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12/05/1989 - Minutes PROCE INGS OF THE CITY COUNCIL OF SALT LAKE 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 PROCAINGS OF THE CITY COUNCIL OF SALT LAKE CI, 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 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CITF, 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 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CIP 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 PROCAPINGS OF THE CITY COUNCIL OF SALT LAKE 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 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CIP 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 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CI, 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 ping 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 %jou -d at 6:45 p.m. I 6 ) The temporary garden ���� center operation shall be used no ( Q _iS more than six months during any COU ry L HA R year. Any temporary structures for such use shall be removed �I 4 �during the remaining time each ����/' year and the area on which such . C R 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 U DIS1(7bAt° Sava c 4-- T m e_ qv d raLV) cu , 064j. 76, � 7-460/ ea SALT LAKE CITY COUNCIL AGENDA i/� S A 7' r' CITY COUNCIL CHAMBER ROOM 315, CITY AND COUNTY BUILDING 451 SOUTH STATE STREET Tuesday, December 5, 1989 6:00 p.m. C3 Linn ; _ LIS ci tio hbe 11/U4 fly �_ , A. BRIEFING SESSION: 5:00 - 5:55 p.m. , Room 325 City and County Building, 451 South State. 1 . Report of the Executive Director. B. OPENING CEREMONIES: 1 . Invocation. 2. Pledge of Allegiance. 3. Approval of the Minutes. C. COMMENTS: 1 . Questions to the Mayor from the City Council. 2. Citizen Comments to the Council. D. CONSENT: 1 . Ordinance amending Section 18. 16.080 of the Salt Lake City Code Consider adopting an ordinance amending Title 18, Chapter 16, Salt Lake City Code by repealing Section 030 relating to license bond requirements. (0 89-42) Tethn,cci Adduthnevt. Outdoted.a 14couiPenvflo Staff recommendation: Adopt . E. NEW COUNCIL BUSINESS: 1 . Resolution of Intent SID #38-758 for 400-500 South Connector Consider adopting a resolution declaring the City's intent to construct improvements for 400 to 500 South connector including curb and gutters, sidewalks, asphalt pavement, driveways and miscellaneous work; to create Special Improvement District #38-758 to defray the cost and expenses of a portion of said improvement district by special assessments levied against the property benefited by such improvements; to authorize advertisement of construction bids and related matters; and to set time and place for public hearing of January 16th at 6:20 p.m. Doti L. (/� oar/ L (Q 89-9) l/ (} Staff recommendation: Suspend the Rules and adopt resolution. The drabs haut been een rew&d ei (-ems F ( 2 Et3, Ikex 6%,t 1 i�Y/�(�t�i�' a/v�Q,(A `CL u 1 -e. 6 hc��I..0 . dio F. UNFINISHED COUNCIL BUSINESS: (jJ Q,otk...l I Wade ' . -Tke_0 � 1104 Resolution: Board of Equalization & Review Re: California Avenue/SID • A resolution of the City Council of Salt Lake City, Utah appointing a Board of Equalization and Review for Salt Lake City, Utah California Avenue Curb and Gutter Extension No. 38-724; Setting the dates for the Board of Equalization to hear and consider objections and corrections to any proposed assessments; authorizing the City Recorder to publish and mail a notice of meetings of the Board of Equalization and Review, including notice supplementing the notice of intention and related matters. (Q 86-14) Staff recommendation: Adopt the resolution. 0 Resolution: Board of Equalization & Review Re: California Avenue SID A resolution of the City Council of Salt Lake City, Utah appointing a Board of Equalization and Review for Salt Lake City, Utah Special Improvement District No. 38-808; setting the dates for the Board of Equalization to hear and consider objections and corrections to any proposed assessments; authorizing the City Recorder to publish and mail a notice of meetings of the Board of Equalization and Review, including notice supplementing the notice of intention, and related matters. (Q 89-2) Staff recommendation: Adopt the resolution. IPResolution: Board of Equalization & Review Re: West Temple Street SID A resolution of the City Council of Salt Lake City, Utah appointing a Board of Equalization and Review for Salt Lake City, Utah Special Improvement . District No. 38-830; setting the dates for the Board of Equalization to hear and consider objections and corrections to any proposed assessments; authorizing the City Recorder to publish and mail a notice of meetings of the Board of Equalization and Review, including notice supplementing the Notice of Intention, and related matters. 47 88- (Q 3 Mold heCirin (g. kg`426 � oy s .�iek rnk-h 17 5 Stommend tion: Adopt the resolution. Imo, Foci-2 (lel 4. Interlocal Cooperation Agreement/Re:Hospital Bonds Consider adopting a resolution approving and authorizing the execution and delivery of an Interlocal Cooperation Agreement among Salt Lake City, Utah and certain other cities and counties in the State of Utah providing for the 1 (! /\ issuance by Salt Lake City, Utah of its Flexible Rate Revenue Bonds, Series 1989 (Pooled Hospital Financing Program) for the purpose of financing and g vi refinancing certain health care facilities located throughout the State of Utah. (C 89-653) SObied 10 Staff recommendation: Adopt the resolution t-Oi e 1( 14:d (f D' , 5. Resolution Hospital Financing Program Re: Hospital Bonds 0 t % Consider adopting a resolution authorizing the issuance and sale by Salt Lake City, Utah of its Flexible Rate Revenue Bonds, Series 1989 (Pooled If Hospital Financing Program) for the purpose of financing and refinancing /I• certain health care facilities located throughout the State of Utah. (Q 89-7) Staff recommendation: Adopt the resolution) QIe) lk G. PUBLIC HEARIN(G6: 1 . Housing Advisory and Appeals Board Ordinance 6:20 p.m. Receive public comment and consider adopting an ordinance enacting Section 18.48. 170 of the Salt Lake City Code providing a general appeal process for decisions of the Housing Advisory and Appeals Board. (0 89-41) Staff recommendation: Close Hearing and Adopt . 2. Hospital Bond Issue 6:30 p.m. Receive public comment on the issuance by Salt Lake City, Utah of its Flexible Rate Revenue Bonds, Series 1989 (Pooled Hospital Financing Program) and consider adopting a resolution approving the issuance of such Bonds. (Q 89-7) Staff recommendation: Close Hearing. g (� SDilmtni • Su kAC( 'lu-{ ,�['col fX "Yr' - 3. Conditional Use Ordinance bvt i c-tol Mty ie LD 6:40 p.m. Receive public comment concerning and consider adopting an ordinance amending Chapter 62 of Title 21 dealing with the conditional C-3A district and creating a conditional use for temporary outdoor garden centers. (0 89-44) Staff recommendation: Close Hearing and Adopt. H. ADJOURNMENT. ;* FINAL ACTION MAY BE TAKEN AND/OR ORDINANCES ADOPTED CONCERNING ANY ITEM! ON THIS AGENDA DATED: /q E / BY: _ CITY R ORD STATE OF UTAH ) COUNTY OF SALT LAKE ) ss. On the 1st 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 C0• 1 Subscribed and sworn to before me this 1st day of December, 1989. Notary Public residing in the State of Utah My Commission Expires: APPROVAL: SOL E EC IVE DI CTOR LAW OFFICES BALLARD SPAHR ANDREWS a INGERSOLL 20r4 FLOOR 1 1 30 SOUTH 17,4 STREET (INCLUDING THE PUBLIC FINANCE PRACTICE OF THE FORMER FIRM OF PHILADELPHIA,PA 19103 FOX,EDWARDS,GARDINER6 BROWN) ONE WESTLAKES AMERICAN PLAZA If, SUITE 400 1235 WESTLAKES DRIVE BERWYN, PA 19312 57 WEST 200 SOUTH SUITE 2300 SALT LAKE CITY, UTAH 84101 1225 17+,. STREET DENVER,CO 80202 801 359-1800 SUITE 900 EAST TELECOPIER 801 521-5364 555 13*4 STREET,N.W. WASHINGTON,D.C.20004 RICHARD S. FOX December 4, 1989 • Ms. Cindy Gust-Jenson City and County Building 451 South State Street Salt Lake City, UT 84111 Re: Special Improvement Districts Nos. 38-830 , 38-808 and 38-724 Dear Cindy: Enclosed are copies of the Notice of Board of Equalization proceedings for the captioned districts These drafts have been revised in order to delete the section referring to abatements, since it has been determined that all property located within the Districts' boundaries is commercial. Very truly yours, Richard S. Fox /kj Enclosure c: Buzz Hunt w/enc. Bruce Baird, Esq. w/enc. Kathryn Marshall w/enc . TO: COUNCILMEMBERS AND MEMBERS ELECT FROM: JANNE NIELSON DATE: DECEMBER 1 , 1989 SUBJECT: MEETING SCHEDULE FOR DECEMBER AND JANUARY December 5 Council Session December 7 Committee of the Whole Interview Recreation Advisory Board Applicant Consolidated Dispatch Audit Candidate Interviews Golf Course Briefing Selection of Chair and Vice-Chair 1990 December 12 Council Session December 14 Committee of the Whole Joint meeting as RDA Board with Planning Commission to receive briefing on Block 57 Master Plan January 2 12:00 noon Induction Ceremony Council Chambers 5:00 Council Session January 4 Committee of the Whole Policy Discussion - Police and Public Utilities January 9 Council Session January 11 Committee of the Whole Policy Discussion - Community & Economic Development January 16 Council Session January 18 Committee of the Whole Policy Discussion - Library Financial Audit Candidate Interviews January 23 7:00 - 9:00 p.m. District 2 Meeting Glendale Intermediate School 1430 W. Andrew Avenue ( 1504 South) PROCEEDINGS G_ THE CITY COUNCIL OF SALT .iCE CITY, UTAH TUESDAY, NOVEMBER 21, 1989 The City Council of Salt Lake City, Utah, met as the Committee of the Whole on Tuesday, November 21, 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 unless Council Members were to Executive Director, reviewed the unanimously approve the change. evening's agenda, noting the following: Staff members from the Councilmember Hardman in- airport and financial advisor Judy quired about past swearing-in McBride would be present to pro- ceremonies of new members being vide information regarding items held in the evening. Ms. Gust- E-1 and F-3; item F-1 had been Jenson indicated that it would be pulled since bond counsel indicat- possible to get an interpretation ed they were not ready to proceed as to whether or not the ceremony with the bond documents at this could be moved to later in the day time; Allen Johnson and Brent in order to accommodate Council ' s Wilde from the planning office schedule. Council Chairman Stoler would be present to provide brief- asked if the members-elect were ing information on item F-3; and able to attend at noon and Ms. members of the finance department Gust-Jenson indicated they were staff would be present to answer aware of the time and could at- questions regarding item G-1. tend. Lee King, Council Staff, Councilmember Kirk asked for presented a staff recommendation clarification on the staff recom- on library grant requests and mendation regarding the budget indicated that the library had opening. requested letters of support from the Council in making application Councilmember Horrocks ex- for matching federal grants. pressed concerns regarding the Samples of letters had been sup- current crime rate and specifical- plied. Mr. King clarified that ly mentioned gang, drug and pros- this request did not require any titution activity. He said he budget action from the Council would be meeting with Police Chief since the request was to access Chabries and the Mayor on Wednes- capital improvement slippage and day morning to look at some possi- this process would actually create ble options. Previously, money savings. from the Police Department budget had been used to fund special In regard to the memo dis- enforcement in this area but that tributed listing the proposed money had been depleted. changes to the January meeting Councilmember Horrocks expressed schedule, an objection had been concern about this issue and made to the change. Therefore, wanted to address it before it the regular schedule would stand reached epidemic proportions. He 89-316 PROCEEDINGS (,_ THE CITY COUNCIL OF SALT _CE CITY, UTAH TUESDAY, NOVEMBER 21, 1989 also indicated he would like the City to look at the jailing proce- dures. City Attorney Roger Cutler advised that a meeting had been held last week with the Sheriff for this purpose. Mr. Cutler reviewed some corrections in the language of the parties, gatherings and events ordinance, explaining that the revisions would leave the broad interpretation that was desired regarding the definition of "host" . The briefing session was concluded in preparation for the regular Council meeting. 89-317 PROCEEDINGS C THE CITY COUNCIL OF SALT . .CE CITY, UTAH TUESDAY, NOVEMBER 21, 1989 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, November 21, 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 LaNita Brown, Deputy Recorder, were present. Council Chair Stoler presided at the meeting and Councilmember Fonnesbeck conducted the meeting. OPENING CEREMONIES tion of the City' s Parley's Water Treatment Plant. #1. The invocation was given (C 89-153) by Jean Debacker, Assistant Pastor of the Unification Church. #2. RE: Adopting Resolution 124 of 1989 authorizing the #2. The Council led the execution of an interlocal cooper- Pledge of Allegiance. ation agreement between Salt Lake City Corporation and the Utah #3. Councilmember Godfrey Department of Transportation moved and Councilmember Kirk allowing the installation of seconded to approve the minutes of Watermain Extension #35-4371 at the Salt Lake City Council for the 675 West 600 South. regular meetings held Tuesday, (C 89-626) November 14, 1989, and Thursday, November 16, 1989, which motion #3. RE: Approving the carried, all members voted aye. appointment of Eugene W. Chapman (M 89-1) to the Civil Service Commission. (I 89-22) CONSENT AGENDA NEW COUNCIL BUSINESS Councilmember Godfrey moved and Councilmember Hardman second- #1. Re: Salt Lake City, Salt ed to approve the consent agenda, Lake County, Utah, Airport Revenue which motion carried, all members Bonds, Series 1990. voted aye. ACTION: Councilmember Kirk #1. RE: Adopting Resolution moved and Councilmember Horrocks 125 of 1989 amending an interlocal seconded to adopt Resolution 123 cooperation agreement between Salt of 1989, a resolution of intention Lake City Corporation and the authorizing the issuance of bonds Metropolitan Water District in- by Salt Lake City, Salt Lake creasing engineering fees to County, Utah, to finance certain design the expansion and modifica- airport and related facilities to be located at the Salt Lake Inter- national Airport, and related 89-318 PROCEEDINGS L__ THE CITY COUNCIL OF SALT . XE CITY, UTAH TUESDAY, NOVEMBER 21, 1989 matters, which motion carried, all Kirk voted aye and Councilmembers members voted aye. Bittner, Horrocks, Hardman and Stoler voted nay. DISCUSSION: Richard Scott, Chapman and Cutler, bond counsel, DISCUSSION: Merrill Nelson, said the airport was planning to building and housing, said this issue bonds to finance improve- ordinance had been presented to ments. He said the details of the SLACC on October llth. On Novem- improvements to be financed hadn't ber 16th at the Council briefing been determined and the resolution session, Mr. Nelson said he re- before the Council was a resolu- viewed the SLACC recommendation, tion of intention which was re- which was to not change the quired to satisfy the federal ordinance. internal revenue code of 1986. He said the resolution described all Mr. Nelson then reviewed the possible facilities which may be six conditions as stated in the financed and the exact facilities ordinance: and terms would be finalized later. The Council would then 1. The petitioner shall adopt a final bond resolution. establish that the existing ille- (Q 89-8) gal structure was not constructed while the property was owned by UNFINISHED COUNCIL BUSINESS the petitioner. #1. RE: Utah Industrial 2. The existing structure Development Refunding Bonds, must have been constructed prior Series 1989 ( JTM Foothill Village to 1975 as established by the Project), $7, 410,000, to be pay- city' s aerial photo series of able from the pledge of a loan April 1975. agreement with JTM Foothill, Ltd. , authorizing the execution and 3. At the time of the pur- delivery of a loan agreement chase by the petitioner, there was between Salt Lake City, Salt Lake no recorded notice of violation or County, Utah, and JTM Foothill, certificate of noncompliance Ltd. , and an indenture of trust concerning the illegal structure and bond purchase agreement. recorded in the chain of title of the property. ACTION: The Council pulled this item without objection. 4. The existing structure (Q 84-18) must be no closer to the front property line than the primary #2. RE: An ordinance enact- structure on the property or ing Section 21. 80.290 of Title 21 twenty feet, whichever is greater. to provide a procedure for legal- izing existing violations of side 5. The existing structure yard and setback requirements for must maintain a minimum of three existing garages, carports and feet of landscaped side yard open patio covers. space to the property line. ACTION: Councilmember God- 6. The existing structure frey moved and Councilmember Kirk must meet the standards of the seconded to adopt the ordinance, Uniform Building Code in effect at which motion failed, Council- the time of the construction of members Fonnesbeck, Godfrey and the property. 