _ social 1700-1799 —art _engineering _ music humanitarian 1800-1899 _commerce _exploration/settlement —philosophy _theater 1900- .— communications _industry _politics/government transportation _ invention _other(specify) Specific dates Builder'Architect Statement of Significance (in one paragraph) 126 Mead Avenue --- Madison Baysinger House The property on which 126 Mead Avenue is now located was first owned by John and Lucy Van Cott. Legend has it that Peter, the Dutch boy who put his finger in the leak in the dike was, in reality, one of the progenitors of the (Van Cats) . Their ancestors were of Dutch nobility. John's mother, Lovina, was Parley P. Pratt's aunt. Her rocking chair is in the D.U.P. Museum. In 1872 John Van Cott sold lots 14 and 15 of the Big Field Survey to Elizabeth and Charlotte Ann Gregory (and daughter Joanna) , widows of the deceased Albert Gregory. Albert had a strong testimony. A letter he wrote his father testifying the truthfulness of Mormonism is in the D.U.P. Library. In 1895 Joanna Gregory sold the property to Joseph and Alice Busch, who sold it in 1896 to Edward B. Wicks. He sold it in 1898 to Johanna M. M. Rassmussen and in 1899 Edward B. Wicks received it back from Johanna M. M. Rassmussen. In 1900 Madison Baysinger, contractor and carpenter, purchased this property from real estate developer E. B. Wicks and built a seven-room "brick cottage" on the lot. Mr. Baysinger lived in the house only a year before selling it to Rose Hollingbery in 1901. Mrs. Hollingbery and her husband Henry, a tailor, also resided there only a short time, selling it in 1903 to Elsie D. Thurber. Mrs. Thurber and her husband James, a contractor, lived / there until 1905 at which time the house was bought by Polly A. Boyd, a nurse. Mrs. Boyd was the first long-term resident of the house, living there until 1927 , when she sold to Margaret and Galetta Egbert, also nurses. They resided there until 1941, when they sold it to Rex and Melba Jensen of Rex's and Bud's Cafe. J. H. Sliger, a foreman, radio and car repair man and his wife, Carola, bought the home in June 1946. They must have rented the upstairs bedrooms to Arthell Allred, Edgar Frost and Harley Myers as all these names are listed in the city directories at that address. Hildred B. Penman, widow of John Penman, bought the home in July 1946 and lived there until 1964, when she sold it to William Jensen Parkinson, one of the early artists of Utah. • He resided there until 1979, with William Jerry _ Parkinson (son) and Celia Dawn Parkinson Peterson (daughter) as joint tenants. He sold it to a house painter, Michael Sovic and wife Joyce, who sold to a native of Laos, Noy Lanenavong, a female laborer, in 1983. She lived in the house a short time and rented it part of the time. Many people lived in the house during this time and it became very run down. The home was returned in August 1987 to William Jensen Parkinson, William Jerry Parkinson (son) and Celia Dawn Parkinson Peterson (daughter) . At the present time it is in the process of being restored and made into an art gallery. This home, built in 1900, is a good example of the Queen Anne Style Cottage. 1989 SALT LAKE CITY PT.ANNTNG C C M1SS1C N Minutes of the meeting held October 19, 1989 at 451 South State Street, Room 126 Present from the Planning Commission were Chairperson LaVone Liddle-Gamonal, Richard J. Howa, John Schumann, Tom Ellison, Ralph Neilson, Cindy Cromer, Ralph Becker, Dan Bethel and Vicki PaJacios. George Nicolatus was excused. Present from the Planning Staff were Deputy Planning Director Bill Wright, Bruce Parker, Bil Schwab and Doug Dansie. A roll is being kept with the minutes of all who attended the Planning Commission meeting. The meeting was called to order. by Ms. ],fiddle-Camonnl at 5:00 p.m. The minutes are presented in agenda order, not necessarily as presented at the mooting. : APPROVAL OF MINLM-5 Ms. Cromer moved to approve the minutes of Thursday, September 28, 1989 as • presented. Mr. Becker seconded the motion; all voted "Aye." The motion passes. Mr. Becker moved to approve the minutes of Thursday, October 5, 1989 subject to the corrections given to the secretary being made. Ms. Cromer seconded the motion; all voted "Aye." The motion passes. Ms. Liddle-Gamonal requested the record reflect that a quorum was not present at this time and these actions would need ratification by a full body. HISTORICAL LANDMARK COMMT1Thh CASE NO. 846. Nomination of the BaysingerNouse at 1.26 Mead Avenue to the Salt Lake City Register of Cultural Resources, by Celia Peterson. Mr. Ril Schwab presented the staff report and stated that this house was constructed in 1900 and is unique in architecl,ure and history, particularly in this part of the City. He added that the Historical Landmark Committee reviewed this nomination on September 6, 1989 and voted to recommend approval to the Planning Commission for designation of this home r_o the Salt Lake City Register of Cultural Resources. Mr. Schwab stated that the Planning Commission would make their recommendation to the City Council and a public hearing would be held prior to placement on the Register. Ms. Celia Peterson, 432 Monroe Street, Midvale, Utah, explained r he history of this house and its ownership to the Planning Commission. Slides wore shown of PC MINUTES October 19, 1989 Page2 the house detailing the architecture and Queen Anne stv1P of design of the building. Ms. Peterson stated that an architectural survey of tie house states that the house is in good condition, unaltered and of architectural significance. Ms. Peterson also stated that her family is interested in restoring the house and turning it into an art gallery. Ms. Bernice Cook, 1746 South West Temple, representing the People's Freeway Community Council, stated that they are in favor of this house being placed on the Register. She added that the People's Freeway Community Council has even voted in favor of allowing the house to be turned into an art gallery. Mr. Schumann moved to recommend to the City Council. the Baysinger Home,e at 126 Mead Avenue be nominated to the Salt Lake City Register of Cul tur-1l Resources. Ms. Cromer seconded the motion; all voted "Aye." The motion passe--. Ms. Cromer moved to ratify the approval of the minutes of Thursday, September 28th and Thursday, October 5th now that a full body was present. Mr. Sehumann seconded the motion; all voted "Aye." The motion passes. PETTTICNS Petition No. 500-70 by Thomas L. Guinney dba Club F3ACI requesting an_appeal of Section 6.08.120 for a Class "B" Private Club license at 134, 136 and 140 West Pierpont Avenue which do not front on a major street. Mr. Bill Wright presented the staff report and stated that Thomas r... cuinney, dba "Club BACI" at 134, 136, and 140 West Pi_erpont. Avenue has applied for a Class "B" Private Club licence. The location is in the "Li< uor district A" and zoning district Commercial "C-3"; however, the property is not local-Ed on a major street as defined on Official Map 419372. Prior to the issuance of the licence, the request must receive a recommendation from the Salt lake City Planning Commission, the Salt Lake City Police Department, and approval From the Mayor or his designated hearing officer. The Planning Staff recommends approval of the business licence application. As directed by Section 6.08. 120, Salt Lake City Code, any establishment seeking a Class "B" Private Club licence that is not located on a major street as defined by the ordinance must complete a review and hearing process. The criteria for approval is: 1. The interior street shall be at least 60 feet in width. Pierpont Avenue right-of-way is 66 feet wide. 2. The addition of the establishment cannot cause the total number of Class "B" Private Club and Class "C" Beer licences to exceed nine for the block nor more than two on the interior street. 1'ho business licence records indicate only four establishments on the block and none presently on Pierpont Avenue with these licences. BEFORE THE PLANNING & ZONING COMMISSION & HISTORICAL LANDMARK COMMITTEE FINDINGS AND ORDER , CASE NO . 846 REPORT OF THE COMMISSION This is an appeal by Celia Peterson to nominate the Madison Baysinger House , a historical site , at 126 Mead Avenue , to the Salt Lake City of Cultural Resources . On September 6 , 1989 , the case was heard before the Historical Landmark Committee . Bil Schwab distributed copies of a survey by the National Historic Register , noting that the survey listed the Madison Baysinger house as Significant which makes it eligible for the City Register . ( A copy of the survey is on file with these original Minutes . ) Ms . Celia Peterson was present , giving a brief history and showing slides of this home . The home was built in 1900 , and the original owner was John VanCott who came to Salt Lake Valley with Parley P . Pratt . John VanCott ' s mother was Parley P . Pratt ' s aunt . Ms . Peterson talked about the ancestors of VanCott and about the property changing hands often until 1900 when Madison Baysinger purchased the property and built the home . The home was sold several times after that , and in 1964 Ms . Peterson ' s father bought it . He sold it but because of default in payments it was returned to Ms . Peterson ' s father . Since that time , the Petersons have gradually been restoring the home . Ms . Peterson said some consideration had been given to using this house as an art gallery or possibly a place to have showings for artists ' paintings ; however , she is not sure the neighborhood is suitable Mr . Schwab explained this house is located on about Tenth South , near the freeway off-ramp , and Midwest Office Supply . He pointed out there are not many examples of good architecture in this part of the city , and this house is one of the first in this area which makes it important . Slides of the house were presented . The house is Queen Ann style architecture . On the front at the top are fish scale shingles . There are cornice windows with medallions . The front porch has ballisters and there is lattice work under the porch . The house is now painted light grey . Slides of the interior illustrated many lovely features ; i . e . , sliding wood doors , the staircase , bannisters , a stained glass window and other woodwork . Ms . Peterson has been unable to locate the original plans for this house and , for that reason , it is not known who the architect was . HLC No . 846 Page 2 Ms . Sperry moved that this committee recommend the nomination of the Madison Baysinger house at 126 Mead Avenue to the Salt Lake City Register of Cultural Resources ; Mr . Dixon seconded the motion ; all voted "aye . " On September 14 , 1989 , the case was heard before the Planning and Zoning Commission . It was moved that the Planning Commission accept the recommendation of the Historical Landmark Committee for approval of the nomination to of this house to the City Register of Cultural Resources . The motion was seconded ; all members voted " aye " . IT IS THEREFORE ORDERED that the Madison Baysinger House at 126 Mead Avenue be approved for nomination to the City Register of Cultural Resources . Dated at Salt Lake City , Utah , this 12th day of October , 1989 . ec etary inutes of the Historical Landmark Committee and the Planning Commission are on file and available for inspection at Room 406 , City and County Building , 451 South State Street . i a3, /u STAFF RECOMMENDATION INTERLOCAL AGREEMENTS DECEMBER 8, 1989 STAFF RECOMMENDATION: LEE KING ACTION OF COUNCIL: Approve four (4+) interlocal agreements between Salt Lake City Corporation, Metropolitan Water District of Salt Lake City, and Sandy City Corporation. BACKGROUND INFORMATION: On May 31 , 1988, the Sandy City Council petitioned the Metropolitan Water District of Salt Lake City to annex into the District. On January 9, 1989, Metro's Board of Directors passed a resolution setting forth the terms and conditions for annexation. The key elements of those conditions are: Metro would pay $2,500,000 towards the construction of three segments of water conveyance pipelines within the Northwest Quadrant. One section of pipeline will connect the Jordan Aqueduct to the Victory Road Reservoir; one section will tie a major supply line on California Avenue and 8th West; the final section will tie the Jordan Aqueduct to a major supply line at 7th South and 5600 West. (Item El) Salt Lake City and Metro would exchange water rights for 2,000 acre-feet of water in two City wells for 2,000 acre- feet of water in the Little Dell Project. Metro in turn would sell the wells and water rights to Sandy City. (Item E2) Sandy City would pay for the enlargement of the Parley's Water Treatment Plant at an estimated cost of $8,212,500 to expand the treatment plant in order for Sandy to receive capacity in Metro's Little Cottonwood Water Treatment Plant. The plant expansion and seismic construction improvements are scheduled to begin during the summer of 1990. (Item E3) Salt Lake City and Sandy City would fix the boundary between the two cities for water service areas and future annexation. The boundary agreement sets the boundary as Creek Road from 1300 East easterly to Little Cottonwood Creek and then along Little Cottonwood Creek to the mouth of Little Cottonwood Canyon. Sandy will not annex north of this boundary and will provide service to the south. Salt Lake City will not annex south of the boundary and will provide all services to the north. (Item E14) Metro would provide Sandy City with 25 million gallons per day (mgd) capacity in the Little Cottonwood Water Treatment Plant. Sandy City would have the right to purchase water from Metro beginning in 1992 with 2839 acre-feet increasing yearly until 2020 to a maximum of 7,940 acre-feet. Sandy City residents approved the terms and conditions for annexation in a Special Election on August 29, 1989. STAFF ANALYSIS: The four interlocal 's will enable Salt Lake City to meet its water delivery needs under a conjunctive management plan for Salt Lake County and annexation of Sandy City into the Metropolitan Water District. Council action is requested as soon as possible in order for the construction process to begin. We have placed these items in new business on the agenda to facilitate early action. RECOMMENDED ACTION: Suspend the rules and adopt the resolutions on first reading. RECOMMENDED MOTIONS: I move that we suspend the rules and adopt a resolution approving the interlocal agreement between Salt Lake City and the Metropolitan Water District of Salt Lake City for the construction of three segments of pipeline in the Northwest Quadrant. I move that we suspend the rules and adopt a resolution approving the interlocal agreement between Salt Lake City Corporation and the Metropolitan Water District for exchange of the Little Cottonwood Well and the Richards Ditch Well and 2,000 acre-feet of the water rights therein for water rights of equal value. I move that we suspend the rules and adopt a resolution approving the interlocal agreement between Salt Lake City and Sandy City for the expansion of Parley's Water Treatment Plant. I move that we suspend the rules and adopt a resolution approving the interlocal agreement between Salt Lake City and Sandy City fixing the boundary between the two cities for water service areas and future annexation. ANTICIPATED OPPOSITION: NONE • • LEROY W. HOOTON, JR. . DIRECTOR WENDELL E. EVENSEN, P.E. [�1� I �j r�` D r SUPERINTENDENT S . i` Q 1m rc Ir�l II I 4 ,I, 1 WATER SUPPLY A.WATERWORKS Ah+ \Y,l`�� + 1 E.TIM DOXEY SUPERINTENDENT DEPARTMENT OF.PUBLIC,UTILITIES WATER RECLAMATION I'n'eWATER,SUPPLY-&WATERWORKS., PALMER DEPAULIS JAMES M. LEWIS, CPA. WATER RECLAMATION .= MAYOR CHIEF FINANCE& _ ACCOUNTING OFFICER • 1530_:S.OUTH;WEST TEMPLE- GEORGE JORGENSEN, PE. SALT LAKE CITY, UTAH 84115 CHIEF ENGINEER TO: Salt Lake City Council DATE: December 1, 1989 RE: Interlocal Agreement between Salt Lake City Corporation and the Metropolitan Water District of Salt Lake City for the construction of twe segments of pipeline within the Northwest Quadrant. tree Recommendation: That the Council approve the agreement and forward it to the Mayor for execution in behalf of the City. Availability of Funds: Not applicable. Discussion: In order to increase the City' s capacity for distributing water from the Jordan Aqueduct on the west side of the City, and in connection with the annexation of Sandy City under the Metropolitan Water District of Salt Lake City's Resolution 1633, the District has agreed to pay a total of $2, 500, 000 towards the cost of constructing major water supply lines in the western portion of the City. One section of pipeline will complete the tie between the Jordan Aqueduct and the Victory Road Reservoir, one section of pipeline will tie a major supply line on California Avenue at Redwood Road to another major supply line at California Avenue and 8th West and the final section of pipeline will tie the Jordan Aqueduct to a major supply line at 7th South and 5600 West and will enable the City to meet its water delivery needs under a "conjunctive" management plan for Salt Lake County and annexation of Sandy City into the Metropolitan Water District of Salt Lake City. Submitted by: 1- 0 LEROY W HOOTON J . Director Department of Public Utilities WEE/LWH:dt RESOLUTION NO. OF 1989 AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND METROPOLITAN WATER DISTRICT OF SALT LAKE CITY (MWD) WHEREAS, Title 11, Chapter 13, U.C.A. , 1953, as amended, allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purposes; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1. It does hereby approve the form and substance of the attached agreement, which is one of six ( 6) agreements necessary for Sandy City' s annexation into MWD. This one is entitled "Interlocal Agreement between the Metropolitan Water District of Salt Lake City and Salt Lake City Corporation for the Construc- tion of Two Segments of Pipeline within the Northwest Quadrant. " This agreement is for construction of several segments of pipeline in the City' s Northwest Quadrant, with MWD paying $2,025,000 toward the cost of construction and installation of the pipelines. 2. Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is hereby authorized to execute said agreement on behalf of Salt Lake City Corporation and to act in accordance with its terms, subject to any minor changes which do not materially affect the rights and obligations of the City thereunder. Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: CITY RECORDER MAYOR ATTEST: RLM:rc -2- METROPOLITAN WATER DISTRICT OF SALT LAKE CITY RESOLUTION NO. 1657 WHEREAS, the Board of Directors of the Metropolitan Water District of Salt Lake City adopted Resolution No. 1633 on January 9 , 1988, embodying its Order granting the application of Sandy City for annexation of Sandy City to the Metropolitan Water District of Salt Lake City and fixing the terms and conditions of such annexation; and WHEREAS, the terms and conditions of Resolution No. 1633 require, among other things, the payment by this District of the sum of $2 ,500,000 towards the cost of construction of three seg- ments of water conveyance pipelines within the Northwest Quadrant of Salt Lake City through an Interlocal Agreement between this District and Salt Lake City; and WHEREAS, pursuant to Resolution No. 1633 and the Interlocal Agreement authorized therein, this District paid to Salt Lake City the sum of $475 ,000 on August 11, 1989 , to enable Salt Lake City to proceed with the engineering, construction and installa tion of one segment of such water conveyance pipeline; and WHEREAS, the Board of Directors has reviewed the 11-24-89 draft designated "INTERLOCAL AGREEMENT BETWEEN THE METROPOLITAN I333 WATER DISTRICT OF SALT LAKE CITY AND SALT LAKE CITY CORPORATION FOR THE CONSTRUCTION OF TWO SEGMENTS OF PIPELINE WITHIN THE NORTHWEST QUADRANT" and hereby determines that the interests of this District and the public interest and necessity require the execution and implementation of the foregoing Interlocal Agree- ment. NOW, THEREFORE, BE IT RESOLVED and it is hereby RESOLVED that the Board of Directors hereby approves the form and sub- stance of the 11-24-89 draft designated "INTERLOCAL AGREEMENT BETWEEN THE METROPOLITAN WATER DISTRICT OF SALT LAKE CITY AND SALT LAKE CITY CORPORATION FOR THE CONSTRUCTION OF TWO SEGMENTS OF PIPELINE WITHIN THE NORTHWEST QUADRANT" and the Chairman of this Board and the Secretary or Assistant Secretary be and are hereby authorized, empowered and directed to execute said Interlocal Agreement for and on behalf of the Metropolitan Water District of Salt Lake City, subject to any minor changes which do not materially affect the rights or obligations of this District thereunder. ADOPTED by the Board of Directors of the Metropolitan Water District of Salt Lake City on this 27th day of November, 1989, upon roll call as follows : Director Anderson Director Bader Director Moreton Ex Officio Director DePaulis Director Wilson riys3i -2- INTERLOCAL AGREEMENT BETWEEN THE METROPOLITAN WATER DISTRICT OF SALT LAKE CITY AND SALT LAKE CITY CORPORATION FOR THE CONSTRUCTION OF TWO SEGMENTS OF PIPELINE WITHIN THE NORTHWEST QUADRANT This Agreement, entered into in Salt Lake City, Utah, this day of November, 1989 , by and between the Metropolitan Water District of Salt Lake City, a Metropolitan Water District organized and existing under the laws of the State of Utah (hereinafter called "MWD" ) and Salt Lake City Corporation, a municipal corporation of the State of Utah (hereinafter called "SLC" ) . WITNESSETH: i.1"g WHEREAS, Sandy City, by its Resolution No. 88-40C, dated May 17 , 1989 , determined it to be in the best interest of Sandy City and its inhabitants to annex to and become a part of MWD and pursuant thereto Sandy City filed its application with the Board of Directors of MWD for consent to annex Sandy City into MWD; and WHEREAS, the Board of Directors of MWD, by its Resolution No. 1633 , dated January 9 , 1989 , made and entered its Order granting Sandy City' s application and fixing the terms and conditions upon which Sandy City may be annexed to and become a part of MWD and transmitted to the governing body of Sandy City a copy of its Order granting Sandy City' s application and containing the terms and conditions thereof; and WHEREAS, to provide limited capacity in the Salt Lake Aqueduct and Little Cottonwood Water Treatment Plant for delivery of municipal and industrial water to Sandy City, Paragraph No. 2 of Resolution No. 1633 provides for the construction of three segments of water conveyance pipelines within the northwest quadrant of SLC; and WHEREAS, pursuant to Resolution No. 1633 , MWD and SLC entered into that certain Interlocal Agreement entitled "Interlocal Agreement Between the Metropolitan Water District of Salt Lake City and Salt Lake City Corporation for the ConstXction of Pipeline Within the Northwest Quadrant" , dated June f+, 1989, whereby on August 11, 1989, MWD paid over to SLC $475 ,260 to enable SLC to proceed with the engineering, consttion and installation of the 30-inch pipeline from 2910 West ftlifornia Avenue to Pioneer Road; and AREAS, to satisfy in full the terms and conditions of annexsiion set forth in Paragraph No. 2 of Resolution No. 1633 , it is ecessary that MWD and SLC enter into this Interlocal Agreet whereby MWD will pay $2 ,025 ,000 toward the cost of consttion and installation of said pipelines . I, THEREFORE, in consideration of the mutual benefits whichavill accrue to the parties hereto, the parties agree as follows: 2 1 . MWD shall pay to SLC $2, 025 ,000 upon execution of this Agreement toward the cost of construction and installation of the pipelines within the northwest quadrant of SLC. 2 . In the event that Sandy City is annexed to MWD, the $2 ,025 , 000 paid to SLC by MWD in accordance with paragraph 1 above shall become a general obligation of MWD. In the event Sandy City is not annexed to MWD on January 2, 1992, SLC shall repay to MWD $2 , 025,000, plus accumulated interest in an amount to be determined in accordance with Paragraph No. 3 below. Such repayment obligation may be paid in installments as determined by SLC, but in any event shall be paid in full by SLC to MWD on or before June 30 , 1993 . 3 . Accumulated interest shall be that amount which MWD }syi; would have otherwise received on its investment of the monies expended pursuant to this Agreement from the date of expenditure until repaid, and the rate of interest shall be the same as the rate of interest received by MWD under its Daily Repurchase Agreement with Zions First National Bank, South Temple Branch, Salt Lake City, Utah, as long as the same shall remain in effect, and thereafter at the average rate of interest received by MWD' s other deposited funds . 4 . Nothing contained in this Agreement shall be construed to create a debt contrary to Article XIV, Section 3 , of the Utah Constitution. 