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09/04/1990 - Minutes Igh PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 4, 1990 The City Council of Salt Lake City, Utah, met as Committee of the Whole on Tuesday, September 4, 1990, at 5:00 p.m. in Room 325, City County Building, 451 South State Street. The following Council Members were present: Ronald Whitehead Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Don Hale Nancy Pace Council Chair Hardman presided at the meeting. Council Chair Hardman called the Council for Mr. Buchanan to the meeting to order at 5:00 p.m. provide a summary of this review, stating the expected benefits to the City, as was usually done with EXECUTIVE DIRECTOR'S REPORT the process. The Executive Director Councilmember Kirk arrived for reviewed the evening' s agenda, the briefing session. noting on Item B-4, the resolution concerning sales tax on food that Concerning Item G-4, Janice a third draft was being presented Jardine of the Planning Division for their consideration, as indicated because the City doesn't suggested by Councilmember actually own, but had provided Godfrey. Following some certain services on Gordon Place, discussion about the Council 's that this street would be vacated original intents with this instead of closed, so the City resolution, the majority of the could maintain a pedestrian access Councilmembers were in favor of easement. The process of vacation the new proposed draft. It was rather than closure, was being decided Councilmember Godfrey pursued at the recommendation of would read the resolution during the City Attorney' s Office. the meeting. Ms. Gust-Jenson then reviewed Councilmember Horrocks the Council' s calendar of events, arrived for the briefing session noting minor changes. Ms. Gust-Jenson then noted for In reviewing the Council' s the TEFRA public hearing regarding schedule of meetings, she the Western Fiberglass Industrial indicated that the briefing on the Revenue Bonds, the staff Salt Lake City Tomorrow program recommendation would be to close scheduled for September 6th may be the hearing and refer to cancelled, if all Councilmembers unfinished business, since the were able to attend the individual incentive review committee had not briefing sessions. She indicated had sufficient time to review the the Council had been asked to application. Mr. Bob Buchanan of attend an information meeting Capital Planning indicated this concerning gang violence. process would be completed by the Participants in the meeting will September 11 meeting for Council' s be the mothers of the assailant approval of the inducement and the victim of a recent gang resolution. Councilmember Godfrey death that occurred in the City. indicated it would be helpful to The Councilmembers agreed to not 90-287 PROCAINGS OF THE CITY COUNCIL OF SALT LAKE CI*, UTAH TUESDAY, SEPTEMBER 4, 1990 schedule any business for the night of September 13th, and to schedule the Ensign Downs tour for September 24th at 4:00 p.m. REPRESENTATIVE TO SALT LAKE CITY TOMORROW PROGRAM Councilmembers Horrocks and Kirk expressed interest in being named as the Council' s representatives to the Salt Lake City Tomorrow Program. Councilmember Wayne Horrocks won the coin toss and was named as the Council 's representative. The briefing session adjourned at 5:35 p.m. 90-288 PROCEr. INGS OF THE CITY COUNCIL OF SALT LAKE CI , UTAH TUESDAY, SEPTEMBER 4, 1990 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, September 4, 1990, at 6:00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State Street. The following Council Members were present: Ronald Whitehead Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Don Hale Nancy Pace Mayor Palmer DePaulis, Roger Cutler, City Attorney, Kathryn Marshall, City Recorder, and Beverly Jones, Deputy Recorder, were present. Council Chair Hardman presided at and conducted the meeting. #1. The invocation was given #1. RE: Setting a date to by Father Hatzidakis. hold a non-advertised public hearing on September 11, 1990, at #2. The Council led the 6:30 p.m. to receive public Pledge of Allegiance. comment and consider adopting an ordinance vacating an alley #3. Councilmember Hale moved between Parkway Avenue and I-80 at and Councilmember Godfrey seconded about 875 East pursuant to to approve the minutes of the Salt Petition No. 400-810-90. Lake City Council for the regular (P 90-314) meeting held Tuesday, August 14, 1990, which motion carried, all #2. RE: Adopting Resolution members voted aye. 92 of 1990, authorizing the (M 90-1) execution of an interlocal cooperation agreement between Salt #4. Councilmember Godfrey Lake City Corporation and Salt presented a resolution concerning Lake County to allow conveyance of the proposed elimination of the and improvements to City property sales tax on food. The Salt Lake located in the County. City Council firmly opposed the (C 90-488) ballot initiative to remove the sales tax on food. #3. RE: Adopting Resolution 93 of 1990, authorizing the ACTION: Councilmember Godfrey execution of an interlocal moved and Councilmember Whitehead cooperation agreement between Salt seconded to adopt Resolution 91 of Lake City Corporation and the 1990, which motion carried, all Department of the Treasury, United members voted aye. States Secret Service, allowing their use of the Airport firing CONSENT AGENDA range. (C 90-489) Councilmember Hale moved and Councilmember Godfrey seconded to #4. RE: Setting a date to approve the consent agenda, which hold a hearing on September 18, motion carried, all members voted 1990, at 6:30 p.m. to receive aye. public comment and consider 90-289 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 4, 1990 adopting an ordinance amending Councilmember Godfrey moved Section 21.84.030(H) concerning and Councilmember Pace seconded to parking for theaters and arenas refer this item to unfinished pursuant to Petition No. 400-833- business, which motion carried, 90. all members voted aye. (P 90-315) DISCUSSION: Bob Buchanan, PUBLIC HEARINGS Capital Planning, said the department wanted to give the City #1. A public hearing at 6:00 Council the staff review of the p.m. to receive public comment and application next week when it was consider adopting a resolution fully developed. He said by providing for the financing by holding the public hearing tonight Salt Lake City of the acquisition the department would be able to of equipment and plant facilities meet the requirements. and related improvements for a fiberglass insulation and related Ivan Radman, 4384 Parkview products manufacturing facility to Drive, President of Western be located in Salt Lake City in Fiberglass, Inc. , said he would order that Western Fiberglass, answer any questions. Inc. may be provided with (Q 90-6) facilities to promote the general welfare and encourage the increase #2. A public hearing at 6:20 of industry and commerce; p.m. to receive public comment and authorizing and providing for the consider adopting an ordinance issuance by Salt Lake City of its rezoning the property located at $2,000,000 Industrial Development 917 South West Temple from a "C-1" Revenue Bonds, Series 1990 to a "C-3" classification pursuant (Western Fiberglass, Inc. project) to Petition No. 400-797-90. which will be payable solely from the revenues arising from the ACTION: Councilmember Godfrey pledge of a loan agreement with moved and Councilmember Hale Western Fiberglass, Inc. ; seconded to close the public authorizing the execution and hearing, which motion carried, all deliver of a loan agreement members voted aye. between Salt Lake City and Western Fiberglass; providing for Councilmember Godfrey moved financing the acquisition of said and Councilmember Kirk seconded to project; authorizing the execution adopt Ordinance 74 of 1990, which and delivery of an indenture of motion carried, all members voted trust and related documents; aye. confirming the sale of said bonds to the purchaser thereof; DISCUSSION: Bruce Parker, authorizing the publication of a Planning Department, said this was notice of bonds