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12/13/1990 - Minutes PROCAOINGS OF THE CITY COUNCIL OF SALT LAKE CIO UTAH THURSDAY, DECEMBER 13, 1990 The City Council of Salt Lake City, Utah, met in Briefing Session on Thursday, December 13, 1990, at 4:30 p.m. in Room 325, City Council Chambers, City County Building, 451 South State Street. The following Council Members were present: Alan Hardman Wayne Horrocks Nancy Pace Tom Godfrey Don Hale The following Council Members were absent: Ronald Whitehead Roselyn Kirk Council Chair Hardman presided at and conducted the meeting. The meeting was called to order at 4:30 p.m. , in Room 325 City and County Building, 451 South State. BOARD INTERVIEW Council interviewed Richard Steiner prior to consideration of his appointment to the Airport Authority. Mr. Steiner said he had been a resident of Salt Lake City for forty years. He said he was the / president and chief executive officer for the Corporation. He said he had held a pilot ' s license since 1938. He said he was a commercial rated pilot and the company he worked for had a corporate jet. He said he understood the commitment and the time involved. 383 PROC INGS OF THE CITY COUNCIL OF SALT LAKE CI' k UTAH THURSDAY, DECEMBER 13, 1990 The City Council of Salt Lake City, Utah, met in Regular Session on Thursday, December 13, 1990, at 4:45 p.m. in Room 325, City Council Chambers, City County Building, 451 South State Street. The following Council Members were present: Alan Hardman Wayne Horrocks Nancy Pace Tom Godfrey Don Hale Mayor Palmer DePaulis, Roger Cutler, City Attorney, Kathryn Marshall, City Recorder, and Chris Meeker, Chief Deputy Recorder, were present. Council Chair Hardman presided at and conducted the meeting. #1. No invocation was given. periodically the city ordered a house to be torn down because of a CONSENT AGENDA health or safety situation. He said as a condition of issuing the ACTION: Councilmember conditional use permit the Horrocks moved and Councilmember permitee is required to obtain the Godfrey seconded to approve the housing unit and demolish it. He Consent Agenda, which motion said the Demolition Ordience carried, all members present voted reflects this requirement. aye. Councilmember Pace asked why #1. RE: Approving the the ordinance had to read "low appointment of Richard R. Steiner income" . She suggested that it to the Airport Authority Board. be removed from Section B Page 4. (I 90-11) She said there may be some mid- income housing that would fall UNFINISHED BUSINESS into the same category. The Council discussed the need for a #1. RE: Consider adopting performance bond for ninety days an ordinance placing a moratorium when issuing a demolition permit. on the Demolition of Residential They were concerned that someone Structures. would apply for a demolition (0 90-39) permit which showed replacement housing and then abandon that ACTION: Councilmember Godfrey proposal. Lee King, moved and Councilmember Pace Developmental Services, said seconded to adopt Ordinance 100 of discretion must be used when 1990, Version Number 2B with the issuing a permit for demolition. deletion on page 4 of the words "low income" which motion carried, The meeting adjourned at 5:40 all members present voted aye. p.m. DISCUSSION: Cindy Gust-Jenson, ___,---- Executive Council Director, said rv+k^/ on the second draft an editing COUNC CHAIR change was made to read "or" instead of "or elderly" . Allen Fawcett, Community T CORDER Development Coordinator, said 384 SALT LAKE CITY COUNCIL ADDENDUM CITY COUNCIL CHAMBER ROOM 315 CITY AND COUNTY BUILDING 451 SOUTH STATE STREET Thursday, December 13, 1990 4:30 p.m. A. BRIEFING SESSION: 4:30 p.m. , Room 325 City and County Building, 451 South State 1 . Report of the Executive Director. 