3 5 . This Interlocal Agreement embodies the entire agreement between the parties hereto and cannot be altered, except by written instrument signed by each of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the day and year first above written. ATTEST: METROPOLITAN WATER DISTRICT OF SALT LAKE CITY By Secretary Chairman ATTEST: SALT LAKE CITY CORPORATION By City Recorder Mayor 10\MTW\intagr 4 LEROY W. HOOTON, JR. J, • DIRECTOR - - F_' WENDELL E. EVENSEN, P.E. (�1{{{��� SUPERINTENDENT �L•fli -i ,lj�'r f e 192 WATER SUPPLY&WATERWORKS Si lY E. TIM DOXEY LL' SUPERINTENDENT DEPARTMENT.OF.PUBLIC UTILITIES WATER RECLAMATION WNATER:SUPPLY,& WATERWORKS;; PALMER DEPAULIS JAMES M. LEWIS, C.PA. • WATER'IRECLAMATION,�E•• >;t MAYOR CHIEF FINANCE 8 �` �- ACCOUNTING OFFICER :153O7SO- EST_=TEMPLE,` GEORGE JORGENSEN, PE. SALT'LAKE CITY, UTAH 84115 CHIEF ENGINEER TO: Salt Lake City Council DATE: December 1, 1989 RE: Interlocal Agreement between Salt Lake City Corporation and the Metropolitan Water District of Salt Lake City for exchange of the Little Cottonwood Well and the Richards Ditch Well and 2,000 acre feet of the water rights therein for water rights of equal value. Recommendation: That the Council approve the agreement and forward it to the Mayor for execution in behalf of the City. Availability of Funds: Not applicable. Discussion: As a part of Sandy City' s petition for annexation in the Metropolitan Water District of Salt Lake City and the District' s Resolution No. 1633, Salt Lake City and the Metropolitan Water District of Salt Lake City will exchange water rights of 2, 000 acre feet of water in the City' s Little Cottonwood and Richards Ditch Wells for 2,000 acre feet of water owned by the District in the Little Dell Lake project. The District in turn will sell the Little Cottonwood Well and the Richards Ditch Well and the 2, 000 acre feet of water rights obtained from Salt Lake City to Sandy City in order to provide water needed in the northern portions of Sandy City. In exchange Salt Lake City will obtain 2, 000 acre feet of water rights that can be treated in the City' s Parley' s Water Treatment Plant and delivered into the City' s water distribution system. This water is very important to the City because of its location near Salt Lake City and due to its eleva- tion which permits a gravity flow of water to all sections of the City. Submitted by: tki4t i&J, -i-Voa-tr, LEROY W. HOOTON JR Director Department of Public Utilities WEE/LWH:dt • RESOLUTION NO. OF 1989 AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND METROPOLITAN WATER DISTRICT OF SALT LAKE CITY (MWD) WHEREAS, Title 11, Chapter 13, U.C.A. , 1953, as amended, allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purposes; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1. It does hereby approve the form and substance of the attached agreement, which is one of six ( 6 ) agreements necessary for Sandy City' s annexation into MWD. This one is entitled "Interlocal Agreement between Metropolitan Water District of Salt Lake City and Salt Lake City Corporation for Exchange of the Little Cottonwood Well and the Water Rights therein for Water Rights of Equal Use Value. " This agreement involves the exchange of the City' s Little Cottonwood and Richards Ditch Wells, together with a 2 ,000 acre foot water right in the Little Cottonwood Well in exchange for a 2, 000 acre foot water right of MWD in Little Dell Reservoir. 2. Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is hereby authorized to execute said agreement on behalf of Salt Lake City Corporation and to act in accordance with its terms, subject to any minor changes which do not materially affect the rights and obligations of the City thereunder. Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: CITY RECORDER MAYOR ATTEST: RLM:rc -2- METROPOLITAN WATER DISTRICT OF SALT LAKE CITY RESOLUTION NO. 1655 WHEREAS, the Board of Directors of the Metropolitan Water District of Salt Lake City adopted Resolution No. 1633 on January 9 , 1988, embodying its Order granting the application of Sandy City for annexation of Sandy City to the Metropolitan Water District of Salt Lake City and fixing the terms and conditions of such annexation; : and WHEREAS, the terms and conditions of Resolution No. 1633 require, among other things , the acquisition by this District of the Little Cottonwood Well and the Richards Ditch Well, together with 2,000 acre-feet annually of water rights therein from Salt Lake City by an exchange of water rights and facilities of equal use value through an Interlocal Agreement between this District and Salt Lake City; and WHEREAS, the Board of Directors has reviewed the 11-24-89 draft designated "INTERLOCAL AGREEMENT BETWEEN THE METROPOLITAN WATER DISTRICT OF SALT LAKE CITY AND SALT LAKE CITY CORPORATION FOR EXCHANGE OF THE LITTLE COTTONWOOD WELL AND THE RICHARDS DITCH i WELL AND THE WATER RIGHTS THEREIN FOR WATER RIGHTS OF EQUAL USE VALUE" and hereby determines that the interests of this District and the public interest and necessity require the execution and implementation of the foregoing Interlocal Agreement. NOW, THEREFORE, BE IT RESOLVED and it is hereby RESOLVED that the Board of Directors hereby approves the form and subs- tance of the 11-24-89 draft designated "INTERLOCAL AGREEMENT BETWEEN THE METROPOLITAN WATER DISTRICT OF SALT LAKE CITY AND SALT LAKE CITY CORPORATION FOR EXCHANGE OF THE LITTLE COTTONWOOD WELL AND THE RICHARDS DITCH WELL AND THE WATER RIGHTS THEREIN FOR WATER RIGHTS OF EQUAL USE VALUE" and the Chairman of this Board and the Secretary or Assistant Secretary be and are hereby • authorized, empowered and directed to execute said Interlocal Agreement for and on behalf of the Metropolitan Water District of Salt Lake City, subject to any minor changes which do not materi- ally affect the rights or obligations of this District there- under. ADOPTED by the Board of Directors of the Metropolitan Water District of Salt Lake City on this 27th day of November, 1989 , upon roll call as follows : Director Anderson Director Bader Director Moreton Ex Officio Director DePaulis • Director Wilson INTERLOCAL AGREEMENT BETWEEN METROPOLITAN WATER DISTRICT OF SALT LAKE CITY AND SANDY CITY CORPORATION FOR THE SALE OF THE LITTLE COTTONWOOD WELL AND THE RICHARDS DITCH WELL AND WATER RIGHT FOR 2 ,000 AF OF WATER ANNUALLY This Agreement is entered into in Salt Lake City, Utah, this day of November, 1989, by and between the Metropolitan Water District of Salt Lake City, a metropolitan water district organized and existing under the laws of the State of Utah (hereinafter "MWD" ) and Sandy City Corporation, a municipal corporation of the State of Utah (hereinafter "Sandy" ) . WITNESET H: WHEREAS, Sandy, by its Resolution No. 88-40C, dated May 17 , 1988, determined it to be in the best interest of Sandy and its inhabitants to annex into and become a part of MWD, and pursuant thereto, Sandy filed its application with the Board of Directors of MWD for consent to annex Sandy into MWD; and WHEREAS, the Board of Directors of MWD, by its Resolution No. 1633, dated January 9 , 1989 , made and entered its Order granting Sandy' s application and fixing the terms and conditions upon which Sandy may be annexed to and become a part of MWD and transmitted to the governing body of Sandy a copy of its Order granting Sandy' s application and containing the terms and conditions thereof; and WHEREAS, Salt Lake City Corporation, a municipal corporation of the State of Utah (hereinafter "SLC" ) , is the owner of the Little Cottonwood Well situated at approximately 2300 East and Little Cottonwood Creek, together with the right to the use of six ( 6 . 0) cubic feet per second ( "cfs" ) of water therefrom for year around municipal use evidenced by Application No. 57-2403 (A25558b) , as amended by Change Application No. a-3508, both approved by the Utah State Engineer on July 28, 1959 , and four (4 .0 ) cfs of water therefrom for year around municipal use evidenced by Application No. 57-2405 (A25558d) , as amended by Change Application No. a-3853 , both approved by the Utah State Engineer on May 28, 1962; and WHEREAS, SLC is the owner of the Richards Ditch Well situated at approximately 2700 East and Little Cottonwood Creek, together with the right to the use of two and one-half (2 . 5) cfs of water therefrom for exchange of waters of Little Cottonwood Creek for year around domestic and municipal use evidenced by Underground Water Claim No. 4834 ( 57-4408 ) filed in the office of the Utah State Engineer on February 29 , 1936; and WHEREAS, on June 10, 1986 , MWD entered into a Local Cooperation Agreement ( "LCA" ) with the Department of the Army ( "Corps of Engineers" ) and Salt Lake County for the construction of the Little Dell Lake Reservoir, comprising a 20,500 acre-feet ( "AF" ) reservoir (the "Little Dell Project" ) , which is under construction and is scheduled for completion in the month of October 1991 , and when completed will develop an average of 7 ,940 AF annually of municipal and industrial water; and WHEREAS, MWD is the owner of an undivided right to the use of an average of 5 ,218 AF of water annually (or as adjusted 2 pursuant to that certain Interlocal Agreement between MWD and SLC dated August 16 , 1988) evidenced by Approved Application No. 57-3282 (A34877 ) covering the diversion of 27 , 800 AF of water from Parleys Creek and Little Dell Creek for storage in the proposed 20 ,500 AF Little Dell Lake Reservoir on Dell Creek in Salt Lake County, Utah; and WHEREAS, to satisfy in part the terms and conditions of annexation as set forth in paragraph 10 of MWD' s Resolution No. 1633, it is necessary that MWD enter into an interlocal agreement with SLC, whereby MWD will acquire SLC' s Little Cottonwood Well, Richards Ditch Well , well sites and facilities relative thereto, together with a divided right to the use of 2 , 000 AF of water annually from the Little Cottonwood Well and in exchange therefor SLC will acquire a divided right to the use of 2 , 000 AF of water annually from Little Dell Lake Reservoir. NOW, THEREFORE, in consideration of the mutual benefits which will accrue to the parties hereto, the parties agree as follows: 1 . SLC shall convey to MWD by warranty deed the following water right: A divided right to the diversion and use of 2,000 AF of water annually from the Little Cottonwood Well for year around municipal use evidenced by Application No. 57-2403 (A25558b) , as amended by Change Application No. a-3508, both approved by the Utah State Engineer on July 28, 1959 . SLC shall retain the remaining water rights evidenced by Application No. 57-2403 (A25558b) , as amended by Change Application No. a-3508 in excess of the water rights conveyed herein. 3 2 . SLC shall convey to MWD by quitclaim deed the following lands , easements and rights of way: (a) a tract of land in the NW1/4 ,NW1/4 , Section 34 , T2S, R1E , SLB&M, wherein the Little Cottonwood Well is located, being more particularly described as follows : Beginning at a point 577 . 5 feet South and 231 feet more or less East from the Northwest Corner of Section 34, Township 2 South, Range 1 East, Salt Lake Base & Meridian; running thence South 67° East 148.5 feet; thence_ South 58°30' East 140 feet; thence South 33021 ' East 60.58 feet; thence South 48° East 46 . 73 feet; thence West 52 .05 feet; thence North 12 . 0 feet; thence West 165 . 15 feet; thence North 28° West 227 . 69 feet to the point of beginning; excluding from said tract of land a right of way and easement reserved by SLC for SLC' s constructing, operating, repairing and maintaining its existing and future pipelines over, under, across and through said tract of land, and rights of ingress and egress to adjoining lands now owned by SLC. Contains 0 . 54 acres not including street. (b) a tract of land in the SW1/4 ,NE1/4 , Section 34 , T2S, R1E, SLB&M, wherein the Richards Ditch Well is located, being more particularly described as follows : Beginning at a point 642 .45 feet North and 656 . 49 feet East from the Center of Section 34 , Township 2 South, Range 1 East, Salt Lake Base & Meridian; running thence North 74°57 ' West 160 . 0 feet; thence North 15°03 ' East 60 . 0 feet; thence South 74°57 ' East 180 . 65 feet; thence South 0032 ' 52" East 32 .76 feet; thence South 61°03 ' West 40 .95 feet to the point of beginning; excluding from said tract of land a right of way and easement reserved by SLC for SLC' s constructing, operating, repairing and maintaining its existing and future pipelines over, under, across and through said tract of land. Contains 0 . 2482 acres . 4 (c) a perpetual right of way and easement for operating, repairing, maintaining, and equipping the Richards Ditch Well and constructing, operating, repairing and maintaining conveyance pipelines therefrom, over, under, across and through a tract of land in the SW1/4 ,NW1/4 , Section 34 , T2S, R1E, SLB&M, being more particularly described as follows : Beginning at a point 662 . 27 feet North and 692 .32 feet East from the Center of Section 34 , Township 2 South, Range 1 East, Salt Lake Base and Meridian; running thence North 0032' 52" West 32 .76 feet; thence South 74°57 ' East 41 .48 feet; thence South 61003 ' West 45 .42 feet to the point of beginning. Contains 0 . 0150 acres . (d) an undivided interest as tenant in common with SLC to a perpetual right of way and easement granted by Beverly S . Lund on January 28, 1972 , and recorded in Book 3042 , Page 648, Entry No. 2437636, in the office of the Salt Lake County Recorder for operating, repairing, maintaining and equipping the Richards Ditch Well and constructing, operating, repairing and maintaining conveyance pipelines therefrom, over, under, across and through a tract of land in the SW1/4 ,NW1/4 , Section 34 , T2S, R1E, SLB&M, being more particularly described as follows : A 16 feet easement and right of way 8 feet on each side of the following described center line: Beginning at a point on the Northerly right of way line of 8200 South Street, said point being 706 .7 feet South 89°41 ' 22" East and 33 feet North 0032 ' 52" West from the center of Section 34 , Township 2 South, Range 1 East, Salt Lake Base and Meridian; thence North 0°32 ' 52" West 628 .45 feet to a point 8 5 feet perpendicularly distant from the Southerly line of the property described in Book 1158, Page 630, Entry Number 726122 in the Salt Lake County Recorder' s office; thence North 61°03 ' East 70 .45 feet; together with all rights of ingress and egress . 3 . SLC shall transfer and convey to MWD by bill of sale the following: ( a) that certain well situated at approximately 2300 East and Little Cottonwood Creek, but more particularly described as being located South 699 . 2 feet and East 393 .2 feet from the Northwest Corner of Section 34 , T2S, R1E, SLB&M, and all equipment, works and facilities related thereto known as the Little Cottonwood Well, including the casing, all turbine pumps and other pumps and 10 3/4-inch 0 .D. pump column driven by 200 horsepower motor; together with the wellhouse, transformers and all connected and related works and facilities, but excluding SLC' s existing meter, valve and pipeline connected to said well. (b) that certain well , casing and all works and facilities related thereto known as the Richards Ditch Well , situated at approximately 2700 East and Little Cottonwood Creek, but more particularly described as being located North 699 feet and East 539 feet from the Center of Section 34, T2S, R1E, SLB&M. The said personal property as hereinabove described shall be transferred and conveyed, as is, without any warranties or representations by SLC as to fitness, purpose or condition. 4 . SLC shall execute an application to segregate the 2 ,000 AF from Approved Application No. 57-2403 (A25558b) , as amended by Approved Change Application No. a-3508 . Said segregation application shall be filed in the office of the Utah State Engineer within 30 days of the execution of this Agreement. SLC shall execute an assignment of said segregation application in favor of MWD, and deposit said assignment with the depositary as provided in paragraph 9 below. Upon approval of said segregation 6 application by the Utah State Engineer and annexation of Sandy into MWD, the segregated right shall be solely owned by MWD as a divided right to the use of 2 ,000 AF of water annually from the Little Cottonwood Well, and the remaining right therein shall be solely owned by SLC as a divided right to the use of water from the Little Cottonwood Well, and each right shall be equal in priority. MWD and SLC each shall have the obligation at their own cost and expense to perfect their respective divided rights to the use of the waters from the Little Cottonwood Well in accordance with and as required by law. 5 . MWD shall convey to SLC by warranty deed the following water right: A divided right to the annual storage and use of 2 , 000 AF of water in Little Dell Lake Reservoir evidenced by Approved Application No. 57-3282 (A34877) filed in the office of and approved by the Utah State Engineer. Said 2 ,000 AF of water shall be equal in priority to the undivided right to the annual storage and use of the remaining water in Little Dell Lake Reservoir retained and owned by MWD. 6 . MWD shall execute an application to segregate the 2 , 000 AF from Approved Application No. 57-3282 (A34877 ) . Said segregation application shall be filed in the office of the Utah State Engineer within 30 days of the execution of this Agreement. MWD shall execute an assignment of said segregation application in favor of SLC, and shall deposit said assignment with the depositary as provided in paragraph 9 below. Upon approval of said segregation application by the Utah State Engineer and 7 annexation of Sandy into MWD, the segregated right shall be solely owned by SLC as a divided right to the use of 2 , 000 AF of water annually in Little Dell Lake Reservoir, and the remaining right therein ( excluding the right conveyed to SLC pursuant to that certain Interlocal Agreement dated August 16 , 1988) shall be solely owned by MWD as a divided right to the use of water in Little Dell Lake Reservoir, and each right shall be equal in priority. MWD and SLC each shall have the obligation at their own cost and expense to perfect their respective divided rights to the use of the waters of Little Dell Lake Reservoir in accordance with and as required by law. 7 . SLC hereby warrants to MWD that SLC is the owner of the Little Cottonwood Well facilities and Richards Ditch Well facilities; that SLC is entitled to the use of in excess of 2 , 000 Al' of water annually from the Little Cottonwood Well; that the water rights evidenced by Approved Application No. 57-2403 (A25558b) , as amended by Approved Change Application No. a-3508 and Approved Application No. 57-2405 (A25558d) , as amended by Approved Change Application No. a-3853, are now valid and in good standing; that SLC is the owner of said approved applications; and that said approved applications are free and clear of liens and encumbrances . In the event that the Utah State Engineer or a court of competent jurisdiction quantifies or otherwise determines that SLC' s water right in the Little Cottonwood Well , evidenced by Approved Application No. 57-2403 (A25558b) , as amended by Approved Change Application No. a-3508 , was limited to 8 less than 2,000 AF of water annually and that therefor SLC had no right to convey 2,000 AF of water under said approved applications, SLC shall convey to MWD by warranty deed a divided right to that portion of Approved Application No. 57-2405 (A25558d) , as amended by Approved Change Application No. a-3853, equal to the difference between 2,000 AF and the quantity of water to which SLC owned the right to convey pursuant to this Agreement under Approved Application No. 57-2403 (A25558b) , as amended by Approved Change Application No. a-3508. 8 . MWD warrants to SLC that the water right evidenced by Approved Application No. 57-3282 (A34877 ) is now valid and in good standing; that MWD is the owner of said Approved Application (as modified by that certain Interlocal Agreement dated August 16, 1988) ; and that said Approved Application is free and clear of liens and encumbrances . 9 . MWD and SLC shall within 30 days of execution of this agreement deposit with Zions First National Bank, One South Main, Salt Lake City, Utah, as depositary, the duly executed original documents provided for in paragraphs 1 , 2, 3 and 5 above and the duly executed original assignments of the segregation applications provided for in paragraphs 4 and 6 above, for delivery pursuant to the terms of the Escrow Agreement among MWD, SLC, Sandy and Zions First National Bank, a copy of which is attached. 10. MWD and SLC agree that the exchange of the water rights and sources of water supply provided for in this Agreement will 9 result in an exchange of water rights and sources of water supply of equal use value within the meaning of Article XI, Section 6 of the Constitution of Utah. 11 . This Agreement embodies the entire agreement between the parties hereto, and it cannot be altered except by written instrument signed by both parties hereto. 12 . This Agreement shall become effective on the date first above written. In the event that Sandy is not annexed into MWD on or before January 2 , 1992 , this Agreement shall be void. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: METROPOLITAN WATER DISTRICT OF SALT LAKE CITY By Secretary Chairman ATTEST: SALT LAKE CITY CORPORATION By City Recorder Mayor 10\work\mtw\sandy.int 10 • r� E' • s LEROY W. HOOTON, JR. DIRECTOR WENDELL E. EVENSEN, P.E. \ 'A; 1 L�, {►,�, � /�J�rI1T,/'�ryi�\��77 SUPERINTENDENT $� a \MAM\y� IL�Y�YIl\Vx`F.I•f WATER SUPPLY&WATERWORKt l�i�i E. TIM DOXEY of 7G 3 : . Lx i 1i ii I I1'I,x I SUPERINTENDENT DEPARTMENT;OF;RUBLIC',UTILITIES WATER RECLAMATION 4!1' !WATEEl SUPPLY:&WATERWORKS„ PALMER DEPAULIS JAMES M. LEWIS, C.P.A. 4 MAYOR CHIEF FINANCE& ::�, -.WATEMFIECLAMATiakl :i ACCOUNTING OFFICER --�_i+i1_rj`3a,'S'Q'f wEa ;>3TE tE-7- GEORGE JORGENSEN, RE. s UTAH 84 CHIEF ENGINEER SALT LAKE CITY, H411 GJ TO: Salt Lake City Council DATE: December 1, 1989 RE: Interlocal Agreement between Salt Lake City Corporation, Metropolitan Water District of Salt Lake City and Sandy City Corporation for the expansion of Parley' s Water Treatment Plant. Recommendation: That the Council approve the agreement and forward it to the Mayor for execution in behalf of the City. Availability of Funds: Sandy City under this Interlocal Agreement will pay the estimated cost amounting to S8,212, 500 to expand the Parley' s Water Treatment Plant from 28 mgd to 45 mgd as a condition for annexation into the Metropolitan Water District of Salt Lake City under the District' s Resolution 1633. The Salt Lake City Department of Public Utilities has budgeted in its capital improvement budget funds to cover its share of the engineering and construction costs relating to a seismic upgrade at the water treatment plant. The Public Utilities Advisory Committee has recommended a method of financing the estimated seismic construction cost of $4, 661, 300 which will be presented to the City Council at the next budget opening. Discussion: As a condition for Sandy City to annex into the Metropolitan Water District of Salt Lake City, Sandy City has agreed to pay the cost of enlarging the Parley' s Water Treatment Plant in order for them to receive capacity in the Metropolitan Water District' s Little Cottonwood Water Treatment Plant. The capacity increase in the Parley' s Water Treatment Plant is needed to deliver the additional water from the Little Dell Lake project. Sandy City' s commitment was made based on a 1986 engineering study to enlarge this facility. Later the City conducted a seismic study which recommended that the plant required TO: Salt Lake City Council December 1, 1989 Page Two improvements in order to meet current codes. Salt Lake City is responsible to bear the cost of these improvements. The plant expansion and seismic construction improvements are scheduled to begin during the summer of 1990. Submitted by: LEROY W HOOTON JR. (!:) Director Department of Public ities WEE/LWH:dt RESOLUTION NO. OF 1989 AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND METROPOLITAN WATER DISTRICT OF SALT LAKE CITY (MWD) AND SANDY CITY WHEREAS, Title 11, Chapter 13, U.C.A. , 1953, as amended, allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purposes; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1. It does hereby approve the form and substance of the :•b!% attached agreement, which is one of six ( 6 ) agreements necessary for Sandy City' s annexation into MWD. This one is entitled "Interlocal Agreement among the Metropolitan Water District of Salt Lake City, Salt Lake City Corporation and Sandy City Corporation for the Expansion of the Parley' s Water Treatment Plant. " This agreement is for expansion of the City' s Parley' s Water Treatment Plant to handle the added water from Little Dell Dam and Reservoir, all of which, except seismic improvements, Sandy agrees to pay for to receive water from MWD. 2. Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is hereby authorized to execute said agreement on behalf of Salt Lake City Corporation and to act in accordance with its terms, subject to any minor changes which do not materially affect the rights and obligations of the City thereunder. Passed by the City Council of Salt Lake City, Utah, this day of , 1989. SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: CITY RECORDER • MAYOR • yu& ATTEST: • RLM:rc -2- METROPOLITAN WATER DISTRICT OF SALT LAKE CITY RESOLUTION NO. 1654 WHEREAS, the Board of Directors of the Metropolitan Water District of Salt Lake City adopted Resolution No. 1633 on January 9 , 1988, embodying its Order granting the application of Sandy City for annexation of Sandy City to the Metropolitan Water District of Salt Lake City and fixing the terms and conditions of such annexation; and WHEREAS, the terms and conditions of Resolution No. 1633 include, among other things, the enlargement of Salt Lake City' s Parley' s Water Treatment Plant ( "PWTP" ) through an Interlocal Agreement between this District and Salt Lake City and the financing of such enlargement by Sandy City; and WHEREAS, pursuant to Resolution No. 1633 this District provided the initial financing of the design phase engineering for the enlargement and seismic upgrading of the PWTP under an Interlocal Agreement between this District and Salt Lake City dated April 11, 1989, as amended October 30 , 1989; and WHEREAS, the Board of Directors has reviewed the 11-24-89 draft designated "INTERLOCAL AGREEMENT AMONG THE METROPOLITAN WATER DISTRICT OF SALT LAKE CITY, SALT LAKE CITY CORPORATION, AND SANDY CITY CORPORATION FOR THE EXPANSION OF THE PARLEY' S WATER TREATMENT PLANT" and hereby determines that the interests of this District and the public interest and necessity require the execu- tion and implementation of the foregoing Interlocal Agreement. NOW, THEREFORE, BE IT RESOLVED and it is hereby RESOLVED that the Board of Directors hereby approves the form and sub- stance of the 11-24-89 draft designated "INTERLOCAL AGREEMENT AMONG THE METROPOLITAN WATER DISTRICT OF SALT LAKE CITY, SALT LAKE CITY CORPORATION, AND SANDY CITY CORPORATION FOR THE EXPAN- SION OF THE PARLEY' S WATER TREATMENT PLANT" and the Chairman of this Board and the Secretary or Assistant Secretary be and are hereby authorized, empowered and directed to execute said Interlocal Agreement for and on behalf of the Metropolitan Water District of Salt Lake City, subject to any minor changes which do not materially affect the rights or obligations of this District thereunder. ADOPTED by the Board of Directors of the Metropolitan Water District of Salt Lake City on this 27th day of November, 1989, upon roll call as follows : Director Anderson Director Bader Director Moreton Ex Officio Director DePaulis Director Wilson INTERLOCAL AGREEMENT AMONG THE METROPOLITAN WATER DISTRICT OF SALT LAKE CITY, SALT LAKE CITY CORPORATION AND SANDY CITY CORPORATION FOR THE EXPANSION OF THE PARLEY' S WATER TREATMENT PLANT This Agreement entered into in Salt Lake City, Utah, this day of November, 1989, by and among the Metropolitan Water District of Salt Lake City, a metropolitan water district organized and existing under the laws of the State of Utah (hereinafter "MWD" ) , Salt Lake City Corporation, a municipal corporation of the State of Utah (hereinafter "SLC" ) and Sandy City Corporation, a municipal corporation of the State of Utah (hereinafter "Sandy" ) . W I T N E S S E T H: WHEREAS, Sandy, by its Resolution No. 88-40C, dated May 17 , 1988, determined it to be in the best interest of Sandy and its inhabitants to annex into and become a part of MWD, and pursuant thereto, Sandy filed its application with the Board of Directors of MWD for consent to annex Sandy into MWD; and WHEREAS, the Board of Directors of MWD, by its Resolution No. 1633 , dated January 9 , 1989 , made and entered its Order granting Sandy' s application and fixing the terms and conditions upon which Sandy may be annexed to and become a part of MWD and transmitted to the governing body of Sandy a copy of its Order granting Sandy' s application and containing the terms and conditions thereof; and WHEREAS, SLC is within the boundaries of MWD and is the owner of the Parley' s Water Treatment Plant (the "PWTP" ) , which is situated in Parley' s Canyon and utilized by SLC to treat the waters to which SLC is entitled from Parley' s Creek, including the waters stored in Mountain Dell Reservoir; and WHEREAS, on June 10, 1986, MWD entered into a Local Cooperation Agreement ( "LCA" ) with the Department of the Army ( "Corps of Engineers" ) and Salt Lake County for the construction of the Little Dell Lake Reservoir, comprising a 20,500 acre-feet reservoir (the "Little Dell Project" ) , which is under construction and is scheduled for completion in the month of October 1991 , and when completed will develop an average of 7 , 940 AF annually of municipal and industrial water; and .At WHEREAS, the enlargement of the PWTP and related facilities is necessary to provide additional capacity for the treatment and conveyance of additional waters to be developed for municipal and industrial use from the Little Dell Project for use by SLC and thereby effectively make defined capacity available in the Salt Lake Aqueduct (the "SLA" ) and Little Cottonwood Water Treatment Plant (the "LCWTP" ) to enable MWD to deliver municipal and industrial water to Sandy for its use; and WHEREAS, pursuant to Resolution No. 1633 , MWD and SLC entered into that certain Interlocal Agreement entitled "Interlocal Agreement between the Metropolitan Water District of 2 Salt Lake City and Salt Lake City Corporation for Engineer' s fees for Design of Expansion of the Parley' s Water Treatment Plant" , dated April 11 , 1989 , as amended October 30, 1989 , ( "Design Phase Interlocal Agreement" ) ; and WHEREAS, the design phase professional engineering services related to the enlargement of the PWTP will be completed pursuant to that certain contract between MWD and Horrocks & Carollo Engineers, entitled "Engineering Agreement for Modifications and Expansion of Parley' s Water Treatment Plant - Design Phase" , dated April 18, 1989 , as amended October 30, 1989 , ( "Design Phase Contract" ) ; and WHEREAS, the PWTP is also in need of seismic upgrading to meet current seismic standards , and SLC deems it advisable to include within the Design Phase Contract engineering design services related to seismic upgrades, and SLC deems it advisable to have such seismic upgrades completed at SLC' s cost as a part of the engineering and construction of the PWTP expansion project; and WHEREAS, to satisfy the terms and conditions of annexation set forth in paragraph 1 of MWD Resolution No. 1633 , it is necessary that MWD, SLC and Sandy enter into an interlocal agreement whereby Sandy will finance the entire cost of enlarging the PWTP (excluding the engineering and construction costs of completing seismic upgrades to the PWTP) Sc as to provide defined 3 capacity in the SLA and LCWTP to enable MWD to deliver municipal and industrial water to Sandy for its use. NOW, THEREFORE, in consideration of the mutual benefits which will accrue to the parties hereto, the parties agree as follows: 1 . This Interlocal Agreement shall become effective upon the execution by MWD of the Certificate of Proceedings as provided for in Utah Code Ann. § 73-8-49 ( 2) and the delivery thereof to Zions First National Bank, One South Main, Salt Lake City, Utah, as depositary pursuant to the Escrow Agreement among MWD, SLC, Sandy and Zions First National Bank, a copy of which is attached hereto. 2 . MWD has provided the initial financing of the design phase engineering for the enlargement and seismic upgrading of the PWTP, to provide capacity in the SLA and LCWTP to enable MWD to deliver municipal and industrial water to Sandy for its use as defined in MWD Resolution No. 1633 . 3 . SLC shall select a professional engineering firm to provide construction phase engineering services and a contractor to construct the PWTP enlargement and shall enter into construction phase engineering and construction contracts necessary to enlarge the PWTP (the "PWTP Enlargement" ) , provided Sandy has deposited funds into a restricted account pursuant to paragraph 4 below. 4 f ; 4 . Sandy shall pay all engineering and construction costs and expenses for enlarging the PWTP ( excluding the engineering and construction costs of completing seismic upgrades at the PWTP) pursuant to plans and specifications to be provided by Horrocks & Carollo Engineers under the Design Phase Contract. Payment shall be made in accordance with the following: ( a) Sandy shall deposit with Zions First National Bank, One South Main Street, Salt Lake City, Utah, into a restricted account in the name of MWD (the "Restricted Account" ) , a sum equal to the amount of the construction phase engineering and construction contracts approved by SLC, excluding the engineering and construction costs of completing seismic upgrade, plus ten percent ( 10%) , plus the cost of engineering under the Design Phase Contract. The foregoing amount shall be deposited by Sandy after written notice from SLC at least fifteen ( 15 ) days prior to the date on which the construction contract is proposed to be awarded by SLC (anticipated to be mid-April, 1990 ) , provided, however, SLC shall not award the construction phase engineering or construction contracts until after the foregoing deposit has been made. (b) MWD shall be authorized to withdraw funds from the Restricted Account to reimburse MWD for all engineering costs and expenses incurred by MWD pursuant to the Design 5 Phase Interlocal Agreement and the Design Phase Contract (excluding the engineering and construction costs of completing seismic upgrades at the PWTP) , together with accumulated interest thereon as defined in paragraph 7 hereinafter. (c) SLC shall certify to MWD the payments required to be paid the engineer and contractor pursuant to the contracts under paragraph 3 hereinabove at least fifteen ( 15 ) days prior to the due date thereof, and MWD shall make such payments directly to the engineer and construction contractor by withdrawals from the Restricted Account within fifteen ( 15) days after receipt by MWD of each certification from SLC. (d) The Restricted Account shall be an interest bearing account and all interest earnings shall be retained therein until such time as the Restricted Account is terminated in accordance with subparagraph ( f) herein. ( e) In the event the balance in the Restricted Account is less than the amount necessary to complete the construction of the PWTP Enlargement and the payment of the remaining engineering services (excluding the engineering and construction costs of completing seismic upgrades at the PWTP) all as determined by MWD, Sandy shall deposit such additional amount into the Restricted Account within ninety 6 (90) days after written notice from MWD of the additional amount required. ( f) Within fifteen (15) days after payment in full for all engineering services and costs of construction of the PWTP Enlargement (excluding the engineering and construction costs of completing seismic upgrades at the PWTP) , as provided for above, any balance in the Restricted Account shall be withdrawn by MWD and paid over to Sandy, thereby terminating the Restricted Account. 5 . It is acknowledged that closing the PWTP during construction of the PWTP Enlargement will result in a savings of construction costs . SLC and Sandy jointly will determine by written agreement whether the PWTP will be closed and inoperable during construction. In such event, SLC may be required to purchase additional municipal and industrial water during that period from MWD to replace the waters not then available for use by SLC from Mountain Dell Reservoir. Sandy shall pay to SLC $167 , 123 . 00 as Sandy' s share for such replacement water purchases . In the event SLC and Sandy do not agree to so close the PWTP, it shall remain open and operable . 6 . In the event that Sandy is not annexed to MWD, all costs and expenses incurred by Sandy under this Agreement shall not be reimbursable; provided, however, in the event that SLC utilizes the design engineering services under the Design Phase Contract 7 to enlarge the PWTP, SLC shall reimburse Sandy for all costs and expenses, plus accumulated interest paid to MWD by Sandy related to said contracts . 7 . Accumulated interest payable to MWD shall be that amount which MWD would have otherwise received on its investment of the monies expended pursuant to this Agreement from the date of expenditure until repaid, and the rate of interest shall be the same as the rate of interest received by MWD under its Daily Repurchase Agreement with Zions First National Bank, South Temple Branch, Salt Lake City, Utah, as long as the same shall remain in effect, and thereafter at the average rate of interest received by MWD' s other deposited funds . 8 . Nothing contained in this Agreement shall be construed to create a debt contrary to Article XIV, Section 3 of the Utah Constitution. 9 . This Interlocal Agreement supersedes said Design Phase Interlocal Agreement and embodies the entire agreement among the parties hereto, and it cannot be altered except by written instrument signed by each of the parties hereto . 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. ATTEST: METROPOLITAN WATER DISTRICT OF SALT LAKE CITY By Secretary Chairman ATTEST: SALT LAKE CITY CORPORATION By City Recorder Mayor ATTEST: SANDY CITY CORPORATION By City Recorder Mayor 10\MI14\16002.001\PWTP.EXP 9 CON RACT ROUTING O R M REQUESTING DEPARTMENT/DIVISION DATE Public utilities 11-5-89 DEPARTMENTAL CONTACT PHONE Tim Doxey 483-6771 NAME OF CONTRACTING PARTY REF # Interlocal Agreement between Salt Lake City Corporation and Sandy City SUBJECT Yes No Number of Copies 18 Insurance Required Expected Completion Insurance Attached RECORDER Please have City Council approve without the Mayor's signature` Send original back to Public Utilities FINANCE Contract No. Vendor No. Account No. Funds Available Funds Not Needed ATTORNEY APPROVED AS TO FORM Date By COPY DISTRIBUTION Date To LEROY W. HOOTON, JH. DIRECTOR WENDELL E. EVENSEN, PE. SUPERINTENDENT !' ' . M0109.111 WATER SUPPLY 8 WATERWORKS � E TIM DOXEY SUPERINTENDENT DEPARTMENT OFYUBLIC UTILITIES WATER RECLAMATION WATER SUPPLY,& WATERWORKS,, PALMER DEPAULIS JAMES M. LEWIS, C.P.A. WATER RECLAMATIO MAYOR CHIEF FINANCE a • N ACCOUNTING OFFICER 1530;SOU)i.WEST TEMPLE GEORGE JORGENSEN, PE SALT LAKE CITY, UTAH 84115 CHIEF ENGINEER TO: Salt Lake City Council DATE: December 1, 1989 RE: Interlocal Agreement between Salt Lake City Corporation and Sandy City fixing the boundary between the two cities for water service areas and future annexation. Recommendation: That the Council approve this interlocal agreement and forward it to the Mayor for execution in behalf of the City. Availability of Funds: Not applicable. Discussion: As part of Sandy City' s petition to annex into the Metropolitan Water District of Salt Lake City and the District' s Resolution No. 1633, Sandy City and Salt Lake City shall enter into a boundary agreement between the City' s water service area and Sandy City' s corporate limits. This boundary agreement sets the boundary as Creek Road from 1300 East easterly to Little Cottonwood Creek and then along Little Cottonwood Creek to the mouth of Little Cottonwood Canyon; Sandy will not annex north of said boundary nor extend its services north of said boundary. Salt Lake City will not annex south of said boundary but will honor its exchange agreement with the Richards Ditch Irrigation Company south of said boundary. The purpose of this agreement is to avoid the duplica- tion of services and to provide efficient delivery of water service to the two service areas. Submitted by: LEROY W. HOOTON J . Director Department of Public tilities LWH:dt RESOLUTION NO. OF 1989 AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND SANDY CITY WHEREAS, Title 11, Chapter 13, U.C.A. , 1953, as amended, allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purposes; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1 . It does hereby approve the form and substance of the attached agreement which is one of six ( 6 ) agreements necessary for Sandy City' s annexation into the Metropolitan Water District of Salt Lake City. This one is entitled "Sandy and Salt Lake City Interlocal Cooperation and Boundary Agreement. " This agreement fixes a water service and annexation boundary between Sandy City and Salt Lake City. 2. Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is hereby authorized to execute said agreement on behalf of Salt Lake City Corporation and to act in accordance with its terms, subject to any minor changes which do not materially affect the rights and obligations of the City Thereunder. Passed by the City Council of Salt Lake City, Utah, this day of , 1989. SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: CITY RECORDER MAYOR ATTEST: RLM:rc RNAN E APPROVAL Funds Not N cd ! to V 0.S \v rov Funds Available Contract rE ATTORNEY APPROVAL APPROVED AS TO FORM —2— Beginning at a point at the centerline intersection of the Little Cottonwood Creek and the South Fork of the Little Cottonwood Canyon Road. Thence due South 5, 280 feet more or less also from said point of beginning running thence Northwesterly along the centerline of the said Little Cottonwood Creek to a point at the centerline of Little Cottonwood Creek Road at about 2700 East, thence westerly along the centerline of said Little Cottonwood Creek Road approximately two miles to the intersection with the centerline of Thirteen Hundred East Street and Old Little Cottonwood Creek Road at approximately 7400 South, thence northerly along said Thirteen Hundred East Street to the intersection of the East bound lane of Highway I-215, thence westerly along said centerline. Salt Lake City shall serve water to those properties within its exchanges that are approximately south and west of the above described boundaries as follows: Those properties fronting on North Union Avenue, Union Avenue, South Union Avenue, 1020 East Street and 1105 East Street between 1300 East Street and the East Jordan Canal Extension. Also, those properties fronting on the South side of Little Cottonwood Creek Road between 1300 East Street and the Little Cottonwood Creek ( at about 2700 East) . Also, those properties served under i the South Despain Ditch Co. Agreement with Salt Lake City near the Mouth of Little Cottonwood Canyon. Proofed by 1/—.2 %Z j Beginning at a point at the centerline intersection of the Little Cottonwood Creek and the South Fork of the Little Cottonwood Canyon Road. Thence due South 5, 280 feet more or less also from said point of beginning running thence Northwesterly along the centerline of the said Little Cottonwood Creek to a point at the centerline of Little Cottonwood Creek Road at about 2700 East, thence westerly along the centerline of said Little Cottonwood Creek Road approximately two miles to the intersection with the centerline of Thirteen Hundred East Street and Old Little Cottonwood Creek Road at approximately 7400 South, thence northerly along said Thirteen Hundred East Street to the intersection of the East bound lane of Highway 4-215, thence westerly along said centerline. Salt Lake City shall serve water to those properties within its exchanges that are approximately south and west of the above described boundaries as follows: Those properties fronting on North Union Avenue, Union Avenue, South Union Avenue, 1020 East Street and 1105 East Street between 1300 East Street and the East Jordan Canal Extension. Also, those properties fronting on the South side of Little Cottonwood Creek Road between 1300 East Street and the Little Cottonwood Creek (at about 2700 East) . Also, those properties served under the South Despain Ditch Co. Agreement with Salt Lake City near the Mouth of Little Cottonwood Canyon. t7.'y Proofed by 7 0 I _-�_. - _' I \` F •ih .y � M 1179.y I [�,1 -- •I I; }/- - C ! 1 yy'_. f I' r i - f�v cg' n.. •�m•,,C'>� La � Nn m i li: j :.�__. .- � i�� ! ,-.4 L. 1-- /• �I: I Ft-.�L • f [," •1.1••In Ej „ n 7,y,,'r! � i�`Ld• ;,1' 1 II. �_Y'� .Ir in 3l/ -�I 1 �i a, *ls H „o_.-'it y ilf{hI 1 O/ , i r :p.m r I �I I -' . k� F �,, C„.. :i _ '. ., �V. li 11�...!�1 a�� ',I pi _ p I i'4c'�•�c a _`,. C I OdOa H332i0 a00MNO11A0 __ r I it;milli* f' hl;.y s; !j • °�' xEj 1 , . a ,._ ,_ire_, ' �2 •* ! / i.:t "man. k ,a ENS' �� 1 0 3lllll 3Hl 1 0 oom -- mo, I '• ice•-,a+ �'v - .' 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SANDY AND SALT LAKE CITY INTERLOCAL COOPERATION AND BOUNDARY AGREEMENT THIS AGREEMENT is made and executed this day of , by and between SALT LAKE CITY CORPORATION, a municipal corporation of the State of Utah, hereinafter "City" , and SANDY CITY CORPORATION, a municipal corporation of the State of Utah, hereinafter "Sandy" . WITNESSET H: WHEREAS, Sandy, by its Resolution NO. 88-40C, dated May 17 , 1988, determined it to be in the best interest of Sandy and its inhabitants to annex into and become a part of Metropolitan Water District, hereinafter "MWD" , and pursuant thereto, Sandy filed its application with the Board of Directors of MWD for consent to annex Sandy into MWD: and WHEREAS, the Board of Directors of MWD, by its Resolution No. 1633 , dated January 9, 1989 , made and entered its Order granting Sandy' s application and fixing the terms and conditions upon which Sandy may be annexed to and become a part of MWD and transmitted to the governing body of Sandy a copy of its Order granting Sandy' s application and containing the terms and conditions thereof; and WHEREAS, as part of the consideration for said Annexation into MWD, the City and Sandy desire to establish a boundary for annexation and water service between the two cities , the terms and conditions of which are set forth hereafter; and WHEREAS, the parties enter into this Agreement pursuant to their statutory powers and the provisions of the Utah Interlocal Cooperation Act. NOW, THEREFORE, in consideration of the mutual promises, terms and conditions hereof , the parties agree as follows : 1 . BOUNDARY DETERMINATION. Sandy and City agree that it is in the best interests of both parties and their residents to have a boundary between them set beyond which both parties agree not to annex or serve water. It is acknowledged by Sandy that the settling, determining and fixing of said boundary is a primary consideration received from Sandy by the City for the City' s allowing Sandy to be annexed into MWD without any resistance, and without requiring that it pay a larger and more equitable price for acquiring an interest in the facilities of MWD, all of which have been paid for by Salt Lake City' s taxpayers over the life and existence of MWD. In consideration of the foregoing, the parties agree that Sandy will not annex north of the below-described line, and City will not annex south of the below-described line, nor will either party serve -2- water to any customers beyond said boundary except as Salt Lake City may be required to serve water to customers south of said boundary pursuant to its obligations under presently existing water exchange agreements with third parties: Beginning at a point at the centerline intersection of the Little Cottonwood Creek and the South Fork of the Little Cottonwood Canyon Road. Thence due South 5,280 feet more or less also from said point of beginning running thence Northwesterly along the centerline of the said Little Cottonwood Creek to a point at the centerline of Little Cottonwood Creek Road at about 2700 East, thence westerly along the centerline of said Little Cottonwood Creek Road approximately two miles to the intersection with the centerline of Thirteen Hundred East Street and Old Little Cottonwood Creek Road at approximately 7400 South, thence northerly along said Thirteen Hundred East Street to the intersection of the East bound lane of Highway 1-215, thence westerly along said centerline. Salt Lake City shall serve water to those properties within its exchanges that are approximately south and west of the above described boundaries as follows : Those properties fronting on North Union Avenue, Union Avenue, South Union Avenue, 1020 East Street and 1105 East Street between 1300 East Street and the East Jordan Canal Extension. Also, those properties fronting on the South side of Little Cottonwood Creek Road between 1300 East Street and the Little Cottonwood Creek (at about 2700 East) . Also, those properties served under the South Despain Ditch Co. Agreement with Salt Lake City near the Mouth of Little Cottonwood Canyon. 2 . JOINT AGREEMENT ON DEVELOPMENT PRINCIPLES. The parties agree that in addition to the foregoing, the following principles are among those which underlie the reasons for this Agreement: -3- (a ) Urban Development Necessary. Sound urban development is essential to the continued economic development of our state. (b) Role of Cities in Development. Municipalities are created to provide urban governmental services essential for sound urban development and for the protection of public health, safety and welfare in residential, commercial and industrial areas, and in areas undergoing development. (c) Interlocal Cooperation Required. Decisions with respect to municipal boundaries and urban development need to be made with adequate consideration of the effect of the proposed actions on other cities . Cooperation between cities is essential to sound urban development within each jurisdiction. 3 . JOINT IMPLEMENTATION OF DEVELOPMENT PRINCIPLES . The parties agree to implement the foregoing principles in the following ways : (a) Annexation. Sandy agrees not to accept a petition for annexation of or to supply water to territory lying to the north of the line described above, the colored line shown on Exhibit "A" to this Agreement, without City approval, or to protest or oppose, directly or -4- indirectly, any annexation of territory by City north of said line. City agrees not to accept a petition for annexation of or to supply water to territory lying to the south of the colored line shown on Appendix "A" to this Agreement, without Sandy approval, or to protest or oppose, directly or indirectly, any annexation of territory by Sandy south of such line. (b) Extraterritorial Development. Sandy agrees not to exercise its extraterritorial jurisdiction to restrict City approval of development of territory lying to the north of the line described herein and shown on Exhibit "A" to this Agreement . City agrees not to exercise its extraterritorial jurisdiction to restrict Sandy approval of development of territory lying to the south of said line. 4 . ANNEXATION RELATED TO WATER SERVICE. This Agreement shall not restrict either party from requiring or receiving agreements to annex from persons applying for water services, provided that any agreements to and actual service of water must comply with the foregoing terms of this Agreement. 5 . LIMITATION ON LEGAL ACTIONS . The purpose of this Agreement is to avoid conflict and the waste of resources entailed in litigation by, between and against the parties , -5- in favor of cooperative action through interlocal agreement. For this reason, the parties agree and declare that nothing in this Agreement is intended to create an enforceable right, claim or cause of action in any third party which may be used against either party to this Agreement. 6 . AMENDMENT OR ASSIGNMENT. This Agreement may be amended or assigned only by written agreement of both parties hereto . 7 . REQUIRED APPROVALS AND FILINGS. In accordance with the requirements of the Interlocal Cooperation Act, the parties agree to do the following before this Agreement may enter into force: (a) Approval by City Councils . The Sandy Council and the City Council shall adopt appropriate resolutions approving their participation herein; (b) Approval by City Attorneys . The Agreement shall be submitted to the Sandy Attorney and the City Attorney who shall approve this Agreement upon a determination that it is in proper form and compatible with the laws of this state . (c) Filing by Recorders . This Agreement shall be filed with the Sandy City Recorder and the Salt Lake City Recorder. 