to be issued; and a request from The F. Weixler related matters. Company at 917 South West Temple. He said the present zoning on the ACTION: Councilmember Godfrey block was "C-3" commercial except and Councilmember Kirk seconded to for a one hundred foot wide strip close the public hearing, which which was one hundred feet back motion carried, all members voted from the intersection of West aye. Temple and 900 South. He said the property and the building were divided into two zoning districts 90-290 PROCDINGS OF THE CITY COUNCIL OF SALT LAKE CIO, UTAH TUESDAY, SEPTEMBER 4, 1990 which were "C-1" and "C-3" . He of property be rezoned because said this was the reason the with the "C-1" in place as these property owner had come before the properties redevelop, increased City Council and asked that the setbacks could be done. property be rezoned. He said the Councilmember Horrocks asked if F. Weixler Company made custom all fire codes and ordinances had made furniture and that operation been met in this building. Mr. was only allowed in the "C-3" Parker said it was his zone. He said all of the understanding the property owner company' s machinery must be had applied for a business license maintained north of the zoning for this location and had been boundary line. He said the owners cleared of all other requirements could not occupy part of the except the zoning issue. building in the "C-1" zone. Gerald Weixler, the Mr. Parker said there were petitioner, said he wanted to move three Master Plans and a pending the machinery to the different fourth in this location; the parts of the building. Central City Community Development (P 90-247) Plan of 1974, which directed commercial use of this location, #3. RE: A public hearing at the People's Freeway Master Plan, 6:30 p.m. to receive public the pending State Street Plan comment and consider adopting an which was transition uses in the ordinance amending Section vicinity of this property and the 21.38.060.B, by adding a new West Temple Gateway Plan, which Subsection 8, dealing with provided increased landscaping and nonprofit tutorial educational City control. He said the facilities, pursuant to Petition Planning Commission had No. 400-777-90. recommended rezoning part of the building from "C-1" to "C-3" Councilmember Godfrey moved Commercial. He said the and Councilmember Pace seconded to Commission felt this action would close the public hearing, which not compromise the Master Plans at motion carried, all members voted this location and allowed the aye. property owner to fully utilize the building. Councilmember Godfrey moved and Councilmember Hale seconded to Councilmember Hale asked if adopt Ordinance 75 of 1990, which the buildings to the south had the motion carried, all members voted same problem. Mr. Parker said aye. that was correct. He said the properties deeper than one hundred DISCUSSION: Janice Jardine, feet were within both the "C-1" Planning and Zoning, said in the and "C-3" zoning district. analysis of the petition the Councilmember Hale said if the Planning Staff identified specific Council rezoned the property at criteria to be provided in a 917 South West Temple it proposed use plan in addition to immediately cleared the problem . the requirements outlined in the up. He asked if there were existing ordinance. She said the buildings to the south that needed use plan identified specific to have the zoning changed also. impacts on neighborhoods where Mr. Parker said the Commission had these educational facilities would recommended that just this piece be located. She said the 90-291 111 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CIT,UTAH TUESDAY, SEPTEMBER 4, 1990 conditional use process allowed said this use plan had more each circumstance to be evaluated detailed analysis of the tutorial individually and was designed to uses. She said it included the protect the quality of average number of clients per day, neighborhoods and maintain the use the five to ten year projected of structures within such plan of how it was expected to neighborhoods. evolve, and the hours of operation. She said these were She said the Planning not in the ordinance so it had Commission's recommendation was been included in the use plan. approval of the petition with the She said with a rewrite of the addition of the changes outlined zoning ordinance the Commission in the ordinance. Councilmember would take a comprehensive look at Godfrey asked if neighborhoods the conditional uses. She said were notified when petitions such this would be part of the as this were brought before the recommendation to the people who City Council. He was concerned where preparing the plan to that the neighborhood knew the establish criteria to evaluate the property had been approved for conditional uses in more detail. tutorial work only. He asked if the neighbors had an opportunity Councilmember Hardman said to see what the conditions were the building was once a nursing that had to be met and if the home and asked if it was a neighbors had the right to file a permitted use. Ms. Jardine said complaint if the conditions were that was correct. Councilmember not met. Ms. Jardine said in the Hardman asked if a nursing home existing ordinance the conditional was permitted in "R-6" . Ms. use process required a Jardine said that was also recommendation from the Planning correct. Councilmember Godfrey Commission to the Board of said the Council was not talking Adjustment so the surrounding about a certain building. Ms. property owners which were Jardine said it was a change in affected should receive a notice the ordinance. of the Planning Commission and Board of Adjustment hearings. She Mary Hausen, 1767 South said this would be the neighbors Woodside Drive, said she was the opportunity to hear what had been Executive Director of the Literacy proposed and what impact there Volunteers of America/Wasatch would be on the neighborhood. Front. She said they were presently housed at 175 North 600 Councilmember Pace asked if West and this was the property the tutorial educational they would like to continue using. facilities were strictly nonprofit. Ms. Jardine said that She said the building had was correct. Councilmember Kirk complete handicapped accessibility said she had read the Planning and was nonprofit. She said the Commission's minutes and noted organization would be bringing a that the process allowed the national conference into Salt Lake circumstances to be evaluated City in November and would like to against the criteria. Ms. Jardine have permission to use the said in addition to the criteria building as our home baseand allow already existing in the ordinance, the national people to see the it talked about compliance with facility. the Master Plan and zoning. She 90-292 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 4, 1990 Councilmember Godfrey said Attorney' s Office, it was decided Ms. Hausen was addressing a that a formal hearing should be specific building and the Council held to vacate the City' s interest was just being asked to approve in Gordon Place as a street and the conditional use ordinance. maintain a public pedestrian Ms. Hausen said they had gone to access easement. She said it all the neighbors in the immediate could be formalized through a vicinity and talked to them. deeded easement. Councilmember Godfrey asked what the process was after the Councilmember Godfrey asked ordinance was passed. He asked if why the City was not closing the an application for conditional use street. Ms. Jardine said the City should be filed after the did not have the title to the land ordinance was approved. and was vacating the interest of (P 90-249) the street for vehicular use. She said the City was maintaining the #4. RE: A non-advertised pedestrian access requiring an public hearing at 6:40 p.m. to easement. Councilmember Pace receive public comment and asked if the easement was part of consider adopting an ordinance the petition or if that was a vacating Gordon Place between Main separate action. Ms. Jardine said and