2. The Council will interview Richard R. Steiner, prior to consideration of his appointment to the Airport Authority Board. B. OPENING CEREMONIES: C. COMMENTS: D. CONSENT: 1. Board Appointment: Consider approving the appointment of Richard R. Steiner to the Airport Authority Board. (I 90-11) Staff recommendation: Suspend and adopt. E. NEW BUSINESS: F. UNFINISHED BUSINESS G. PUBLIC HEARINGS: H. ADJOURNMENT. FINAL ACTION MAY BE TAKEN AND/OR ORDINANCES ADOPTED CONCERNING ANY ITEM ON THIS AGENDA. DATED: December 12, 1990 BY: C CITY R CORDER STATE OF UTAH ) COUNTY OF SALT LAKE ) ss. On the 12th day of December, 1990 I personally delivered a copy of the foregoing notice to the Mayor and City Council and posted copies of the same in conspicuous view, at the following times and locations within the City and County Building, 451 South State Street, Salt Lake City, Utah: 1. At 5:00 p.m. in the City Recorder's Office, Room 415; and 2. At 5:00 p.m. in the Newsroom, Room 315. 444 . Gases Le-46eA / . I Y COR R Subscribe. and sworn to before me this 12th day of December, 1990. 621)SVAJAi f•: °tat Public residing in the Stat- of Utah My Commission Expires: r ��p�arryy I .�= BENEFLY EV �5130.Stets St 0415 I C! r.��' Salt Lake City,Utah 84111 ' I �; ' ." . O October on Ers 9 APPROVAL: .. State ottUtah EX VE IR CD 1)(CICI 6,tnri6Correct-1on. t I b SALT LAKE CITY COUNCIL AGENDA `Jra F 2on- CITY COUNCIL CHAMBER ka."'i-fi ROOM 315 QA Plalnec) kx. CITY AND COUNTY BUILDING P\`10(1 tjCe V 451 SOUTH STATE STREET Thursday, December 13, 1990 4:30 p.m. A. BRIEFING SESSION: 4:30 p.m. , Room 325 Cit and County uilding, �451 South State. ,_ WAIL 1' C n -b d(,�. - 1 . Report of the Executive Director. `�,Un6i B. OPENING CEREMONIES: c) 1 . Invocation. 2. Pledge of Allegiance. 3. Appoval of the minutes. C. COMMENTS: 1 . Questions to the Mayor from the City Council . 2. Citizen Comments to the Council. D. CONSENT: E. NEW BUSINESS: F. UNFINISHED BUSINESS: 1. Ordinance: Moratorium on Demolitions of Residential Structures Consider adopting an ordinance placing a moratorium on the Demolition of Residential Structures. (0 90-39) Staff recommendation: Adopt. G. PUBLIC HEARINGS: H. ADJOURNMENT: ** FINAL ACTION MAY BE TAKEN AND/OR ORDINANCES ADOPTED CONCERNING ANY ITEM ON THIS AGENDA. DATED: December 11 , 1990 --4t4e!%Le...11!:,45 BY: CI RECORDER STATE OF UTAH COUNTY OF SALT LAKE ) ss. On the 11th day of December, 1990 I personally delivered a copy of the foregoing notice to the Mayor and City Council and posted copies of the same in conspicuous view, at the following times and locations within the City and County Building, 451 South State Street, Salt Lake City, Utah: 1 . At 5:00 p.m. in the City Recorder's Office, Room 415; and 2. At 5:00 p.m. in the Newsroom, Room 315. CI Y RECORDER Subs bed and sworn to •- ore me this 11th day of December, 1990. AN 01/1/, ' ' o residing in the StatellUtah y m1,ssior4rt 1 451 '7to St PIA 415 1 ;r11421 APPROVAL: (::YUT DIRECTOR AbF MT-KA 1)1 4. F GJ/ dlarke / _ SALT LAKE CITY ORDINANCE No. of 1990 (Demolition Permits) AN ORDINANCE AMENDING CHAPTER 64 OF TITLE 18 OF THE SALT LAKE CITY CODE, RELATING TO DEMOLITION PERMITS BY ADDING THERETO A NEW SECTION 18 . 64 . 070 . WHEREAS, the City Council is vitally concerned with the preserving the vitality of its residential neighborhoods and retaining its housing stock, particularly its irreplaceable low income housing inventory; and WHEREAS, the City Council has become aware of a material threat to these said objectives by commercial encroachments into neighborhoods and by resultant requests for demolition permits of residential dwellings; and WHEREAS, Community Council and other concerned residents of the City have lobbied for relief through various legislative initiatives, including the enactment of an ordinance more closely monitoring and controlling such demolition; and WHEREAS, the Council is also sensitive to the property rights of those owning property and their desires to improve, upgrade and otherwise beneficially use their assets; and WHEREAS, the Council is committed to the economic development of the City and to encouraging a viable commercial and industrial component in the City; and WHEREAS, balancing these sometimes conflicting goals and objectives is difficult; however, the City Council is currently attempting such a balance through consideration of a new ordinance regulating and establishing new procedures for the granting of demolition permits for residential buildings; and WHEREAS, a proper evaluation of the competing values and issues in such a demolition ordinance amendment requires time and study, in order to receive input