8 . ENTIRE AGREEMENT. This Agreement supersedes and replaces all prior oral agreements and understandings -6- between the parties relating to the above provisions . Neither this nor any of its terms or conditions are severable from the said Annexation Resolution or this Agreement. Informal working understandings between the staffs of the parties are encouraged. It is agreed, however, that any alteration of this Agreement, to be enforceable, must be in writing signed and expressly agreed to by both parties hereto. IN WITNESS WHEREOF, the parties have here caused this Agreement to be executed by their respective authorized officers to be effective on the effective date specified above. ATTESTED AND COUNTERSIGNED: SANDY CITY CORPORATION By City Recorder ATTESTED AND COUNTERSIGNED: SALT LAKE CITY CORPORATION By City Recorder APPROVED AS TO FORM: APPROVED AS TO FORM: Sandy City Attorney Salt Lake City Attorney -7- STATE OF UTAH ss . County of Salt Lake ) On , 19 , personally appeared before me PALMER A. DEPAULIS and KATHRYN MARSHALL, who, being by me duly sworn, did say that they are the MAYOR and CITY RECORDER, respectively, of SALT LAKE CITY CORPORATION, a municipal corporation of the State of Utah, and said persons acknowledged to me that said corporation executed the same . NOTARY PUBLIC, residing in Salt Lake County, Utah My Commission Expires: STATE OF UTAH ss . County of Salt Lake ) On , 19 , personally appeared before me and , who, being by me duly sworn, did say that they are the MAYOR and CITY RECORDER, respectively, of SANDY CITY CORPORATION, a municipal corporation of the State of Utah, and said persons acknowledged to me that said corporation executed the same . NOTARY PUBLIC, residing in Salt Lake County, Utah My Commission Expires : RLM:rc -8- OFFICE OF THE CITY COUNCIL CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, SUITE 304 SALT LAKE CITY, UTAH 84111 535-7600 December 8, 1989 MEMORANDUM TO: Council Members FROM: Lee King RE: Recreational Vehicles At the Council meeting on September 5, 1989, a public hearing was held to obtain comment on a proposed overlay zone to allow certain recreational vehicles (RV's) in the side yards of residentially zoned properties. Changes in the draft were requested of the Attorney's Office as was a review by Community Councils The ordinance was to be returned to the City Council by December 12, 1989. Several issues have risen since that time and the Planning staff is recommending delaying consideration of the overlay zone until they have had the opportunity to meet with each Council member. As the issue was referred to a date certain, parliamentary procedure requires that it appear on the December 12 agenda. The staff's recommendation is that it be referred to Committee of the Whole and brought back when the planning staff has met with each Council member to address the unresolved issues. • sm 'rA)Aar;�1rT_t ��,; �• .°'e rI,ONI CRAIG E. PETERSON ERECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 218 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 To: Salt Lake City Council July 20, 1989 RE: Overlay Zone to allow certain recreation vehicles in the side yards of residentially zoned properties. Recommendation: That the City Council hold a public hearing on September 5, 1989 at 6:50 p.m. to discuss a proposed overlay zone to allow certain recreational vehicles in the side yards of residentially zoned properties. Availability of Funds: Not applicable Discussion and Background: The Planning Commission recommends the current Zoning Ordinance not be changed to permit the parking of these vehicles as proposed. The Planning Division's staff report supports the Planning Commission position but does propose certain conditions if you want to pursue this issue by adopting appropriate legislation. These conditions are designed to reduce the obvious impacts resulting from the parking of these vehicles in areas other than rear yards. After reviewing the staff report, the Planning and Zoning Commission minutes and following numerous discussions with the Planning Staff, I believe the desires of the City Council can be achieved by coupling the following proposed conditions in the Planning Staff report with an overlay zone: 1. Limited to one motor home or travel trailer per dwelling: Other recreational vehicles are limited to a total of two per dwelling. 2. Recreational vehicles may be stored in the rear yard on an adequate hard surface pad with either a hard surface driveway, hard surface drive strips, or an access constructed of turf block or grasscrete materials with an irrigation system. 3. Parking in the side yard can only be allowed when there is not reasonable access to the rear yard. A fence shall not be adequate proof of lack of reasonable access to the rear yard. Topography, �-' property located structures and mature vegetation are possible reasons to permit recreational vehicle parking in the side yard. A plot plan with photographs will be required for permit processing. 4. Any permit application for recreational vehicle parking within the side yard will. require notarization of approval from the affected abutting property owner. 5. No recreational vehicle shall be parked in the required side yard unless parking area is improved with hard surface materials of either concrete or asphalt. The recreational vehicle parking area can not be situated so as to interfere with access to required off street parking. 6. A parking area within the side yard should be located in the yard adjacent to the existing driveway. The access drive should be tapered to the existing driveway. At no time can this transition area be used for vehicle parking. 7. The parking area must be screened to lessen the visual impact by a six foot sight-proof fence with gate or equivalent element. Screening with either, or a combination of, berms and vertical vegetation or with street trees is also recommended. 8. Any recreational vehicle stored on the property must be owned by the resident of the subject property and be currently registered with the Salt Lake County Assessors office. The overlay zone process is simple and places the responsibility of its enactment on the neighborhood through a legislative action of the City Council. The neighborhood would need to petition for the enactment of the overlay zone. The Planning Commission would then need to render a recommendation in public hearings held by the City Council. This process would ensure neighborhood involvement and the conditions of the Planning Staff would ameliorate some of the adverse impacts associated with the parking of these vehicles. Should you concur with this recommendation after the public hearing, the City Attorney's Office should be directed to work with the Planning Staff and prepared the necessary overlay ordinance that can then be enacted on a neighborhood by neighborhood basis. Legislative Documents: No ordinance has been prepared due to complex issues to be resolved at the public hearing. Submitted by: CRAIG . PEI'r:RSON Director lf/ t I . DEPARTMENT OF DEVELOPMENT SERVICES CRAIG E. PE T ERSON 114 CITY AND COUNTY BUILDING DIRECTOR SALT LAKE CITY, UTAH 84111. 535-777? ----- July 17, 1989 Mayor Palmer DePaulis Salt Lake City Corporation 451 South State Street Salt Lake City, UT 84111 Dear Mayor DePaulis: Attached please find the Planning and Zoning Corrnitission's recommendation concerning the City Council's request for the Commission to examine the Zoning Ordinance for the purpose of possibly allowing the parking of certain recreation vehicles in the side yards of residentially zoned properties. The Planning and Zoning Commission recommends the current Zoning Ordinance not be changed to permit the parking of these vehicles as proposed. The Planning Division's staff report supports the Planning Commission position but does propose certain conditions if the City Council wishes to pursue this issue by adopting appropriate legislation. These conditions are designed to reduce the obvious impacts resulting from the parking of these vehicles in areas other than rear yards. After reviewing the staff report, the Planning and Zoning Commission minutes and following numerous discussions with the Planning Staff, I believe the desires of the City Council can be achieved by coupling the proposed conditions contained in the Planning Staff report with an overlay zone. The overlay zone process is simple and places the responsibility of its enactment on the neighborhood through a legislative action of the City Council. The neighborhood would need to petition for the enactment of the overlay zone. The Planning Commission would then need to render a recommendation in public hearings held by the City Council. This process would ensure neighborhood involvement and the conditions of the Planning Staff would ameliorate some of the adverse impacts associated with the parking of these vehicles. Mayor Palmer DePaulis July 17, 1989 Page No Upon receipt of your continents concerning this recommendation, I will request the City Attorney's office work with the Planning Staff to prepare the necessary ordinance and schedule briefing and public hearing dates before the City Council. Sincerely, Craig E. Peterson Director • cFP:skm smar a 4 MU� : ORMION[ 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 ANC URBAN CESIGN 451 SOUTH STATE STREET THOMAS A. ELLISON SANDRA MARLER LAVONE LIDDLE-GAMONAL SECRETARY ROOM 406, CITY AND COUNTY BUILDING RICHARD J. HOWA SALT LAKE CITY, UTAH 84111 RALPH P. NEILSON GEORGE NICOLATUS TELEPHONE 535-7757 JOHN M. SCHUMANN July 11, 1989 Mr. Craig Peterson, Director Development Services Rm 218 City and County Bldg Salt Lake City, UT 84111 Re: City Council request to examine the current zoning ordinance requirements concerning the parking of recreational vehicles in the side yard. Dear Craig: Planning issues related to the modification of the zoning ordinance regarding recreational vehicle parking in the front and side yard were discussed on the April 13, 1989 Planning Commission meeting. The Planning Commission discussed a proposed staff ordinance change that would allow for possible parking and storace of recreational vehicles within the side yard. This draft ordinance proposal listed several conditions to be met prior to allowing recreational vehicle parking within the side yard. The Planning Commission identified several areas needing modification if the ordinance was to be recommended for approval. The Commission discussion indicated that the urban design character historically and presently supported by the city master plan would be severely impacted by allowing recreational vehicle parking within the front or side yard. It was also stated that they could not support changing an ordinance that can not be adequately enforced by another modified ordinance that would still maintain the same problems as to enforceability. With the enforceability issue concern identified, the Planning Commission did not pursue additional discussion of the areas of modification to the staff's proposed ordinance change to allow recreational vehicle parking within the side yard. At this time, the Planning Commission voted to recommend to the City Council that no changes be made with the existing ordinance with regards to allowing front or side yard parking. • Prior to transmitting the Planning Commission decision the staff has given an opportunity of each community council to have input on this matter. Most community councils did not respond, those that did gave a mixed response. The range of response was of support for the existing ordinance and enforcement of that ordinance to one that recreational vehicle parking should be allowed in the side yard only with adequate screening and abutting property owner approval. Not one community council supported an ordinance modification that would directly allow side yard recreational vehicle parking without some form of conditional control. It should be noted in the Planning Commission discussion that allowing side yard parking with approval of the abutting property owner was a questionable requirement and not supported. Also the draft proposed ordinance has not been reviewed by the City Attorney's office. If you have any questions, please contact either myself or Everett L. Joyce. Sincerely, Allen G. Johns n, AICP Planning Direc or attachments ACJ:elj CC: John Schuman, Planning Commission Chairman file • SAr,T LAKE CITY PLANNING C VVESSICN STAFF REPORT - RECREATICNAL VF ICTF, PARKING AND STORAGE IN THE Slut. YARD IN RESIDENTIAL DISIR.ICiS OVERVIEW At the request of the City Council through the Mayor the Planning Commission has been asked to examine the current zoning ordinance concerning parking of vehicles in the side yard, particularly, providing for the parking and storage of recreational vehicles. BACKGROUND Examination of this issue was initially raised in 1987 frcm the complaint of one neighbor concerning several other neighbors which have structures such as carports in their side yards usually to cover and store their recreational vehicles. A survey of the Rose Park area has brought to light several violations of this kind and it would be fair to assume that there are many more violations throughout the City. Subdivisions within Rose Park developed with two eight foot side yards when an attached carport or garage was constructed. At the time of development only one off stroct parking space was required. Due to this development pattern, allowance of side yard recreational vehicle parking would have the most visual and environmental impact upon abutting residential uses. ANALYSIS Recreational vehicles are part of the local life style in Utah, however, they do detract from the aesthetic atmosphere of the neighborhood when parked or stored in the side and front yard. In addition there is a loss of air circulation and light (sun) penetration. In many cases the ground underneath is not surfaced and becomes muddy when wet and rutted in dry weather and presents or adds to an unkempt appearance of the residence. Recreational vehicles for this discussion include motor homes, travel trailers, campers, boats, motorcycles, all terrain vehicles (AT1's) , snowmobiles and trailers to transport motorcycles, snowmobiles and boats. Accessory storage of recreational vehicles, particularly motor homes, can be on a long term basis and would impact abutting properties similar to a structural addition. Allowing such storage would effect the urban design and air circulation elements of maintaining open space between residential uses through minimum required side yards. Information obtained from the Salt Lake County Assessor's office provided 1988 registration numbers for recreational vehicles within Salt Lake City (see table) . That office estimates that 25 percent of the recreational vehicles in the valley are not registered in Salt Lake County. 1988 RECREAT'ICNAL VE 31CT F RECIS RATICN MOTOR HOMES 538 TRAILER 3,303 CAMPER 927 BOAT 2,814 MOTORCYCLE 2,199 ATV 940 SNCMJBITF 248 TOTAL 10,969 Within Salt Lake City recreational vehicle parking is allowed in the rear yard on a hard surfaced pad with a hard surfaced driveway with a curb cut. The zoning ordinance prohibits parking vehicles in the side yard. Enforcement on a complaint basis only has resulted in the proliferation of structures for and storage of recreational vehicles in the side yard. Acknowledging that the problem exists and will remain the planning staff has prepared a proposed amendment to the zoning ordinance. The proposed amendment would allow the parking and storage of recreational vehicles upon compliance with specified conditions. These conditions would minimize the impacts such parking has on the quality of life and esthetics of residential neighborhoods. A copy of the draft ordinance is attached. • A survey of surrounding cities in the Salt Lake area shows that they allow parking in the side yard with requirements ranging from a very general statement in the zoning ordinance to specific conditions to be met for such parking. Adoption of an ordinance allowing recreational vehicle parking in the side yard should not give existing recreational vehicle parking areas any nonconforming status. Existing parking areas may be legalized if that parking mots the conditions identified in the proposed ordinance for allowing recreational vehicle parking. Recreational vehicle parking should be limited to single family and duplex residential uses. Other multiple residential uses need to be restricted from allowing recreational vehicle parking due the fact that multiple dwelling units share the open space associated with that particular development. Certain multiple dwellings may have areas set aside for storage of recreational vehicles, however, this is accomplished through the Planned Unit Development process with approval by the Board of Adjustment. PECCMMENDATICN The planning staff recommends that the Planning Ccnanission recommend to the City Council a modification to the zoning ordinance allowing recreational vehicle parking in the rear and side yards upon compliance with the conditions outlined in the proposed attached ordinance. March 1989 Everett Joyce Janice Jardine Summary of City ordinances pertaining to recreational vehicle parking Where Allowed Conditions Salt Lake Rear yard Hard surfaced pad and drive. Sandy Rear & side yard Not in public right of way. Murray Front yard On established driveways 10' setback from front property line. Ogden Rear & side yard Hard surfaced pad and drive with tapered transition. Pad not to extend in front of building. Screened with 6' sight proof fence. Must maintain one required parking space. PROPOSED ORDINANCE CHANCES TO ACCOMODATE RECREATICNAL VEHICLE PARKING (Definitions) 21.04.377 Recreational Vehicles "Recreational Vehicle" is a motorized self propelled vehicle with more than two wheels or a towed vehicle that may be transported or drawn upon the highway, except devices moved by human power. Types of recreational vehicles are: "Travel Trailer" is a structure designed to provide temporary living quarters for recreational, camping or travel use. "Motor Home" is a portable dwelling designed and constructed as an integral part of a self-propelled vehicle. "Pickup Camper" is a structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational or travel use. "Water Craft" is any unit that is used for water travel or pleasure. "Off Road Vehicle" is a snowmobile, dune buggy, or any All Terrain Vehicle with either three or four wheels designed for off-road travel and used for recreational purposes. (Proposed ordinance change to the Supplementary and Qualifying Regulations) 21.80.290 Recreational Vehicles In a residential zoning district, single family and duplex dwelling uses, as an accessory, residents are allowed to park a recreational vehicle, trailer or boat under the conditions outlined in subsections (a) and (b) below. This parking shall be in addition to, not in lieu of, the required off-street parking spaces for the particular zoning district. Recreational vehicles shall not be parked on a public right of way or front yard. A recreational vehicle may not be used for storage of goods, materials, or equipment other than those to be considered part of the unit. Recreational vehicles must be stored in a safe and secure manner. Tie-downs, tarpaulins and ropes must be secured from rattling and flapping in windy conditions. Anv_ tarpaulins used to cover vehicles that are kept outside must be of a neutral color. Parking is permitted only for storage and no recreational vehicle shall be used for dwelling purposes. (a) Parking is permitted within any enclosed structure when the structure conforms to the zoning requirements of the particular district in which it is located; (b) Parking is permitted outside of an enclosed structure in the side yard cr rear yard under the following conditions: 1. Limited to one motor home or travel trailer per dwelling. Other recreational vehicles are limited to a total of two per dwelling. 2. Recreational vehicles may be stored in the rear yard on an adecuate hard surface pad with either a hard surface driveway, hard surface drive strips, or an access drive constructed of turf block or grass- crete materials with an irrigation system. 3. Parking in the side yard can only be allowed when there is not reasonable access to the rear yard. A fence shall not be adequate proof of lack of reasonable access to the rear yard. Topography, properly located structures and mature vegetation are possible reasons to permit recreational vehicle parking in the side yard. A plot plan with photographs will be required for permit processing. 4. Any permit application for recreational vehicle parking within the side yard will require a notarization of approval from the affected abutting property owner. 5. No recreational vehicle shall be parked in the required side yard unless the parking area is improved with hard surface materials of either concrete or asphalt. The recreational vehicle parking area can not be situated so as to interfere with access to required off street parking. 6. A parking area within the side yard should be located in the yard adjacent to the existing driveway. The access drive should be tapered to the existing driveway. At no time can this transition area be used for vehicle parking. 7. The parking area must be screcned to lessen the visual impact by a six foot sight-proof fence with gate or equivalent element. Screening with either, or a combination of, berms and vertical vegetation or with street trees is also recommended. 8. Anv recreational vehicle stored on the property must be owned by the resident of the subject property and be currently registered with the Salt Lake County Assessors office. March 1989 FT T • SIX ELxrr FENCE - Sight Proof with Gate HARD SURFAa PARKING PAD • { 1 141U lilll llli? El niiu� 111a11w �• ACCESS DRIVE u___ NNW III! LANDSCAPE SCREENUC AREA • O - Vertical Vegetation — J Street Tree PC MINUTES April 14, 1989 Page 12 Centre Park project, subject to the granting of an avigation easement to Salt Lake City and installation of drainage plan improvements as proposed by the developer. Mr. Wheelwright also recommended that the Planning Commission authorize the Planning Director to grant final plat approval administratively upon compliance with city ordinances and requirements. Mr. Van Alstyne moved to approve the preliminary plat. Ms. Cromer seconded the motion; all voted "Aye." The motion passes. PLANNING ISSUES Recreational Vehicle Parking and Storage in the side yard in residential districts. Mr. Everett Joyce presented the staff report and stated that City Council has requested, through the Mayor, that the Planning Commission examine the current Zoning Ordinance concerning parking of vehicles in the side yard, particularly providing for the parking and storage of recreational vehicles. Mr. Joyce stated that this issue was raised through complaints of violations. Mr. Joyce added that a field survey brought many violations of this ordinance to the staff's attention. Mr. Joyce then showed slides of pictures taken of current violations in the Rose Park and west side area. He noted that the problem is evident throughout the city and not just within these two neighborhoods used in the illustrations. A discussion followed on the growing number of recreational vehicles in the city, the detraction of the esthetic atmosphere and the loss of air circulation and light penetration caused by these vehicles, enforcement difficulties, safety hazards when there is no open space between residential units, and the fact that there are already more than 100 pending cases in ncod of enforcement. People wanting quick access to their recreational vehicles was also discussed as well as security risks at storac-e centers and the impact of obstructed views of abutting residences. Mr. Joyce stated that the Planning Staff recommends that the Planning Commission recommend to the City Council a modification to the Zoning Ordinance allowing recreational vehicle parking in the rear and side yards upon compliance with the conditions outlined in the proposed attached ordinance. Mr. Howe asked how they would be able to enforce anything new that might be drafted if they can't enforce the current ordinance. Mr. Johnson that the department has ticketing authority and that 900 of the compliance to the Zoning Ordinance is voluntary. Mr. Howa pointed out that the majority of the violations will remain as violations even if the ordinance is amended. Following a lengthy discussion and debate of the current ordinance, Mr. Nicolatus moved to recommend enforcement of the current Zoning Ordinance rather than revising it. Mr. Van Alstyne seconded the motion; all voted "Aye." 505 00 FIRST FEDERAL P.O.Box 11868uth SAVINGS Salt Lake City,Utah 84147 (801) 531-7800 April 10, 1989 Mr. John M. Schumann 10 West Broadway, Suite 010 Salt Lake City, Utah 84101 Dear John: I am unable to attend the meeting this Thursday, but wanted to comment on two of the agenda items. With respect to recreational vehicles. I think "two wheel" should be deleted from the definition. Also. I would prefer warding that begins with a prohibition of side yard parking and proceeds to permission by exception. Also, I would delete the affirmative approval of the abutting owner. With respect to the Landmark Committee, I believe that the intent of the amendment might be served better by requiring a member from each council district rather than excluding a group of members from any historic connection. Actually, historic integrity shouldn't be the subject of political whim. and I think committee membership is better served by professional qualification than residency. Cordially yours, Ralph P. Neilson Executive Vice President RPN:kd cc: Planning Committee Members Member FSLIC • = S..A ' r Ae a.�'G TYr G I RPO�°�• 'ION{ CRAIG CRAIG E. PETERSON "� ��"'� ��"� DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 218 - SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 To: Salt Lake City Council September 8, 1989 RE: Petition No. 400-720 submitted by Kevin Koncar �•4 �1'v✓ mbew 7 Recommendation: That the City Council hold a public hearing on Get-giber--z •, 1989 at 6:Y0 p.m. to discuss Petition No. 400-720 submitted by Kevin Koncar. The petitioner is requesting that Salt Lake City to rezone property located at 2613 East 2325 South Street from Residential "R-2" to a Business "B-3" classification to facilitate an existing day care facility. Availability of Rinds: Not applicable Discussion and Background: The Planning Commission has reviewed this request and has recommended approval of the zoning change. The rezoning will simplify the zoning boundary line between the LDS Church and the • business center. This rezoning will also nullify a ten foot landscaped buffer variance. Legislative Documents: The City Attorney's Office has prepared and approved the necessary ordinance and is ready for your action. Submitted by: M CHAEL B. Z Acting Director Comuunity and Economic Development lf/ y F. 4.!\ SALT LAKE CITY ORDINANCE No. of 1989 (Rezoning property located at 2613 East 2325 South from Residential "R-2" to Business "B-3" pursuant to Petition No. 400-720-89 AN ORDINANCE AMENDING SECTION 21 . 14 .020 OF THE SALT LAKE CITY CODE RELATING TO ZONING AND FIXING OF BOUNDARIES OF USE DISTRICTS. WHEREAS, in response to the rezoning petition initiated by Kevin Koncar, No. 400-720-89 , the City Council of Salt Lake City, Utah, has held public hearings before its own body and before the Planning Commission, and has taken into consideration citizen testimony, filing and demographic details of the area and the Master Plan as part of its deliberation. Pursuant to these deliberations, the Council has concluded that the proposed change of zoning for the property located at 2613 East 2325 South from Residential "R-2" to Business "B-3" is appropriate for the development of the community in that area; THEREFORE, The City Council of Salt Lake City, Utah, hereby adopts the following amendments to the Use District provisions of Title 21 . Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That the Use District Map, as adopted by Section 21 . 14 . 020 of the Salt Lake City Code, relating to the fixing of boundaries of Use Districts, be, and the same hereby is AMENDED to read as follows : Sec. 21 .14.020. Boundaries of Districts - Use District Map Adopted. That the following-described parcel of real property in `� a .. . . . ... _.. ..____.. . • • Salt Lake City, Utah, presently zoned Residential "R-2" is hereby rezoned Business "B-3" and the Use District Map is amended accordingly: Beginning at the Southwest corner of Lot 17 , Laurel Subdivision, as recorded with the office of the Salt Lake County Recorder; said subdivision being located in the Southwest quarter of the Northeast quarter of Section 22, Township 1 South, Range 1 East, Salt Lake Base and Meridian, and running thence North 23°26 ' West along the West boundary line of said Lot 17 , • 60 . 96 feet; thence South 51°00 ' East 89 . 19 feet to the South boundary line of said Lot 17; thence North 89°45 ' 00" West along said West boundary line 45 . 07 feet to the point of beginning. SECTION 2 . EFFECTIVE DATE AND CONDITIONS . This ordinance shall become effective on its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s Action: Approved Vetoed. MAYOR ATTEST: CITY RECORDER BRB:pp -2- -.i Pa = =i ''1 GORPO ROGER F. CUTLER SALE'sM..• Q1 GIB Yr R. .. if, Na +.a.r �d • ASSISTANT ATTORNEYS CITY ATTORNEY RAY L. MONTGOMERY STEVEN W. ALLRED LAW DEPARTMENT GREG R. HAWKINS LARRY V. SPENDLOVE OE?I:TY CITY ATTORNEY CITY AND COUNTY BUILDING BRUCE R. BAIRD CHERYL D. LUKE 451 SOUTH STATE STREET, SUITE 505 FRANK M. NAKAMURA CITY PROSECUTOR SALT LAKE CITY, UTAH 84111 (801) 535-7788 ASSISTANT PROSECUTORS FAX (801) 535-7640 DONALD L. GEORGE CECELIA M. ESPENOZA August 7 , 1989 RICHARD G. HAMP GLEN A. COOK Mr. Craig Peterson, Director Community and Economic Development Salt Lake City Corporation 451 South State Street, Room 218 Salt Lake City, Utah 84111 Mr. Allen C . Johnson, AICP, Planning Director Planning Division Salt Lake City Corporation 451 South State Street, Room 406 Salt Lake City, Utah 84111 ? Re: Petition No . 400-720-89 Dear Craig and Allen: Pursuant to Allen Johnson ' s letter of July 19 , 1989 to Craig Peterson, I have drafted an ordinance rezoning certain property pursuant to Petition No. 400-720-89 . You will note that the draft ordinance does not include the "conditions" discussed by the Planning Commission. As I am sure you are aware, "conditional zoning" is generally unacceptable under the theory of uniform zoning. In this case, the conditions sought to be imposed were imported from a preexisting variance. Unfor- tunately, while conditions are quite easy to apply in the variance or conditional use areas, they are generally inappropriate in a zoning context . Conditions precedent to zoning approval are generally acceptable but "operational" conditions which seek to regulate the use of the property beyond the zoning requirements are unacceptable . In the instant case, the conditions mentioned in Allen' s letter to Craig are effectively met anyway. Condition No . 1 is simply already in the zoning ordinance . Condition No. 2 is , at the present time, impossible to violate given the location of the building. Condition No. 3 would be impossible to verify. Condition No . 4 is probably factually not a problem and is , anyway, regulated by the sign ordinance . VI 1 VX .,1 -. ' Mr. CraigPeterson «r : Mr. Allen C . Johnson trig ; ., n. August 7, 1989 47 Page 2 S' Fcf..d " If you have any questions, please call. Since l , .;.. ,."- ----7-:/ /17),,//'/.1/./ y;'; BRUCE A. BAIRD arY: Assistant City Attorney BRB:pp 9 { ; I _ D Sars r a CIT1Yi ?0RATIs N( ._. - ALLEN C. JOHNSON. AICP PLANNING AND ZONING PLANNING DIRECTZP COMMISSION MEMBERS- , COMMUNITY T. WRIGHT, AICP COMMUNITY AND ECONOMIC DEVELOPMENT RALPH BECKER DEPUTY DIPECTCR PLANNING DIVISION DAN BETHEL Si.PERVISOR LONG RA'.GE,LANNING Planning and Zoning Commission CINDY CROMER AND JRBAII DESIG'I THOMAS A. ELLISON 451 SOUTH STATE STREET LAVONE LIDDLE-GAMONAL SANDRA MARLER SECRE-ARV ROOM 406, CITY AND COUNTY BUILDING RICHARD J. HOWA RALPH P. NEILSON • SALT LAKE CITY, UTAH 84111 GEORGE NICOLATUS TELEPHONE 535-7757 JOHN M. SCHUMANN July 19, 1989 Mr. Craig Peterson, Director Corranunity and Economic Development Salt Lake City Corporation 451 South State, Utah 84111 RE: Petition 400-720 Dear Craig: At it's regularly scheduled meeting on July 13, 1989 the Planning Conanission reviewed a request from Kevin Koncar to rezone property located at 2613 East 2325 South Street from Residential "R-2" to a Business "B-3" zoning classification for the purpose of allowing an existing daycare facility. I am forwarding a copy of the staff report along with the Planning Commission recorranendation. The Planning Commission felt the rezoning would simplify the zoning boundary line concurrent with the property lines between the LDS Church and the business. In addition, granting of this rezoning request will nullify a ten foot landscape buffer variance. The Planning Commission approved this rezoning request subject to the following conditions: 1. That a ten foot landscape buffer be maintained from property line. 2. There is no vehicular access from Stringham Avenue to the property. 3. The employees are not required to park on the street. 4. That no signs are oriented to the north faces of the building fronting on Stringham Avenue. Respectfully, Allen �. John on, AICP Planning Dir for ACJ:GRH :9 I - ' SALT L CITY PL.N\]N1NG AND ZCNING CONMISSICN STAFF REPORT '`'' Petition 400-720 by Kevin Koncar -i ,', VVERV1E+•Y M The applicant, Kevin Koncar, is requesting Salt Lake City to rezone property ' located at 2613 East 2325 South Street from Residential "R-2" to a Business "B-3" zoning classification for the purpose of allowing an existing daycare facility. This 1200 square foot triangular Residential "R-2" parcel is located adjacent a LDS Church parking lot zoned Residential "R-2" to the north and a retail center zoned Business "B-3" to the south. I II o i`"V T[itttitrIIH 4 OOO�\''' s + A 010-1,14 S 1 1 V *5ut 3Yi O O A7( ,\ Y V �'4/'' { 51YF,Oh O0 000 A4,w. JO ' ^ WAY , 0 ° •, • y i r, cctol :� / ,S / =w L `/ Y• 'GA'AV • �iA . . _ • n i O •� • 0 ....10 N CI It • • 1ltaLlij. 0. 3 , . • . A•` w :n:'' .F S T W W$ IA! t'11 n t •l.��a" rF1A + i u u CIR KA'WOOD 4 s ° n x n Ai CM. r_._�. -� \.,\\. . . N BACKGROUND Approximately one year ago, the retail center was built. To facilitate the development, a triangular piece of property was exchanged with the LDS Church (sc- map below) . The property exchange included Parcel "A" now owned by Highline X Realty Trust (zoned "R-2") , and Parcel "B" now owned by the LDS Church (zoned "B-3") . The petitioned area includes the rezoning of Parcel "A" from its current "R-2" zoning status to a Business "B-3". {+ ,p , .. .. .. vm^!.'• yr./ _.. :: .... ,�; }c" '\ },tCtA�. "77,r y>,� ;\ I \` ` 'h 1.421_`� -\—ro. ..!\'i-_� ...t�1‘ _.,Ie .41d���- ,,r�_-r- r .�call- 1 ,.r..-//, -�fi .� y;.. w:, \e Existing Land Use The Business "B-3" Zoning District is contiguous to the west, south and east property line of the petitioned area and contains retail establishments, restaurants and office uses fronting Parley's Way. The Residential "R-2" and "R-2A" Zoning Districts to the north consists primarily of single family detached homes, apartments and the LDS Church fronting Stringham Avenue. Previous Board of Adjustment Case On Mav 11, 1987, Highline X Realty Trust received a variance to construct a retail commercial building located at 2647 Parley's Way without the required ten foot landscaped buffer in a Business "B-3" District, provided: 1. There is no vehicular access from Stringham Avenue to the property. 2. The employees are not required to park cn the street. 3. That no signs are oriented to the north faces of the building fronting on Stringham Avenue. To the best of our knowledge, the developer complied with the provisions of this variance. In addition, granting of this rezoning request will nullify this ten foot landscape buffer variance. The rezoning will simply make the zoning boundary line concurrent with the new property lines betwocn the IDS Church and the business. 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 to front Parley's Way at this location. ICN The planning staff fools that the requested rezoning of property located at 2613 East 2325 Scuth Street from Residential "R-2" to a Business "B-3" zoning classification is consistent with the East Bench Community Master Plan. In addition, the granting of this rezoning request will nullify a ten foot landscape buffer variance. The staff recommends that the Planning Cenanissien aoerove this rezoning request subject to the following conditions: 1. That a ten foot landscape buffer be maintained from property line. 2. There is no vehicular access from Stringham Avenue to the property. 3. The employees are not required to park on the street. 4. That no signs are oriented to the north faces of the building fronting on Stringham Avenue. Cary R. Heintz June 20, 1989 ..._.___..._........�.....:�.... :�_t:4.,.....r:�Y�,.,a..�)�sZs:a�_..�L:,..m�c•fa.......�....� ...�.-.....�:t.;✓.,....-........9........ti.... ._.-_.._�__...�_..�_-_.. APPLICATION FOR ZONING AMENDEMENT .,3 APPLICATION To be filed in duplicate with the department of Development Services 324 South State Street Suite #201 111, Filing Fee $100.00 Advertising Fee* $100.00 (*if a public hearing is held) Application is hereby made to the Mayor and City Council of Salt Lake City - T.'tah, to: Amend the text of the Zoning Ordinance. By amending Section (Use reverse side for requested text change) Amend the Use District (Zoning) Map. Of Salt Lake City by reclassifying the following property located at: 21:v(3 E• _737-5 . any s P,412I hams LtJAY from a R- Z. classification to a g-3 classification (Use reverse side for legal description) ATTACH TO APPLICATION 1. The reasons why the present zoning is not proper for the area. 2. Changes which have taken place in the area which justify a change in zoning. 3. Description of the proposed use to be made of the property. 4. Other items which justify a change in the existing zoning. 5. Indication of support for rezoning from all affected property owners. • 6. Any other information or exhibits which would aid the planning Commission in arriving at a proper recommendation. • 7. Sidwell Parcel Identification Number. THE ABOVE INFORMATION,, IN DETAIL, MUST ACQJMPANY THIS APPLICATION IN ORDER FOR THE PErrLrrION TO BE PROPERLY CONSIL) ED BY THE PLANNING COMMISSION. cur • Signature i of the applicant _ �`-L,� �� Address F-,g3c( Sr) , W —iEi,pz. - f -(` Telephone Number 2 3 _7%c{C? Zip Code `( FILL OUT REVERSE SIDE Attach all exhibits and supporting data to application. Petition N7o. �0G-70.0 Date zth3J�c Receipt No. C'67-3036.�0 Amount $ ICE, ZONING AMENDMENT APPLICATION 1 . The parcel is approximately I-Zoo square feet and lies in between a retail/office complex and an LDS Ward parking lot . The parcel is adjacent to commercial property cn the west, and the parking lot on the east, with a retaining wall and six foot fence separating the parcel from the parking lot. 2 . Approximately one year ago, the retail center was built. To facilitace the development, a triangular piece of property was exchanged with the LDS Church. The piece that Highline X received in the exchange is zoned R-2, and the piece the Church received is zoned 3-3 . Now, one of the tenants in the development is a daycare center which requires the use of the landscaped area behind the building. The current zoning does not allow the children to play in the triangular area. . 3 . The property shall be used for an area that the tenants (primarily the daycare center) of the development can use. The area is landscaped and is well maintained. The fence that separates the parcel from the parking lot contains slats so there is a visual barrier between the properties . 4 . The affected parcel is a part of a larger parcel that is currently zoned 3-3 . The change in zoning has no effect on the abutting properties . Currently, the children can walk out of a door, and walk approximately 30 feet to the area that is now zoned 3-3 . This change in zoning promotes the effective use of the property and has no impact on the abutting property. 5 . Attached are copies of executed amendments to restrictive covenants of Laurel Subdivision, of which the property is a part. The LDS Church and other owners within the subdivision consented to the use or uses which were not permitted in the originial restrictive covenants . In addition, the LDS Church exchanged property with Highline X, so that Highline could construct a shopping center on the property. BD775 (PF) F-3 Salt Lake City, Utah December 12 , 1989 A regular meeting of the City Council of Salt Lake City, Salt Lake County, Utah was held on Tuesday the 12th day of December, 1989 , at the hour of 6: 00 p.m. , at the offices of the City Council at 451 South State Street, Salt Lake City, Utah at which meeting there were present and answering roll call the following members who constituted a quorum: W. M. "Willie" Stoler Chair Alan Hardman Vice Chair L. Wayne Horrocks Councilmember Florence B. Bittner Councilmember Thomas M. Godfrey Councilmember Sydney Reed Fonnesbeck Councilmember Roselyn N. Kirk Councilmember Also present: Palmer A. DePaulis Mayor Roger F. Cutler City Attorney Kathryn Marshall City Recorder Absent: None Thereupon the following proceedings, among others, were duly had and taken: Councilmember introduced the following resolution in writing, which was read by title and moved its adoption: RESOLUTION NO. of 1989 A RESOLUTION PROVIDING FOR THE FINANCING BY SALT LAKE CITY, UTAH OF A PROJECT CONSISTING OF A PORTION OF THE EQUIPMENT AND RELATED PROPERTY AND IMPROVEMENTS FOR A MANUFACTURING FACILITY WHICH WILL PRODUCE PRINTED CIRCUIT BOARDS AND ELECTRONIC PARTS; PROVIDING FOR THE EXECUTION BY SALT LAKE CITY, UTAH OF $1, 000,000 LEASE AND SUBLEASE AGREEMENTS (COMPEQ INTERNATIONAL CO. , LTD. PROJECT) WHICH WILL BE PAYABLE SOLELY FROM REVENUES ARISING FROM PAYMENTS OF SUBLEASE LEASE INSTALLMENTS BY COMPEQ INTERNATIONAL CO. , LTD. , ITS PARENT AND GUARANTOR, OR ITS LETTER OF CREDIT BANK; AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE-PURCHASE AGREEMENT, A SUBLEASE AGREEMENT, AN ESCROW AGREEMENT, CLOSING CERTIFICATES AND OTHER RELATED DOCUMENTS ; AUTHORIZING THE ASSIGNMENT OF THE LEASE DOCUMENTS TO A PURCHASER THEREOF; AND RELATED MATTERS . WHEREAS, pursuant to the Utah Industrial Facilities and Development Act, Chapter 17, Title 11 , Utah Code Annotated 1953 (the "Act" ) Salt Lake City, Salt Lake County, Utah (the "Issuer" ) entered into a Memorandum of Agreement on or about May 9 , 1989 with Compeq International Co. , Ltd. , a Utah corporation (the "Borrower" ) ; and WHEREAS, by resolution of May 9, 1989 the City Council of the Issuer induced the Borrower to proceed with development of a printed circuit board and electronic parts manufacturing plant (the "Project" ) within the boundaries of Salt Lake City; and BD775 (PF) 2 WHEREAS, two public hearings were held by the City Council of the Issuer concerning the proposed financing of the Project and no person expressed opposition to the proposed financing of a portion of the Project; and WHEREAS, the City Council deems it advisable to authorize and confirm the assignment of the Lease-Purchase Agreement and Sublease-Purchase Agreement (the "Lease Documents" ) to Gelco Finance Corporation (the "Purchaser" ) and to authorize the execution of all documents pertaining to the financing; and WHEREAS, the Act and the pertinent Lease Documents to be signed by the Issuer provide that the financing shall not constitute or give rise to a general obligation or a liability of the Issuer, or be a charge against the general credit or taxing powers, and that the financing will be payable from revenues arising from the assignment of the Lease Documents together with certain other security provided therefor; NOW, THEREFORE, be it resolved by the City Council of Salt Lake City, Utah as follows: Section I . The Issuer is authorized to finance a portion of the equipment acquisition costs of the Project by the Borrower with proceeds from the assignment of the Lease Documents, all pursuant to the provisions of the Act. All action heretofore taken by the officers of the Issuer directed toward the financing of the Project is hereby ratified, approved and' confirmed. BD775 (PF) 3 Section 2 . The Issuer is authorized and directed to consummate the financing in the aggregate principal amount of $1, 000, 000 to be dated December 15, 1989 . Officers of the City are authorized and directed to execute the Lease Documents, an escrow agreement, closing certificates and all other documents pertaining to the financing. Such documents shall be similar to the form of drafts of these documents presently on file in the office of the City Recorder. Section 3 . The assignment and sale of the Lease Documents to the Purchaser for a price of $1,000,000 plus accrued interest to the date of delivery is hereby authorized and approved. The Mayor, with approval of the City Attorney, is authorized to alter the documents pertaining to the financing in a manner which they deem necessary to correct any errors or omissions therein, to remove ambiguities therefrom, to conform the same to other provisions of said instruments, and to make the documents acceptable to the parties thereto. The Mayor, City Recorder and other officers of the Issuer are authorized to execute all documents and take such action as they may deem necessary or advisable in order to carry out and perform the purpose of this resolution in connection with the consummation of the financing of the Project. BD775 (PF) 4 Section 4. Publication is authorized of a Notice of this financing initiating a period of thirty days for contesting of the financing by any interested party. Section 5 . It is hereby declared that all parts of this resolution are severable and that if any section, paragraph, clause or provision of this resolution shall, for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of any such section, paragraph, clause or provision shall not affect the remaining provisions of this resolution. Section 6. All Resolutions and regulations or parts thereof heretofore adopted or passed which are in conflict with any of the provisions of this resolution are, to the extent of such conflict, hereby repealed. Section 7. This resolution shall become effective immediately upon its adoption by the City Council and its passage approval and adoption. BD775 (PF) 5 Councilmember seconded the motion to adopt the foregoing resolution. The motion and resolution were unanimously adopted on the following recorded vote: Those voting AYE: Those voting NAY: BD775 (PF) 6 After the conduct of other business not pertinent to the above, the meeting was, on motion duly made and seconded, adjourned. Chair ATTEST: City Recorder ( S E A L ) BD775 (PF) 7 PRESENTATION TO THE MAYOR The foregoing resolution was presented to the Mayor for his approval or disapproval on the day of December, 1989. Chair MAYOR'S APPROVAL OR DISAPPROVAL The foregoing resolution is hereby approved this day of December, 1989. Mayor BD775 (PF) 8 STATE OF UTAH ) . ss . COUNTY OF SALT LAKE ) I , Kathryn Marshall, the duly chosen, qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify as follows: 1 . That the foregoing typewritten pages constitute a full, true and correct copy of the record of proceedings of the City Council at a regular meeting thereof held in said Municipality on December 12 , 1989 at the hour of 6: 00 p.m. , insofar as said proceedings relate to the consideration and adoption of a resolution declaring that I personally attended said meeting, and that the proceedings were in fact held as in said minutes specified. 2 . That due, legal and timely notice of said meeting was served upon all members as required by law and the rules and ordinances of said Municipality. 3 . That the above resolution was deposited in my office on December , 1989, has been recorded by me, and is a part of the permanent records of Salt Lake City, Salt Lake County, Utah. BD775 (PF) 9 IN WITNESS WHEREOF, I have hereunto subscribed my official signature and affixed the seal of said Municipality this day of December, 1989 . City Recorder ( S E A L ) BD775 (PF) 10 CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I , the undersigned City Recorder of Salt Lake City, Salt Lake County (the "City Recorder" ) , do hereby certify, according to the records of the City Council in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-6(2 ) , Utah Code Annotated 1953 , as amended, I gave not less than twenty-four (24) hours public notice of the agenda, date, time and place of the December 12 , 1989 public meeting held by the City Council as follows: (a) By causing a Notice in the form attached hereto as Exhibit "A" , to be posted at the offices of the Salt Lake City Council on December , 1989, at least twenty-four (24) hours prior to the convening of the meeting, said Notice having continuously remained so posted and available for public inspection until the completion of the meeting; and (b) By causing a copy of such Notice, in the form attached hereto as Exhibit "A" , to be delivered to the Deseret News on December , 1989, at least twenty-four (24) hours prior to the convening of the meeting. BD775 (PF) 11 IN WITNESS WHEREOF, I have hereunto subscribed my official signature this day of December, 1989. City Recorder ( S E A L ) BD775 (PF) 12 EXHIBIT "A" Notice BD775 (PE) 13 The City Council (the "Council") of Salt Lake City, Utah met in regular session at its regular meeting place in Salt Lake City, Utah at 6:00 p.m. on December 12, 1989, with the following members present: W.M. "Willie" Stoler Chairperson Sydney Fonnesbeck Councilmember Thomas M. Godfrey Councilmember Roselyn N. Kirk Councilmember Florence B. Bittner Councilmember L. Wayne Horrocks Councilmember Alan G. Hardman Councilmember Also present: Palmer DePaulis Mayor Kathryn Marshall City Recorder Roger Cutler City Attorney Absent: The meeting was duly called to order and upon determining that a quorum was present, the minutes of the preceding meeting were read and approved, and the City Recorder presented to the Council a Certificate of Compliance with Open Meeting Law with respect to the December 12, 1989 meeting, a copy of which is attached hereto as Exhibit A. The following resolution was then introduced, fully discussed by the Council and, pursuant to motion duly made by Councilmember and seconded by Councilmember , adopted by the following vote: Aye: Nay: The resolution was then signed by the Chairperson and attested by the City Recorder in open meeting and recorded by the City Recorder in the official records of Salt Lake City, Utah. The resolution is as follows: e342.BEP/T4401-002 12/07/89 A RESOLUTION AUTHORIZING THE ISSUANCE OF SALT LAKE CITY, UTAH INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS, SERIES 1989 (JTM FOOTHILL VILLAGE PROJECT) IN AN INITIAL PRINCIPAL AMOUNT NOT TO EXCEED $7,500,000; AUTHORIZING THE EXECUTION AND DELIVERY OF A FINANCING AGREEMENT, AN INDENTURE, A TAX AGREEMENT, A BOND PURCHASE AGREEMENT, AN OFFICIAL STATEMENT, SUCH BONDS AND CLOSING DOCUMENTS IN CONNECTION THEREWITH. WHEREAS, pursuant to the Utah Industrial Facilities and Development Act, Chapter 17, Title 11, Utah Code Annotated 1953, as amended (the "Act"), Salt Lake City, Utah (the "City") is authorized to refund any Bonds issued under the Act by the issuance of its industrial development revenue refunding bonds; and WHEREAS, pursuant to an Indenture of Trust dated as of December 1, 1984 between the City and First Security Bank of Utah, N.A., as trustee, as supplemented by a Supplemental Indenture dated as of June 1, 1985 between the City and First Security Bank of Utah, N.A., as trustee (the "Series 1984 Bond Indenture"), the City issued its "Salt Lake City, Utah Floating Rate Demand Industrial Development Revenue Bonds (JTM Foothill Village Project) Series 1984" in the aggregate principal amount of $7,410,000 (the "Series 1984 Bonds") to finance the cost of acquiring and rehabilitating a shopping center facility owned and operated by JTM Foothill, Ltd., a Utah limited partnership (the "Company"); and WHEREAS, on December 1, 1989, pursuant to the Series 1984 Bond Indenture the Series 1984 Bonds were redeemed; and WHEREAS, pursuant to an Indenture of Trust dated as of December 1, 1989 (the "Indenture") between the City and Zion's First National Bank, as trustee (the "Trustee"), the City proposes to refund the Series 1984 Bonds (the "Refunding Project") through the issuance of its "Salt Lake City, Utah Industrial Development Revenue Refunding Bonds, Series 1989" (the "Bonds") in an aggregate initial principal amount not to exceed $7,500,000; and WHEREAS, the Bonds will be payable from certain payments to be made by the Company pursuant to a Financing Agreement dated as of December 1, 1989 between the Company and the City (the "Financing Agreement") and will be further secured by a Letter of Credit issued by The Sumitomo Bank, Ltd., acting through its Chicago Branch; and WHEREAS, the Bonds will be purchased by Boettcher & Company, Inc. (the "Underwriter") pursuant to a Bond Purchase Agreement (the "Bond Purchase Agreement") between the Underwriter and the City; and -2- WHEREAS, the Bonds will be offered to the public by the Underwriter pursuant to a Preliminary Official Statement relating to the Bonds (the "Preliminary Official Statement"); and WHEREAS, the City Council of the City (the "Council") deems it necessary and advisable to authorize the sale and issuance of the Bonds and to authorize the execution and delivery of the Financing Agreement, the Indenture, the Bond Purchase Agreement, a Tax Agreement among the City, the Company and the Trustee (the "Tax Agreement") and a final Official Statement relating to the Bonds (the "Official Statement"); and WHEREAS, a form of the Financing Agreement, a