State Streets, pursuant to it was a requirement in the Petition No. 400-612-88, subject ordinance and would be a separate to certain conditions. action. She said the Council would set the policy that the ACTION: Councilmember City' s interest be vacated as Godfrey and Councilmember vehicular access. She said it Whitehead seconded to close the would be up to the Planning and public hearing, which motion Zoning administration and Real carried, all members voted aye. Property, and Zions Securities to put the easement language into a Councilmember Whitehead moved formal document and have it and Councilmember Kirk seconded to recorded. adopt Ordinance 77 of 1990 with the exception, that the easement Kent Money, 102 Social Hall go as far as the western boundary Avenue, said several months ago and the property descriptions be when this project was started, it changed, which motion carried, all was the intention to have members voted aye. pedestrian access between the houses located on State Street and DISCUSSION: Janice Jardine, through the landscaped area. He Planning and Zoning, said the said the easement or the right-of- Gordon Place right-of-way had been way extended west of the in existence since 1889 and had landscaped area along the north been used as a street for side of the Kimball Condominiums pedestrian and vehicle access. out to Main Street. He said that She said the properties fronting was not Zions Securities easement. Gordon Place were never part of a He said the Kimball Condominiums formal subdivision and therefore, owned that portion of property. a dedication of the Gordon Place Street was never formally Mr. Money said in looking at required. She said through the the documents, the City did not review of this process and based have a right-of-way through this on recommendation from the City property. He said the Landmarks 90-293 PROCANGS OF THE CITY COUNCIL OF SALT LAKE CIT,UTAH TUESDAY, SEPTEMBER 4, 1990 Committee recommended approval of lot of people use the property and the street closure and the City they had received a lot of maintain the prescriptive use favorable comments. right-of-way. He said a limited use contract could be developed Lorille Miller, 548 North for security reasons and limit the Columbus Street, said she was the use to pedestrian traffic. He Chairperson of the Capitol Hills said there was concern that if Community Council. She said Zions there was a 24 hour easement there Securities came to the Community would be problems with security in Council meeting in July and talked the area. Mr. Money said Zions to the Council. She said the Securities proposed that at night Council approved of the vacation, they would close the gates which with one condition. Ms. Miller had been installed and then patrol said the Community Council was at least once a night with a concerned about the entrance on security vehicle. He said they Main Street next to the Kimball were talking about an easement on Apartments. She said there was no a limited basis during the pedestrian access planned at the daylight hours so people could time they saw the plans and they enjoy a walking tour during the were worried. She said the day. Community Council wanted to negotiate with the Kimball Mr. Money said the lighting Condominiums to have pedestrian was low- level lighting and would access. She said on the east side not cause a lighting problem to her concern was about the the surrounding neighbors. He plantings. Ms. Miller said she said he felt it was an improvement hoped there would be lots of trees as to what it had been in the on the access to State Street so past. He said they would like to it would be pleasant to look at give the City a five foot (the and walk through. width of the pavers) easement through the property. He said if Ms. Jardine said it was her the path were to change a little, understanding that the parking lot the City would still have the by the Kimball Condominiums would easement through the property. He be discussed in another phase and said Zions Securities would give it would go through a conditional the City a written easement for use process. She said the this property. landscaping issues would be able to be discussed at that time. Councilmember Godfrey asked why there was no gate on State Councilmember Hardman said on Street. Mr. Money said the page two of the ordinance there driveway on State Street was was a legal description of the needed for access. Councilmember easement but he asked where the Godfrey asked if the width of the description started and ended. entrance on State Street was the Ms. Jardine said there were two same width as Gordon Place. Mr. descriptions; one was the right- Money said the entrance on Gordon of-way that went by the Kimball Place was larger. Councilmember Condominiums, and the second Hardman asked what hours the gates description went east from the were locked and unlocked. Mr. center to State Street. She said Money said there was no set time, those were descriptions of the but usually at night time, between existing street known as Gordon 8:00 p.m. and 8:00 a.m. He said a Place. She said the City would be 90-294 PROC DINGS OF THE CITY COUNCIL OF SALT LAKE COY, UTAH TUESDAY, SEPTEMBER 4, 1990 vacating the interest in those getting the same kind of easement legal descriptions by vacating the that Zions Securities was giving street. She said when the the City. Councilmember Godfrey easement was in place there would said the City should be getting be a different description. She the same easement from the Kimball said the easement would not Condominiums. necessarily be tied to this description. Roger Cutler, City Attorney, said the planning staff indicated Councilmember Hardman asked that the vacation go from State if the easement went from State Street to Main Street. He said by Street all the way through the vacating the landscaped area west block or only part of the way. to Main Street they could require Ms. Jardine said those two rededication because they were descriptions were of the easement going to be redoing the parking that would extend through to Main lot and thought as a conditional Street. use by getting the parking lot they could do that. He said if Mr. Money said Zions the City vacated the street they Securities could not give the City could not get it back. He an easement from the west end of suggested the City limit the the landscaped area out to Main vacation from State Street to the Street because it was not their boundary of the Zions Security property. He said they would like property and deal with the to make the walkway just north of vacation and have the appropriate the Kimball Condominiums and were bargaining power to if in case the hoping the condominiums would help City needed it on the west end of pay for the walkway. He said if the area. the condominiums would help with the cost, Zions Securities would Councilmembers Pace and have another entrance cut into the Godfrey said they were parking lot area which they would comfortable with that suggestion. give an easement to the Kimball Councilmember Hardman said it Condominiums to use for would have to be amended because a ingress/egress to service their property description was included fenced off area for garbage. for the easement and it was now Councilmember Hardman asked if the incorrect. He said if the legal description needed to be description went from State Street amended in the ordinance. to Main Street it would have to be Councilmember Pace said it would amended. Mr. Cutler said the be a different action all together ordinance could be adopted with with a different piece of the instruction that the legal property. description conform to the Council 's instruction from State Councilmember Godfrey said Street to the western boundary of Zions Securities had made the Zions property. available an easement for the property they control. LoRille Miller was concerned Councilmember Hardman said the about the property on the west legal description included side at Main Street. She said if property from State Street to Main the