from interested parties and organizations in the community; but, irreparable harm will be done, if these residential structures are destroyed before that evaluation process is completed and the law adopted; and WHEREAS, Utah law permits a moratorium for a period of time not exceeding six ( 6 ) months to preserve the status quo during such an evaluation period, under Section 10-9-18 (g) Utah Code Ann. , 1953 ; and WHEREAS, after deliberations, the City Council is of the opinion that there is a compelling public need and interest that requires a moratorium to prevent irreparable loss of housing stock during its deliberative process on demolitions ; NOW THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Chapter 64 of Title 18 of the City Code relating to demolition permits be and the same is -2- hereby amended by adding Section 18 . 64 . 070 relating to a moratorium regarding the granting of demolition permits for the destruction of residential dwellings within the City, as follows : 18.64.070 Temporary Moratorium. A. Notwithstanding anything in this chapter to the contrary, no demolition permit which would authorize the destruction or removal of a building containing a residential dwelling unit may be granted by the City for a period of ninety ( 90) days from the effective date of this ordinance or until such sooner time as the City Council adopts an amendment to Chapter 64 of Title 18 of this City Code, unless : ( 1 ) the City determines that the structure involves an enforcement action by the City pursuant to this title or the Uniform Housing Code for the Abatement of Dangerous Buildings; or ( 2 ) the City, from a Reuse Plan submitted in conjunction with the application for a demolition permit and other information reasonably necessary for that purpose, determines that it is probable that the cleared land will be used in the creation or for the construction of residential dwelling units; or ( 3 ) the demolition is required pursuant to a conditional use permit granted prior to the effective date of this ordinance. For purpose of this section, the term "residential dwelling unit" does not include hotels or inns as defined within §21 . 04 . 285 . -3- B. Right to appeal . All parties impacted by this temporary moratorium can appeal the provisions thereof to the Housing Advisory and Appeals Board (HAAB) , under the procedures of section 18 . 64 . 060 of the City Code. The HAAB may authorize the building official or, otherwise, may grant relief upon evidence of extreme hardship or other special mitigating circumstances . In granting relief from this moratorium, the HAAB shall consider the impact that permitting the destruction of a residential unit would have on the Igma.1041Eme housing stock in the City and the value of preserving neighborhoods and the residential character of the surrounding environs . SECTION 2 . In the opinion of the City Council of Salt Lake City, Utah, it is necessary to the peace, health and welfare of the inhabitants of Salt Lake City that this moratorium be imposed immediately to preserve the status quo until it can fully consider the impacts of amending the demolition ordinance as it currently exists in City law. SECTION 3 . This ordinance shall take effect immediately upon its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . CHAIRPERSON -4- ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s Action: Approved Vetoed MAYOR ATTEST: CITY RECORDER RFC/BRB:cc 12/13/90 -5- D F T SALT LAKE CITY ORDINANCE No. of 1990 (Demolition Permits) AN ORDINANCE AMENDING CHAPTER 64 OF TITLE 18 OF THE SALT LAKE CITY CODE, RELATING TO DEMOLITION PERMITS BY ADDING THERETO A NEW SECTION 18 . 64 . 