89-319 PROCEEDINGS THE CITY COUNCIL OF SALT iKE CITY, UTAH TUESDAY, NOVEMBER 21, 1989 Councilmember Godfrey indi- Hardman raised the issue that cated that this was an issue he people converted garages into and Councilmember Kirk had been living quarters and suggested that trying to address for 2 1/2 years. this be included in the ordinance. He expressed their concern that Mr. Nelson said the planning staff people who bought homes with the thought this was a separate issue illegal structure in place were and it was being addressed in a having to tear down the struc- different ordinance. tures. The following statement reiterated his opinion: Councilmember Horrocks raised the issue that when people con- Enforcement procedures taken verted garages into living guar- against many illegally located ters this caused vehicles to be garages, carports and patio covers parked in driveways instead of in the Yalecrest and Rose Park garages. Allen Johnson, planning areas in 1986-1987 have revealed director, explained the philoso- that often the present owners were phy of restricting garage conver- not the persons responsible for sions and said basically this the illegal construction. Many practice caused aesthetic problems cases have developed where the because if people had more than present owner has unwittingly one car they would hard-surface purchased property without the other areas of their property. proper side yard and/or rear yard setbacks and the length of time Councilmember Horrocks asked that has past preempts the reason- when the city would "clamp down" able recourse the owner may have on those people who were in viola- against the original seller of the tion. Mr. Johnson said they property. The present owner is, investigated cases when they therefore, subject to a real received complaints. property loss if the zoning en- forcement were to proceed. Mr. Johnson reiterated that the community councils and SLACC In order to protect the many were satisfied with the present citizens who become victims of ordinance. He said the majority other owners who built structures of people were law abiding and without the property building took the effort to get the proper permits, the City Council has permits before building structures proposed legislation which would on their property. He said this authorize the Board of Adjustment ordinance did not take the law to legalize certain garages, abiding citizens into considera- carports and patio covers. tion. Mr. Godfrey pointed out that Councilmember Kirk urged the the contractors added to the Council to pass this ordinance and problem because they would build a said a lot of work had been under- structure without telling owners taken and some enforcement cases it was illegal and the city at- were still pending until a deci- torney' s office would tell con- sion was made about this ordi- cerned citizens that ignorance was nance. no excuse. He indicated that he and Mrs. Kirk wanted a provision Councilmember Godfrey reiter- for those people who were victims. ated the intent of the ordinance was only to protect those people Councilmembers Bittner and who had purchased a home not 89-320 PROCEEDINGS THE CITY COUNCIL OF SALT JCE CITY, UTAH TUESDAY, NOVEMBER 21, 1989 knowing that existing additions and delivery of an Agreement to were illegal. Enter Into Escrow and Forward Purchase Agreement, an Escrow and Councilmember Bittner said Forward Purchase Agreement, a she wanted the ordinance to be Refunding Escrow Agreement, and more comprehensive and include related documents and certifi- cases where garages had been cates, authorizing the preparation converted to living quarters. and distribution of preliminary and final offering statement and Councilmember Fonnesbeck said related matters, which motion it would take more time to resolve carried, all members voted aye. this issue if the ordinance was broadened. DISCUSSION: Judy McBride, Shearson Lehman Hutton, Inc. , Councilmember Horrocks sug- explained about the cost savings gested that this issue be tabled. of $1, 914, 968.40 and described how the refunding would work; In response to a question basically the airport would lock from Councilmembers Bittner and in today's favorable interest Horrocks about why existing struc- rates for a refunding issue which tures had to have been constructed would not become effective for prior to 1975, Mr. Nelson ex- another three and one-half years. plained that Salt Lake City' s She explained that the—purchase aerial photo series was estab- price for the bonds would be paid lished in April of 1975 and they now and the bonds would be issued could document which illegal in 1993, when the actual refund- structures actually existed. ing would take place. In response to a question from the Mayor about Councilmember Horrocks asked the forecast, Ms. McBride indicat- _ how long it would take to develop ed that rates would not drop an ordinance dealing with garage lower. Councilmembers expressed conversions. Brent Wilde, plan- their satisfaction with this deal. ping staff, said it would take six (Q 89-5) to eight weeks and the ordinance would then go before the community #4. RE: An ordinance amend- councils and SLACC. ing Title 11 of the Salt Lake City (0 89-33) Code, 1988, by adding a Chapter 12 relating to parties, gatherings or #3. RE: Utah Airport Reve- events. nue Refunding Bonds, Series 1993. ACTION: Councilmember God- ACTION: Councilmember Hor- frey moved and Councilmember rocks moved and Councilmember Hardman seconded to set a date for Godfrey seconded to adopt supple- a public hearing on Tuesday, mental Resolution 122 of 1989 December 12, 1989, at 6:50 p.m. , authorizing the issuance and which motion carried, all members confirming the sale of $20,760,000 voted aye. Airport Revenue Refunding Bonds, (0 89-37) Series 1993 of Salt Lake City, Salt Lake County, Utah; providing PUBLIC HEARINGS for refunding and redemption of a portion of the City' s outstanding #1. RE: A public hearing at Airport Revenue Bonds, Series 6:30 p.m. to obtain comments 1983; authorizing the execution regarding an ordinance amending 89-321 PROCEEDINGS L_ THE CITY COUNCIL OF SALT .- .KE CITY, UTAH TUESDAY, NOVEMBER 21, 1989 the fiscal year 1989-1990 budget would be used to enhance the drug to reappropriate fund balances in enforcement staffing. Captain Ed the CDBG Operating Fund relating Johnson, police department, said to administrative carryovers and this amount was not enough for to make other adjustments. staff but they would use the money for a computer and K-9 program ACTION: Councilmember Kirk which would be used to enhance moved and Councilmember Hardman drug enforcement along with other seconded to close the public allowable functions. hearing, which motion carried, all members voted aye. Mayor DePaulis said the drug seizure money was one time funding Councilmember Horrocks moved so it was not used for ongoing and Councilmember Bittner second- projects but was used for one-time ed to adopt Ordinance 70 of 1989, purchases. which motion carried, all members voted aye. Councilmember Bittner asked who funded the D.A.R.E program. DISCUSSION: Steve Fawcett, Captain Johnson said it was funded finance office, said budget amend- by the honorary colonels. ment #4 was included in the Coun- cil packets and copies had been Councilmember Hardman asked provided to the Recorder ' s Office. for a breakdown of the appropria- He also said the notice of public tion from the Municipal Building hearing had been advertised seven Authority for golf course con- days prior as required. He said struction. the objective of the budget open- ing was to handle the administra- Mr. Fawcett said the fund tive carryover item (CDBG) which balance carryover as of June 30, had been tabled in September. 1989, interest income earned ($98, 065) from July through Sep- Councilmember- Hardman re- tember and anticipated interest ferred to a $6, 000 appropriation earnings ($100, 000) from October to the CIP fund for the public 1989 to June 1990 totaled $4. 6 safety building parking structure million of which $3 million had study. He asked if this was a new been appropriated during the project or the continuation of an budget process. He said the existing project. remaining $1.6 million was now being appropriated to complete the Mr. Fawcett referred this project. question to Mayor DePaulis who indicated that he was not aware of No one from the audience all the particulars but said this spoke. was a study that engineering had (B 89-5) requested. Rosemary Davis, capi- tal planning, confirmed that this The meeting adjourned at 7: 15 study was requested by engineering p.m. and she understood it was a new project. COUNCIL CHAIR Councilmember Bittner asked about $29,328 of drug seizure money which was going to the general fund. She asked if it CITY RECORDER 89-322 632,, ' isk 444, IVO j, : ,. PALMER DEPAULIS ,,AET =11=.�.,t 1 �" r MAYOR 1" OFFICE OF THE MAYOR CITY AND COUNTY BUILDING C1,��G-'If 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7704 November 24 , 1989 Mick Crandall Wasatch Front Regional Council 420 West 1500 South Bountiful , Utah 84010 Dear Mick : Wasatch Front Regional Council has requested Salt Lake City ' s opinion of the proposed North Temple interchange . We understand that the interchange proposal is part of a much larger package of recommended transportation improvements in the Salt Lake Valley area . These improvements also include reconstruction of I-15 with two travel lanes in each direction , improved interchange ramping , and the construction of a light rail transit on the Union Pacific Railroad corridor between Sandy City and the downtown Salt Lake City . City Council has held several public hearings on this issue . In general , downtown business is in favor of the interchange and residents of the Avenues , Capital Hill , and Guadelupe/Jackson neighborhoods are against it . At its October 12 , 1989 meeting the City Council discussed the findings of their previous hearings and unanimously passed a motion encouraging me not to support the North Temple interchange . I wish to pass on to you this position of the City Council and my position which is as follows : We believe a sound transportation network in the Salt Lake Valley is vitally important to our economic future and quality of life . We recognize that the decision to proceed with improvements and finance them must be made now in order to bring these facilities on line as they are needed . We believe the roadway system between I-15 and the west side of downtown Salt Lake City must be improved . The 500/600 South interchange is being used to capacity and cannot handle the entire traffic demand between I- 15 and the downtown area . We are not convinced that adding a full interchange at North Temple is the only or best solution . The development of the Jazz Arena and other significant traffic generators in west downtown will undoubtedly require more intense use of 300 and 400 West streets . Presently , the 600 North interchange is under utilized . We recommend this interchange be evaluated in terms of providing some combination of southbound off- ramps and northbound on-ramps directly onto 300 and 400 West . This would allow drivers to access downtown on surface streets along the west edge of downtown and then enter the Central Business District eastbound in a dispersed manner on the street of their choosing . We also recommend the 900 South interchange and the 400 West off-ramp from the North Temple viaduct be evaluated to determined if they can be modified to provide improved access to downtown . We believe and are hopeful that these types of improvements can best serve downtown Salt Lake City and that an interchange at North Temple will not be necessary . Specifically , we recommend the aforementioned modifications to the 600 North and 900 South interchanges and to the North Temple viaduct be evaluated for effectiveness in meeting Salt Lake City ' s access needs . We recognize light rail transit as a needed and environmentally sound transportation mode and recommend light rail transit be approved and proceed to construction as soon as possible . We also recommend the I- 15 rehabilitation needs proceed to construction . We believe that with light rail transit in operation and I- 15 rehabilitated with the improvements we suggest , we will all be in a better position to determine the advisability of increasing the number of lanes on I- 15 and the need for further access improvements to downtown Salt Lake City . In essence , the proposal of a North Temple interchange should be placed on the "back burner" if it ever becomes necessary to revisit the North Temple interchange proposal in the future , the concerns of impacts to residential neighborhoods and the Temple Square area must be addressed . Although the Federal Highway Administration presently only considers 'for approval the addition of full interchanges , a partial interchange or other options should be addressed at that time . I appreciate the opportunity to provide you our recommendations on this important issue . Sincerely , 4(?, Mayor Palmer DePaulis TPH / sc cc : Joseph Anderson Tim Harpst John Pingree {t . CRAIG E. PETERSON .0�� 1�) a art( "G ® ' Il�lp\ 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: Proposed Ordinance repeal Section 18.16.030 of the Salt Lake City Code. Recommendation: That the City Council adopt the proposed ordinance that repeals Section 18.16.030 of the Salt Lake City Code regarding license bond requirements. . Availibility of Funds: Not applicable Dicussion and Background: Salt Lake City currently requires a bond in the sum of one thousand dollars from each contractor who works in the City. This requirement is outdated and a nuisance to contractors who perform work. Currently the State of Utah has bonding requirements which protects the property owner. The ordinance is part of the building code and the Attorney's Office has determined that a public hearing on this issue in not necessary. Legislative Action: The City Attorney's Office has prepared and approved the necessary ordinance and is attached for your action. Submitted by: C;; CHAEL B. Z Acting Directo Community and Economic Development ROGER R. EVANS SAM r A) ,V 'y9 cJ Yir 001?.P J R it J i NI HARVEY F. BOYD DIRECTOR ®'W�r ASSISTANT DIRECTOR DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Building and Housing Services 451 SOUTH STATE STREET, ROOM 406 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-6436 October 6, 1989 - Mayor Palmer DePaulis City & County Building, Roan 306 Sat Lake City, Utah 84111 Dear Parr: I have attached a draft proposal of repeal of Section 18.16.030 of the Salt Lake City Code. This draft document has been approved by the City Attorneys Office and would repeal the license bond requirements. Salt Lake City currently requires a bond in the sum of one thousand dollars front each contractor who works in the City. This reT irenent is outdated and a nuisance to contractors who perform work. Currently the state of Utah has bonding requirements which protects the property owners. I should be contacted to testify before the Council should they request someone to testify. Sincerely, Roger RI. Lans Director RREdk Attachment DRAFT SALT LAKE CITY ORDINANCE NO. OF 1989 ( License Bond Requirements) AN ORDINANCE AMENDING TITLE 18, CHAPTER 16, SALT LAKE CITY CODE, 1989, AS AMENDED, BY REPEALING SECTION 030 RELATING TO LICENSE BOND REQUIREMENTS, AS FOLLOWS: Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Title 18, Chapter 16, Section 030, Salt Lake City Code, Salt Lake City, Utah, relating to license bond requirements, be, and the same hereby is, repealed. Every plumbing, mechanical and electrical contractor shall have on file with the city a license bond in-the—sum of one nse bond shall be a sur the city and filed with the building official, and shall be conditioned that the applicant, during the term for which such regulations shall be granted shall faith-fully observe and cenpy f the city regulating indemnify Salt Lake City and any person injurcd or damaged by ordinances. (Prior code (5 4 3 )] SECTION 2. Effective Date. This Ordinance shall take effect upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . CHAIRPERSON ATTEST CITY RECORDER Transmitted to the Mayor on Mayor' s Action Approved. Vetoed. MAYOR CITY RECORDER (SEAL) Bill No. of 1989 . Published: . GRH:ap -2- LAW OFFICES i . 20,1 FLOOR BALLARD, SPAHR, ANDREWS He INGERSOLL 30 SOUTH 17rN STREET (INCLUDING THE PUBLIC FINANCE PRACTICE OF THE FORMER FIRM OF PHILADELPHIA,PA 19103 FOX,EDWARDS,GARDINER& BROWN) ONE WEST(AKES 123S WESTLAKES DRIVE AMERICAN PLAZA II, SUITE 400 BERWYN, PA 19312 57 WEST 200 SOUTH SUITE 2300 SALT LAKE CITY, UTAH 84101 1225 17,4 STREET DENVER,CO 80202 801 359-1800 SUITE 900 EAST TELECOPIER:801 521-5364 555 13,4 STREET,N.W. WASHINGTON,D.C.20004 RICHARD S. FOX November 29 , 1989 Ms . Jan Nielsen City and County Building 451 South State Street Salt Lake City, UT 84111 RE : Salt Lake City, Utah Special Improvement District No. 38-758 Dear Jan : Enclosed are seven sets of the Notice of Intention Resolution for the above referenced SID . City Council action is sheduled for December 5 , 1989 . Please note that there are new provisions allowing for a reserve fund to be fully or partially funded with assessments . There is also notification of the possibility that the first assessment installment will fall due in less than one year from the date of the assessment. The new low-income property owner provisions have not been included because it is our understanding that this District involves only commercial properties . November 29 , 1989 Page 2 Please let us know at your earliest convenience of any revisions or changes . Sincerely, R RD S . FOX RSF/ka Enclosure cc : Linda Hamilton Buzz Hunt Kathryn Marshall Cindy Gust-Jensen Cheryl Cook Terry Rock John Naser Bruce Baird, Esq. SALT Cc-1TY RPORATION DEPARTMENT OF PUBLIC WORKS JOSEPH R. ANDERSON 324 SOUTH STATE STREET PALMER DEPAULIS PUBLIC WORKS DIRECTOR SALT LAKE CITY, UTAH 84111 MAYOR 535-7775 TO: Salt Lake City Council DATE: December 5 , 1989 REFERENCE: Notice of Intention for 400 to 500 South Connector Curb and Gutter Extension No. 38-758 RECOMMENDATION: That the City Council adopt the Notice of Intention for the district and authorize the City to proceed with the advertising of the Notice of Intention in accordance with the attached schedule. AVAILABILITY OF FUNDS: Fiscal year 1988/89 and 1990/91 and Class "C" Road Funds and property owner assessments through the Special Improvement District. DISCUSSION: The 400 to 500 South Connector Curb and Gutter Extension Project involves the construction of 500 South Street from Redwood Road to the Surplus Canal . The project will include curb and gutter , driveway approaches, storm drainage, traffic signals, utility relocations, with five traffic lanes ( two each direction with a left turn center lane) . It is planned to bid the work during the spring of 1990 , and begin construction in April 1990 . The majority of the work will be done during the summer of 1990 and should be completed by late fall . The construction will be in phases and administered as to cause the minimum amount of disruption and inconvenience to the businesses and pedestrians. Attached is an information sheet, letter to the abutting property owners, the Notice of Intention, and a schedule of events for hearings and meetings on this project. CONTACT PERSON: John Naser , Project Manager 535-6240 SUBMITTED BY: Joseph R. Anderson, Public Works Director JRA:JNN:cp Attachment INFORMATION SHEET 400 TO 500 SOUTH CONNECTOR CURB AND GUTTER EXTENSION PROJECT NO. 38-758 DISCUSSION The 400 to 500 South Connector Curb & Gutter Extension Project involves the construction of 500 South from Redwood Road to the Surplus Canal and the connection of 400 South to 500 South at Orange Street. The project will include curb and gutter , some sidewalk, driveway approaches, storm drainage, traffic signals , utility relocations and five traffic lanes ( two each direction with a left turn center lane) . If is planned to bid the work during February 1990 , and begin construction in April 1990 . The work will be done during next summer and completed by late fall. The construction will be in phases and administered as to cause the minimum amount of disruption and inconvenience to the businesses and property owners. Assessments to the property owners would include the curb and gutter , driveway approaches, a small amount of sidewalk and ten ( 10) feet of the pavement. All other improvements will be paid for using and the Class "C" Roadway Funds. RECOMMENDATION It is recommended the City Council adopt the Special Improvement District Notice of Intention and authorize the City to proceed with the advertising of the Notice of Intention. ESTIMATED COST OF IMPROVEMENTS The total cost of improvements in said proposed Special Improvement District as estimated by the City Engineer is $1 , 852 , 800 . 