walkway was next to the Street. Mr. Money said the City Kimball Condominiums and people was vacating the road for the walked there in the summer it Kimball Condominiums without would be very hot and would not be acceptable to the area. 90-295 PROCEE NGS OF THE CITY COUNCIL OF SALT LAKE CIT, UTAH TUESDAY, SEPTEMBER 4, 1990 Councilmember Pace asked if seconded to adopt Ordinance 76 of Zions Securities could restrict 1990, which motion carried, all the times when the property would members voted aye. be opened. Mr. Cutler said Zions Securities would like to restrict DISCUSSION: John Wheat, use of the property from 8:00 p.m. Deputy Director of the Airport, to 8:00 a.m. said the ordinance would establish a gross receipts fee for off- Bruce Parker said when this airport in-flight catering issue was reviewed it was services. He said currently the recognized that there was airport did not have any off- adjoining residential property and airport catering services. He a potential security problem. He said there were two on-airport said there was no problem with operators both operated by closing the easement after dark Caterair, Inc. He said the and opening it again in the agreements with Caterair, Inc. morning. He said they thought it were for eight percent of gross was a good arrangement for the receipts. He said the airport residents. Mr. Cutler said there recommended that the Council adopt were utility easements in the the ordinance which would provide property and he did not know if for a seven percent of gross they were going to be included in receipts use fee for any operator the right-of-way or whether they who had established in-flight would be dealt with separately. catering service and required the He said the City would want those use of the airport' s aprons to recorded. He said the City was provide food and beverage to any not talking about an easement airlines which they would be which would be conditional and not serving for commercials flights. exist after dark. He said Zions Securities would have the right to Mr. Wheat said they came up close public access to the with the seven percent by looking property during night time hours. at the investment costs associated with the facilities at the Lorille Miller said she would airport. He said the City had like to see it opened at 7:00 a.m. built and owned those facilities so people could enjoy it on their and that was incorporated into the way to work. eight percent fee provided to us (P 90-283) by Caterair, Inc. He said the rent was $170,000 a year and was #5. RE: A public hearing at just for the facility which 6: 50 p.m. to receive public represented approximately one comment and consider adopting an percent of the total eight ordinance enacting Section percent. He said the Airport 16.12.155 of the Salt Lake City requested a seven percent off- Code relating to apron use fees. airport use fee so if an off- airport operator did decide to ACTION: Councilmember Godfrey construct a facility and operate moved and Councilmember Whitehead in Salt Lake at the Airport then seconded to close the public all companies would be treated at hearing, which motion, carried, a fairly equal rate with regard to all members voted aye. the fees they would be paying. (0 90-37) Councilmember Godfrey moved and Councilmember Whitehead 90-296 • I PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 4, 1990 The meeting adjourned at 7: 15 p.m.> £ i1 ` n �2�� i.�Vi1L COUNCIL HAIR �� '•' ,� .7-‘00 • `¢W,i7Myam.. .m ♦�• . ' fi r EC R �i '' • • Q��� 90-297 .\ '! a� tty @�CsE,?e rI_,OE OFFICE OF THE CITY COUNCIL - CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, ROOM 304 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7600 August 29, 1990 MEMORANDUM TO: COUNCILM@1BERS FROM: CINDY GUST—JENSON SUBJECT: SCHEDULE -- UPDATED DRAFT Attached for your convenience is an updated draft of the schedule for the coming months. It includes the changes you made in the RDA schedule during your August 28 meeting. Please plan to discuss the date of the Ensign Downs tour at the September 4 briefing session. Please let me know at that time if you notice any conflicts about which we should be aware. Thank you. cc: Council Staff Alice Larkin Steiner Emilie Charles Stephanie Peterson Sgt . A. M. Cannole Sgt. D. Orgill Officer John Dunn TENTATIVE 1990-91 MEETING & KEY EVENT SCHEDULE Revised, August 29, 1990 (Additions from the August 16 draft are marked in bold) SEPTEMBER September 4 Regular Council Meeting September 5 6:00 p.m. : Mayor @ American Towers Community Council 48 W. Broadway 8:00 p.m.: Mayor @ People's Freeway Community Council Water Dept. Conference Room. 1530 So. West Temple September 6 Committee of the Whole *Cemetery Tour (4:00? 5:00? Briefing only?) *East Downtown Master Plan briefing *Salt Lake City Tomorrow briefing -- tentative September 10 Salt Lake City Tomorrow public forum, Chamber, 7:00 pm Beginning with briefing session and dinner at 5:30 for Councilmembers September 11 Regular Council Meeting September 12, 13, 14 Utah League of Cities & Towns, SL Hilton Hotel September 12 7:00: Tentative: Informal discussion between Councilmembers and parents of youths involved in gang violence. Chamber. (Note: This conflicts with the League's dinner -- should it be rescheduled?) September 13 Ensign Downs tour? (League meetings end at 5:00, but some members may have league business extending beyond 5:00 p.m.) Note: RDA meeting has been rescheduled to 9/20 September 18 Regular Council Meeting September 20 RDA, including public hearing on Advisory Committee Note: Retreat with Planning Commission, RDA & Board of Adjustment will be rescheduled to November 15, per Planning's staff's request. September 24 Ensign Downs tour -- tentative 3:30 p.m. 1Z5c? , OCTOBER October 2 Regular Council Meeting October 4 Redevelopment Agency -- regular meeting (changed from October 11 , due to national RDA meeting) October 8-11 National NAHRO Meeting October 9 Regular Council Meeting October 11 Committee of the Whole *Fire Department's Consolidated Dispatch audit response *Human Resources & Administrative Services audit. response *Discussion of Rear-yard/ Side-yard & Garage Conversion issue -- tent. October 16 4:00: Council/Mayor Roundtable Meeting, including briefing on the legislative issues the League of Cities and Towns will be pursuing. Regular Council Meeting October 18 Committee of the Whole *Attorney, including discussion of decriminalizing traffic violations and the possible bonus program for employee residence *Housing Development Corporation (HDC) quarterly report *SLACC quarterly discussion October 23 6:00 p.m. : Mayor @ South Central Community Council County Complex - N1101 2100 South State October 27 Tentative: RDA Retreat NOVEMBER November 1 Committee of the Whole (Meeting date, since November 22 will need to be cancelled due to Thanksgiving) *Police *Public Works *Refuse Enterprise Fund November 6 Regular Council Meeting November 8 Redevelopment Agency -- regular meeting November 13 Regular Council Meeting tTiC ID November 15 4:00: Council/Mayor Roundtable Meeting Committee of the Whole Joint meeting with the Planning Commission, Council, RDA and Board of Adjustment • November 19 6:00 p.m.: Mayor @ Cap. Hill Community Council Salt Lake Community School, 233 W. 200 No. November 20 Regular Council Meeting November 22 Committee of the Whole CANCELLED DUE TO THANKSGIVING November 27 5:30: Briefing & Reception for Salt Lake County Legislators -- Chamber DECEMBER • December 1-5 Congress of Cities, Houston, Texas December 4 Regular Council CANCELLED DUE TO CONGRESS OF CITIES? December 6 Regular Council Meeting, if necessary (Thursday) Committee of the Whole *Finance, including leased office space discussion *Airport December 11 Regular Council Meeting December 13 RDA -- regular meeting JANUARY January 8 Regular Council Meeting January 10 *RDA -- regular meeting January 15 Regular Council Meeting January 17 Committee of the Whole *Financial Audit Presentation *Public Utilities *Parks *Golf Enterprise Fund January 22 Regular Council Meeting January 24 