070 . WHEREAS, the City Council is vitally concerned with the preserving the vitality of its residential neighborhoods and retaining its housing stock, particularly its irreplaceable low income housing inventory; and WHEREAS, the City Council has become aware of a material threat to these said objectives by commercial encroachments into neighborhoods and by resultant requests for demolition permits of residential dwellings; and WHEREAS, Community Council and other concerned residents of the City have lobbied for relief through various legislative initiatives, including the enactment of an ordinance more closely monitoring and controlling such demolition; and WHEREAS, the Council is also sensitive to the property rights of those owning property and their desires to improve, upgrade and otherwise beneficially use their assets; and WHEREAS, the Council is committed to the economic development of the City and to encouraging a viable commercial and industrial component in the City; and WHEREAS, balancing these sometimes conflicting goals and objectives is difficult; however, the City Council is currently attempting such a balance through consideration of a new ordinance regulating and establishing new procedures for the granting of demolition permits for residential buildings; and WHEREAS, a proper evaluation of the competing values and issues in such a demolition ordinance amendment requires time and study, in order to receive input from interested parties and organizations in the community; but, irreparable harm will be done, if these residential structures are destroyed before that evaluation process is completed and the law adopted; and WHEREAS, Utah law permits a moratorium for a period of time not exceeding six ( 6 ) months to preserve the status quo during such an evaluation period, under Section 10-9-18 (g) Utah Code Ann. , 1953; and WHEREAS, after deliberations, the City Council is of the opinion that there is a compelling public need and interest that requires a moratorium to prevent irreparable loss of housing stock during its deliberative process on demolitions; NOW THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Chapter 64 of Title 18 of the City Code relating to demolition permits be and the same is -2- hereby amended by adding Section 18 . 64 . 070 relating to a moratorium regarding the granting of demolition permits for the destruction of residential dwellings within the City, as follows : 18. 64.070 Temporary Moratorium. A. Notwithstanding anything in this chapter to the contrary, no demolition permit which would authorize the destruction or removal of a building containing a residential dwelling unit may be granted by the City for a period of ninety ( 90) days from the effective date of this ordinance or until such sooner time as the City Council adopts an amendment to Chapter 64 of Title 18 of this City Code, unless: ( 1 ) the City determines that the structure involves an enforcement action by the City pursuant to this title or the Uniform Housing Code for the Abatement of Dangerous Buildings; or ( 2) the City, from a Reuse Plan submitted in conjunction with the application for a demolition permit and other information reasonably necessary for that purpose, determines that it is probable that the cleared land will be used in the creation or for the construction of residential dwelling units . For purpose of this section, the term "residential dwelling unit" does not include hotels or inns as defined within §21 . 04 . 285 . B. Right to appeal . All parties impacted by this temporary moratorium can appeal the provisions thereof to the Housing Advisory and Appeals Board (HAAB) , under the -3- procedures of section 18 . 64 . 060 of the City Code . The HAAB may authorize the building official or, otherwise, may grant relief upon evidence of extreme hardship or other special mitigating circumstances . In granting relief from this moratorium, the HAAB shall consider the impact that permitting the destruction of a residential unit would have on the low income housing stock in the City and the value of preserving neighborhoods and the residential character of the surrounding environs . SECTION 2 . In the opinion of the City Council of Salt Lake City, Utah, it is necessary to the peace, health and welfare of the inhabitants of Salt Lake City that this moratorium be imposed immediately to preserve the status quo until it can fully consider the impacts of amending the demolition ordinance as it currently exists in City law. SECTION 3 . This ordinance shall take effect immediately upon its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . CHAIRPERSON ATTEST: CITY RECORDER -4- Transmitted to the Mayor on Mayor' s Action: Approved Vetoed MAYOR ATTEST: CITY RECORDER RFC/BRB:cc 12/13/90 -5-