00 of which it is anticipated the Municipality will pay $1, 545 , 700 . 00 . Approximately $307 , 100 . 00 shall be paid by a special tax to be levied against the property abutting upon the streets to be improved or upon property which may be affected or specifically benefited by such improvements. The actual commitment of the municipality to pay its portion of the costs of improvements is subject to the availability of funds and compliance with budget approval. The estimated costs include an allowance for contingencies and an allowance of approximately fifteen percent (15%) for administrative costs, engineering, legal and other costs in connection with the issuance of bonds . The property owners ' portion of the total estimated cost of the •improvements may be financed during the construction period by the use of interim warrants . The interest on said warrants will be assessed to the property owners. The estimated cost to be assessed against the properties within Curb and Gutter Extension No. 38-758 shall be as follows : IMPROVEMENTS AND ESTIMATED COSTS Rate Improvements Front Feet Estimated Estimated No. of Abutting Cost Per Cost Property Foot 1 . Sidewalk, Curb & Gutter and 10 ' of 8" Thick Industrial Class Pavement 494 . 07 $48 . 11 $ 23 , 769 . 71 2 . Curb & Gutter & 10 ' of 10" Thick Industrial Class Pavement 5 , 270 . 76 $42 . 00 $ 221 , 371 . 92 3 . Curb & Gutter & 10 ' of 8" Thick Industrial Class Pavement 585 . 44 $37. 71 $ 22 , 076 . 94 4 . 10 ' of 8" Thick Industrial Class Pavement 1, 138 . 31 $25 . 84 $ 29 , 413 . 93 Total Assessable Frontage 7, 488 . 58 $ 296 , 632. 54 Estimated Cost for Driveway Approach $ 10, 500 . 00 Total Estimate Abutters Portion of Improvements $ 307, 132. 50 FUNDING SOURCE 1 . Abutting Property Owners Portion for Improvements A. Estimated Cost for Improvements $ 307, 100 . 00 B. Interest on Interim Finance $ 30 , 000 . 00 2 . Estimated City Portion Funding for Improvements $1 , 545 , 700 . 00 BD561 (PF) Salt Lake City, Utah December 5, 1989 A regular meeting of the City Council of Salt Lake City, Salt Lake County, Utah was held on Tuesday the 5th 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: 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 DECLARING THE INTENTION OF THE CITY COUNCIL OF SALT LAKE CITY, SALT LAKE COUNTY, STATE OF UTAH, TO CONSTRUCT IMPROVEMENTS ON 500 SOUTH FROM REDWOOD ROAD WEST TO PIONEER ROAD AND THE NORTH AND SOUTH SIDES OF 400 TO 500 SOUTH CONNECTOR FROM REDWOOD ROAD TO ORANGE STREET, INCLUDING CURB AND GUTTERS, SIDEWALKS, ASPHALT PAVEMENT AND DRIVEWAYS AND ALL OTHER MISCELLANEOUS WORK NECESSARY TO COMPLETE THE IMPROVEMENTS; TO CREATE SALT LAKE CITY, UTAH CURB AND GUTTER EXTENSION SPECIAL IMPROVEMENT DISTRICT NO. 38-758 ; TO DEFRAY THE COST AND EXPENSES OF A PORTION OF SAID IMPROVEMENT DISTRICT BY SPECIAL ASSESSMENTS TO BE LEVIED AGAINST THE PROPERTY BENEFITED BY SUCH IMPROVEMENTS; TO PROVIDE NOTICE OF INTENTION TO AUTHORIZE SUCH IMPROVEMENTS AND TO FIX A TIME AND PLACE FOR PROTESTS AGAINST SUCH IMPROVEMENTS OR THE CREATION OF SAID DISTRICT; TO AUTHORIZE ADVERTISEMENT OF CONSTRUCTION BIDS AND RELATED MATTERS. BE IT RESOLVED by the City Council of Salt Lake City, Salt Lake County, Utah: Section 1 . The City Council of Salt Lake City, Salt Lake County, Utah (the "City" ) hereby determines that it will be in the best interest of the City to make improvements that will include construction of designated widths of roadway pavement, concrete curb and gutter and pavement where it does- not now exist and related driveway improvements and other improvements and modifications (collectively the "Improvements" ) , and to complete the whole according to the design plans, profiles and specifications on file in the Office of the City Engineer of Salt Lake City, Utah. In order BD561 (PF) 2 to finance the costs of the Improvements, the City proposes to create and establish a special improvement district which is more particularly described in the Notice of Intention, to construct the proposed Improvements. Section 2 . The proposed district shall be known as Salt Lake City, Utah Curb and Gutter Extension Special Improvement District No. 38-758" (the "District" ) . Section 3 . The cost and expenses of a portion of the proposed Improvements shall be paid by a special tax to be levied against the property fronting or abutting upon or situated within the District to be improved or which may be affected or specially benefited by any of such Improvements, such tax to be paid in not more than ten ( 10) equal annual installments with interest on the unpaid balance until due and paid. Section 4. Written protests against the proposed Improvements or against the creation of the District must be presented and filed in the Office of the City Recorder of Salt Lake City, Utah on or before the 16th day of January, 1990, at the hour of 5: 00 p.m. Thereafter at 6: 00 p.m. on Tuesday, the 16th day of January, 1990 at the City Council Chambers at 451 South State Street in Salt Lake City, Utah, any such protests shall be heard and considered by the City Council . The City Recorder is hereby directed to give notice of intention to make the proposed Improvements and of the time BD561 (PF) 3 within which protests against the proposed Improvements or the creation of the District may be filed and the date when such protests will be heard and considered by publishing a notice of intention to create the District in the Deseret News, a newspaper of general circulation in the City, said notice to be published four times, once during each week for four consecutive weeks, the last publication to be not less than five (5) nor more than twenty (20) days prior to the time fixed in the notice as the last day for the filing of protests. In addition, the City Recorder shall mail a copy of such notice by United States Mail, postage prepaid, to each owner of land to be assessed within the proposed District at the last known address of such owner, using for such purpose the names and addresses of said owners appearing on the last completed real property assessment rolls of Salt Lake City, Salt Lake County, and, in addition, a copy of such notice shall be mailed, postage prepaid, addressed to "Owner" at the street number of each piece of improved property to be affected by the assessment, said notices to be so mailed not later than ten ( 10) days after the first publication of the Notice of Intention. If a street number has not been so assigned, then the post office box, rural route number, or any other mailing address of the improved property shall be used for the mailing of the Notice. Said Notice shall be in substantially the following form: BD561 (PF) 4 NOTICE OF INTENTION PUBLIC NOTICE IS HEREBY GIVEN that on the 5th day of December, 1989 , the Mayor and City Council of Salt Lake City, Salt Lake County, Utah (the "City" ) , adopted a resolution declaring its intention to create a special improvement district to be known as Salt Lake City, Utah Curb and Gutter Extension Special Improvement District No. 38-758 (the "District" ) . It is the intention of the City Council to make improvements within the District and to levy special taxes as provided in Chapter 16, Title 10, Utah Code Annotated 1953 , as amended, on the real estate lying within the District for the benefit of which such taxes are to be expended in the making of such improvements. DESCRIPTION OF DISTRICT The District will be created within the following described area and boundaries and named in the section entitled "Street Improvements" as follows: AREA: The area involved in the Special Improvement District includes property abutting 500 South as detailed on Salt Lake City Atlas Survey Map Plats No. 50 and 51 and as further described on Salt Lake County Property Sidwell Map' s Numbers 15-3-31, 15-3-32 , 15-4-41 and 15-4-42 . BOUNDARIES : Boundaries of the Special Improvement District being the North and South sides of 500 South from Redwood Road West to Pioneer Road and the north and south sides of 400 to 500 South Connector from Redwood Road to Orange Street. BD561 (PF) 5 STREET IMPROVEMENTS Along the above described sections abutting property owners will be assessed for improvements built at the herein below estimated rates per front foot of abutting property; for designated widths of roadway measured 10 feet out from the street edge of the gutter, for concrete curb and gutter and pavement where it does not now exist, and for the abutter' s portion of certain miscellaneous driveway costs of the project as follows : 400 South Redwood Road to Orange Street, North Side From the west right-of-way of Redwood Road thence southwesterly 1,228. 71 feet to east side of Orange Street row line: Rate 2 400 South Redwood Road to Orange Street, South Side From the west row line of Redwood Road thence southwesterly 1, 134. 40 feet to the east side of Orange Street row line: Rate 2 . 400 South/500 South Connector, Orange Street, to 2300 West Street, North Side From the west row line of Orange Street thence west 3 , 712 . 94 feet to the east side of 2300 West row line: Rate 2 . 400 South/500 South Connector Orange Street to 500 South, South Side From the west row line of Orange Street thence southwesterly 295 .22 feet to the point of intersection to the north row line of 500 South: Rate 2 . Orange Street, 400 South Connector to 500 South, East Side From the south row line of 400 South connector thence southeasterly 225 . 44 feet to the north side row line of 500 South: Rate 3 . BD561 (PF) 6 Orange Street, 400 South Connector to 500 South, West Side From the south row line of 400 South connector thence southeasterly 187 .96 feet to the north side row line of 500 South: Rate 3 . 500 South, Redwood Road to Orange Street, North Side From the west row line of Redwood Road thence west 798 feet: Rate 4. Beginning at a point 798 feet west from the west row line of Redwood Road thence west 153 . 05 feet to the, east row line of Orange Street: Rate 1 . From the west row line or Orange Street thence west 349 .42 feet to the point it intersects the south row line of 400 South connector: Rate 3 . 500 South, Redwood Road to 2300 West Street, South Side From the west right-of-way line of Redwood thence west 455 . 69 feet: Rate 1. Beginning at a point 798 feet west from the west row line of Redwood Road thence west 340. 31 feet: Rate 4. Beginning at a point 796 feet west from the west right- of-way line of Redwood Road thence west 252 .017 feet: Rate 1 . Beginning at a point 1, 048.017 feet west from the west right-of-way line of Redwood Road thence west 360 feet: Rate 3 . Beginning at a point 1, 1408.017 feet west from the west right-of-way line of Redwood Road thence west 1, 729 . 30 feet to the east right-of-way line of Delong Street: Rate 2 . From the west right-of-way line of Delong Street thence west 1, 122 . 41 feet to the east right-of-way line of Surplus Canal . Rate 2 . All other necessary things shall be done to complete the whole project according to preliminary plans and profiles on file in the office of the Salt Lake City Engineer. BD561 (PF) 7 All nonconforming improvements such as lawns, sprinkling systems, rock gardens, driveways, curbs and gutters, culverts, walks, fences, etc . which have been built or installed by abutting property owners within the area to be improved and public way, must be removed by the property owners at their expense prior to the commencement of the project. If these improvements are not removed by the property owners, they will be removed by the contractor and disposed of by him as directed by the City Engineer. ESTIMATED COST OF IMPROVEMENTS The total cost of improvements in said proposed Special Improvement District as estimated by the City Engineer is $1, 852 , 800 . 00 of which it is anticipated the Municipality will pay $1 , 545 , 700 . 00. Approximately $307, 100.00 shall be paid by a special tax to be levied against the property abutting upon the streets to be improved or upon property which may be affected or specifically benefited by such improvements. The actual commitment of the municipality to pay its portion of the costs of improvements is subject to the availability of funds and compliance with budget approval. The estimated costs include construction and engineering expenses , an allowance for contingencies and allowance of approximately fifteen percent ( 15%) for administrative costs, legal and other costs in connection with the issuance of bonds . The assessments, when made for the District, may BD561 (PF) 8 include an amount sufficient to allow for the sale of bonds of the District at a discount and/or the funding of all or a portion of a debt service reserve. The property owners ' portion of the total estimated cost of the improvements may be financed during the construction period by the use of interim warrants. The interest on said warrants will be assessed to the property owners. The estimated cost to be assessed against the properties within Curb and Gutter Extension No . 38-758 shall be as follows: BD561 (PF) 9 IMPROVEMENTS AND ESTIMATED COSTS Rate Improvements Front Feet Estimated Estimated No. of Abutting Cost Per Cost Property Foot 1. Sidewalk, Curb & Gutter and 10' of 8" Thick Industrial Class Pavement 494.07 $48.11 $ 23,769.71 2. Curb & Gutter & 10' of 10" Thick Industrial Class Pavement 5,270.76 $42.00 $ 221,371.92 3. Curb & Gutter & 10' of 8 " Thick Industrial Class Pavement 585.44 $37.71 $ 22,076.94 4. 10' of 8" Thick Industrial Class Pavement 1 ,138.31 $25.84 $ 29,413.93 Total Assessable Frontage and Cost 7,488.58 $ 296,632.54 Estimated Cost for Driveway Approach $ 10,500.00 Total Estimate Abutters Portion of Improvements $ 307,132.50 FUNDING SOURCE 1. Abutting Property Owners Portion for Improvements A. Estimated Cost for Improvements $ 307,100.00 B. Estimated Interest on Interim Finance $ 30,000.00 2. Estimated City Portion Funding for Improvements $1,852,800.00 The estimated cost of the City' s portion consists of the cost of unclassified excavation, the cost of the paving of all BD561 (PF) 10 intersections and remainder of street pavement not paid by the abutting property owners, traffic signals, storm drains, sewer systems, resetting manholes and clean out box covers and frames, utility relocations, the cost of replacing any existing curb and gutter or sidewalk necessitated by the new improvements, and all miscellaneous costs of the project. Parking area, i . e. , those areas between the back of new curb and the property line, not occupied by walks or driveways will be brought to finished grade using the existing soil unless the property owner desires a 4-inch trough be left for placement of topsoil at his expense and labor. All of the frontage on the street within the district, upon which the improvements are to be made, will be assessed in accordance with the improvements constructed. Credits for corner lot exemptions or partial exemptions will be made as provided by State Statutes and City Ordinances . The abutter' s estimated cost per front foot does not include the cost of driveways which will vary according to width, length and amount of area to be covered. These costs are estimated to be approximately $3 . 