Committee of the Whole *Fire Department -- policy issues *Community & Economic Development January 29 District 6 Community Meeting FEBRUARY February 5 Regular Council Meeting February 6 6:30 p.m.: Mayor 0 Avenues Community Council Location to be announced February 7 Committee of the Whole *Library *Human Resources & Admin. Services -- policy issues February 9 Mayor/Council Budget Retreat -- Tentative February 12 Regular Council Meeting February 14 RDA -- regular meeting To be announced Council Retreat February 19 Regular Council Meeting February 21 Committee of the Whole February 26 District 7 Community Meeting MARCH March 5 Regular Council Meeting March 6 6:00 p.m. : Mayor @ East Central / Liberty Park Judge Memorial 650 South 1100 East, 4th floor March 7 Committee of the Whole March 12 Regular Council Meeting March 14 RDA -- Regular Meeting March 19 Regular Council Meeting March 21 Committee of the Whole March 26 District 1 Community Meeting APRIL April 2 Regular Council Meeting April 3 5:30 p.m. : Mayor @ Central City Community Council Central City Comm. Center 615 So. 300 E. .404 6e °e April 4 Committee of the Whole -- Enterprise Fund Budgets April 9 Regular Council Meeting April 11 RDA -- Regular Meeting April 16 Regular Council Meeting April 18 Committee of the Whole -- Enterprise Fund Budgets April 23 District 2 Community Meeting MAY May 7 Regular Council Meeting -- Mayor delivers budget May 9 RDA -- Regular Meeting Committee of the Whole -- budget overview & selection of major topics of emphasis May 14 Regular Council Meeting and Committee of the Whole May 16 Committee of the Whole May 21 Regular Council Meeting and Committee of the Whole May 23 Committee of the Whole May 28 Committee of the Whole May 30 Committee of the Whole JUNE June 4 Regular Meeting and Committee of the Whole June 6 Committee of the Whole -- straw poll roll-up June 11 Regular Meeting -- Budget Adoption (Unless it is necessary to leave for the Olympic bid by June 10.) June 13 RDA -- Regular Meeting June 15 Tentative: Olympic Bid in England (Could be scheduled for earlier in the month) SALT LAKE CITY COUNCIL AGENDA CITY COUNCIL CHAMBER ROOM 315 CITY AND COUNTY BUILDING 451 SOUTH STATE STREET Tuesday, September 41, 1990 6:00 p.m. A. BRIEFING SESSION: 5:00 - 5:55 p.m. , Room 325 City and County Building, 451 South State 1 . Report of the Executive Director. 2. The Council will select a representative to the Salt Lake City Tomorrow Program Steering Committee. B. OPENING CEREMONIES: 1 . Invocation. 2. Pledge of Allegiance. 3. Approval of the minutes. 4. The Council will consider adopting a resolution concerning the proposed elimination of the sales tax on food. C. COMMENTS: 1 . Questions to the Mayor from the City Council. 2. Citizen Comments to the Council. D. CONSENT: 1 . Alley Vacation Petition #400-810-90 / William and Penny Davis Set date to hold a hearing on September 11, 1990 at 6:30 to receive public comment and consider adopting an ordinance vacating an alley between Parkway Avenue and I-80 at about 875 East pursuant to Petition #400-810-90. (P 90-314) Staff recommendation: Set date. 2. Resolution Re: Interlocal Agreement / Salt Lake County Consider adopting a resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City Corporation and Salt Lake County to allow conveyance of and improvements to City property located in the County. (C 90-488) Staff recommendation: Adopt. 3. Resolution Re : Interlocal Agreement / U.S. Secret Service Consider adopting a resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City Corporation and the Department of the Treasury, United States Secret Service, allowing their use of the Airport firing range . (C 90-489) Staff recommendation: Adopt. 4. Ordinance Amendment : Theater and Arena Parking Set date to hold a hearing on September 18, 1990 at 6:30 p.m. to receive public comment and consider adopting an ordinance amending Section 21 .84.030(H) concerning parking for theaters and arenas pursuant to Petition #400-833-90. (P 90-315) Staff recommendation: Set date. E. NEW BUSINESS: F. UNFINISHED BUSINESS G. PUBLIC HEARINGS: 6:00 p.m. 1 . TEFRA: Western Fiberglass I.R.B. Receive public comment and consider adopting a resolution providing for the financing by Salt Lake City of the acquisition of equipment and plant facilities and related improvements for a fiberglass insulation and related products manufacturing facility to be located in Salt Lake City in order that Western Fiberglass, Inc. may be provided with facilities to promote the general welfare and encourage the increase of industry and commerce ; authorizing and providing for the issuance by Salt Lake City of its $ 2,000,000 Industrial Development Revenue Bonds, Series 1990 (Western Fiberglass, Inc. Project) which will be payable solely from the revenues arising from the pledge of a loan agreement with Western Fiberglass, Inc, ; authorizing the execution and deliver of a loan agreement between Salt Lake City and Western Fiberglass; providing for financing the acquisition of said project ; authorizing the execution and delivery of an indenture of trust and related documents; confirming the sale of said bonds to the purchaser thereof; authorizing the publication of a notice of bonds to be issued; and related matters. (Q 90-6) Staff recommendation: Close hearing. 6:20 p.m. 2. Ordinance: Rezoning Petition #400-797-90 / F. Weixler Company Receive public comment and consider adopting an ordinance rezoning the property located at 917 South West Temple from a "C-1" to a "C-3" classification, pursuant to Petition #400-797-90. (P 90-247) Staff recommendation: Close hearing and adopt . 6:30 p.m. 3. Ordinance: Conditional Use Petition #400-777-90 Receive public comment and consider adopting an ordinance amending Section 21 .38.060.B, by adding a new Subsection 8, dealing with nonprofit tutorial educational facilities, pursuant to Petition #400-777-90. (P 90-249) Staff recommendation: Close hearing and adopt. 6:40 p.m. 4. Street Vacation Petition #400-612-88 Receive public comment and consider adopting an ordinance vacating Gordon Place between Main and State Streets, pursuant to Petition #400-612-88, subject to certain conditions (P 90-283) Staff recommendation: Close hearing and adopt. 6:50 p.m. 5. Ordinance: Apron Use Fees Receive public comment and consider adopting an ordinance enacting Section 16. 12. 155 of the Salt Lake City Code relating to apron use fees. (0 90-37) Staff recommendation: Close hearing and adopt. H. ADJOURNMENT. " FINAL ACTION MAY BE TAKEN AND/OR ORDINANCES ADOPTED CONCERNING ANY ITEM ON THIS AGENDA. DATED: August 31 , 1990 BY: C T R DER STATE OF UTAH COUNTY OF SALT LAKE ) ss. On the 31st day of August, 1990 I personally delivered a copy of the foregoing notice to the Mayor and City Council and posted copies of the same in conspicuous view, at the following times and locations within the City and County Building, 451 South State Street , Salt Lake City, Utah: 1 . At 5:00 p.m. in the City Recorder's Office, Room 415; and 2. At 5:00 p.m. in the Newsroom, Room 343. TY RECORDER Subscr' ed and sworn to before me this 31st day of August, 1990. Notary Pu esiding in the State of Ut HMROm HT BARBA k 45/so.3te's St 415 ' Salt L E1ae City,,Utah 841421 My Commission 5_7'rns k_rust 1,1993 APPROVAL: E ECU IVE DIRECTOR PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY UTAH TUESDAY, AUGUST 14, 1990 The City Council of Salt Lake City, Utah, met as the Committee of the Whole on Tuesday, August 14, 1990, at 5:00 p.m. in Room 325, City Council Office, City County Building, 451 South State Street. The Following Council Members were present: Ronald Whitehead Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Don Hale Nancy Pace Council Chair Hardman presided at the meeting. Councilmember Hardman called Ms. Gust-Jenson reviewed the the meeting to order at 5: 10 p.m. evening' s agenda, noting inquiries received concerning the resolution for the Fellowship Hall. A citi- PUBLIC UTILITIES ADVISORY COMMIT- zen group had expressed an inter- TEE CANDIDATE INTERVIEW est in maintaining the property