form of the Indenture, a form of the Bond Purchase Agreement, a form of the Tax Agreement and a form of the Preliminary Official Statement have been presented to the Council and.filed with the City Recorder prior to the date hereof; and WHEREAS, the Act and all documents to be signed by the City provide that the Bonds are special, limited obligations of the City and shall not constitute nor give rise to a general obligation or liability of the City or a charge against its general credit or taxing powers. NOW THEREFORE, be it resolved by the Council as follows: Section 1. All action (not inconsistent with the provisions of this resolution) heretofore taken by the City or the officers of the City directed toward the financing of the Refunding Project and the issuance and sale of the Bonds therefor is hereby ratified, approved and confirmed. Section 2. To defray the costs of the Refunding Project, there is hereby authorized the issuance of the Bonds as fully registered bonds, in an aggregate initial principal amount not to exceed $7,500,000 and in an aggregate value at maturity not to exceed $ . The Bonds shall be issued in accordance with and pursuant to the Indenture in the form presented to the Council at the meeting at which this resolution was adopted, with such changes and additions as are approved by the Mayor. The execution of the Indenture by the appropriate offices of the City shall be conclusive evidence of the approval by the City of such document in accordance with the terms hereof. The form of Indenture is on file at the office of the City Recorder and may there be examined during normal business hours by any interested person. Section 3. The Bonds shall be sold to the Underwriter pursuant to the Bond Purchase Agreement at a purchase price equal to the initial principal amount of the Bonds. Section 4. The Financing Agreement, the Indenture, the Tax Agreement and the Bond Purchase Agreement, in the form presented to the Council at this meeting which such changes and additions as are approved by the Mayor and not inconsistent with -3- the terms of this resolution, and the Bonds, with such detail and provisions as are required by the Indenture, are hereby approved in all respects. The execution of such documents by the appropriate officers of the City shall be conclusive evidence of the approval by the City of such documents in accordance with the terms hereof. The Mayor is hereby authorized to execute each of the same on behalf of the City and the City Recorder is hereby authorized to attest to each of the same on behalf of the City and to affix the seal of the City thereto and the acts of the Mayor and City Recorder in so doing are and shall be the act and deed of the City. The Mayor, the City Recorder and all other proper officers and employees of the City are hereby authorized and directed to take all steps on behalf of the City to perform and discharge the obligations of the City under each of said documents. Section 5. The sale of the Bonds to the Underwriter at a price not to exceed the price set out in Section 3 hereof is hereby authorized, approved and confirmed, and the Mayor is hereby authorized and directed to execute, with such changes and additions as are approved by the Mayor and the City Recorder to attest and deliver the Bond Purchase Agreement. Section 6. The City authorizes the use by the Underwriter of the Preliminary Official Statement is marketing the Bonds and authorizes the Official Statement. The Official Statement shall be in the form of the Preliminary Official Statement presented to the Council at this meeting, with such changes therein as are approved by the Mayor or are necessary to conform such Official Statement to the provisions of the Indenture, Financing Agreement, Tax Agreement, Bond Purchase Agreement and other documents relating to the Refunding Project as finally executed. The Mayor is authorized to execute and deliver the Official Statement on behalf of the City. The execution of the Official Statement by the Mayor shall be conclusive evidence of the approval by the City of the Official Statement in accordance with the terms hereof. Section 7. Pursuant to Section 11-17-13, Utah Code Annotated 1953, as amended, the City includes herein the pledge and undertaking of the State of Utah that the State of Utah will not alter, impair or limit the rights vested hereunder or in the Bonds, the Financing Agreement, the Indenture or any of the documents contemplated hereby until the Bonds have been fully paid and discharged in accordance with the Indenture and all obligations of the City under the Bonds, the Financing Agreement, the Tax Agreement and the Indenture are fully performed. Section 8. The Mayor, the City Recorder and other officers of the City are hereby authorized to execute all documents and take such action as they may deem necessary or advisable in order to carry out and perform the purpose of this resolution and the execution or taking of such action shall be conclusive evidence of such necessity or advisability, including the execution and delivery of closing documents in connection with the issuance of the Bonds. All action heretofore taken by the City, its officers and employees, with respect to the issuance and sale of the Bonds, is hereby ratified and confirmed. -4- Section 9. It is hereby declared that all parts of this resolution are severable and that if any section, paragraph, clause or provision of this resolution shall, for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of any such section, paragraph, clause or provision shall not affect the remaining provisions of this resolution. Section 10. All resolutions and ordinances or parts thereof heretofore adopted or passed which are in conflict with any of the provisions of this resolution are, to the extent of such conflict, hereby repealed. Section 11. The Council hereby directs the City Recorder to make an appropriate notation on the books of the City that the City is electing to issue the Bonds as an exempt small issue of $10,000,000 or less under Section 144(a)(4) of the Internal Revenue Code of 1986, as amended. Section 12. This resolution shall become effective immediately upon its adoption by the Council. Passed and approved this 12th day of December 1989 by the City Council of Salt Lake City, Utah. SALT LAKE CITY, UTAH Chairperson ATTEST: City Recorder ( SEAL ) -5- After conduct of other business not pertinent to the above, the meeting was, on motion duly made and seconded, adjourned. SALT LAKE CITY, UTAH Chairperson ( SEAL ) ATTEST: City Recorder -6- STATE OF UTAH ) ss. COUNTY OF SALT LAKE ) I, Kathryn Marshall, the duly qualified and acting City Recorder of Salt Lake City, Utah, do hereby certify according to the records of the Salt Lake City, Utah, City Council (the "Council") in my possession, that the foregoing constitutes a true, correct and complete copy of the proceedings of the Council held on December 12, 1989, insofar as said minutes pertain to the matters set forth herein. IN WITNESS WHEREOF, I have hereunder subscribed by signature and impressed hereon the official seal of Salt Lake City, Utah this 12th day of December 1989. City Recorder ( SEAL ) -7- EXHIBIT A CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I, Kathryn Marshall, the undersigned, the duly qualified City Recorder of Salt Lake City, Utah (the "City") do hereby certify, according to the records of the City in my official possession, and upon my own knowledge and belief, that 1. In accordance with the requirements of Section 52-4-6(2), Utah Code Annotated 1953, as amended, I gave public notice of the agenda, date, time and place of the December 12, 1989 public meeting held by the City Council of the City (the "Council") by causing a Notice of Public Meeting to be posted at the principal office of the Council at 324 South State Street, in the City on December _, 1989, at least 24 hours prior to the convening of such meeting, in the form attached hereto as Schedule 1; such Notice of Public Meeting having continuously remained so posted and available for public inspection during the regular office hours of the Council until the convening of the meeting; and causing a copy of said Notice of Public Meeting in the form attached hereto as Schedule 1 to be provided on December _, 1989, at least 24 hours prior to the convening of such meeting to the Salt Lake City Tribune, a newspaper of general circulation within the geographic jurisdiction of the City, and to each local media correspondent, newspaper, radio station or television station which has requested notification of meetings of the Council; and 2. In accordance with the requirements of Section 52-4-6(1), Utah Code Annotated 1953, as amended, public notice of the 1989 Annual Meeting Schedule of the Council was given specifying the date, time and place of the regular meetings of the Council scheduled to be held during the year, by causing a Notice of Annual Meeting Schedule (in the form attached as Schedule 2) to be posted on , 1989, at the principal office of the Council in the City; such Notice of Annual Meeting Schedule having continuously remained so posted and available for public inspection during the regular office hours of the undersigned until the date hereof; and causing a copy of such Notice of Annual Meeting Schedule to be provided on , 1989, to a newspaper of general circulation within the geographic jurisdiction of the City; IN WITNESS WHEREOF, I have hereunto subscribed my official signature and impressed hereon the official seal of Salt Lake City, Utah, this 12th day of December 1989. City Recorder ( SEAL ) -8- SCHEDULE 1 AGENDA -9- SCHEDULE 2 NOTICE OF ANNUAL MEETING SCHEDULE -10- /44.457-.. STAFF RECOMMENDATION Interlocal Agreement for Police in Schools STAFF RECOMMENDATION BY: Cam Caldwell ACTION REQUESTED_OF COUNCIL: Approval of interlocal agreement with Salt Lake City Board of Education to obtain partial reimbursement for two police officers at Northwest and Glendale Intermediate schools. BACKGROUND_ INFORMATION: For many years the Police Department has had an arrangement with the Board of Education in which they pay for a portion of the costs of Police who work at the school sites. Earlier this year, Council had been presented with a similar interlocal agreement to provide two new officers for Northwest and Glendale intermediate schools. The Board of Education chose not to sign that agreement because it extended beyond the current. year. Thus, this new agreement references only the current year. The number of Police personnel at the schools is now five. STAFF ANALYSIS AND RECOMMENDATION: This agreement is an expansion of the number of Police officers working with the school system. These officers are juvenile officers which have already been budgeted. The revenue to be obtained from the Board of Education is new revenue. RECOMMENDED MOTIONS: I move that the City Council suspend the rules and approve the interlocal agreement with the Board of Education in which they will reimburse the City $24,000 for two officers at Northwest and Glendale intermediate schools. ANTICIPATED OPPOSITION: None. • ?A _'MEN IDENR it�tY l;T • 315 EAST 200 SOUTH r TELEPHONE(801)799-3000 __ MIKE CHABRIES FAX(801)799-3557 SALT LAKE CITY, UTAH 84111 CHIEF OF POLICE November 3, 1989 Mayor Palmer DePaulis Salt Lake City Corporation City and County Building . Salt Lake City, Utah 84111 Dear Mayor, The attached contract has been previously processed by the city but was not signed by the Board of Education of Salt Lake City due to the binding of the agreement in future years . The agreement has been redone and we request that it be processed. This current agreement provides for the placement of two officers (from existing authorized) to be placed in the Northwest and Glendale Intermediate schools. For those services during the school year the School Board will reimburse the city in the amount of $24 , 000 . These funds have not been previously included in the revenue projections of the city. Your assistance is appreciated . Sinc rely R.H. Nievaard, Deputy Chief Investigative Bureau /jb Attachment RESOLUTION NO. OF 1989 AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND BOARD OF EDUCATION OF SALT LAKE CITY, UTAH WHEREAS, Title 11 Chapter 13 of the Utah Code Annotated 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 . That it does hereby approve the attached agreement generally described as follows : An interlocal cooperation agreement providing for the services of a full time police officer for Northwest • and Glendale Intermediate Schools in Salt Lake City. 2 . Palmer A. DePaulis , Mayor of Salt Lake City, Utah is hereby authorized to execute said agreement on behalf of Salt • Lake City Corporation and to act in accordance with its terms . • Passed by the City Council of Salt Lake City this day of , 1989 . SALT LAKE CITY COUNCIL CHAIRPERSON FORM ATTEST: APQpE Tip Satt Lakeov C;tyO Ati AS o Date °YS Office CITY RECORDER gy FMN:cc AGRNT THIS AGREIIMIT made this day of 1989, by and between SALT LAKE CITY CORPORATION, a municipal corporation of the State of Utah, hereinafter referred to as "CITY" and the BOARD OF EDUCATION OF SALT LAKE CITY, UTAH hereinafter referred to as "BOARD". WITNESSEPH: WHEREAS, Board and City have each determined that it would be mutually advantageous for Board to avail itself of the services of a full-time police officer for Northwest and Glendale Intermediate Schools in Salt Lake City; and WHEREAS, City will make two (2) fully trained officers available for said purpose and Board will reimburse City $12,000 for each officer, for a total of $24,000, for the school year 1989-1990. NOW, THEREFORE, in consideration of the premises and the convents and promises hereinafter contained, it is agreed by and between the parties hereto as follows: 1. That City shall furnish to Board two (2) fully trained police officers from City police officers from City Police Department; one (1) officer to be assigned to Northwest Intermediate School and one (1) to be assigned to Glendale Intermediate School. 2. That said officers shall be so assigned for duty at said schools until and including the completion of school year 1989-1990 until this Agreement is terminated by either party upon presentation of 30 days written notice to the other. Upon such termination, the Board shall pay the City for services of its officers through the effective date of cancellation. 3. That Board shall be permitted to screen the officers selected to be used for these purposes, but final selection shall be left to City and its Police Department. 4. That the hours and days of employment of said officers are to be agreed upon mutually between the Chief of Polio of Salt Lake City and the School Board, including overtime hours. 5. It is specifically understood that the ultimate jurisdiction and authority of said officer shall be and remain in City and its Police Department. However, Board and City may, from time to time, agree upon general nature of the duties and functions of the officer. 6. That Board shall reimburse City for the aforesaid service of said officers at the rate of $12,000 for each officer during the school year of 1989-1990. City shall bill Board during the first week following the end of each quarter, and Board shall pay said bill within 30 days of billing. IN WITNESS WHEREOF, the parties to this agreement have hereunto set their hands and seals the day and year first above written. SALT LAKE CITY CORPORATION MAYOR ATTEST: CITY RECORDER BOARD OF EDUCATION OF SALT LAKE CITY, UTAH ATTEST: BY . • . CLERK-TREASURER PRESIDENT (TITLE) STATE OF UTAH - :ss. County of Salt Lake ) On the day of 1989, personally appeared before me PALMER A. DEPAULIS and EATHRYN MARSHALL, the signers of the foregoing instrument, who being by me duly sworn, did say that they are the Mayor and City Recorder, respectively, of SALT LAKE CITY CORPORATION, a municipal corporation of the State of Utah, and said persons acknowledged to me that said corporation executed the same. NOTARY PUBLIC, residing in Salt Lake County, Utah My Commission Expires: STATE OF UTAH :ss. County of Salt Lake ) On the day of , 1989, personally appeared before me and • who being by me duly sworn, did say that they are the President and Clerk- Treasurer, respectively, of the BOARD OF EDUCATION OF SALT LAKE CITY, UTAH; and that said agreement was executed by them on behalf of said Board by authority of a Resolution (or bylaws) of its Board of Directors; and said persons acknowledged to me that said corporation executed the same. NOTARY PUBLIC, residing in Salt Lake City My Commission Expires: BD799 (PF) Salt Lake City, Utah December 12, 1989 The City Council of Salt Lake City, Salt Lake County, Utah met in regular session at the meeting place of said Council at 451 South State, Salt Lake City, Utah at 6:00 p.m. on Tuesday, the 12th day of December, 1989, at which meeting there were present and answering roll call the following members who constituted a quorum: W. M. "Willie" Stoler Chairperson Florence Bittner Councilmember Sydney Reed Fonnesbeck Councilmember Alan Hardman Councilmember L. Wayne Horrocks Councilmember Roselyn N. Kirk Councilmember Thomas M. Godfrey Councilmember Also present: Palmer A. DePaulis Mayor Roger Cutler City Attorney Kathryn Marshall City Recorder Absent: None After the conduct of business not related to the matters contained in this excerpt of minutes, the following resolution was introduced in writing, fully discussed and pursuant to motion duly made by Councilmember Horrocks and seconded by Councilmember Bittner was adopted by the following vote: YEA: NAY: The resolution was then signed by the Chairperson and recorded by the City Recorder in the official records of Salt Lake City, Utah. The resolution is as follows: RESOLUTION NO. of 1989 RESOLUTION AUTHORIZING THE EXECUTION OF A SIXTH SUPPLEMENTAL INDENTURE FOR THE $8,800,000 SALT LAKE CITY, UTAH INDUSTRIAL DEVELOPMENT REVENUE BONDS (LANDMARK HOTEL-AIRPORT HOLIDAY INN PROJECT) SERIES 1986. WHEREAS, Salt Lake City, Utah (the "Issuer"), issued its $8,800,000 Industrial Development Revenue Bonds (Landmark Hotel-Airport Holiday Inn Project) Series 1986 (the "Bonds") pursuant to an Indenture of Trust dated as of December 1, 1986 (the "Indenture") , between the Issuer and Commerce Bank and Trust Company, as trustee (the "Trustee"), to finance the acquisition, renovation and development by Landmark Hotel Corporation, a Kansas corporation, or its 50% subsidiary, Mid-America Hotel Corporation, a Kansas corporation (collectively, the "Company"), of the existing Airport Holiday Inn Hotel located within the boundaries of the Issuer (the "Project"); and BD799 (PF) 2 WHEREAS, pursuant to the Indenture, as amended on September 1, 1987, February 1, 1988, August 1, 1988, January 1, 1989 and July 1, 1989, the proceeds from the sale of the Bonds (the "Bond Proceeds") were placed in escrow (the "Escrow") until December 21, 1989, to secure the payment of the Bonds until such time as the acquisition of the Project by the Company could be completed, whereupon the Bond Proceeds would be released from the Escrow to finance said acquisition and a mortgage on and security interest in the Project would be granted to secure the payment of the Bonds; and WHEREAS, the Company has diligently pursued the acquisition of the Project and has indicated to the Issuer that it will require until July 21, 1990 to complete the acquisition of the Project as originally intended under the Indenture; and WHEREAS, the Company accordingly has requested that the Issuer's City Council (the "Council") authorize, and the Council considers it to be in the best interests of the Issuer and its inhabitants that it authorize, an additional extension until July 21, 1990 of the Escrow in order to facilitate the acquisition of the Project by the Company as originally intended under the Indenture; and WHEREAS, the Council therefore desires to authorize the Issuer's . Mayor and City Recorder (the "Mayor" and- "Recorder," respectively) to execute and attest on behalf of the Issuer a Sixth Supplemental Indenture of Trust (the "Amendment") between the Issuer and the Trustee in substantially the form presented to this meeting of the Council and attached hereto as Exhibit "A" in order to effect said extension. NOW, THEREFORE, Be It Resolved by the City Council of Salt Lake City, Salt Lake County, Utah, as follows: BD799 (PF) 3 Section 1. The terms defined or described in the recitals hereto shall have the same meanings when used in the body of this Resolution. Section 2. In order to extend the Escrow until July 21, 1990 and to facilitate the acquisition of the Project by the Company and thus effect the original intent of the Indenture pursuant to which the Bonds were issued, the Mayor or Acting Mayor and Recorder are hereby authorized and directed to execute and attest the Amendment in substantially the form attached hereto as Exhibit"B", and the Bonds in the form attached as an exhibit thereto, prior to December 21, 1989, with such changes, omissions, insertions and revisions as the Mayor or Acting Mayor shall approve, and subject to the approval of the Issuer's City Attorney (the "City Attorney") . The approval of the Mayor or Acting Mayor and the City Attorney of any such changes, omissions, insertions and revisions shall be conclusively established by the Mayor's or Acting Mayor's execution of the final form of the Amendment, and amended form of Bonds, respectively. Section 3. The Mayor, Acting Mayor, Recorder and such other officials of the Issuer as may be required, are hereby authorized and directed to execute such other documents or certificates, and to perform such other acts, as may be necessary or desirable to carry out or effect _ the intent hereof. Section 4. It is hereby declared that all parts of this Resolution are severable, and if any section, clause or provision of this Resolution shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of any such section, clause or provision shall not affect the remaining sections, clauses or provisions of this Resolution. BD799 (PF) 4 Section 5. All resolutions, orders and regulations or parts thereof heretofore adopted or passed which are in conflict herewith are, to the extent of such conflict, hereby repealed. This repealer shall not be construed so as to revive any resolution, order, regulation or part thereof heretofore repealed. Section 6. This Resolution shall take effect immediately upon its approval and adoption. BD799 (PF) 5 PASSED, APPROVED AND ADOPTED this 12th day of December, 1989, by the City Council of Salt Lake City, Utah. Chairperson AITLST: City Recorder ( SEAL ) BD799 (PF) 6 After conduct of other business not pertinent to the above, the meeting was, on motion duly made and seconded, adjourned. Chairperson AFIEST: City Recorder ( SEAL ) BD799 (PF) 7 PRESENTATION TO THE MAYOR The foregoing resolution was presented to the Mayor for his approval or disapproval on the 12th day of December, 1989. Chairperson MAYOR'S APPROVAL OR DISAPPROVAL The foregoing resolution is hereby approved this 12th day of December, 1989. Palmer DePaulis Mayor BD799 (PF) 8 STATE OF UTAH ) . ss. COUNTY OF SALT LAKE ) I, Kathryn Marshall, the duly qualified City Recorder of Salt Lake City, Salt Lake County, Utah (the "Issuer"), do hereby certify, according to the records of the Issuer in my official possession, that the above and foregoing is a true and correct copy of the minutes of a meeting of the Issuer's City Council, including a resolution adopted at said meeting, insofar as said minutes pertain to the matters therein set out. IN WITNESS WHEREOF, I have hereunto subscribed my official signature and impressed hereon the seal of the Issuer this 12th day of December, 1989. City Recorder ( S E A L ) BD799 (PF) 9 CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I, Kathryn Marshall, the undersigned City Recorder of Salt Lake City, Salt Lake County, Utah (the "Issuer"), do hereby certify, according to the records of the City Council of Salt Lake City in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-6(2), Utah Code Annotated 1953, as amended, I gave not less than twenty-four (24) hours public notice of the agenda, date, time, and place of the December 12, 1989 public meeting held by the City Council as follows: (a) By causing a Notice, in the form attached hereto as Schedule "A", to be posted at the office of the Salt Lake City Council at 451 South State Street, Salt Lake City, Utah on December , 1989, at least twenty-four (24) hours prior to the convening of the meeting, said Notice having continuously remained so posted and available for public inspection until the completion of the meeting; and (b) By causing a copy of such Notice, in the form attached hereto as Schedule "A", to be delivered to the Deseret News on December _, 1989, at least twenty-four (24) hours prior to the convening of the meeting. IN WITNESS WHEREOF, I have hereunto subscribed my official signature this 12th day of December, 1989. City Recorder ( SEAL ) BD799 (PF) 10 SCHEDULE "A" NOTICE OF MEETING BD799 (PF) 11 SCHEDULE "B" SIXTH AMENDMENT TO THE INDENTURE BD799 (PF) 12 C7 SA ,° f ,Eally( copO� Y°'e ,LNT, CRAIG E. PETERSON z gem z ram, -,_ DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 218 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 To: Salt Lake City Council October 20, 1989 Re: Petition No. 400-710-89 submitted by Gilbert and Thelma Iker. Recommendation: That the City Council hold a public hearing on December/8, 1989 at 6:A0 p.m. to discuss Petition No. 400-710-89 submitted by Gilbert and Thelma Iker. The petitioners are requesting that property located at 1307 South 900 West be rezoned from Residential "R-2" to Business "B-3"; also that the northwest corner of 1300 South and 900 West be rezoned from a Business "B-3" to a Residential "R-2" district as initiated by the Planning Commission. Availability of Funds: Not applicable. Discussion and Background: The petitioners are requesting that the property now used for parking and open space for their existing office building be rezoned to allow for the expansion of their office building. The original petition requested that only 40 feet of their corner lot be rezoned from the "R-2" to the "B-3" and was ready to submit to the Council for approval but the Iker's were successful in purchasing the adjacent lot from the owner who was concerned about the rezoning request. The Iker's now own the entire corner and have requested that it be rezoned to the "B- 3" classification. The Planning Commission has reviewed the Iker's request and has recommended approval. The Planning Commission has also recommended that the property across the street, the northwest corner of 900 West and 1300 South, be rezoned from the current "B-3" to a "R-2" classification. The "R-2" classification better reflects the current residential use of this area. The housing located along the west side of 900 West, north of 1300 South is identified as historically significant by the Salt Lake City Architectural Survey. This rezoning is consistent with the update master plan for this area. Legislative Action: The City Attorney's Office has prepared and approved the necessary ordinance and is ready for your action. Submitted by: erf,„" AEL B. Acting Dir Community and Economic Development lf/ SALT LAKE CITY ORDINANCE No. of 1989 (Rezoning property located at 1307 South 900 West from "R-2" to "B-3" and then northwest corner of 1300 South 900 West from "B-3" to "R-1" pursuant to Petition No. 400-710-89 and Planning Commission initiative) 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 GILBERT and THELMA IKER, No. 400-710-89 , and a Planning Commission initiative, 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 at 1307 South 900 West from "R-2' to "B-3" and the northwest corner of 1300 South 900 West from "B-3" to "R-1" is appropriate for the development of the community in that area; THEREFORE, The City Council of Salt Lake City, Utah, hereby adopts the following amendments to the Use District provisions of Title 21 . Be it ordained by the City Council of Salt Lake City, Utah : SECTION 1 . That the Use District Map, as adopted by Section 21 . 