50 per square foot for driveways . The cost of driveways will be assessed against the properties benefited in addition to the assessment for curb and gutter and paving. BD561 (PF) 11 ASSESSMENTS AND LEVY OF TAXES It is the intention of the City Council of Salt Lake City, Utah to levy assessments as provided by the laws of the State of Utah on all parcels and lots of real property within the District. The purpose of the assessments and levy is to pay those costs of the subject improvements which the City will not assume and pay. The method of assessment shall be by lineal front foot as set forth herein. The assessment may be paid by property owners in ten ( 10) equal annual installments with interest on the unpaid balance at a rate or rates fixed by the City Council, or the whole or any part of the assessment may be paid without interest with fifteen (15 ) days after the ordinance levying the assessment becomes effective. In order to fund the first semiannual interest installment payment and to coordinate the debt service schedule for the bonds of this District with debt service requirements for bonds outstanding from other districts within the City, the first payment of an assessment installment may be scheduled to fall due on a date less than one year from the date of adoption of the assessment. ordinance . Thereafter assessment installments will fall due on the anniversary date of the first installment payment. The assessments shall be levied according to the benefits to be derived by each property within the District. Other payment provisions and enforcement remedies shall be in BD561 (PF) 12 accordance with Chapter 16 of Title 10 of Utah Code Annotated 1953 , as amended. A map of the proposed District and copies of the preliminary design plans of the proposed improvements and other related information are on file in the office of the City Engineer who will make such information available to all interested persons. TIME FOR FILING PROTESTS Any person who is the owner of record of property to be assessed in the District described in this Notice of Intention shall have the right to file a written protest against the creation of 400 to 500 South Curb and Gutter Extension No. 38- 758 or to make any other objections relating thereto . Protests shall describe or otherwise identify the property record by the person or persons making the protest. Protests shall be filed with the City Recorder of Salt Lake City, Utah on or before 5 : 00 p.m. on the 16th day of January, 1990. Thereafter at 6 : 00 p.m. on the 16th of January, 1990, the City Council will meet in public meeting at the City Council Chambers to consider all protests so filed and hear all objections related to the proposed Curb and Gutter Extension No. 38-758 . The protest rate shall be determined by totaling the front footage of abutting property owners filing written protest and dividing it by the total assessable front footage BD561 (PF) 13 of all abutting property owners within the proposed District. The result will be a protest rate stated as a percentage for improvements to be assessed by the front foot. After the written protest rate has been determined, the City Council may, at its discretion, delete areas from the District. At the time of creation of the District, the written protests of property owners in any area not included in the District will not be used in determining the protest rate for the property owners remaining within the District. The City Council will rescind its intention to create the District if, after the deletions from the District, the total protest rate by front foot within the modified District boundaries is fifty percent (50%) or more . BY ORDER OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH /s/ Kathryn Marshall City Recorder BD561 (PF) 14 Section 5 . The City Engineer is hereby authorized to prepare a notice which calls for bids for the construction of improvements contemplated to be made in the Salt Lake City, Utah Curb and Gutter Extension Special Improvement District No. 38-758, and the City Recorder is hereby authorized to publish the Notice to Contractors calling for bids at least one time in the Deseret News, a newspaper of general circulation in Salt Lake City, at least fifteen ( 15 ) days before the date specified in the notice for the receipt of bids. Councilmember seconded the motion to adopt the foregoing resolution. The motion and resolution were unanimously adopted on the following recorded vote: Those voting AYE: W. M. "Willie" Stoler Alan Hardman L. Wayne Horrocks Florence B. Bittner Thomas M. Godfrey Sydney Reed Fonnesbeck Roselyn N. Kirk Those voting NAY: BD561 (PF) 15 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 ) BD561 (PF) 16 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 BD561 (PF) 17 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 5, 1989 at the hour of 6: 00 p.m. , insofar as said proceedings relate to the consideration and adoption of a resolution declaring the intention of the City Council to create Salt Lake City, Utah Curb and Gutter Extension Special Improvement District No. 38-758 and make certain improvements therein described as the same appears of record in my office; 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. BD561 (PF) 18 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 ) BD561 (PF) 19 STATE OF UTAH ) AFFIDAVIT OF MAILING : ss . NOTICE OF INTENTION 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 that the attached Notice of Intention was approved and adopted in the proceedings of the City Council held on Tuesday, the 5th day of December, 1989 . I further certify that on the day of , 1989 (a date not later than ten ( 10) days after the first publication of the Notice of Intention) I mailed a true copy of the Notice of Intention to create Salt Lake City, Utah Curb and Gutter Extension Special Improvement District No. 38-758 by United States Mail, postage prepaid to each owner of land to be assessed within the proposed Special Improvement District at the last known address of such owner, using for such purpose the names and addresses appearing on the last completed real property assessment rolls of Salt Lake County, and in addition I mailed on the same date a copy of said Notice of Intention addressed to "Owner" addressed to the street number, post office box, rural route number, or other mailing address of each piece of improved property to be affected by the assessment. I further certify that a certified copy of said Notice of Intention together with profiles of the improvements and BD561 (PF) 20 a map of the proposed District, was on file in my office for inspection by any interested parties. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Salt Lake City, Salt Lake County, Utah this day of , 1989 . City Recorder ( S E A L ) BD561 (PF) 21 (Affidavit of proof of publication of the Notice of Intention to create Salt Lake City, Utah Curb and Gutter Extension Special Improvement District No. 38-758 . ) BD561 (PF) 22 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 5 , 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. BD561 (PF) 23 IN WITNESS WHEREOF, I have hereunto subscribed my official signature this day of December, 1989 . City Recorder ( S E A L ) BD561 (PF) 24 EXHIBIT "A" Notice BD561 (PF) 25 LAW OFFICES 201,4 FLOOR BALLARD, SPAHR, ANDREWS & INGERSOLL 30 SOUTH 17r„ STREET (INCLUDING THE PUBLIC FINANCE PRACTICE OF THE FORMER FIRM OF PHILADELPHIA,PA 19103 FOX,EDWARDS,GARDINER 6 BROWN) ONE WESTLAKES AMERICAN PLAZA II, SUITE 400 1235 B WESTLAKES DRIVE B ERWYN, PA 19312 57 WEST 200 SOUTH SUITE 2300 SALT LAKE CITY, UTAH 84101 122S 17,,1 STREET DENVER,CO 80202 801 359-1800 SUITE 900 EAST TELECOPIER:801 521-5364 555 13,H STREET,N.W. WASHINGTON,D.C.20004 RICHARD S. FOX November 29 , 1989 Ms. Jan Nielsen City and County Building 451 South State Street Salt Lake City, UT 84111 RE: Special Improvement Districts Nos. 38-830 , 38-808 and 38-724 After receiving comments on the first drafts of the Board of Equalization proceedings, we have revised the abatement section. It is possible that this section will not be required in one or more of the Districts if it is determined that there is no residential property to be assessed. For this reason we have not circulated the revised draft to the entire working group. Please let us know if the low-income family residential provisions will be workable. In the meantime, determination will be made as to whether any references to the low-income policy will be required. Final drafts will be furnished before the council meeting on December 5 , 1989 . Very truly yours , RICH S. FOX RSF/ka Enclosure cc: Buzz Hunt Cheryl Cook Bruce Baird, Esq. SAM LAKE, ITY�@®RP� i�I;4 NE ,r... a.a `rrvl:ua•r .J'.-IS e a++c.��noa NE DEPARTMENT OF PUBLIC WORKS JOSEPH R. ANDERSON 324 SOUTH STATE STREET PALMER DEPAULIS PUBLIC WORKS DIRECTOR SALT LAKE CITY, UTAH 84111 MAYOR 535-7775 TO: SALT LAKE CITY COUNCIL DATE: DECEMBER 5 , 1989 REFERENCE: Resolution to schedule a Board of Equalization and Review for California Avenue Curb and Gutter Special Improvement District No. 38-724 . RECOMMENDATION: Adopt the attached resolution to schedule Board of Equalization Meetings for the above improvement district. AVAILABILITY OF FUNDS : Property Owner Assessments , City General Funds , and Federal Highway Administration Urban Aid Funds . DISCUSSION: The attached resolution will set dates for Board of Equalization and Review Meeting for the district and establish a Board of Equalization comprised of City Recorder or designate; City Engineer or designate; City Attorney or designate; and City Treasurer or designate. Board will meet in Engineering Conference Room at 444 South State Street on February 13 , 14 , and 15 , 1990 . CONTACT PERSON: John Naser P .E. , Project Manager , 535-6240 SUBMITTED BY : JOSEPH R. ANDERSON, Director of Public Works OA MGP: cp Attachment cc: Max G. Peterson Richard Fox John Naser Tula Gamvroulas Vault NOTICE OF MEETING OF BOARD OF EQUALIZATION AND REVIEW NOTICE IS HEREBY GIVEN that the assessment list for Salt Lake City, Utah, California Avenue Curb and Gutter Extension Special Improvement District No. 38-724 (the "District" ) created by the City Council in pursuance to a notice to intention heretofore published and mailed to all property owners to be affected in the District has now been completed and is available for examination at the office of the City Engineer . Four members of the City staff personnel have been duly appointed to act as the Board of Equalization and Review on the assessment proposed to be levied on the property within the District. The members of said City staff personnel sitting as a Board of Equalization and Review on the assessment proposed to be levied on the property within the District will meet in the City Engineering Office Conference Room at 444 South State Street, Salt Lake City, Utah on February 13 , 1990 between the hours of 3 : 00 p.m. and 4 : 00 p.m. on February 14 , 1990 between the hours of 4 : 00 p.m. and 5 : 00 p .m. , and on February 15 , 1990 between the hours of 6 : 00 p . m. and 7 : 00 p.m. to hear and consider any objections to and make any corrections of any proposed assessments which the Board may deem unequal or unjust. On each of the dates specified above, the assessment list and plats and amounts of the proposed assessment against each parcel of property shall be open to public inspection - continuously from 8 : 00 a .m. to 5 : 00 p.m. at the Office of the City Engineer of Salt Lake City, Utah. The area and boundaries of the District are as follows : AREA: The area involved in the Special Improvement District includes. property abutting California Avenue as detailed on Salt Lake City Atlas Survey Plats No. 55 and 64 and as further described on Salt Lake County Property Sidwell Map ' s Numbers 15-10-31 , 15-10-32 , 15-15-11, 15-15-12 , 15-C and 15-J. BOUNDARIES : Boundaries of the Special Improvement District being the North and South sides of California Avenue , from Redwood Road West to Pioneer Road . PASSED AND ADOPTED by the City Council of Salt Lake City, Utah, this 5th day of December , 1989 . /s/ Kathryn' Marshall City Recorder (S E A L) BD352 .A (PF) Salt Lake City, Utah December 5, 1989 A regular meeting of the City Council of Salt Lake City, Salt Lake County, Utah, was held on Tuesday, the 5th day of December, 1989, at the hour of 6: 00 p.m. at the regular meeting place of said City Council , at which meeting there were present and answering roll call the following members who constituted a quorum: W. M. "Willie" Stoler Chairperson Thomas M. Godfrey Councilmember Roselyn N. Kirk Councilmember L. Wayne Horrocks Councilmember Alan Hardman Councilmember Sydney Reed Fonnesbeck Councilmember Florence Bittner Councilmember Also present: Palmer A. DePaulis Mayor Roger Cutler City Attorney Kathryn Marshall City Recorder Absent: After the conduct of other business not pertinent to the following, the Chairperson stated that the City Engineer has prepared the assessment rolls for Salt Lake City, Utah California Avenue Curb and Gutter Extension No . 38-724 (the "District" ) for action and consideration by the Board of Equalization and Review and by the City Council, which assessment rolls are on file in the Office of the City Recorder and available for inspection by any interested property owner. Thereupon, Councilmember introduced the following resolution in writing which was read in full and moved its adoption: RESOLUTION NO. OF 1989 A RESOLUTION OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH APPOINTING A BOARD OF EQUALIZATION AND REVIEW FOR SALT LAKE CITY, UTAH CALIFORNIA AVENUE CURB AND GUTTER EXTENSION NO. 38-724; SETTING THE DATES FOR THE BOARD OF EQUALIZATION TO HEAR AND CONSIDER OBJECTIONS AND CORRECTIONS TO ANY PROPOSED ASSESSMENTS; AUTHORIZING THE CITY RECORDER TO PUBLISH AND MAIL A NOTICE OF MEETINGS OF THE BOARD OF EQUALIZATION AND REVIEW, INCLUDING NOTICE SUPPLEMENTING THE NOTICE OF INTENTION, AND RELATED MATTERS. WHEREAS, the City Council of Salt Lake City, Utah (the "Council" ) adopted a Notice of Intention to create the Salt Lake City, Utah California Avenue Curb and Gutter Extension No. 38-724 (the "District" ) on July 8, 1986 and published said Notice on August 6, 13 , 20 and 27, 1986 ; and WHEREAS, the Council desires to take advantage of statutory amendments and improved bond marketing techniques, by supplementing the Notice of Intention; and BD352 .A (PF) 2 WHEREAS, in accordance with the Notice of Intention and after giving notice as required by statute, a hearing was held before the Council on September 2 , 1986; and WHEREAS, prior to and at the hearing, persons having an interest in the District were allowed to protest the creation thereof; and WHEREAS, after protests against the creation of the District were heard and considered, the Council created the District on January 13 , 1987 ; and WHEREAS, the City Engineer has prepared the proposed assessment roll for the District and the Council desires to establish a board of equalization and review for the purpose of considering any objections and corrections to said assessment roll : NOW, THEREFORE, BE IT RESOLVED BY THE City Council of Salt Lake City, Utah as follows: Section 1 . A Board of Equalization and Review, as required by law, for the District (the "Board" ) is hereby appointed, consisting of the following City staff personnel: City Recorder or designee City Engineer or Public Works Director City Attorney or designee City Treasurer or designee Section 2 . The Board shall sit as a Board of Equalization and Review on the special assessment proposed to BD352 .A (PF) 3 be levied and assessed on the property within the District in the City Engineering Office Conference Room at 444 South State Street, Salt Lake City, Utah, on February 13 , 1990 between the hours of 3 :00 p.m. and 4: 00 p.m. , on February 14, 1990 between the hours of 4:00 p.m. and 5 : 00 p.m. , and on February 15, 1990 between the hours of 6 :00 p.m. and 7 : 00 p.m. to hear and consider any objections to and make corrections of any proposed assessments which the Board may deem unequal or unjust. Section 3 . The Notice of Intention is supplemented as follows: (a) In lieu of the 25% guaranty fund referred to in the Notice of Intention, the City may utilize a reserve fund as permitted by statutory amendments. The final decision as to the size and source of funding of the reserve fund will be made at the time of adoption of an ordinance levying assessments for the District. (b) The assessments, when made for the District, may include an amount sufficient to allow for the sale of bonds of the District at a discount and/or the funding of all or a portion of a debt service reserve. (c) In order to fund the first semiannual interest installment payment and to coordinate the debt service schedule for the bonds of this District with debt service requirements for bonds outstanding from other districts within BD352 .A (PF) 4 the City, the first payment of an assessment installment may be scheduled to fall due on a date less than one year from the date of adoption of the assessment ordinance . Thereafter assessment installments will fall due on the anniversary date of the first installment payment. Section 4. Assessments shall be equal and uniform according to the benefits and improvements received; however, when the owner of a residence abutting the required improvements shall have a combined family income at or below the "Very Low Income Household" guidelines established by the Department of Housing and Urban Development in its "Income Limits for Housing and Community Development, Section 8 Program for Salt Lake City and Ogden, Utah SMSA" , as amended from time to time, some, or all of the annual installments of the assessment may be paid by the City, subject to the availability of funds. In order for the above income guidelines to become effective for the purposes of this section, the City must receive notice of such amendment and same must be adopted by the Mayor by executive action. "Very Low Income Household" means a household whose income does not exceed 50% of the median family income for the area, as determined by HUD with adjustments for smaller and larger families . An owner must file an application for abatement with the City, in order for any installment payment to be abated. The abatement of assessments will only apply for BD352 .A (PF) 5 owner occupied single family residences. All other abutting properties will be assessed in accordance with the Notice of Intention. The property owners will be required to submit documentation of their income to the City for an evaluation for an abatement. For consideration of the first assessment installment, this information should be submitted for review not less than ten ( 10) days before the time of the Board of Equalization hearings for the District. Abatements will be determined on an annual basis . Each property owner must provide income information yearly, at the time of assessment billing, to qualify for abatement of any future installment of the assessment. Section 5 . The City Recorder is hereby authorized and directed to publish and mail , as provided by law and the ordinances of the City, a notice of meeting of the Board, said notice to be in substantially the following form: BD352 .A (PF) 6 NOTICE OF MEETING OF BOARD OF EQUALIZATION AND REVIEW NOTICE IS HEREBY GIVEN that the assessment list has now been completed and is available for examination at the office of the City Engineer for Salt Lake City, Utah California Avenue Curb and Gutter Extension No . 