for a day center or day-care Elliot Christensen was inter- center for the homeless. She viewed to be considered for ap- indicated Ms. Sandra Hutchinson pointment to the Public Utilities would be present to address the Advisory Committee. Mr. Council on behalf of an organiza- Christensen said he was a Salt tion called HOPE. She said Lee Lake area native, and a graduate King, Capital Planning, would be of the University of Utah. He present during the meeting if said his area of expertise was in there was questions arose. land planning and land management and he had extensive contact and She said the updated ordinance dealings with the water companies. regarding the David Thomas alley He said he felt this experience vacation was a result of a useful, and was aware of the previous hearing and was presented commitment necessary to serve on with the changes the Council had the committee. requested. EXECUTIVE DIRECTOR'S REPORT She said the CDBG item was to move monies already appropriated. Ms. Gust-Jenson said Janne Nielson, Administrative Assistant The meeting adjourned at 5:45 to the Council, would talk with p.m. the Council concerning the Utah League of Cities and Towns Annual Convention. Ms. Nielson distrib- uted copies of the conference brochure and explained the regis- tration inclusions. She asked the Council for their response con- cerning attendance prior to the end of the Council 's meeting, so the Council could take advantage of the discounted registration fees. 90-281 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY UTAH TUESDAY, AUGUST 14, 1990 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, August 14, 1990, at 6:00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State Street. The Following Council Members were present: Ronald Whitehead Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Don Hale Nancy Pace Mayor Palmer DePaulis, Roger Cutler, City Attorney, Kathryn Marshall, City Recorder, and Misty Jo Zemp, Recorder Clerk, were present. Council Chair Hardman presided at the meeting and Councilmember Pace conducted the meeting. OPENING CEREMONIES motion carried, all members voted aye. #1. Police Chaplain Gilbert Farnsworth gave the invocation. Max Peterson, City Engineer, said the engineering division was #2. The Council led the Pledge appreciative of Mountain Fuel for of Allegiance, the mapping system. #3. Councilmember Godfrey Mr. Zobell and Mr. Jibson, moved and Councilmember Whitehead said they appreciated the seconded to approves-the minutes of cooperation that the City had the Salt Lake City Council for the given them in making this regular meetings held Tuesday, presentation possible. They August 7, 1990, and Thursday thanked Max Peterson and the August 9, 1990, which motion car- engineering division staff. ried, all members voted aye. (R 90-1) (M 90-1) #5. The Mayor and Council #4. The Mayor and Council presented A resolution of recogni- presented A resolution of appreci- tion to Mrs. Bernice Cook. ation to Mountain Fuel Supply Councilmember Horrocks read the Company. Randy Zobell, Manager of resolution in recognition of Salt Lake North Center, and Ron Bernince Cook for the significant Jibson, Salt Lake North Center and important contributions she Engineer, accepted the resolution had made to Salt Lake City, its for Mountain Fuel . Councilmember boards, and neighborhood organiza- Hale read the resolution, recog- tions over the years. nizing Mountain Fuel for the creation of a computer based Councilmember Godfrey moved Geographic Information System, and and Councilmember Kirk seconded the development of a state wide to adopt Resolution 90 1990, which Computer Mapping System. motion carried, all members voted aye. Councilmember Godfrey moved and Councilmember Kirk seconded Councilmember Horrocks pre- to adopt Resolution 89 1990, which sented Mrs. Cook with a plaque 90-282 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY UTAH TUESDAY, AUGUST 14, 1990 and thanked her for her involve- should be built on the property, ment with the City. and said the residents of (R 90-1) Richards Street would like to keep it a residential area. COMMENTS Ms. Hutchinson said she felt #1. Sandra Hutchinson, Home- the ideas planned for the homeless less Foundation and Homeless children would not affect the Children Foundation, said she had residents of Richards Street. received an updated CDBG announcement regarding the sale of Councilmember Horrocks said he the Fellowship Foundation Building had been working with the problems to a private non profit of this building and its occupan- corporation that wanted to build a cy for over two years. He said he single family home for a low to felt Richards Street was not the middle income family. She said place to put a building for the if the Council would consider more homeless children. He said he options, the building could be felt there was a need to find used for several low to middle another location for the homeless, income families. She said she and he would do whatever was would like to see the agreement possible to find another building. signed for the funding for the Fellowship Building. Ms. Hutchinson requested help from the City Council to find Councilmember Pace asked Ms. another location for the homeless Hutchinson if she had met with the building. Councilmember Godfrey neighbors of Richards Street, and asked the Mayor if it was if she had presented them with a possible to find another location proposal. and facility for the homeless children. Ms. Hutchinson said she had not met with the residents of Mayor DePaulis said he would Richards Street due to a lack of be glad to find another location communication with the City on and building for the Homeless getting notices in a timely man- Foundation. He said he would like ner. She said she would talk to to meet with the Homeless the residents of Richards Street Foundation and discuss the to see how they felt about having situation. He said he felt a building for the homeless in the Richards Street was not the proper area. location. Councilmember Whitehead said Councilmember Pace said the Richards Street was predominantly Council was not trying to housing, and a home should be discourage what The Homeless built on the property in place of Foundation was doing, they just the building. He said he felt the did not agree Richards Street was residents of Richards Street would the proper location. agree. Terry Anderson, Co-Chairman of Councilmember Godfrey, said he the Fellowship Foundation, said he was concerned with the traffic was in favor of the homeless problems on Richards Street project. He said he agreed with because it was a residential closing the Fellowship Building. street. He said he felt a home 90-283 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY UTAH TUESDAY, AUGUST 14, 1990 CONSENT AGENDA #6. RE: Setting a date to hold a non advertised hearing on Councilmember Godfrey moved September 4, 1990, at 6:40 p.m. to and Councilmember Horrocks second- receive public comment and ed to approve the consent agenda, consider adopting an ordinance which motion carried, all members vacating Gordon Place between Main voted aye. and State Streets, pursuant to Petition #400-612-88, subject to #1. RE: Adopting Resolution certain conditions. 