14 . 020 of the Salt Lake City Code, relating to the fixing of boundaries of Use Districts, be, and the same hereby is AMENDED to read as follows : Sec. 21 . 14 . 020 . Boundaries of Districts - Use District Map Adopted. That the following-described parcel of real property in Salt Lake City, Utah, presently zoned Residential "R-2" (Parcel 1 ) and Business "B-3" (Parcel 2 ) are hereby rezoned Business "B-3" (Parcel 1 ) and Residential "R-2" (Parcel 2 ) and the Use District Map is amended accordingly: Parcel 1 "R-2" to "B-3" BEGINNING at monument 6423 at the center of the intersection of 1300 South and 900 West, located in 46,! _ Block 5, 5 Acre Plat B, Big Field Survey of Salt Lake City; thence N 89°57 ' 37" E 257 . 5 ft . ; thence S 10j89 0°10 ' 50" W approximately 394 . 35 ft. ; thence S 86°24 ' 08" W approximately 254 . 43 ft. ; thence N 0°10 ' 30" E approximately 394 . 43 ft . ; to point of BEGINNING Parcel 2 "B-3" to "R-2" FROM monument 6423 at the center of the intersection of 1300 South and 900 West; thence West 38 . 2 ft . ; a thence North 22 . 15 ft. to point of BEGINNING; thence D North 125 . 0 ft . ; thence West 125. 0 ft. ; thence South —cAe 125 . 0 ft. ; thence East 125 . 0 ft. along the north 1. R.O.W. of 1300 South; back to the point of BEGINNING. SECTION 2 . EFFECTIVE DATE. This ordinance shall become effective upon publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . CHAIRPERSON -2- SAD° �r s a: 0ZpTYr O WO 0 PION �.'.' EN C. JOHNSON, AICP PLANNING AND ZONING aA':N'10 CIR EC-TOR COMMISSION MEMBERS. I IAM T WRIGHT, AICP COMMUNITY AND ECONOMIC DEVELOPMENT RALPH BECKER DIREc oR PLANNING DIVISION DAN BETHEL -,O-LONG RANGE PLANNING Planning and Zoning Commission CINDY CROMER '-ND URBAN DESIGN THOMAS A. ELLISON SANDRA MARLER 451 SOUTH STATE STREET LAVONE LIDDLE-GAMONAL RICHARD J. HOWA TAR: ROOM 406, CITY AND COUNTY BUILDING RALPH P. NEILSON SALT LAKE CITY, UTAH 84111 GEORGE NICOLATUS TELEPHONE 535-7757 JOHN M. SCHUMANN August 18 , 1989 Mr . Craig Peterson, Director Community and Economic Development Room 218 , City & County Building Salt Lake City, Utah 84111 Re: Petition 400-710-89 , by Gilbert and Thelma Iker requesting rezoning property at 1307 South 900 West from Residential "R-2" to Business "B-3" ; also to rezone the northwest corner of 1300 South and 900 West from a Business "B-3" to a Residential "R-2" district as initiated by the Planning Commission Dear Craig : Please find attached Petition 400-710-89 , from Gilbert and Thelma Iker requesting Salt Lake City to rezone property located on the southeast corner of 1300 South Street and 900 West Street from Residential "R-2" to Business "B-3" . The proposed use is an expansion of the Ikers ' office facilities on the petition site. At their regular meeting, August 10 , 1989 , the Salt Lake City Planning Commission voted to recommend approval of this request to the City Council . The Planning Commission also recommended rezoning the northwest corner of the same intersection from . a Business "B-3" to a Residential "R-2" district . The current "B-3" zoning is incompatible with the residential use of the corner and the Westside Communit-.- Master Plan . The legal descriptions of the rezoni_Igs are as fellows : Craig Peterson letter , Petition 400-710-89 , p. 2 Residential "R-2" and existing Business "B-3" to Business "B-3" : BEGINNING at monument 6423 at the center of the intersection of 1300 South and 900 West , located in Block 5 , 5 Acre Plat B, Big Field Survey of pit Lake City; thence N 89° 57 ' 37" E 257 . 5 ft. . thence S 0 10 ' 50" W approximately 394 . 35 ft. b thence S 86 24 ' 08" W approximately 254 . 43 ft . ; thence N 0 10 ' 30" E approximately 394 . 43 ft . ; to point of BEGINNING Business "B-3" to Residential "R-2" : FROM monument 6423 at the center of the intersection of 1300 South and 900 West; thence West 38 . 2 ft . ; thence North 22 . 15 ft . to point of BEGINNING; thence North 125 . 0 ft. ; thence West 125 . 0 ft. ; thence South 125 . 0 ft . ; thence East 125 . 0 ft . along the north R.O.W. of 1300 South; back to the point of BEGINNING. A copy of the planning staff report and supporting documentation is attached for your reference. If you have any questions , please contact me or Neil Olsen, the Westside Community Planner . Sincerely, tdKik VV William T. Wright, AICP Deputy Planning Director WTW: nho attachments cc : John Schumann, Chairman, Planning Commission Wayne Horrocks, Councilman , District 2 Gilbert and Thelma Iker , Petitioner File Salt Lake City Planning and Zoning Commission Petition 400-710-89 by Gilbert and Thelma Iker OVERVIEW The petitioner is requesting expansion of an existing Business "B-3" zone on the southeast corner of 1300 South Street and 900 West Street from its present 125-foot boundary to include the eastern 40 feet of the petitioners ' parcel . Staff recommends extending the rezoning to include all of the Residential "R-2" zoning district west of a line 231 Beet east from 900 West. Street and between 1300 South and California Avenue . If granted , the zoning change would facilitate the expansion of office facilities on the petition site. Additionally , it is requested that the existing Business "B-3" zoning district on the northwest corner of the same intersection be rezoned to a Residential "R-2" district. Vicinity Map of Petition Area 0R .211 •iffi i NE q d �_ O f�Rao iT 0� s / `i• , A t _ 0 P e , ,O••0.•. c- ' l O O r -1 r e . TH it • . _i3 r / r(�(,� •. , WIll j . ti 7A ' '• A I / I 11 17' Kr X . rThL!T44I �aTta ae o BACKGROUND The petitioner has requested that property now used for parking and open space for an existing office building be rezoned to allow for the expansion of that office building . This portion of the petition site was granted a conditional use to allow parking in a residential zone for the adjacent office building . The surrounding area adjacent to the petition site is generally occupied by single family homes , neighborhood businesses , and one nonconforming business . On April 19 , 1982 , the Salt Lake City Board of Adjustment granted Case No . 8909 , which allowed the petitioner to construct a parking lot in a Residential "R-2" zone . This lot is located immediately east of the office building which was also constructed in 1982 . Petition 400-710-89 , p. 2 On April. 13 , 1989 , the Planning Commission moved to recommend approval of this petition, agreed with the staff recommendation of expanding the Business "B-3" zone, and suggested that staff explore the feasibility of including the northwest corner of the same intersection--a residential area incompatibly zoned Business "B-3" . ANALYSIS The petitioner had originally requested that only the eastern 40 feet of their corner lot be rezoned from a Residential "R-2" classification to Business "B-3" . The staff concurred in expanding this request to include all the parcels from the east line of the petitioner ' s parking lot west to 900 West and between 1300 South and California Avenue . After discussing this with the petitioner , it was agreed that while this area is substantially larger than what was requested in the original petition, it could provide the flexibility to instigate additional reinvestment and development in the area . The petitioner has since acquired all but one parcel of the remaining land in the proposed rezoning. The land use of the area includes the petitioner ' s office building , built in 1982 , which was the last substantial investment made in this neighborhood . Single family homes directly to the south of the petition area are in substandard condition. Other structures in the area include an abandoned single family home, a nonconforming office and storage building which is accessory to the petitioner ' s main office building . Last year , the city widened the 900 West Street right-of-way. The existing homes south of the petitioner ' s office building are now located within a few feet of the public sidewalk. Initial research for the Westside Community Master Plan Update acknowledges the properties between 1300 South and California Avenues on the east side of 900 West Street as transitional . Neighborhood-oriented business located at the northeast corner of California Avenue and 900 West Streets is the recommendation of staff in that preliminary Master Plan Update. The Planning Commission directed the staff to research the northwest corner of 900 West and 1300 South Streets, which is currently zoned Business "B-3" . This zoning is incompatible with the long-standing residential land use. RECOMMENDAT I ON The Planning Staff recommends that the Planning Commission approve Petition 400-710-89 and expand the Business "B-3" zoning district to include all of the area west of the property line 231 feet east of the southeast corner of the intersection of 900 West and 1300 South Streets . This recommendation is based on evidence that the proposed development would generally be in keeping with the master plan now being developed for the area and Petition 400-710-89 , p. 3 appropriately market the property for reinvestment and redevelopment of this neighborhood . Additionally, the staff recommends the rezoning of the northwest corner of the same intersection from Business "B-3" to Residential "R-2" . The 1974 Westside Community Plan designates this area for residential use. The Updated Plan acknowledges the ' inconsistency between the existing residential land use and the existing "B-3" zoning . Housing located along the west side of 900 West north of 1300 South is identified as historically significant by the Salt Lake City Architectural Survey--Southwest Survey Area . Vicinity Map of Staff Recommendation • • _ STAFF RECOMMENDED' ♦♦♦���♦♦�•. 4 4,♦:♦ - ZONING CHANGE ♦♦♦♦♦ AAA 1300 SOUTH • 4 I I— I NORTH wt 0 CALIFORNIA AVENUE • • Neil H. Olsen, AICP City Planner II 18 July 1989 PC MINUTES Page 4 August 10, 1989 Petition No. 400-754 by U.S. West for a permit to place concrete in the landscape park strip on City property at 250 East 200 South. Mr. Doug Dansie presented the staff report and stated that this is a request by U.S. West for a permit to place concrete in the park strip on City property at 250 East 200 South in a C-3 district. The C-3 zone does not require on- site landscaping. The site presently has tile in the park strip which is breaking up and needs to be replaced. The project has been reviewed by the City's One-Stop Committee and the Engineering and Transportation departments have approved the plan. Transportation normally requires an eight foot clear area for pedestrian traffic in the Downtown core and six feet in other commercial areas. This proposal exceeds the standard. The Plaza creates a large amount of pedestrian traffic which would make maintenance of grass difficult. The majority of properties between 200 and 300 East have concrete park strips. As a general rule, properties outside the Central Business District should not have concrete paving in the park strip, but the Bell Plaza would be considered the eastern most edge of the CBD. The staff recommends this petition be approved because there is sufficient pedestrian activity to warrant a wider sidewalk for Bell Plaza and the adjacent properties have concrete park strips. This approval is subject to the following conditions; 1. Existing trees are kept and properly maintained. 2. All work meets Salt Lake City Engineering specifications. Ms. Stacey Jones, representing U.S. West, 250 Bell Plaza, stated that the existing tile is difficult to maintain and a hazard for the pedestrians. She requested the Planning Commission approve this petition. Mr. Nicolatus moved to approve Petition No. 400-754 subject to the conditions listed in the staff report. Mr. Howa seconded the motion; all voted "Aye." The motion passes. INFORMAL HEARING - Petition No. 400-710 by Gilbert and Thelma Iker requesting Salt Lake City to re- c r..ce. ; 1 7 rl7 200 `est from "R-2" to a Business "B-3" zoning district. Also, to rezone the northwest corner of 1300 South and 900 West from a Business "B-3" district to a Residential "R-2" zoning district as initiated by the Planning Commission. Mr. Wright stated that the Planning Commission had heard this matter in the format of an informal hearing in April, 1989. At that time, a property owner in the area expressed great concern about the staff's recoiruriendation to rezone a larger area than the petitioner had requested. The Planning Conuirission made the recommendation to rezone only that portion of the area requested by the petitioner and directed the Planning Staff to research this matter. Since that hearing, the petitioners, Gilbert and Thelma Iker, have purchased the property directly south of their former property, specifically, the property PC MINUTES Page 5 August 10, 1989 owned by the person who had been concerned about the rezoning. Therefore, the Planning Staff felt it was the proper time to bring this matter back before the Planning Commission for a more comprehensive rezoning of the area, including the northwest corner which currently exists under a business classification. Mr. Neil Olsen presented the staff report and stated that the petitioner is requesting expansion of an existing Business "B-3" zone on the southeast corner of 1300 South Street and 900 West Street from its present 125 foot boundary to include the eastern 40 feet of the petitioner's parcel. Staff recommends extending the rezoning to include all of the Residential "R-2" zoning district west of a line 231 feet east from 900 West Street and between 1300 South and California Avenue. If granted, the zoning change would facilitate the expansion of office facilities on the petition site. Additionally, it is requested that the existing Business "B-3" zoning district on the northwest corner of the same intersection be rezoned to a Residential "R-2" zoning district. The petitioner has requested that property now used for parking and open space for an existing office building be rezoned to allow for the expansion of that office building. This portion of the petition site was granted a conditional use to allow parking in a residential zone for the adjacent office building. The surrounding area adjacent to the petition site is generally occupied by single family homes, neighborhood businesses and one nonconforming business. On April 19, 1982, the Board of Adjustment granted Case 8909, which allowed the petitioner to construct a parking lot in a Residential "R-2" zone. This lot is located immediately east of the office building which was also constructed in 1982. On April 13, 1989, the Planning Commission moved to recommend approval of this petition, agreed with the staff recommendation of expanding the Business "B-3" zone, and suggested staff explore the feasibility of including the northwest corner of the same intersection---a residential area incompatibly zoned Business "B-3" . The petitioner originally requested only the eastern 40 feet of their corner lot be rezoned from a Residential "R-2" classification to Business "B-3". The staff concurred in expanding this request to include all the parcels from the east line of the petitioner's parking lot west to 900 West and between 1300 South and California Avenue. After discussing this with the petitioner, it was agreed that while this area is substantially larger than what was requested in the original petition, it could provide the flexibility to instigate additional reinvestment and development in the area. The petitioner has since acquired all but one parcel of the remaining land in the proposed rezoning. The Planning Commission directed staff to research the northwest corner of 900 West and 1300 South Streets which is currently zoned Business "B-3" . This zoning is incompatible with the long-standing residential land use. The Planning Staff recommends the Planning Commission approve Petition No. 400-710 and expand the Business "B-3" zoning district to include all of the area west of the property line 231 feet east of the southeast corner of the intersection of 900 West and 1300 South Streets. This recommendation is based on evidence that the proposed development would generally be in keeping with PC MINUTES Page 6 August 10, 1989 the master plan now being developed for the area and appropriately market the property for reinvestment and redevelopment of this neighborhood. Additionally, staff recommends the rezoning of the northwest corner of the same intersection from Business "B-3" to Residential "R-2". The 1974 Westside Community Plan designates this area for residential use. The Updated Plan acknowledges the inconsistency between the existing residential land use and the existing "B-3" zoning. Housing located along the west side of 900 West, north of 1300 South is identified as historically significant by the Salt Lake City Architectural Survey -- Southwest Survey Area. Ms. Thelma Iker stated that they purchased the property at 1309 South 900 West since the hearing in April, 1989. Mr. Gilbert Iker explained that they also had put down an earnest money payment for additional land in the area. Mr. Iker said Phase I of their plan is to expand their current building, and Phase II is to acquire the property further south of their property. Mr. Iker said they are interested in acquiring the property further south in order to maintain it and keep it consistent with the quality of upkeep on their property. The Ikers requested the Planning Commission approve this petition. Mr. Ellison abstained from the discussion and voting procedures on this portion of the Planning Commission meeting due to a conflict of interest. Ms. Cromer said her understanding was that the expansion/rezoning issue to the east of the Iker's Property had already been handled. Mr. Wright explained that the City Council tabled that action at the request of the Ikers. Mr. Bethel asked what the outcome for the houses east of the Iker property would be. Mr. Wright said those houses all front off of 1300 South and the master plan intends these houses to remain residential. Mr. Bethel said he felt comfortable rezoning the property to the south but felt the property to the east would be better left under the conditional use format. Ms. Cromer said she was not concerned about what the Ikers might develop but rather, what future developers might develop. Mr. Schumann opened the hearing to the public and asked if anyone wished to address the Planning Commission. Mr. Mel Ingersol, a property owner about a block-a block and a half east of the Iker's property, stated that he believes this area will become a blight area if this petition is not approved. He requested the Planning Commission Since no one else wished to address the Planning Commission, Mr. Schumann closed the hearing to the public. Ms. Cromer asked the if the property owners in the area had been notified of this hearing. Mr. Wright responded in the affirmative. Mr. Nicolatus moved to approve the petition subject to the conditions listed in the staff report. Mr. Howa seconded the motion; all voted "Aye" with the exception of Mr. Ellison who abstained from the vote. The motion passes. ) STAFF RECOMMENDATION PUBLIC SAFETY NON-CONTRIBUTORY RETIREMENT SYSTEM DECEMBER 7, 1989 STAFF RECOMMENDATION: LEE KING ACTION OF COUNCIL: Adopt the Non-Contributory Public Safety Ordinance for the Salt Lake City Police Department. BACKGROUND INFORMATION: Salt Lake City is a participant in the Public Safety Retirement System. Effective July 1 , 1989, the Utah Legislature enacted the Public Safety Non-Contributory Retirement Act which provides that participants in the State retirement system may elect to participate in the Public Safety Non-Contributory Retirement Plan within six months of the effective date of the legislation. The six month window runs out on 31 December 1989. The City must make its election by enacting a resolution or ordinance by the above date. As part of the process, a public hearing must be held at which time all public safety employees shall be given an opportunity to be heard on the question of whether the City should participate in the Public Safety Non-Contributory Retirement System. The public hearing is scheduled for December 12, 1989. STAFF ANALYSIS: One of the provisions of the Salt Lake City Police Contract for FY 1989-90 was that beginning April 1 , 1990, the retirement contribution for 500 series personnel would be paid by the City pending Council approval. Enacting this ordinance ratifies the Council's approval of the Memorandum of Understanding between Salt Lake City Corporation and the Salt Lake City Police Association. Funding for this agreement (500 series) was included as part of the budget. The Administration is also recommending that this plan be offered to the 300 series employees in the Police and Fire Departments. Funding for this request is not in the budget and will have to be absorbed by the Police and Fire Departments respectively. The rational for this recommendation is to lessen the compensation gap between 500 series employees and 300 series employees. RECOMMENDED ACTION: Adopt the ordinance as proposed. RECOMMENDED MOTIONS: I move that we close the public hearing. I move that we adopt the ordinance electing to participate in the Public Safety Non-Contributory Retirement System. ANTICIPATED OPPOSITION: None KAREN SUZUKI-HASHIMOTO ".,,��' r_S ��=r��O.,j iv����\®;g� PALMER DEPAULIS DIRECTOR - MAYOR FRANK ERASER DEPARTMENT OF HUMAN RESOURCES DEPUTY DIRECTOR AND PATRICIA CAMPBELL. c.c.P. ADMINISTRATIVE SERVICES COMPENSATION 8 BENEFITS MANAGER 451 SOUTH STATE STREET, ROOM 404 SALT LAKE CITY. UTAH 84111 TELEPHONE (801) 535-7900 MEMORANDUM TO: W.M. "Willie" Stoler, Chairperson Salt Lake City Council FROM: Karen Suzuki-Hashimoto ector Department of Human Resource & Administrative Services DATE: 20 November 1989 SUBJECT: Public Safety Non-Contributory Retirement Ordinance This memorandum is to formally request adoption of the attached Non-Contributory Public Safety Ordinance. Background and Discussion This provision was included in the Salt Lake City Police Contract for FY 1989-90, pending City Council approval. It provides for the retirement contribution for 500 series personnel to be paid by the City commencing 1 April 1990. This portion of the contract for paid retirement contribution was made in consideration for a two year, rather than one year contract. Had the Police Association decided against a multiple year contract, the offer for paid retirement contribution would have been withdrawn. The non-contributory retirement benefit provides for the entire retirement contribution to be paid by the City. Currently, the Police Officers participate in the Public Safety contributory retirement system. There is an employee/employer split in contribution payment. The non-contributory retirement plan under the Public Safety Retirement System requires the employer to pay the entire contribution. Election for participation in the Non- contributory retirement plan will require the City to pay the entire contribution. Actuarial projections assert that the City's contributions will probably decrease over time. If a Police Officer does not elect to participate in the Non-Contributory Chairperson Stoler 20 November 1989 Page 2 Retirement Plan, he/she will remain in the contributory plan where only the employer portion will be paid. Recommendations We recommend the adoption of the Public Safety Non-Contributory Ordinance. Additionally, if the non-contributory plan is made available to the 500 series, we further recommend that it be offered to the 300 series officers in the Police department. Chief Chabries recommended this proposal for reasons of consistency as well an as an endorsement of his management personnel. The compensation package provided to the 500 series employees, has advantages over the 300 Series Comp Plan. He felt that offering an additional 3 months of retirement payment would lessen the compensation gap. Funding Chief Chabries has stated that funds are available for the contributions. The cost is as follows: Police (500 Series) starting 4/1/90 $51, 755. 07 Police Officers starting 1/1/90 8, 543 . 52 TOTAL $60, 298 .59 As a point of information, the Fire Department has requested that their 300 series officers have their contributory retirement contribution paid. The cost of this plan will be $3 , 224 . 