38-724 (the "District" ) created by the City Council in pursuance to a notice of intention heretofore published and mailed to all property owners to be affected in the District. Four members of the City staff personnel have been appointed to act as the Board of Equalization and Review on the assessment proposed to be levied on the property within the District. The members of said City staff personnel sitting as a Board of Equalization and Review on the assessment proposed to be levied on the property within the District will meet in the City Engineering Office Conference Room at 444 South State Street, Salt Lake City, Utah on February 13 , 1990 between the hours of 3 : 00 p.m. and 4: 00 p.m. , on February 14, 1990 between the hours of 4: 00 p.m. and 5 : 00 p.m. , and on February 15, 1990 between the hours of 6: 00 p.m. and 7 : 00 p.m. to hear and consider any objections to and make any corrections of any proposed assessments which the Board may deem unequal or unjust. On each of the dates specified above, the assessment list and plats and amounts of the proposed assessment against each parcel of property shall be open to public inspection continuously from 8: 00 a.m. to 5 : 00 p.m. at the Office of the City Engineer of Salt Lake City, Utah. In lieu of the 25% guaranty fund referred to in the Notice of Intention, the City may utilize a reserve fund as permitted by amendments to applicable statutes. The assessments, when made for the District, may include an amount sufficient to allow for the sale of bonds of the District at a discount and/or the funding of all or a portion of a debt service reserve. The first payment of an assessment installment may be scheduled to fall due on a date less than one year from the date of adoption of the assessment ordinance. Thereafter assessment installments will fall due on the anniversary date of the first installment payment. Assessments shall be equal and uniform according to the benefits and improvements received; however, when the owner of a residence abutting the required improvements shall have a combined family income at or below the "Very Low Income Household" guidelines established by the Department of Housing and Urban Development in its "Income Limits for Housing and BD352 .A (PF) 7 Community Development, Section 8 Program for Salt Lake City and Ogden, Utah SMSA" , as amended from time to time, some, or all of the annual installments of the assessment may be paid by the City, subject to the availability of funds. In order for the above income guidelines to become effective for the purposes of this abatement provision section, the City must receive notice of such amendment and same must be adopted by the Mayor by executive action. "Very Low Income Household" means a household whose income does not exceed 50% of the median family income for the area, as determined by HUD with adjustments for smaller and larger families . An owner must file an application for abatement with the City, in order for installment payment to be abated. The abatement of assessments will only apply for owner occupied single family residences. All other abutting properties will be assessed in accordance with the Notice of Intention. The property owners will be required to submit documentation of their income to the City for an evaluation for an abatement. For consideration of the first assessment installment, this information should be submitted for review not less than ten (10) days before the time of the Board of Equalization hearings for the District. Abatements will be determined on an annual basis. Each property owner must provide income information yearly, at the time of assessment billing, to qualify for the abatement of any future installment of the assessment. The area and boundaries of the District are as follows: AREA: The area involved in the Special Improvement District includes property abutting California Avenue as detailed on Salt Lake City Atlas Survey Plats No. 55 and 64 and as further described on Salt Lake County Property Sidwell Maps Numbers 15-10-31, 15-10-32 , 15-15-11, 15-15-12 , 15- C and 15-J. BOUNDARIES: Boundaries of the Special Improvement District being the North and South sides of California Avenue, from Redwood Road West to Pioneer Road. BD352 .A (PF) 8 PASSED AND ADOPTED by the City Council of Salt Lake City, Utah, this 5th day of December, 1989. /s/ Kathryn Marshall City Recorder ( S E A L ) • BD352 .A (PF) 9 Section 5 . The City Recorder is hereby directed to enter the foregoing proceedings upon the records of Salt Lake City, Utah (the "City" ) and to cause notices to be published in one issue of the Deseret News, a newspaper published in the City and having general circulation therein, the publication to be at least twenty (20) and not more than thirty-five (35) days prior to the date on which the Board of Equalization and Review will begin hearings. A copy of the notice set forth in Section 5 above shall not later than ten ( 10) days after publication of such notice, be mailed, postage prepaid, to each owner of land to be assessed within the proposed special improvement district at the last known address of such owner using for such purpose the names and addresses appearing on the last completed real property assessment rolls of the county wherein said affected property is located, and in addition, a copy of such notice shall be addressed to "Owner" and shall be so mailed, addressed to the street number of each of improved property to be affected hy the assessment. BD352 .A (PF) 10 After due consideration of said resolution by the City Council , Councilmember seconded its adoption and the same was adopted by the following vote: AYE: NAY: ADOPTED AND APPROVED this 5th day of December, 1989. Chairperson ATTEST: City Recorder ( S E A L ) BD352 . A (PF) 11 (Other business was transacted. ) Upon motion duly made, seconded and unanimously carried, the meeting was adjourned. Chairperson ATTEST: City Recorder ( S E A L ) BD352 .A (PF) 12 STATE OF UTAH ) . ss. COUNTY OF SALT LAKE ) I , Kathryn Marshall, the duly appointed, qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify that the foregoing is a full, true and correct copy of the minutes of a regular meeting of the City Council of Salt Lake City held in the temporary City Council Chambers in Salt Lake City on Tuesday, the 5th day of December, 1989, at the hour of 6: 00 p.m. as recorded in the regular official book of minutes as kept in my official office, that said proceedings were duly had and taken as therein shown, and that all the members were given due, legal and timely notice of said meeting as therein shown. I further certify that I delivered to the Deseret News, a newspaper published in said Municipality and having general circulation therein, a notice of meetings of the Board of Equalization and Review for Salt Lake City, Utah California Avenue Curb and Gutter Extension No. 38-724 for publication at least twenty (20) and not more than thirty-five (35) days prior to the date said Board will begin its hearings. BD352 .A (PF) 13 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Salt Lake City this 5th day of December, 1989 . City Recorder ( S E A L ) BD352 .A (PF) 14 STATE OF UTAH ) . ss. MAILING CERTIFICATE COUNTY OF SALT LAKE ) I , Kathryn Marshall , the duly appointed, qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify that I mailed a copy of the Notice of meetings of the Board of Equalization and Review, postage prepaid, to each owner of property to be assessed within Salt Lake City, Utah California Avenue Curb and Gutter Extension No. 38-724, at the last known address of such owner, using for such purpose the names and addresses appearing on the last completed real property assessment rolls of the County in which the property is located, and, in addition, I mailed, postage prepaid, a copy of such Notice addressed to "Owner" at the street number of each piece of improved property to be assessed. Said Notices were mailed by me on , 1989 , that being not later than ten ( 10) days after the first publication of the Notice in the Deseret News as above certified. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Salt Lake City, Utah, this 5th` day of December, 1989 . City Recorder ( S E A L ) BD352 .A (PF) 15 PROOF OF PUBLICATION Attached to this page is the Proof of Publication, indicating by the affidavit of the publisher that the said Notice of Meetings of the Board of Equalization and Review was published one time in the Deseret News . BD352 .A (PF) 16 CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I , Kathryn Marshall, the undersigned City Recorder of Salt Lake City, Salt Lake County, Utah (the "City" ) , do hereby certify, according to the records of the City in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-6(2 ) , Utah Code Annotated, 1953 , as amended, I gave not less than twenty-four (24) hours public notice of the agenda, date, time, and place of the December 5, 1989 public meeting held by the City as follows: (a) By causing a Notice, in the form attached hereto as Exhibit "A" , to be posted at the City " s temporary offices on December 1, 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 1, 1989, at least twenty-four (24) hours prior to the convening of the meeting. BD352 .A (PF) 17 IN WITNESS WHEREOF, I have hereunto subscribed my official signature this 5th day of December, 1989. City Recorder ( S E A L ) BD352 .A (PF) 18 EXHIBIT "A" NOTICE OF MEETING BD352 .A (PF) 19 SALJOSEPH R. ANDERSON • "��Qom►" T�Y� j J,j O � PALMER DEPAULIS PUBLIC WORKS DIRECTOR MAYOR DEPARTMENT OF PUBLIC WORKS 451 SOUTH STATE STREET, SUITE 507 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7775 TO: Salt Lake City Council DATE: December 5, 1989 REFERENCE: Resolution to schedule a Board of Equalization and Review for California Avenue Special Improvement District No. 38-808 . RECOMMENDATION: Adopt the attached resolution to schedule Board of Equalization Meetings for the above improvement district . AVAILABILITY OF FUNDS: Property Owner Assessments and City General Funds . DISCUSSION: The attached resolution will set dates for Board of Equalization and Review Meeting for the district and establish a Board of Equalization comprised of the City Recorder or designate; City Engineer or designate ; City Attorney or designate ; and City Treasurer or designate . Board will meet in the Engineering Conference Room at 444 South State Street on February 13, 14 and 15, 1990. CONTACT PERSON: Daniel Noziska , P. E. , Project Manager , 535-7958 SUBMITTED BY: Joseph R. Anderson , Director of Public Works De.A. MGP:DCN:pp Attachment cc w/attach. : Max G. Peterson Richard Fox Daniel C. Noziska Tula Gamvroulas Vault NOTICE OF MEETING OF BOARD OF EQUALIZATION AND REVIEW NOTICE IS HEREBY GIVEN that the assessment list for Salt Lake City, Utah , California Avenue Special Improvement District No . 38-808 (the "District") created by the City Council in pursuance to a notice of intention heretofore published and mailed to all property owners to be affected in the District has now been completed and is available for examination at the office of the City Engineer . Four members of the City staff personnel have been duly appointed to act as the Board of Equalization and Review on the assessment proposed to be levied on the property within the District . The members of said City staff personnel sitting as a Board of Equalization and Review on the assessment proposed to be levied on the property within the District will meet in the City Engineering Office Conference Room at 444 South State Street, Salt Lake City, Utah on February 13, 1990 between the hours of 3:00 p.m. and 4: 00 p.m. ; on February 14, 1990 between the hours of 4: 00 p.m. and 5: 00 p.m. ; and on February 15, 1990 between the hours of 6: 00 p.m. and 7:00 p.m. to hear and consider any objec- tions to , and make any corrections of, any proposed assessments which the Board may deem unequal or unjust . On each of the dates specified above , the assessment list and plats and amounts of the proposed assessment against each parcel of property shall be open to public inspection continuously from 8:00 a.m. to 5: 00 p.m. at the Office of the City Engineer of Salt Lake City , Utah. The area and boundaries of the district are as follows : AREA: The area involved in the Special Improvement District includes property abutting California Avenue as detailed on Salt Lake City Atlas Survey Plats No . 66 and 64 , Block 300 and 400 of Bara Industrial Park , and Sections 8 , 9 , 16 and 17 71S , R1W of the Salt Lake meridian , all of which are further described on Salt Lake County Property Sidwell Map' s Numbers 15-09-300, 15-08-400, 15-16- 100, 15-16-300 , and 15-17-200. BOUNDARIES: Boundaries of the Special Improvement District being the North and South sides of California Avenue , from Pioneer Road West to 3400 West . PASSED AND ADOPTED by the City Council of Salt Lake City, Utah, this day of , 1989, . City Recorder (S E A L) BD423 .A (PF) Salt Lake City, Utah December 5, 1989 A regular meeting of the City Council of Salt Lake City, Salt Lake County, Utah, was held on Tuesday, the 5th day of December, 1989, at the hour of 6: 00 p.m. at the regular meeting place of said City Council , at which meeting there were present and answering roll call the following members who constituted a quorum: W. M. "Willie" Stoler Chairperson Thomas M. Godfrey Councilmember Roselyn N. Kirk Councilmember L. Wayne Horrocks Councilmember Alan Hardman Councilmember Sydney Reed Fonnesbeck Councilmember Florence Bittner Councilmember Also present: Palmer A. DePaulis Mayor Roger Cutler City Attorney Kathryn Marshall City Recorder Absent: After the conduct of other business not pertinent to the following, the Chairperson stated that the City Engineer has prepared the assessment rolls for Salt Lake City, Utah Special Improvement District No. 38-808 (the "District" ) for action and consideration by the Board of Equalization and Review and by the City Council , which assessment rolls are on file in the Office of the City Recorder and available for inspection by any interested property owner. Thereupon, Councilmember introduced the following resolution in writing which was read in full and moved its adoption: RESOLUTION NO. _ OF 1989 A RESOLUTION OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH APPOINTING A BOARD OF EQUALIZATION AND REVIEW FOR SALT LAKE CITY, UTAH SPECIAL IMPROVEMENT DISTRICT NO. 38-808; SETTING THE DATES FOR THE BOARD OF EQUALIZATION TO HEAR AND CONSIDER OBJECTIONS AND CORRECTIONS TO ANY PROPOSED ASSESSMENTS; AUTHORIZING THE CITY RECORDER TO PUBLISH AND MAIL A NOTICE OF MEETINGS OF THE BOARD OF EQUALIZATION AND REVIEW, INCLUDING NOTICE SUPPLEMENTING THE NOTICE OF INTENTION, AND RELATED MATTERS. WHEREAS, the City Council of Salt Lake City, Utah (the "Council" ) adopted a Notice of Intention to create the Salt Lake City, Utah Special Improvement District No. 38-808 (the "District" ) on March 21, 1989 and published said Notice on April 7, 14, 21 and 28, 1989 ; and WHEREAS, the Council desires to take advantage of statutory amendments and improved bond marketing techniques, by supplementing the Notice of Intention; and WHEREAS, in accordance with the Notice of Intention and after giving notice as required by statute, a hearing was held before the Council on May 9 , 1989 ; and BD423 .A (PF) 2 WHEREAS, prior to and at the hearing, persons having an interest in the District were allowed to protest the creation thereof; and WHEREAS, after protests against the creation of the District were heard and considered, the Council created the District on June 6, 1989 ; and WHEREAS, the City Engineer has prepared the proposed assessment roll for the District and the Council desires to establish a board of equalization and review for the purpose of considering any objections and corrections to said assessment roll : NOW, THEREFORE, BE IT RESOLVED BY THE City Council of Salt Lake City, Utah as follows: Section 1 . A Board of Equalization and Review, as required by law, for the District (the "Board" ) is hereby appointed, consisting of the following City staff personnel : City Recorder or designee City Engineer or Public Works Director City Attorney or designee City Treasurer or designee Section 2 . The Board shall sit as a Board of Equalization and Review on the special assessment proposed to be levied and assessed on the property within the District in the City Engineering Office Conference Room at 444 South State Street, Salt Lake City, Utah, on February 13 , 1990 between BD423 .A (PF) 3 the hours of 3 : 00 p.m. and 4:00 p.m. , on February 14, 1990 between the hours of 4: 00 p.m. and 5 :00 p.m. , and on February 15 , 1990 between the hours of 6:00 p.m. and 7 : 00 p.m. to hear and consider any objections to and make corrections of any proposed assessments which the Board may deem unequal or unjust. Section 3 . The Notice of Intention is supplemented as follows: (a) In lieu of the 25% guaranty fund referred to in the Notice of Intention, the City may utilize a reserve fund as permitted by statutory amendments . The final decision as to the size and source of funding of the reserve fund will be made at the time of adoption of an ordinance levying assessments for the District. (b) The assessments, when made for the District, may include an amount sufficient to allow for the sale of bonds of the District at a discount and/or the funding of all or a portion of a debt service reserve. (c) In order to fund the first semiannual interest installment payment and to coordinate the debt service schedule for the bonds of this District with debt service requirements for bonds outstanding from other districts within the City, the first payment of an assessment installment may be scheduled to fall due on a date less than one year from the date of adoption of the assessment