86 of 1990 authorizing the execu- (P 90-283 ) tion of an interlocal cooperation agreement between Salt Lake City #7. RE: Setting a date to and Sandy City Corporation to hold a hearing on September 18, clarify responsibilities for 1990, at 6:20 p.m. to receive construction, payments, and re- public comment and consider adopt- views of the Parley's Water Treat- ing an ordinance adopting the East ment Plant. Downtown Master Plan. (C 89-670) (T 90-25) #2. RE: Adopting Ordinance #8. RE: Approving the ap- 70 of 1990 granting right to pointment of Elliot Christensen to construct and operate a cable to the Public Utilities Advisory MCI Telecommunications Corporation Committee. (0 90-36) (I 90-1) #3. RE: Adopting Ordinance UNFINISHED COUNCIL BUSINESS 71 of 1990 amending Title 12, Chapter 44, Section 220 of the #1. RE: Consider adopting an Salt Lake City Cod2, relating to updated ordinance vacating a approaching emergency vehicle-- portion of an east-west alley vehicle and pedestrian duties. between K and L Streets, and llth (0 90-38 ) and 12th Avenues pursuant to Petition 400-764-89 #4. RE: Adopting Resolution 87 of 1990 authorizing the execu- ACTION: Councilmember Kirk tion of an interlocal cooperation moved and Councilmember Whitehead agreement between Salt Lake City seconded to adopt Ordinance 72 of Corporation and Salt Lake County 1990, which motion carried, all to purchase the Fellowship Founda- members voted aye. tion Building at 1380 Richards (P 90-85) Street. (C 90-442) #2. RE: Consider adopting a motion to set a date to hold a #5. RE: Adopting Resolu- hearing on September 4, 1990, at tion 88 of 1990 authorizing the 6:00 p.m. to receive public com- execution of an interlocal cooper- ment concerning $2,000,000 in ation agreement between Salt Lake Industrial Revenue Bonds for City Corporation, and the Utah capital expansion of Western Department Of Transportation to Fiberglass within the Salt Lake make improvements to the park and City Limits. ride lot at 10th North and I-15, and for the transfer of title and ACTION: Councilmember Godfrey maintenance to the City. moved and Councilmember Hale (C 90-440) seconded to set the date to hold 90-284 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY UTAH TUESDAY, AUGUST 14, 1990 the hearing, which motion carried, Warner and Mr. Dale Casady. When all members voted aye. completed all the frontage (Q 90-6) property on Jefferson Street would be owned by Warner Enterprise. He #3. RE: Consider adopting a said there was one parcel of land motion approving amendments to the not presently owned by Bart Warner Community Development Block Grant and he had proposed to do a land Program. exchange that would be beneficial to both property owners. ACTION: Councilmember Godfrey moved and Councilmember Horrocks Mr. Wright said the Planning seconded to adopt the motion, Commission had this item on their which motion carried, all members agenda August 2, 1990, and voted aye, except Councilmember recommended that the Council close Hardman who voted nay. this portion of Jefferson Street (T 90-24) and sell the property at fair market value. He said the planning PUBLIC HEARINGS staff recommended payment be made in the form of cash or a capital #1. RE: A hearing at 6:20 improvement located in Block 14 p.m. to receive public comment and or 15. The staff and the consider adopting an ordinance Commission found this to be closing a portion of Jefferson consistent with the planning Street between 700 and 800 South. policies contained in the Master Plan and specifically the West ACTION: Councilmember Godfrey Temple Gateway Redevelopment Plan, moved and Councilmember Hardman which was adopted by the seconded to close the public Redevelopment Board of Directors hearing, which motion carried, all and the City Planning Commission. members voted aye. Developments in this portion of Jefferson Street would solve some Councilmember Godfrey moved interior land use problems. He and Councilmember Horrocks said the Planning Commission and seconded to adopt Ordinance 73 of the planning staff recommended 1990, which motion carried, all that the Council adopt the members voted aye. ordinance, with a provision that the land trade agreement be DISCUSSION: Bill Wright, finalized prior to the ordinance Planning and Zoning Department, being enacted. said the petition submitted by Bart Warner, president of Rick Councilmember Hardman asked if Warner Ford, requested the City to it was normal to involve the city close and sell a portion of property manger in the appraisal Jefferson Street, approximately process in the sale of property. 2, 800 square feet located in the interior portion of the block Mr. Wright said the city had a between 700 and 800 South and West policy regarding the sale of Temple and 200 West Street. He property whether it was a street, said these properties were alley, or parcel of land that the presently owned by Warner City owned. Two appraisals were Enterprise, with one exception. He received under contract by the said three other homes on the city to determine the value of the corner of 2nd West were being property. He said many times the proposed in a trade between Bart party purchasing the property 90-285 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY UTAH TUESDAY, AUGUST 14, 1990 would have other appraisals done Doctor Steve Lacey, 820 to compare with the appraisals Jefferson, asked what Rick Warner from the City. He said the City's would do with their old property. Real Property Manager would then He said he was in favor of seeing give a recommendation to the the property improved. Purchasing Agent and Mayor. Mr. Warner said the old Bart Warner, petitioner, said dealership had been sold and was he purchased the Ford dealership no longer under their control. from his family. He said he also Councilmember Godfrey asked Mr. bought additional property which Warner if he knew who the new the previous owner did not want. owner was. Mr. Warner said the He said he wanted to clean up the new property owner was Earl block, and make the property Holding. usable. Maria Lorman, 766 Jefferson, Bernice Cook, People Freeway said in order for her family to Community Council, asked if the buy another home they were going City had title insurance, and if to need a fair trade for the the title insurance was checked property. before the sale of the property. Councilmember Pace said this Bill Wright said the portion was a separate issue and Mrs. on the south was an extension of Lorman would have to discuss the the facility, and would be situation with Mr. Warner. incorporated into his dealership. Councilmember Pace said title Doctor Lacey asked if Mr. insurance did not apply to the Warner was going to leave a big situation. • mound of dirt on the road during construction. Plato Kannel, owner of Kannel ' s Furniture, said he was Councilmember Pace said she still an owner of the property. He could not address the issue. It had no objection and said he was was an enforcement issue and glad they were improving the area. Doctor Lacey should address this issue if it occurred. Jim Goins, 768 Jefferson (P 90-282) Street, owner of a house at 154 West 800 South, asked why Rick The meeting adjourned at 7:05 Warner didn't purchase the two p.m. remaining homes at 768 Jefferson Street and 766 Jefferson Street. Councilmember Pace said this COUNCIL CHAIR was a separate issue and he should negotiate this with Mr. Warner at another time. CITY RECORDER Marion Willy, 237 West Montros, supported improvements in the area and said he was in favor of the ordinance. 90-286 • 1444 A RESOLUTION OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH WHEREAS, the removal of the sales tax on food would reduce Salt Lake City's revenues by over $1 .7 million a year; and WHEREAS, Salt Lake City has been forced to cut services over the past few years while revenues have declined ; and WHEREAS, the City would not be able to cut services further without significantly impairing essential City services and would be forced to raise property taxes to replace the lost revenues ; and WHEREAS, raising property taxes to offset the lost sales tax revenues would result in a tax shift rather than a tax cut ; and WHEREAS, Salt Lake City this year increased its property taxes by almost $2 million to fund the hiring of 46 desperately needed police officers ; and WHEREAS, it is very difficult to predict if the State Legislature will direct replacement revenues to the cities if the sales tax on food is removed; and WHEREAS, franchise tax revenues continue to decline and the resolution of the AMAX tax case may reduce City revenues by another a year; and WHEREAS, it is vitally important that City residents, before they vote in November, have a clear understanding of the impact to the City's budget so they can make an informed decision. NOW, THEREFORE BE IT RESOLVED BY the Council that we do hereby firmly