65. This would be consistent with the similar plan for the officers in the Police Department. The contributions for officers in the 300 series in both Police and Fire Departments will begin 1 January 1990. Contact Person I hope this information is helpful . If there are any questions, I will be pleased to repond. Addtionally, Chief Chabries and Acting Chief Florence may be contacted. KSH/k cc: Chief Chabries Acting Chief Florence Frank Nakamura Emilie Charles SALT LAKE CITY ORDINANCE No. of 1989 (The election by the City to participate in the Public Safety Non-Contributory Retirement System as defined by Sections 49-4a-101 et seq. of the Utah Code Annotated AN ORDINANCE ENACTING SALT LAKE CITY ORDINANCE NO. OF 1989 MAKING THE ELECTION BY THE CITY TO PARTICIPATE IN THE PUBLIC SAFETY NON-CONTRIBUTORY RETIREMENT SYSTEM AS DEFINED IN SECTIONS 49-4a-101 ET SEQ. OF THE UTAH CODE ANNOTATED. PREAMBLE: Salt Lake City Corporation is a participant in the Public Safety Retirement System as defined by Sections 49-4- 101 et seq. of the Utah Code Annotated. Effective July 1, 1989 , the Utah Legislature enacted the Public Safety Non- Contributory Retirement Act (the "Act" ) which provides, in part, that a political subdivision may elect to participate in the Public Safety Non-Contributory Retirement System within six months of the effective date of the Act. According to the Act, a political subdivision shall indicate whether or not it elects to participate in the Public Safety Non-Contributory Retirement System by enacting a resolution or ordinance to that effect. Prior to the enactment of the resolution or ordinance, a hearing must be held by the political subdivision, at which hearing all public safety employees of the political subdivision shall be given an opportunity to be heard on the question of whether the City should participate in the Public Safety Non-Contributory Retirement System. Notice of the hearing must be mailed to all employees within 30 days of the hearing and shall contain the time, place and purpose of the hearing. On November 7 , 1989 , the City Council fixed December 12, 1989 as the time for a public hearing to consider an ordinance making the election by the City to participate in the Public Safety Non-Contributory Retirement System. Notice of said public hearing was duly published. As required by Section 48-4a-205 of the Utah Code Annotated, notices of the hearing were mailed to all full-time Salt Lake City Corporation employees who are employed in "Public Safety Service" as defined by Section 49-4a-103 (3 ) of the Utah Code Annotated. A public hearing to consider an ordinance making the election to participate in the Public Safety Non- Contributory Retirement System was held on December 12, 1989 , in accordance with said notices, at which hearing all interested parties , including persons employed in Public Safety Service as defined by the Act, were heard and all comments were duly considered by the City Council. All conditions precedent have been met in order for the City to elect to participate in the Public Safety Non- Contributory Retirement System as defined by Sections 49-4a- 101 et seq. of the Utah Code Annotated. -2- Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . PURPOSE . The purpose of this ordinance is to make an election by the City to participate in the Public Safety Non-Contributory Retirement System as defined by Sections 49-4a-101 et seq. of the Utah Code Annotated. SECTION 2 . Salt Lake City Corporation hereby elects to participate in the Public Safety Non-Contributory Retirement System as defined by Sections 49-4a-101 et seq. of the Utah Code Annotated. SECTION 3 . (a) Any person who is entering full-time employment with Salt Lake City Corporation in "Public Safety Service" , as defined by Section 49-4a-103 (3 ) of the Utah Code Annotated, after the effective date of this ordinance, shall automatically become a member of the Public Safety Non-Contributory Retirement System. (b) Any person, who is in full-time employment with Salt Lake City Corporation in "Public Safety Service" , as defined by Section 49-4a-103( 3) of the Utah Code Annotated, prior to the effective date of this ordinance, may either become a member of the Public Safety Non-Contributory Retirement System or remain a member of the Public Safety Retirement System established under Chapter 4, Title 9 of the Utah Code Annotated, by following the procedures established by the Utah State Retirement Board pursuant to Chapter 4a, Title 49 of the Utah Code Annotated. -3- SECTION 4 . EFFECTIVE DATE. This ordinance shall take effect on December 31 , 1989 . Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s Action: Approved Vetoed MAYOR ATTEST: CITY RECORDER FMN:cc APPROVED AS TO FORM Salt Lake City Attomey's Office Date — 2 -------^ -4- • SALT 1 ORD/OORPO I�®N� CRAIG E. PETERSON w... DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 218 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 To: Salt Lake City Corporation November 7, 1989 Re: Petition No. 400-756-89 submitted by Ricks and Brown Architects Recommendation: That the City Council hold a public hearing on December 12, 1989 at 6:40 p.m. to discuss Petition No. 400-756-89 submitted by Ricks and Brown Architects for their client Mr. LeRoy Peterson if Printers, Inc. The petitioner is requesting that the alley adjacent to their property at 2185 South 900 East Street be vacated. Availability of Funds: Not applicable Discussion and Background: The petitions has been reviewed by the appropriate department who recommend that the western half of the alley abutting commercial properties be closed for sale to the abutting property owners and that the eastern half of the alleyway be vacated to the abutting residential property owners. Salt Lake City will retain ownership of the closed property south of Printer's Inc, until the abutting property owner is ready to purchase the property. The closure should be subject to the following conditions: 1. Coordination and retention of utility easements. 2. Eliminating outside storage on the Printer's Inc. property. 3. Maintain the east/west alleyway access by not allowing parked vehicles within this alley. 4. The petitioner pay for an M.A.I. appraisal and pay the City accordingly for the closed portion of the alleyway. Legislative Action: The City Attorney's Office has prepared and approved the necessary ordinance and is attached for your action. Submitted by: [CHAFL B. Z cting Direct Community and - `,velopoment SALT LAKE CITY ORDINANCE No. of 1989 ( Closing a portion and vacating a portion of an alley adjacent to 2185 South 900 East pursuant to Petition No. 400-756-89 ) AN ORDINANCE CLOSING A PORTION AND VACATING A PORTION OF AN ALLEY ADJACENT TO 2185 SOUTH 900 EAST PURSUANT TO PETITION NO . 400-756-89 . WHEREAS, the City Council of Salt Lake City, Utah, finds after public hearing that the City' s interest in the public alley described below is not necessary for use by the public as an alley and that closure and vacation of said alley will not be adverse to the general public' s interest nor will partial closure divest the City of title to the property without subsequent documents of transfer. N0W, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That a portion of the alley adjacent to 2185 South 900 East, which is the subject of Petition No. 400-756-89 , and which is more particularly described below, be, and the same hereby is, VACATED AND CLOSED and declared no longer to be needed or available for use as a public alley, with the title to the closed portion remaining with the City until subsequent sale for market value at a price fixed by a City approved MIDI appraiser with the appraisal cost paid by petitioner. Said alley is more particularly described as follows : Portion closed: commencing at the southeast corner of 900 East Street and Elm Avenue; thence 90 feet south along the East line of 900 East Street; thence east 142 . 5 feet along il _b-/•l the north line of Lot 22 of Fairmount Springs n Addition subdivision to the point of beginning; `z Y•Pi" thence south 221 feet; thence east 10 feet to the center line of the alley; thence north 221 feet along said center line; thence west 10 feet to the point of beginning. Portion vacated : Commencing at the southeast corner of 900 East Street and Elm Avenue; thence 90 feet south alongr the East line of 900 East Street; thence east 162 . 5 feet to the northwest corner of Lot 13 of Fairmount Springs tit' � ri"- Addition subdivision to the point of beginning; thence south 221 feet; thence west 10 feet to the center line of the alley; thence north 221 feet along said center line; thence east 10 feet to the point of beginning. SECTION 2 . RESERVATIONS AND DISCLAIMERS. The above closure and 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 closure and 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. -2- • 5qT+ Avseaa)a G TY(���R��0A 9I0 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. HOWA RALPH P. NEILSON SALT LAKE CITY, UTAH 84111 GEORGE NICOLATUS TELEPHONE 535-7757 JOHN M. SCHUMANN October 23 , 1989 Mr . Michael Zuhl Chief of Staff Room 218 451 So . State Street Salt Lake City , UT 84111 Re : Transmittal of Petition 400-756 by Printers Inc . to vacate an alley adjacent to property at 2185 So . 900 East . Dear Mike : This petition is requesting to vacate a portion of an alley abutting Printers Inc . property on 900 East Street . The alley is situated between 900 East and Lincoln Street . A field check indicates that the this alley is not used as access by any of the homes on Lincoln Street . However , a response from one of the those home owners identified that he uses his rear yard for recreational vehicle storage and that he accesses his rear yard through the commercial property south of Printers Inc . Access from Lincoln Street to this individuals rear yard is blocked by a detached garage . Fire , Engineering , Public Utilities , Transportation , and Property Management departmental responses to the petition request have been obtained and attached . The recommendation conditions of closure listed below incorporates the concerns of the various departments . The Planning office has sent notices to all of the abutting property owners . One did not respond , the other five indicated support of the alley closure with one indicating a desire to establish an access easement which would be across a private parcel and not along the existing alleyway . ( see attached map ) The planning staff recommends that the entire alley be closed/vacated rather than just a portion as requested in the petition . The Printers Inc . is presently using all of the twenty foot alley abutting their property for parking and access to their building . This portion of the alley is hard surfaced and the balance of the alleyway to the south is overgrown with vegetation . It is recommended that the western half of the alley abutting commercial properties be closed for sale to abutting property owners and that the eastern half of the alleyway be vacated to the abutting residential propertyies . Salt Lake City should retain ownership of closed property south of Printer ' s Inc . until the abutting property owner is ready to purchase . The closure should be subject to the following conditions identified by various city departments : 1 . Coordination and retention of utility easements . 2 . Eliminating outside storage on the Printer ' s Inc . property . 3 . Maintain the east/west alleyway access by not allowing parked vehicles within this alley . 4 . The petitioner pay for an M . A . I . appraisal and pay the City accordingly for the closed portion of the alleyway . If you have any questions concerning this petition please contact myself or Everett L . Joyce . Sincerely , Allen ;C . J1ohnson , AICP Planni'qq A5irector ACJ : elj cc : John Schuman , Chairman Planning Commission file PETITION NO. 400-756 Printer's Inc. Alley Closure �2E 9/oE 916E 92£E YE 9.!£ .Saof [�v! Fff t}vr f'M'�(parr.�'4.etus 1 k. I` g� w f Z �S D .D 4 r> .D. n ►.eta • T. '' 1 a s-. a t No f ie Li F— ` Response '. w -.•:, ftEltgkIlti:!;gii:i:lin!il::iSigi,•21IiIWI:a;::;':i ''°', fit A/ //////// es,) cif a / / /// . ,, _1 0 / _,... / //.; t%) ,./ ZroN,P r.+ I r I l i l i .- i 1 i C:?) , . ' PI .. lal ' I I 1 1 I A_}-)_Eb.F I__Li_ `') ti / u� _ , ___ . 77,/A7 c`P, s , . e • / PO 'ff d / /// / / 4 c„ 6C Petitioner LEEN / Support Petition L1_ 1 ' Desires Access Easement r � 'CITAY 0,00P�a jION; 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 October 19, 1989 TO: Everett L. Joyce Planning kROM: Linda Cordova Property Manag r REF: PNI'ITION NO. 400-756, PRINTERS INC. CLOSURE OF ALLEY ADJACENT TO PROPERTY AT 2185 SOUTH 900 EAST STREET Property Management has no objection to the alley closure. The Petitioner should be required to pay for an M.A.I. appraisal to determine fair market value and pay the City accordingly. After looking at the condition of the alley and lack of use as a public alley, I would further recommend that consideration be given to closing/vacating the entire alley. Please have your department review this possibility and proceed. LC/mt Joyce.Printers'Inc. SALT'LAKE'GITiY CORPORATION DEPARTMENT OF PUBLIC WORKS =>LMER DEPAULIS City Engineering Division MAX G. PETERSON, P.E. MAYOR 444 SOUTH STATE STREET CITY ENGINEER SALT LAKE CITY, UTAH 84111 535-7871 TO : EVERETT L . JOYCE FROM : HARRY EWING / ; DATE : AUGUST 28 , 1989 - SUBJECT : PETITION NO . 400- 756 BY PRINTERS , INC. This Department has reviewed Petition No . 400- 756 requesting the City vacate an alley running north and south at the rear of 2185 South 900 East Streets . Our findings shown this alley to be approximately 221 feet long by 20 feet wide , dead ending at the D&RG Railroad right-of-way on the south . The alley has the appearance of non-use because of existing encroachments by the abutting properties . It appears the use of the alley could best be served in the hands of the property owners ; therefore , we recommend approval of this petition . HE : po - Attachment cc : Vault ogi{kL7 a . 1;39 '_EROY W. HOOTON, JR. DIRECTOR =tiDELL E. EVENSEN. P.E. Slay/ 1 A � �rgMa� I�1i �'JPERINTENDENT �� t� 1t4{�tl`rpt j1V/ ..--ER.SUPPLY 8 WATEFtwoRKS E. TIM DOXEY SUPERINTENDENT DEPARTMENT OF PUBLIC UTILITIES WATER RECLAMATION !iF-WATER SUPPLY & WATERWORKS , PALMER DEPAULIS .TAMES M. LEWIS, EPA. 4 .. WATER.AECLAMATION . :_y• MAYOR CHIEF FINANCE 6 I - ACCOUNTING OFFICER - 1530_SOUTF 'WE_S`faTEMPLE OEORGE JORGENSEN. P.E. s CHIEF ENGINEER SALT LAKE CITY, UTAH 84115 TO: JANICE JARDINE PLANNING & ZONING /. FROM: E. T. DOXEY WATER RECLAMATION SUPERINTENDENT DATE: AUGUST 24, 1989 SUBJECT: PETITION NO. 400-756 PRINTERS INC. - CLOSURE OF • ALLEY ADJACENT TO PROPERTY AT 2185 SOUTH 900 EAST 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 • L / /J v 2 C L/� f=1 „/D �'� i5 / � Cr0 5 � f'{ Cam SS (A,a ,n C .� r/ 7-�{ 4 i � "77 c' s vl L Q / /V.5/ % /-!O , TO '/7 iv'O.f f7, o vC oA v2/4 S S u,2F) C--� /- i7 � P��y .C_ /N �5 0nr � /n/CoLn/ Ste_ P ALLEN C. JOHNSON, AICP �� +�a _ � PLANNING AND ZONING PANNING DIRECTOR COMMISSION MEMBERS 'tiV:LLIAM T. WRIGHT, AICP COMMUNITY AND ECONOMIC DEVELOPMENT RALPH BECKER DEPUTY DIRECTOR PLANNING DIVISION DAN BETHEL SV'EPV,SOR 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 To: Raema Hunsaker , Fire From: Everett L. Joyce 4 t Date: August 14 , 1989 Subject: Closure of alley adjacent to property at 2185 So. 900 East Street . - Petition No. 400-756 Printers Inc . This petition is requesting to vacate the portion of the alley abutting Printers Inc. property on 900 East. (See attached map) A field check verified that this alley is not used as access by any of the homes on Lincoln Street that abut the alley. This alley is twenty feet in width and terminates at the south end at the Denver and Rio Grande Western railroad line. The commercial properties along 900 East have encroached into the alleyway. The majority of the alley contains mature vegetation. Please review and comment on this petition request. The Planning Division recommends that the entire alley be removed from public ownership. The portion of the alley that is adjacent to commercial use (ten foot width) should be closed and sold to abutting properties . The portion of the alley adjacent to residential uses (ten foot width) should be vacated with the property going to the abutting user . The petitioner will be submitting development plans for the expansion of the printing establishment . Closure of the alleyway would be necessary to implement these plans , existing zoning requires a 10 foc ' andscaped rear yard . SALT'LAKE CITY CORPORATION TRANSPORTATION ENGINEERING '333 SOUTH 200 EAST, SUITE 201 JOSEPH R. ANCERSON SALT LAKE CITY, UTAH 84111 TIMOTHY P. H.ARPST. P.E. =J?'_IC WORKS DIRECTOR _ (601) 535-6630 CITY TRANSPORTATION ENGINEER August 15 , 1989 Everett L. Joyce Planning & Zoning Room 406 - City Hall RE: Petition No. 400-756 - Printers Inc . to Vacate Alley Adjacent to 2185 South 900 East Dear Everett: The Division of Transportation recommends approval of the alley vacation subject to the following : 1 ) Signatures of all abutting property owners along the alley; 2 ) Coordination and retention of all utility easements as required. Sincerely, Ite //atatzA,4, Scott R. Vaterlaus Traffic Engineer I BDW/lh cc : Steve Meyer Barry Walsh File August 3 , 1989 Salt Lake City Corporation Community and Economic Development 451 South State Street Room 218 , City and County Building Salt Lake City, Utah 84111 Gentlemen: On behalf of our Client, Mr Leroy Petersen of Printers , Inc. located at 2185 South 900 East, we hereby request that a portion of the existing alley at the rear of the property at this address be vacated to allow our client to make an expansion of his present building. The existing alleyway to the rear of this property is no longer being publicly used . There appears to be no access requirements for other property owners and the alleyway has no public access from the South because of the railroad tracks there. Some fences have been erected by other property owners in the alley and some areas are being used for storage. Submitted herewith, for your review, are the fol- lowing : A Site Plan showing Property Lines , Building location and the expected expansion of the existing facility by Printers , Inc . ; A property description and a list of property owners of the surrounding properties; Contract of Property Purchase showing that Mr. Leroy Petersen is the current property owner. We would appreciate the City' s consideration of this proposal . If there are any questions , please call . Sincerely, )11 E . Way Ricks 4✓ of Ricks & Brown Architects/Planners I / 1 'J,� cc Leroy Petersen, Printers , Inc . ( ! =' :�' STAFF RECOMMEND?TTON Party Ordinance STAFF RECOMMENDATION BY: Cam Caldwell ACTION Q_UF,STEO_O_F f':OUNM'I is Approve the ordinance which enables the City to assess a "police services fee" for a second police response at a given location within 24 hours, when it is determined by the responding officers that the peace is being disturbed. BACKGROUND INFORMATION: Over the past several years the City has faced the common problem of having to respond to parties where the peace is being disturbed. According to the Police Department, there are at least 1,000 of these incidents on the weekends alone. Responding to these calls is costly for the department because a back-up officer is required in each case. STAFF ANALYSIS AND RECOMMENDATION: Council Members discussed a draft of this proposal at a Committee of the Whole meeting and asked that the ordinance be fine tuned to include a minimum charge. Council Members also asked that the ordinance address the appeal process, should an individual wish to appeal the charge assessed. The definition of the "host" of the party was also polished and the role of the City Treasurer in collecting the charge was spelled out. The staff recommends adoption. RECOMMENDED MOTIONS: I move we close the Public Hearing. I move we adopt the ordinance amending Title 11, Salt Lake City Code, 1988, by adding a new Chapter 12, relating to parties, gatherings or events. ANTICIPATED OPPOSITION: Inquiries regarding the ordinance have been received from individuals, including Greek House representatives from the University of Utah. SALT LAKE CITY ORDINANCE - - No. of 1989 (Parties, gatherings or events) - _ AN ORDINANCE AMENDING TITLE 11, THE_SALTLAKE_ CITY CODE, _ - 1988, BY ADDING A NEW CHAPTER 12, RELATING TO PARTIES, ^= 1 GATHERINGS OR EVENTS, AS FOLLOWS: Be it ordained by the City Council of Salt Lake City, Utaht _ - 3 SECTION 1 . That Title 11 of the Salt Lake City Code;'`be; and the same hereby is, amended by adding a new Chapter 12, - relating to Parties,_ gatherings or events, as follows: _ Chapter 11.12 PARTIES, GATHERINGS OR -EVENTS "= =_ - - • Sections: 11.12.010 Definitions. 11.12.020 Initial police responses to parties. 11.12.030 Subsequent police responses to parties, Gatherings or events--Liability. 11.12.040 Recovery of actual costs. 11.12.050 Costs--Collection. 11.12.060 This section not to preclude other appropriate action. 11.12.070 Appeal. 11.12.010 Definitions. The following words, phrases and terms as used in this chapter shall have the meaning for this chapter as indicated below: A. "Party, gathering or event" means three or more people who have assembled or are assembling for a social activity where alcoholic beverages have been or are being consumed, or substances regulated by the Utah Controlled Substances Act are used by any person at the party, or where the noise from the party makes a noise disturbance prohibited by section 9 .28 .040, Salt Lake City Code. B. "Host" means: ( a) The person having an ownership or leasehold interest in the premises where the party, gathering or event is located; and/or (b) A person who resides at the location or occupies in any capacity, whether for personal or business purposes, the property where the party, gathering or event takes place; and/or (c) The person in charge of the premises; and/or (d) The person who organized the event; and/or (e) The person who gave permission to hold the party on the premises. ( f) If the party is hosted by an organization, either incorporated or unincorporated, the term "host" shall include the officers of the organization. (g) In the event the "host" is a minor under eighteen years of age, the term "host" shall include the parent or parents or legal guardian of the minor, whether or not they are present at the site. C. "Services fee" means a civil penalty imposed which equals the cost to the City of any special security assignment and shall include, but is not limited to, salaries of police officers while responding to or remaining at the party, gathering or event; the pro rata cost of equipment; the cost of -2- repairing City equipment and property damaged while responding _ . to the gathering; the cost of any medical treatment or disability, sick leave or other related costs of police officers injured while responding to the party or gathering, __regardless . _ of fault; costs of collection and the cost -of reasonable attorney' s fees. It is determined the equitable minimum:service fee currently is one hundred dollars. If__.paid or appealed _ within ten days of receipt of the notice the amount shall be ` '{7;,"- „ `C1 reduced by the sum of fifty dollars. If paid within twenty of receipt of the notice the amount shall be reducedby the sum = #_ of forty dollars. If paid within thirty days of-receipt of-the notice the amount shall be reduced by the sum of_thirty dollars; any penalty paid within forty days thhall-be—reduced—by—the sum✓ of twenty dollars. / J J 6XL n hp. Po ke- MP(' - J to __ �- -P4 L. ( � 1 . J.� D. "Special security assignment" means the assignment of G0r�'`" os police officers, services and equipment during a second or subsequent response to the party, gathering or event after the 1 0'' distribution of a written notice to the host or person( s ) who W' ��rtvalPf- are identified as being in charge of the party in absence of theG1 " host, that a fee may be imposed for costs incurred by the City (ivy for any subsequent police response. 0° 11.12.020 Initial police responses to parties, gatherings or events. When any police officer responds to any party, gathering or event in response to allegations that activities or noise may be in violation of the law, -ate the officer--€ind3 there is probable -3- W cause to believe the activities or noise May be in violation of the law, the police officer, in addition to any other action the situation requires, shall issue a written notice to the host. The notice shall inform the host( s) that a subsequent response to that same location or address, within a twenty =four hour period, shall be deemed a special security assignment and that the host(s) may be liable for the services fee as defined in this chapter. 11.12.030 Subsequent police responses to parties, gatherings or events--Liability. If, after a written notice is issued pursuant to section 11. 12.020, there is a subsequent police response to the same location or address within a 24 hour period, such response shall be deemed a special security assignment. The host( s) , as defined in this chapter, shall be jointly and severally liable for the services fee, as defined in this chapter. The officer shall issue a second notice by giving it to the host( s) or by leaving it in a conspicuous place on the premises where the party is being held if the host( s ) is/are not available. 11.12.040 Recovery of actual costs. In addition to the civil penalty, the City reserves the right to seek reimbursement for actual costs which exceed the civil penalty, through other legal theories, remedies or procedures. 1 11.12.050 Costs--Collection. -4- The chief of police shall notify the city treasurer in writing of the performance of a special security assignment, of the name and address of the responsible person( s) , the date and time of the incident, services performed, costs thereof and such other information as may be required. The city. treasurer shall __ - thereafter take action to collect the amount due. 11.12.060 This section not to preclude other appropriate action. Noting in this chapter shall be construed to prevent the arrest and/or citation of violators of the state penal code or other regulations, ordinances or laws, either in the first visit or subsequent visits. 11.12.070 Appeal. A. Right and Time to Appeal . A host who has been assessed a service fee may appeal within ten days of receiving the notice. No appeal shall be allowed after ten days. B. Manner of Making Appeal. A person may appeal the special service assignment to a hearing officer appointed by the mayor. The appeal may be made by appearing before the hearing officer during regularly scheduled hours. SECTION 2. This ordinance shall take effect upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . CHAIRPERSON • -5- ATTEST: CITY RECORDER Transmitted to the Mayor on . Mayor' s Action: Approved. Vetoed. MAYOR ATTEST: CITY RECORDER (SEAL) Bill No. of 1989 . Published: . GRH:rc -6-