ordinance. Thereafter BD423 .A (PF) 4 assessment installments will fall due on the anniversary date of the first installment payment. Section 4. Assessments shall be equal and uniform according to the benefits and improvements received; however, when the owner of a residence abutting the required improvements shall have a combined family income at or below the "Very Low Income Household" guidelines established by the Department of Housing and Urban Development in its "Income Limits for Housing and Community Development, Section 8 Program for Salt Lake City and Ogden, Utah SMSA" , as amended from time to time, some, or all of the annual installments of the assessment may be paid by the City, subject to the availability of funds. In order for the above income guidelines to become effective for the purposes of this section, the City must receive notice of such amendment and same must be adopted by the Mayor by executive action. "Very Low Income Household" means a household whose income does not exceed 50% of the median family income for the area, as determined by HUD with adjustments for smaller and larger families. An owner must file an application for abatement with the City, in order for any installment payment to be abated. The abatement of assessments will only apply for owner occupied single family residences. All other abutting properties will be assessed in accordance with the Notice of Intention. The property owners will be required to submit BD423 .A (PF) 5 documentation of their income to the City for an evaluation for an abatement. For consideration of the first assessment installment, this information should be submitted for review not less than ten ( 10) days before the time of the Board of Equalization hearings for the District. Abatements will be determined on an annual basis. Each property owner must provide income information yearly, at the time of assessment billing, to qualify for abatement of any future installment of the assessment. Section 5 . The City Recorder is hereby authorized and directed to publish and mail, as provided by law and the ordinances of the City, a notice of meeting of the Board, said notice to be in substantially the following form: BD423 .A (PF) 6 NOTICE OF MEETING OF BOARD OF EQUALIZATION AND REVIEW NOTICE IS HEREBY GIVEN that the assessment list has now been completed and is available for examination at the office of the City Engineer for Salt Lake City, Utah Special Improvement District No. 38-808 (the "District" ) created by the City Council in pursuance to a notice of intention heretofore published and mailed to all property owners to be affected in the District. Four members of the City staff personnel have been appointed to act as the Board of Equalization and Review on the assessment proposed to be levied on the property within the District. The members of said City staff personnel sitting as a Board of Equalization and Review on the assessment proposed to be levied on the property within the District will meet in the City Engineering Office Conference Room at 444 South State Street, Salt Lake City, Utah on February 13 , 1990 between the hours of 3 : 00 p.m. and 4: 00 p.m. , on February 14, 1990 between the hours of 4: 00 p.m. and 5 : 00 p.m. , and on February 15, 1990 between the hours of 6: 00 p.m. and 7 :00 p.m. to hear and consider any objections to and make any corrections of any proposed assessments which the Board may deem unequal or unjust. On each of the dates specified above, the assessment list and plats and amounts of the proposed assessment against each parcel of property shall be open to public inspection continuously from 8: 00 a.m. to 5 : 00 p.m. at the Office of the City Engineer of Salt Lake City, Utah. In lieu of the 25% guaranty fund referred to in the Notice of Intention, the City may utilize a reserve fund as permitted by amendments to applicable statutes. The assessments, when made for the District, may include an amount sufficient to allow for the sale of bonds of the District at a discount and/or the funding of all or a portion of a debt service reserve . The first payment of an assessment installment may be scheduled to fall due on a date less than one year from the date of adoption of the assessment ordinance . Thereafter assessment installments will fall due on the anniversary date of the first installment payment. Assessments shall be equal and uniform according to the benefits and improvements received; however, when the owner of a residence abutting the required improvements shall have a combined family income at or below the "Very Low Income Household" guidelines established by the Department of Housing and Urban Development in its "Income Limits for Housing and BD423 .A (PF) 7 Community Development, Section 8 Program for Salt Lake City and Ogden, Utah SMSA" , as amended from time to time, some, or all of the annual installments of the assessment may be paid by the City, subject to the availability of funds. In order for the above income guidelines to become effective for the purposes of this abatement provision section, the City must receive notice of such amendment and same must be adopted by the Mayor by executive action. "Very Low Income Household" means a household whose income does not exceed 50% of the median family income for the area, as determined by HUD with adjustments for smaller and larger families . An owner must file an application for abatement with the City, in order for installment payment to be abated. The abatement of assessments will only apply for owner occupied single family residences. All other abutting properties will be assessed in accordance with the Notice of Intention. The property owners will be required to submit documentation of their income to the City for an evaluation for an abatement. For consideration of the first assessment installment, this information should be submitted for review not less than ten ( 10) days before the time of the Board of Equalization hearings for the District. Abatements will be determined on an annual basis. Each property owner must provide income information yearly, at the time of assessment billing, to qualify for the abatement of any future installment of the assessment. The area and boundaries of the District are as follows: AREA: The area involved in the Special Improvement District includes property abutting California Avenue as detailed on Salt Lake City Atlas Survey Plats No. 66 and 64, Block 300 and 400 of Bara Industrial Park, and Sections 8, 9, 16 and 17 71S, RiW of the Salt Lake meridian, all of which are further described on Salt Lake County Property Sidwell Map' s Numbers 15-09-300, 15-08-400, 15-16-100, 15-16-300, and 15-17-200. BOUNDARIES: Boundaries of the Special Improvement District being the North and South sides of California Avenue, from Pioneer Road West to 3400 West. BD423 .A (PF) 8 PASSED AND ADOPTED by the City Council of Salt Lake City, Utah, this 5th day of December, 1989 . /s/ Kathryn Marshall City Recorder ( S E A L ) BD423 .A (PF) 9 Section 5 . The City Recorder is hereby directed to enter the foregoing proceedings upon the records of Salt Lake City, Utah (the "City" ) and to cause notices to be published in one issue of the Deseret News, a newspaper published in the City and having general circulation therein, the publication to be at least twenty (20) and not more than thirty-five (35) days prior to the date on which the Board of Equalization and Review will begin hearings. A copy of the notice set forth in Section 5 above shall not later than ten ( 10) days after publication of such notice, be mailed, postage prepaid, to each owner of land to be assessed within the proposed special improvement district at the last known address of such owner using for such purpose the names and addresses appearing on the last completed real property assessment rolls of the county wherein said affected property is located, and in addition, a copy of such notice shall be addressed to "Owner" and shall be so mailed, addressed to the street number of each of improved property to be affected by the assessment. BD423 .A (PF) 10 After due consideration of said resolution by the City Council , Councilmember seconded its adoption and the same was adopted by the following vote: AYE: NAY: ADOPTED AND APPROVED this 5th day of December, 1989 . Chairperson ATTEST: City Recorder ( S E A L ) BD423 .A (PF) 11 (Other business was transacted. ) Upon motion duly made, seconded and unanimously carried, the meeting was adjourned. Chairperson ATTEST: City Recorder ( S E A L ) BD423 .A (PF) 12 STATE OF UTAH ) . ss. COUNTY OF SALT LAKE ) I , Kathryn Marshall, the duly appointed, qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify that the foregoing is a full, true and correct copy of the minutes of a regular meeting of the City Council of Salt Lake City held in the temporary City Council Chambers in Salt Lake City on Tuesday, the 5th day of December, 1989, at the hour of 6: 00 p.m. as recorded in the regular official book of minutes as kept in my official office, that said proceedings were duly had and taken as therein shown, and that all the members were given due, legal and timely notice of said meeting as therein shown. I further certify that I delivered to the Deseret News, a newspaper published in said Municipality and having general circulation therein, a notice of meetings of the Board of Equalization and Review for Salt Lake City, Utah Special Improvement District No. 38-808 for publication at least twenty (20) and not more than thirty-five (35) days prior to the date said Board will begin its hearings. BD423 .A (PF) 13 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Salt Lake City this 5th day of December, 1989 . City Recorder ( S E A L ) BD423 .A (PF) 14 STATE OF UTAH . ss. MAILING CERTIFICATE COUNTY OF SALT LAKE ) I , Kathryn Marshall, the duly appointed, qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify that I mailed a copy of the Notice of meetings of the Board of Equalization and Review, postage prepaid, to each owner of property to be assessed within Salt Lake City, Utah Special Improvement District No. 38-808, at the last known address of such owner, using for such purpose the names and addresses appearing on the last completed real property assessment rolls of the County in which the property is located, and, in addition, I mailed, postage prepaid, a copy of such Notice addressed to "Owner" at the street number of each piece of improved property to be assessed. Said Notices were mailed by me on , 1989, that being not later than ten ( 10) days after the first publication of the Notice in the Deseret News as above certified. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Salt Lake City, Utah, this 5th day of December, 1989 . City Recorder ( S E A L ) BD423 .A (PF) 15 PROOF OF PUBLICATION Attached to this page is the Proof of Publication, indicating by the affidavit of the publisher that the said Notice of Meetings of the Board of Equalization and Review was published one time in the Deseret News. BD423 .A (PF) 16 CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I , Kathryn Marshall, the undersigned City Recorder of Salt Lake City, Salt Lake County, Utah (the "City" ) , do hereby certify, according to the records of the City in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-6(2 ) , Utah Code Annotated, 1953 , as amended, I gave not Less than twenty-four (24) hours public notice of the agenda, date, time, and place of the December 5, 1989 public meeting held by the City as follows: (a) By causing a Notice, in the form attached hereto as Exhibit "A" , to be posted at the City ' s temporary offices on December 1, 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 1, 1989, at least twenty-four (24) hours prior to the convening of the meeting. BD423 .A (PF) 17 IN WITNESS WHEREOF, I have hereunto subscribed my official signature this 5th day of December, 1989. City Recorder ( S E A L ) BD423 .A (PF) 18 EXHIBIT "A" NOTICE OF MEETING BD423 .A (PF) 19 JOSEPH R. ANDERSON S„-- ` r z� ;oltty��tIJ` O de�IO I PALMER DEPAULIS PUBLIC WORKS DIRECTOR DEPARTMENT OF PUBLIC WORKS MAYOR 451 SOUTH STATE STREET, SUITE 507 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7775 TO: Salt Lake City Council DATE: December 5, 1989 REFERENCE: Resolution to schedule a Board of Equalization and Review for West Temple Street Special Improvement District No . 38-830. RECOMMENDATION: Adopt the attached resolution to schedule Board of Equalization Meetings for the above improvement district . AVAILABILITY OF FUNDS: Property Owner Assessments, Redevelopment Agency Funds . DISCUSSION: The attached resolution will set dates for Board of Equalization and Review Meeting for the district and establish a Board of Equalization comprised of the City Recorder or designate ; City Engineer or designate ; City Attorney or designate ; and City Treasurer or designate . Board will meet in the Engineering Conference Room at 444 South State Street on February 13, 14 and 15, 1990. CONTACT PERSON: Mark Morrison, P.E. , Project Manager , 535-6031 SUBMITTED BY: Joseph R. Anderson , Director of Public Works W, - ` MGP: GMM :pp Attachment cc w/attach. : Max G. Peterson Richard Fox Mark Morrison Tula Gamvroulas Vault NOTICE OF MEETING OF BOARD OF EQUALIZATION AND REVIEW • NOTICE IS HEREBY GIVEN that the assessment list for Salt Lake City, Utah , West Temple Street Special Improvement District No . 38-830 (the "District") created by the City Council in pursuance to a notice of intention heretofore published and mailed to all property owners to be affected in the District has now been completed and is available for examination at the office of the City Engineer . Four members of the City staff personnel have been duly appointed to act as the Board of Equalization and Review on the assessment proposed to be levied on the property within the District . The members of said City staff personnel sitting as a Board of Equalization and Review on the assessment proposed to be levied on the property within the District will meet in the City Engineering Office Conference Room at 444 South State Street, Salt Lake City, Utah on February 13, 1990 between the hours of 3: 00 p.m. and 4: 00 p.m. ; on February 14, 1990 between the hours of 4: 00 p.m. and 5: 00 p.m. ; and on February 15, 1990 between the hours of 6: 00 p.m. and 7: 00 p.m. to hear and consider any objec- tions to , and make any corrections of, any proposed assessments which the Board may deem unequal or unjust . On each of the dates specified above , the assessment list and plats and amounts of the proposed assessment against each parcel of property shall be open to public inspection continuously from 8:00 a.m. to 5: 00 p.m. at the Office of the City Engineer of Salt Lake City, Utah. The properties in the District abut the following streets: 1. West Temple Street: East side from 100 South Street to a point 105 feet south of 100 South Street. 2. West Temple Street : Both sides from 200 South Street to 400 South Street . 3. 200 South Street : South side from West Temple Street to 200 West Street . 4. 300, South Street : Both sides from 40 West to 200 West Street . 5. Pierpont Avenue : Both sides from West Temple Street to 200 West Street. 6. Post Office Place : North side from Main Street to West Temple Street . 7 . 200 West Street : East side from Pierpont Avenue to a point 132 feet south of Pierpont Avenue . NOTICE OF MEETING OF BOARD OF EQUALIZATION AND REVIEW Page -2- • 8 . Marguerite Court : Both sides from the south right of line to a point 165 feet south of the right of way line. PASSED AND ADOPTED by the City Council of Salt Lake City, Utah , this day of , 1989 , . City Recorder (S E A L) BD422 .A (PF) Salt Lake City, Utah December 5, 1989 A regular meeting of the City Council of Salt Lake City, Salt Lake County, Utah, was held on Tuesday, the 5th day of December, 1989 , at the hour of 6:00 p.m. at the regular meeting place of said City Council, at which meeting there were present and answering roll call the following members who constituted a quorum: W. M. "Willie" Stoler Chairperson Thomas M. Godfrey Councilmember Roselyn N. Kirk Councilmember L. Wayne Horrocks Councilmember Alan Hardman Councilmember Sydney Reed Fonnesbeck Councilmember Florence Bittner Councilmember Also present: Palmer A. DePaulis Mayor Roger Cutler City Attorney Kathryn Marshall City Recorder Absent: After the conduct of other business not pertinent to the following, the Chairperson stated that the City Engineer has prepared the assessment rolls for Salt Lake City, Utah Special Improvement District No. 38-830 (the "District" ) for action and consideration by the Board of Equalization and Review and by the City Council, which assessment rolls are on file in the Office of the City Recorder and available for inspection by any interested property owner. Thereupon, Councilmember introduced the following resolution in writing which was read in. full and moved its adoption: RESOLUTION NO. OF 1989 A RESOLUTION OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH APPOINTING A BOARD OF EQUALIZATION AND REVIEW FOR SALT LAKE CITY, UTAH SPECIAL IMPROVEMENT DISTRICT NO. 38-830 ; SETTING THE DATES FOR THE BOARD OF EQUALIZATION TO HEAR AND CONSIDER OBJECTIONS AND CORRECTIONS TO ANY PROPOSED ASSESSMENTS; AUTHORIZING THE CITY RECORDER TO PUBLISH AND MAIL A NOTICE OF MEETINGS OF THE BOARD OF EQUALIZATION AND REVIEW, INCLUDING NOTICE SUPPLEMENTING THE NOTICE OF INTENTION, AND RELATED MATTERS . WHEREAS, the City Council of Salt Lake City, Utah (the "Council" ) adopted a Notice of Intention to create the Salt Lake City, Utah Special Improvement District No. 38-830 (the "District" ) on March 1, 1988 and published said Notice on March 18 and 25 , 1988 and April 1 and 8, 1988; and WHEREAS, the Council desires to take advantage of statutory amendments and improved bond marketing techniques, by supplementing the Notice of Intention; and WHEREAS, in accordance with the Notice of Intention and after giving notice as required by statute, - a hearing was held before the Council on April 19, 1988; and BD422 .A (PF) 2 WHEREAS, prior to and at the hearing, persons having an interest in the District were allowed to protest the creation thereof; and WHEREAS, after protests against the creation of the District were heard and considered, the Council created the District on May 17, 1988; and WHEREAS, the City Engineer has prepared the proposed assessment roll for the District and the Council desires to establish a board of equalization and review for the purpose of considering any objections and corrections to said assessment roll : NOW, THEREFORE, BE IT RESOLVED BY THE City Council of Salt Lake City, Utah as follows: Section 1 . A Board of Equalization and Review, as required by law, for the District (the "Board" ) is hereby appointed, consisting of the following City staff personnel : City Recorder or designee City Engineer or Public Works Director City Attorney or designee City Treasurer or designee • Section 2 . The Board shall sit as a Board of Equalization and Review on the special assessment proposed to be levied and assessed on the property within the District in the City Engineering Office Conference Room at 444 South State Street, Salt Lake City, Utah, on February 13 , 1990 between BD422 .A (PF) 3 the hours of 3 : 00 p.m. and 4:00 p.m. , on February 14, 1990 between the hours of 4: 00 p.m. and 5 : 00 p.m. , and on February 15, 1990 between the hours of 6: 00 p.m. and 7 :00 p.m. to hear and consider any objections to and make corrections of any proposed assessments which the Board may deem unequal or unjust. Section 3 . The Notice of Intention is supplemented as follows : (a) In lieu of the 25% guaranty fund referred to in the Notice of Intention, the City may utilize a reserve fund as permitted by statutory amendments. The final decision as to the size and source of funding of the reserve fund will be made at the time of adoption of an ordinance levying assessments for the District. (b) The assessments, when made for the District, may , include an amount sufficient to allow for the sale of bonds of the District at a discount and/or the funding of all or a portion of a debt service reserve. (c ) In order to fund the first semiannual interest installment payment and to coordinate the debt service schedule for the bonds of this District with debt service requirements for bonds outstanding from other districts within the City, the first payment of an assessment installment may be scheduled to fall due on a date less than one year from the date of adoption of the assessment ordinance. Thereafter BD422 .A (PF) 4 assessment installments will fall due on the anniversary date of the first installment payment. Section 4. Assessments shall be equal and uniform according to the benefits and improvements received; however, when the owner of a residence abutting the required improvements shall have a combined family income at or below the "Very Low Income Household" guidelines established by the Department of Housing and Urban Development in its "Income Limits for Housing and Community Development, Section 8 Program for Salt Lake City and Ogden, Utah SMSA" , as amended from time to time, some, or all of the annual installments of the assessment may be paid by the City, subject to the availability of funds. In order for the above income guidelines to become effective for the purposes of this section, the City must receive notice of such amendment and same must be adopted by the Mayor by executive action. "Very Low Income Household" means a household whose income does not exceed 50% of the median family income for the area, as determined by HUD with adjustments for smaller and larger families. An owner must file an application for abatement with the City, in order for any installment payment to be abated. The abatement of assessments will only apply for owner occupied single family residences. All other abutting properties will be assessed in accordance with the Notice of Intention. The property owners will be required to submit BD422 .A (PF) 5 documentation of their income to the City for an evaluation for an abatement. For consideration of the first assessment installment, this information should be submitted for review not less than ten ( 10) days before the time of the Board of Equalization hearings for the District. Abatements will be determined on an annual basis. Each property owner must provide income information yearly, at the time of assessment billing, to qualify for the abatement of any future installment of the assessment. Section 5 . The City Recorder is hereby authorized and directed to publish and mail, as provided by law and the ordinances of the City, a notice of meeting of the Board, said notice to be in substantially the following form: BD422 .A (PF) 6 NOTICE OF MEETING OF BOARD OF EQUALIZATION AND REVIEW NOTICE IS HEREBY GIVEN that the assessment list has now been completed and is available for examination at the office of the City Engineer for Salt Lake City, Utah Special Improvement Districe No . 38-830 (the "District" ) created by the City Council in pursuance to a notice of intention heretofore published and mailed to all property owners to be affected in the District. Four members of the City staff personnel have been appointed to act as the Board of Equalization and Review on the assessment proposed to be levied on the property within the District. The members of said City staff personnel sitting as a Board of Equalization and Review on the assessment proposed to be levied on the property within the District will meet in the City Engineering Office Conference Room at 444 South State Street, Salt Lake City, Utah on February 13 , 1990 betwe.en the hours of 3 : 00 p.m. and 4: 00 p.m. , on February 14, 1990 between the hours of 4:00 p.m. and 5 : 00 p.m. , and on February 15, 1990 between the hours of 6: 00 p.m. and 7 :00 p.m. to hear and consider any objections to and make any corrections of any proposed assessments which the Board may deem unequal or unjust. On each of the dates specified above, the assessment list and plats and amounts of the proposed assessment against each parcel of property shall be open to public inspection continuously from 8: 00 a .m. to 5 : 00 p.m. at the Office of the City Engineer of Salt Lake City, Utah. In lieu of the 25% guaranty fund referred to in the Notice of Intention, the City may utilize a reserve fund as permitted by amendments to applicable statutes. The assessments, when made for the District, may include an amount sufficient to allow for the sale of bonds of the District at a discount and/or the funding of all or a portion of a debt service reserve. The first payment of an assessment installment may be scheduled to fall due on a date less than one year from the date of adoption of the assessment ordinance . Thereafter assessment installments will fall due on the anniversary date of the first installment payment. Assessments shall be equal and uniform according to the benefits and improvements received; however, when the owner of a residence abutting the required improvements shall have a combined family income at or below the "Very Low Income Household" guidelines established by the Department of Housing and Urban Development in its " Income Limits for Housing and BD422 .A (PF) 7 Community Development, Section 8 Program for Salt Lake City and Ogden, Utah SMSA" , as amended from time to time, some, or all of the annual installments of the assessment may be paid by the City, subject to the availability of funds. In order for the above income guidelines to become effective for the purposes of this abatement provision section, the City must receive notice of such amendment and same must be adopted by the Mayor by executive action. "Very Low Income Household" means a household whose income does not exceed 50% of the median family income for the area, as determined by HUD with adjustments for smaller and larger families . An owner must file an application for abatement with the City, in order for installment payment to be abated. The abatement of assessments will only apply for owner occupied single family residences. All other abutting properties will be assessed in accordance with the Notice of Intention. The property owners will be required to submit documentation of their income to the City for an evaluation for an abatement. For consideration of the first assessment installment, this information should be submitted for review not less than ten ( 10) days before the time of the Board of Equalization hearings for the District. Abatements will be determined on an annual basis. Each property owner must provide income information yearly, at the time of assessment billing, to qualify for the abatement of any future installment of the assessment. The properties in the District abut the following streets: 1 . West Temple Street: East side from 100 South Street to a point 105 feet south of 100 South Street. 2 . West Temple Street: Both sides from 200 South Street to 400 South Street. 3 . 200 South Street: South side from West Temple Street to 200 West Street. 4. 300 South Street: Both sides from 40 West to 200 West Street. 5 . Pierpont Avenue : Both sides from West Temple Street to 200 West Street. 6 . Post Office Place: North side from Main Street to West Temple Street. 7 . 200 West Street: East side from Pierpont Avenue to a point 132 feet south of Pierpont Avenue. BD422 .A (PF) 8 8 . Marguerite Court: Both sides from the south right of way line to a point 165 feet south of the right of way line. PASSED AND ADOPTED by the City Council of Salt Lake City, Utah, this 5th day of December, 1989 . /s/ Kathryn Marshall City Recorder ( S E A L ) BD422 .A (PF) 9 Section 5 . The City Recorder is hereby directed to enter the foregoing proceedings upon the records of Salt Lake City, Utah (the "City" ) and to cause notices to be published in one issue of the Deseret News, a newspaper published in the City and having general circulation therein, the publication to be at least twenty (20) and not more than thirty-five (35 ) days prior to the date on which the Board of Equalization and Review will begin hearings. A copy of the notice set forth in Section 5 above shall not later than ten ( 10) days after publication of such notice, be mailed, postage prepaid, to each owner of land to be assessed within the proposed special improvement district at the last known address of such owner using for such purpose the names and addresses appearing on the last completed real property assessment rolls of the county wherein said affected property is located, and in addition, a copy of such notice shall be addressed to "Owner" and shall be so mailed, addressed to the street number of each of improved property to be affected by the assessment. BD422 .A (PF) 10 After due consideration of said resolution by the City Council , Councilmember seconded its adoption and the same was adopted by the following vote: AYE: NAY: ADOPTED AND APPROVED this 5th day of December, 1989. Chairperson ATTEST: City Recorder ( S E A L ) BD422 .A (PF) 11 (Other business was transacted. ) Upon motion duly made, seconded and unanimously carried, the meeting was adjourned. Chairperson ATTEST: City Recorder ( S E A L ) BD422 .A (PF) 12 STATE OF UTAH ) ss . COUNTY OF SALT LAKE I , Kathryn Marshall, the duly appointed, qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify that the foregoing is a full, true and correct copy of the minutes of a regular meeting of the City Council of Salt Lake City held in the temporary City Council Chambers in Salt Lake City on Tuesday, the 5th day of December, 1989, at the hour of 6 : 00 p.m. as recorded in the regular official book of minutes as kept in my official office, that said proceedings were duly had and taken as therein shown, and that all the members were given due, legal and timely notice of said meeting as therein shown. I further certify that I delivered to the Deseret News, a newspaper published in said Municipality and having general circulation therein, a notice of meetings of the Board of Equalization and Review for Salt Lake City, Utah Special Improvement District No . 38-830 for publication at least twenty (20) and not more than thirty-five (35) days prior to the date said Board will begin its hearings. BD422 .A (PF) 13 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Salt Lake City this 5th day of December, 1989 . City Recorder ( S E A L ) BD422 .A (PF) 14 STATE OF UTAH ) . ss . MAILING CERTIFICATE COUNTY OF SALT LAKE ) I , Kathryn Marshall, the duly appointed, qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify that I mailed a copy of the Notice of meetings of the Board of Equalization and Review, postage prepaid, to each owner of property to be assessed within Salt Lake City, Utah Special Improvement District No. 38-830, at the last known address of such owner, using for such purpose the names and addresses appearing on the last completed real property assessment rolls of the County in which the property is located, and, in addition, I mailed, postage prepaid, a copy of such Notice addressed to "Owner" at the street number of each piece of improved property to be assessed. Said Notices were mailed by me on , 1989, that being not later than ten ( 10) days after the first publication of the Notice in the Deseret News as above certified. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Salt Lake City, Utah, this 5th day of December, 1989 . City Recorder ( S E A L ) BD422 .A (PF) 15 L PROOF OF PUBLICATION Attached to this page is the Proof of Publication, indicating by the affidavit of the publisher that the said Notice of Meetings of the Board of Equalization and Review was published one time in the Deseret News . BD422 .A (PF) 16 CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I , Kathryn Marshall, the undersigned City Recorder of Salt Lake City, Salt Lake County, Utah (the "City" ) , do hereby certify, according to the records of the City in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-6(2 ) , Utah Code Annotated, 1953 , as amended, I gave not less than twenty-four (24) hours public notice of the agenda, date, time, and place of the December 5, 1989 public meeting held by the City as follows: (a) By causing a Notice, in the form attached hereto as Exhibit "A" , to be posted at the City ' s temporary offices on December 1, 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 1 , 1989, at least twenty-four (24) hours prior to the convening of the meeting. BD422 .A (PF) 17 f_ IN WITNESS WHEREOF, I have hereunto subscribed my official signature this 5th day of December, 1989 . City Recorder ( S E A L ) BD422 .A (PF) 18 EXHIBIT "A" NOTICE OF MEETING BD422 .A (PF) 19 14- yes ALL'!' L.1. r lin OFFICE OF THE CITY COUNCIL CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, ROOM 304 SALT LAKE CITY, UTAH 84111 TELEPHONE Map5,,:g1, :r 1989 MEMORANDUM TO: COUNCIL MEMBERS �( FROM: CINDY GUST-JENSON e�/I/1�'f\ RE: HOSPITAL BONDS v The hospital bond backup information will be available in the Council Office on Monday. It is being sent express mail from Chicago and did not arrive in time to be included in the packets. The Incentive Review group did have an opportunity to review this, and their recommendation is attached. No opposition is anticipated. S' 'r=aJ(J1I�Y���' `, „°fie rI QN1 DEPARTMENT OF DEVELOPMENT SERVICES ROSEMARY DAVIS Capital Planning and Programming DIRECTOR CITY AND COUNTY BUILDING 451 SOUH STATE STREET, SUITE 404 SALT LAKE CITY, UTAH 84111 535-7902 November 27, 1989 TO: Mayor Palmer DePaulis (-10// FROM: Rosemary Davis RE: Hospital Facilities Industrial Revenue Bonds We have received application for issuance of $100 , 000 , 000 in hospital facilitates industrial revenue bonds from Intermountain Health Care, Inc. , Holy Cross Hospitals and St . Benedict ' s Health Care Systems . Because the proceeds of the bonds are for equipment purchase in facilities statewide , the City' s primary roll will be to accommodate the sale rather than to promote economic development as was anticipated in our incentive policy. There is , however , sufficient flexibility in our policy to process this request, and since both IHC and Holy Cross have major health care installations in the City, by retaining employees in existing facilities we can forego any potential adverse impact brought on by a lack of involvement. Planning and Zoning and the Finance Department have reviewed the application as required by the processing policy and have raised no objections to City participation in the sale of the bonds . Planning and Zoning notes, however , their recommendation for approval is subject to verification of master plan and zoning compliance at each site where equipment is being installed within the City. Members of the Incentive Review Committee have examined the application and there were no objections raised . Based on our analysis and response from departmental reviews (but subject to the City Attorney' s evaluation) , it is recommended that the City participate in the issuance of $100 , 000 , 000 in industrial revenue bonds for Intermountain Health Care, Inc . , Holy Cross Hospitals and St. Benedict ' s Health Care Systems. RECOMMENDATION: The application for City participation in the revenue bond request has been scheduled for public hearing and inducement resolution by the City Council on December 5. As provided in the Development Subsidy/Public Incentives policy, it is recommended that this evaluation be transmitted through the Mayor to the City Council for inclusion in their consideration of this matter. cc: Roger Cutler Allen Johnson Buz Hunt Rosemary Curtin IHC HOSPITALS HOLY CROSS HEALTH SYSTEM Pooled Financing Program Term Sheet Size of Pool IHC's participation $75 million Holy Cross's participation $25 million Participants Obligation Each participant is required to draw down from the pool 90% of its full participation within 1 year. Bond Financing Plan Issuer Salt Lake City Inter-Local Agreements Would be obtained as needed at the direction of Bond Counsel Bonds Multi-mode issue Initially Tax-Exempt Commercial Paper ("TXCP") Other available modes include Annual Mode, Weekly Mode and Conversion to Fixed Rate. Mode Changes Multiple series of bonds will give participants ability to change to a different interest mode or convert to fixed rate at will on a portion of the bonds. Term Stated maturity 30 years (bullet) TXCP Interest Rates Range for 1989: 5.50%-6.95% Current range: 6.15%-6.20% Security for the Bonds At all times bonds are secured by Letter of Credit provided by Fuji Bank. Prior to a draw of funds bonds are collateralized by investment obligations. Upon execution of a Loan Agreement, a participant becomes obligated to Fuji Bank for repayment of bonds. Each participant is obligated only for its own participation. There are no cross guarantees. • 1 Debt Service Requirements Debt service payments on bonds are backed by Fuji Bank and are made by passing through payments required under Loan Agreements. Each participant is responsible for debt service only on his own Loan Agreements. Description of Pool Qualifying Projects Any capital project or equipment qualifying for tax- exempt financing. Pool Trustee Bond proceeds are placed with pool trustee who invests funds and administers pool. Loan Agreement Participant draws funds from the pool upon execution of a Loan Agreement. Proceeds are then transferred by the trustee from the pool fund to the participant's construction/project fund and borrowing becomes obligation of participant. Term of Loans Term under Loan Agreement cannot exceed 120% of the useful life of equipment or project being financed or final term of bonds, whichever is less. Draw of Funds Participants must draw 90% of pool proceeds within 1 year of closing of bonds. Proceeds must then be spent on projects within 3 years. (Total of 4 years to spend funds.) Recycling Upon repayment to the pool under the Loan Agreement, funds would be available to be reloaned to the same participant for a qualifying project under a new Loan Agreement. Term of new Loan Agreement cannot exceed 120% of the useful life of the new project or the final maturity of the bonds, whichever is less. Fees and Expenses Ongoing Fees LOC Fee To be negotiated Remarketing Fee 1/8% of outstanding principal annually 2 Upfront Fees Underwriting Up to 1/2% of principal Legal and Other Expenses Up to $250,000 Program Working Group Underwriter, Remarketing Agent Goldman, Sachs & Co. Financial Advisor Smith Capital Markets Bond Counsel Chapman and Cutler Participants' Counsel Katten, Muchin & Zavis Underwriter's Counsel Willkie, Farr & Gallagher LOC Bank Fuji Bank, Los Angeles Agency Bank Counsel Jones, Day, Reavis & Pogue Bond Trustee, Pool Trustee Zions First National Bank 3 ''. 9/ ) • STAFF RECOMMENDATION PROPOSED AMENDMENT TO HOUSING ADVISORY AND APPEALS BOARD ORDINANCE NOVEMBER 29, 1989 STAFF RECOf'MENDATION BY: ED SNOW ACTION REQUESTED OF COUNCIL: Adopt an amendment that would provide a general appeals process for decisions of the Housing Advisory and Appeals Board. BACKGROUND INFORMATION: Once a City Board or Commission has made a ruling, an aggrieved party may appeal the decision. Under the current appeals process, the appeal is generally directed to the Mayor or to the Mayor's designee. If the aggrieved party is not satisfied with the Mayor's decision, he or she can appeal the decision to the Third District Court. The ordinance governing the appeals process for the HAAB stipulates that matters relating to demolition are first appealed to the Mayor. However, on all other HAAB decisions, the ordinance does not specify which route the appeals process should take. A citizen recently attempted to bypass the Mayor and appealed a HAAB decision directly to the Third District Court. STAFF ANALYSIS: This amendment would clarify the HAAB appeals process to make it consistent with other City regulatory boards. The amendment stipulates that any person aggrieved by any HAAB decision could appeal that decision to the Mayor within thirty days of the HAAB's written decision. I have double checked with the City Attorney's Office, and this amendment has absolutely nothing to do with the Scherbel case. RECOMMENDED ACTION: The City Council adopt the amendment. RECOMMENDED MOTION: I move that we close this public hearing. I move that we amend Section 18.48. 170 of the Salt Lake City Code to provide a general appeals process for decisions of the Housing Advisory and Appeals Board. ANTICIPATED OPPOSITION: None (, _ y CRAIG E. PETERSON S I a� K( "' .;�®`D)A- DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 218 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 To: Salt Lake City Council November 6, 1989 RE: Proposed Amendment to Housing Advisory and Appeals Board Ordinance Recommendation: That the City Council hold a public hearing on December 5, 1989 at 6:20 p.m. to discuss amending Section 18.48.170 to provide a general appeal process for decisions of the Housing Advisory and Appeals Board. • Availability of Rinds: Not applicable Discussion and Background: The City Attorney's Office has informed us that there is an omission in the provisions regarding appeals of the Housing Advisory and Appeals Board decisions on matters other than demolitions. The proposed ordinance outlines the appeal process that is consistent with our other regulatory board. Legislative Action: The City Attorney's Office has prepared the necessary ordinance and is ready for your action. S bmitted by: CI IAEL B. Z cting Director Community and Economic Development if SALT LAKE CITY ORDINANCE No. of 1989 ( Providing an Appeal Procedure from the Housing Appeals and Advisory Board by Creating Section 18.48. 170 ) AN ORDINANCE ENACTING SECTION 18 . 48. 170 PROVIDING A GENERAL APPEAL PROCESS FOR DECISIONS OF THE HOUSING ADVISORY AND APPEALS BOARD. WHEREAS, The City Council of Salt Lake City, Utah finds that an appeal process needs to be specified for actions from the Housing Advisory and Appeals Board; NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Section 18.48 . 170 be enacted to read as follows: 18.48.170 General Appeal Process. Unless another appeal process is otherwise specified in this chapter, any person aggrieved by any decision of the Housing Advisory and Appeals Board (HAAB ) , made under this chapter may appeal such decision to the Mayor within thirty days of the HAAB ' s written decision. The Mayor ' s designated hearing officer may consider testimony from any interested party. If the hearing officer determines that the decision of HAAB is supported by the evidence and is not arbitrary or capricious the hearing officer shall affirm the decision of HAAB. (. SECTION 2 . EFFECTIVE DATE. This ordinance shall become effective immediately upon 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- f `T See Section F items 4 and 5 for information relating to the public hearing for the hospital bonds. Final documents will be available in the Council Office on Monday. CRAIG E. PETERSON ',„', ' ' A�aa; T�11 G,,2 � 90111 DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 218 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 To: Salt Lake City Corporation October 30, 1989 Re: Proposed ordinance to allow as a conditional use within the "C-3A" outdoor garden centers. Recommendation: That the City Council hold a public hearing on December 5, 1989 at 6:40 p.m. to discuss a proposed ordinance to allow as a conditional use within the Commercial "C-3A" outdoor garden centers. Availability of Funds: Not applicable Discussion and Background: This ordinance change is being proposed due to the rezoning of property in the Sugar House Business District to a "C-3A" classification rather than the requested "C-3" classification. The proposed project includes a Shopko which uses an outdoor garden center as part of their retail structure which is not an allowable use in a "C-3A" zone. Several types of retail stores provide garden and yard maintenance products. Some of these stores have a seasonal demand which does not warrant the construction of permanent facilities to accommodate seasonal fluctuation in demand. To meet increased seasonal demand these commercial establishments use temporary garden display and storage area. The proposed ordinance would allow as a conditional use garden centers related to a primary retail use that provides such services at a smaller scale through the entire year. Several conditions are recommend in order to mitigate any adverse impacts that seasonal sales facilities may have in a "C-3A" zoning district. Legislative Action: The City Attorney's Office has prepared and approved the necessary ordinance and is ready for your action. Submitted by: 441;4'7 CCHAEL B. Z cling Direc r Community and .onr- -l.opment Staff Report to the Planning Commission on Modification of the Commercial "C-3A" Zoning District to Allow for Seasonal Outdoor Garden Centers OVERVIEW The proposed modification is to allow as a conditional use within the Commercial "C-3A" outdoor garden centers. Such uses would be incidental to a primary retail use. BACKGROUND The impetus for this change came about in the rezoning of property in the Sugar House Business District to Commercial "C- 3A" rather than the requested Commercial "C-3" classification. The proposed project includes a Shopko which uses an outdoor garden center as part of their retail structure . ANALYSIS The Commercial "C-3A" zoning classification permits commercial "C-3" uses except those requiring open storage of any merchandise or equipment to be sold. Several types of retail stores provide garden and yard maintenance products. Some of these stores have a seasonal demand which does not warrant the construction of permanent facilities to accommodate seasonal fluctuations in demand. To meet increased seasonal demand these commercial establishments use temporary garden display and storage areas. The planning staff has provided a draft ordinance modification for discussion. This modification would allow as a conditional use garden centers related to a primary retail use that provides such services ,at a smaller scale through the entire year . The draft proposal contains several conditions that would need to be met to mitigate any adverse impacts that seasonal sales facilities may have upon the basic characteristic of no outside storage within the Commercial "C-3A" zoning district. Proposed Ordinance Modification Chapter 21 . 62 C-3A COMMERCIAL DISTRICT 21 . 62. 050 Conditional Uses 3 . An outdoor garden center , when such use is incidental to the properties primary use and meets the following approval criteria: a . The use is on a hard surfaced area which does not conflict with any required off-street parking areas . b. The facility must be setback at least 30 feet from any property line that abuts a public right of way. c. Exterior signage is limited to one flat identity or nameplate sign per face not exceeding 9 square feet per sign. Any temporary informational or sale signs must be designed and located for customers within the garden center and be screened from exterior view. d. The garden center is to be partially enclosed by use of a perimeter fence of a minimum 5 foot height that is semi- opaque and of a neutral colored material when materials are for storage rather than display. e. The facility will not exceed six months in duration. f. A building permit will be required for site location review. A refundable cleanup bond of $250 . 00 will required with the building permit . If the above approval criteria are met the Zoning Administrator may authorize issuance of a permit. If the administrator finds that the proposed use does not meet the approval criteria then the applicant must meet the requirement of Section 21 . 62 . 060 Hearing . RECOMMENDATION The planning staff recommends that the Planning Commission recommend to the City Council the modification to the "C-3A" district to allow as a conditional use in the Commercial "C-3A" zoning district seasonal sales activities such as outdoor garden centers. Everett Joyce September 1989 • mall) (12 wir *Lk jug ALLEN C. JOHNSON, AICP PLANNING AND ZONING PLANNING DIRECTOR COMMISSION MEMBERS WILLIAM T. WRIGHT, AICP COMMUNITY AND ECONOMIC DEVELOPMENT RALPH BECKER DEPUTE 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 3 , 1989 Mr . Michael Zuhl, Chief of Staff Room 218 City/County Building Salt Lake City, UT 84111 Re: Transmittal of amendment to the Commercial "C-3A" zoning text for seasonal outdoor garden centers Dear Mike: On September 28 , 1989 the Planning Commission recommended to the City Council adoption of the staff ' s modification to the Commercial "C-3A" ordinance text with respect to allowing for seasonal outdoor garden centers that would be incidental to the primary land use. The planning staff report with proposed text modification is enclosed. If you have any questions please contact myself or Everett L. Joyce. Sincerely, Allen /C. ohnson, AICP Plan /ing irector ACJ:ELJ Enclosure cc : John Schuman, Planning Commission Chairman file ROGER F. CUTLER �/��, �y� �y{�� ASSISTANT ATTORNEYS CITY ATTORNEY dJ !1‘ ��t1/, f ° 1I LNE RAY L. MR. TGOM S Y STEVEN W. ALLRED �wd DEPUTY CITY ATTORNEY LAW DEPARTMENT LARRY V. SPENDLOVE BRUCE R. BAIRD CHERYL D. LUKE CITY AND COUNTY BUILDING FRANK M. NAKAMURA CITY PROSECUTOR 451 SOUTH STATE STREET, SUITE 505 ASSISTANT PROSECUTORS SALT LAKE CITY, UTAH 84111 CECELIA M. ESPENOZA RICHARD G. HAMP TELEPHONE (801) 535-7788 GLEN A. COOK FAX (801) 535-7640 MEMORANDUM TO: Everett Joyce Planning & Zoning FROM: Bruce R. Baird Assistant City Attorney v DATE: October 20, 1989 RE: Temporary Garden Centers Pursuant to our discussions I have drafted an ordinance allowing temporary garden centers in a Commercial C-3A District. In keeping with my policy in drafting ordinances of not throwing everything together under innumerable subsections I slightly reorganized the conditional use section to make it clear how the temporary outdoor garden center fits in. I also deleted the trivial bond requirement in the original draft because it really costs more to administer the bond than the security we receive by having such a small amount available. Finally, since the conditions are all black or white and not subject to discretion there is absolutely no need for a "hearing" procedure . Should anyone be dissatisfied with the Staff ' s decision they can appeal the decision to the Board of Adjustment. However, it would seem that the opportunity for making an error in the application of this ordinance is, at best, minimal . After you've had a chance to review the draft please let me know and if it is acceptable I will put it in final form. t;i1 7:11 It; it! SALT LAKE CITY CORPORATION No. of 1989 (Amending Chapter 62 of Title 21 Dealing With Conditional Uses in a Commercial C-3A Zoning District. ) AN ORDINANCE AMENDING CHAPTER 62 OF TITLE 21 DEALING WITH THE COMMERCIAL C-3A DISTRICT AND CREATING A CONDITIONAL USE FOR TEMPORARY OUTDOOR GARDEN CENTERS . WHEREAS, the City Council of Salt Lake City, Utah, finds, after a public hearing held before the Planning Commission and its own body that the City' s Commercial C-3A Zoning District should be amended to allow temporary outdoor garden centers as a conditional use subject to certain requirements . Now, therefore, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Chapter 62 of Title 21 be amended and enacted in part to read as follows: 21 . 62.050 Conditional Uses. A. In a C-3A commercial district, the planning commission may permit as a conditional use the following: 1 . An outdoor theater, provided the screens are so located as not to be visible form any adjoining street or residential area and that the entrance and exit driveways and the box office are so located that a traffic problem will not be incurred on any adjoining public street. 2 . New automobile and light truck sales and leasing including outdoor sales display and enclosed service and parts departments ( "automobile sales use" ) subject to the procedures specified in Section 21 . 60 thru 21 . 120. 3 . A temporary outdoor garden center as part of a permitted use when such garden center is incidental to the property' s primary permitted use subject to the conditions specified in Section 21 . 62 . 130. 21 . 62.060 Hearing-Automobile Sales Use. The planning commission shall hold an informal hearing on applications for a automobile sales conditional use under this chapter. 21 .62.070 Approval Criteria-Automobile Sales Use. *** 21.62.080 Design Requirements-Automobile Sales Use. *** 'I 21. 62.090 Design Criteria-Automobile Sales Use. *** 21.62.100 Display Prohibitions-Automobile Sales Use. *** 21 . 62.110 Noise Restrictions-Automobile Sales Use. *** 21.62.120 Denial-Automobile Sales Use. *** 21 . 62.130 Temporary Outdoor Garden Center Conditions. A temporary outdoor garden center as part of a primary use and incidental to such primary use shall be allowed only subject to the following conditions: -2- A. The temporary garden center operation shall be conducted only on a hard surface area. B. The temporary garden center use shall not interfere with access to, or diminish, any required off street parking. C. The temporary garden center use must be set back at least 30 feet from any property line abutting a public right of way. D. Exterior signage shall be limited to one flat, non- illuminated identity or name plate sign on each face of the garden center structure not exceeding nine square feet per sign. No other exterior signage shall be allowed and any other informational or sales signs in excess of one square foot shall be located within the temporary garden center and screened from exterior view. E. No storage of items, other than those available for immediate sale, shall be permitted within the area of the temporary garden center. Items available for sale within the area which are on pallets or other similar bulk arrangements shall be screened by a minimum five foot high semi-opaque fence of a neutral color. F. The temporary garden center operation shall be used no more than six months during any year. Any temporary structures for such use shall be removed during the remaining time each year and the area on which such use was conducted shall be restored to its original use. G. A building permit for the temporary garden center must be obtained for the first year of operation at any location. In -3- 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. SECTION 2 . EFFECTIVE DATE. This ordinance shall take effect immediately upon 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 -4-