oppose the ballot initiative to remove the sales tax on food. Dated this 4th day of September, 1990. Alan G. Hardman, Council Chair Ronald J. Whitehead L. Wayne Horrocks Nancy K. Pace Tom Godfrey Roselyn N. Kirk Don C. Hale A RESOLUTION OF cfitt THE CITY COUNCIL OF SALT LAKE CITY, UTAH WHEREAS, the sales tax on food is a regressive tax which disproportionately punishes lower income people who like everyone else must purchase food; and WHEREAS, the State Legislature should direct budget surpluses to cover the revenues the State and local governments will lose if the sales tax on food is removed; and WHEREAS, for the past two years wealthy Utahns have received an income tax cut, • WHEREAS, the removal of the sales tax on food will make the Utah State Tax code fairer for lower income people. NOW, THEREFORE 'BE IT RESOLVED BY the Council we do hereby firmly support the ballot initiative to remove the sales tax on food and urge other local governments and their citizens to support the initiative as well. Dated this 4th day of September; 1990. Alan G. Hardman, Council Chair Ronald J. Whitehead L. Wayne Horrocks Nancy K. Pace Tom Godfrey Roselyn N. Kirk Don C. Hale 1 )1 MIKE ZUHL r 13T. Yr 0,ORPO IO LEE KING INTERIM DIRECTOR DEPUTY DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 418 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 TO: Salt Lake City Council August 2, 1990 Re: Petition No. 400-810-90 submitted by William Gene and Penny Davis Recommendation: That the City Council hold a non-advertised public hearing on September 11, 1990 at 6:30 p.m. to discuss Petition No. 400-810-90 submitted by William Gene and Penny Davis. The petitioners are requesting Salt Lake City to vacate an alley located between Parkway Avenue and I-80 at about 875 East Street. Availability of Funds: Not applicable. Discussion and Background: The alley is 13 feet wide and is presently maintained as lawn. All abutting property owners have signed the petition in favor of vacating the alley. The appi ,priate City Departments have reviewed and recommended approval of this petition. Legislative Action: The City Attorney's Office has prepared and approved the necessary ordinance and it is ready for your action. Submitted by: MICHAEL B. Z Interim Director SALT LAKE CITY ORDINANCE No. of 1990 (Vacating an alley between Parkway Avenue and I-80 at about 875 East pursuant to Petition No . 400-810-90 ) AN ORDINANCE VACATING AN ALLEY BETWEEN PARKWAY AVENUE AND I-80 AT ABOUT 875 EAST, PURSUANT TO PETITION NO. 400-810-90 . WHE._iAS, the City Council of Salt Lake City, Utah, finds after public hearing that the City' s interest in the public alley described below is not necessary for use by the public as an alley and that closure of said alley will not be adverse to the general public' s interest . NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That a portion of the alley between Parkway and I-80 at about 875 East which is the subject of Petition No . 400-810-90 and which is more particularly described below, be, and the same hereby is, VACATED and declared no longer to be needed or available for use as a public alley. Said alley is more particularly described as follows : Beginning at a point being the southwest corner of qo Lot 7 of Country Club Place Subdivision; thence west 30' 13 feet, more or less, to the southeast corner of Lot 8 of said subdivision; thence north 195 feet, more or less , to Interstate no access line; thence East 13 feet, more or less , and thence south 195 feet, more or less, to the point of beginning. SECTION 2 . RESERVATIONS AND DISCLAIMERS . The above vacation is expressly made SUBJECT TO all existing rights-of-way and easements of all public utilities of any and every description now located on and under or over the confines of the property and also SUBJECT TO the rights of entry thereon for the purposes of maintaining, altering, repairing, removing or rerouting said utilities, including the City' s water and sewer facilities, and all of them. Said vacation is also SUBJECT TO any existing rights-of-way or easements of private third parties . SECTION 3 . EFFECTIVE DATE. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . CHAIRPERSON ATTEST: 7 CITY RECORDER ,/' Transmitted to the Mayor on Mayor' s action: Approved Vetoed . MAYOR ATTEST: CITY RECORDER -2- (SEAL) BILL NO. OF 1990 Published: . BRB.rc -3- ALLEN C. JOHNSON, AICP AL -:. �a_y egir GO KI elOyli� PALMER DEPAULIS PLANNING DIRECTOR MAYOR COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DIVISION 451 SOUTH STATE STREET ROOM 406, CITY AND COUNTY BUILDING SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7757 July 16, 1990 Mr. Michael Zuhl, Interim Director Community and Economic Development Room 218, City/County Bldg. Salt Lake City, UT 84111 Re: Transmittal of Petition 400-810 by Gene Davis Dear Mike: This pcLition request is to vacate a north-south running alley located from Parkway Avenue and dead ends at the Interstate 80 no access line. This 13 foot wide alley is located approximately 125 ' west of 900 East Street. The alleyway is presently maintained as lawn. All abutting property owners have signed the petition request. The Engineering, Public Utilities, Transportation, Property Management and Planning divisions have reviewed the petition request by Mr. Davis and recommend the alley be vacated. If you have any questions please contact myself or Everett L. Joyce. Since ely, All n C. J nson, AICP Plan ' irector ACJ: elj Attachment Attachment for July 6, 1990 transmittal letter to Michael Zuhl for Petition No. 400-810 by Mr . Gene Davis. Legal Description for alley vacation Beginning at a point being the southwest corner of Lot 7 of Country Club Place Subdivision thence west 13 + feet to the southeast corner of Lot 8 of said subdivision; thence north 195 + feet to Interstate no access line; thence east 13 + feet and thence south 195 + feet to the point of beginning. SAL ' � CITY OORATALNI FINANCE DEPARTMENT LINDA HAMILTON Purchasing and Property Management Division PALMER DEPAULIS DIRECTOR OF FINANCE 451 SOUTH STATE STREET MAYOR ROOM 345 SALT LAKE CITY, UTAH 84111 PROPERTY (801) 535-7133 June 27, 1990 TO: Everett L. Joyce Planner FROM: Linda Cordova Property Manager REF: PF'L'ITION NO. 400-810, DAVIS REQUEST TO VACATE ALLEY AT 865 PARKWAY. Property Management has no objections to the alley vacation. Since the alley is being conveyed to one property owner, my recommendation is that ownership be conveyed by Quit Claim Deed once the ordinance has been processed. Please let our office know and we will prepare the deed. Thank you. LC/mt Joyce.Davis.vacatealley LEROY W. HOOI ON, JR. DIRECTOR !� I�y�p Y 1pY���1 R T �7s WEN DELL E. EVENSEN, P.E. �� ' �A� �s'G I aY Y� �,141 �� �ORATIONE SUPERINTENDENT � V� �1 1 lJa mil\LZl1147 WATER SUPPLY&WATERWORKS E. TIM DOXEY DEPARTMENT OF PUBLIC UTILITIES SUPERINTENDENT Water Supply & WaterworksWATER RECLAMATION PALMER DEPAULIS Water Reclamation MAYOR JAMES M. LEWIS, C.P.A. CHIEFFINANCEB 1530 SOUTH WEST TEMPLE ACCOUNTING OFFICER SALT LAKE CITY, UTAH 84115 GEORGE JORGENSEN, P.E. CHIEF ENGINEER TO: EVERETT L. JOYCE PLANNING & ZONING FROM: E. T. DOXEY WATER RECLAMATION SOPERIN NDENT DATE: JUNE 22, 1990 SUBJECT: PETITION NO. 400-810 - DAVIS REQUEST TO VACATE ALLEYWAY The Public Utilities Department has reviewed the above noted petition and has no objections to the Petitioner' s request. There are no water or sewer conflicts. If you have further questions regarding this matter, please feel free to call Mr. Ray Eastman at 483-6787. /kg FORMS cc: File n t A n SALT' i � IX 1`® Di�e N IfONJ JOSEPH R. ANDEF. czna „ TIMOTHY P. HARPST, P E PUBLIC WORKS DIRECTOR CITY TRANSPORTATION ENGINEER TRANSPORTATION ENGINEERING 333 SOUTH 200 EAST, SUITE 201 SALT LAKE CITY, UTAH 84111 TELEPHONE (801) 535-6630 June 22, 1990 Everett Joyce Planning Division Room 406 - City Hall Re: Petition No. 400-810 - Davis Request to Vacate Alleyway Dear Everett: The Division of Transportation recommends approval of the alleyway vacation, located approximately 125 feet west of 900 East between Parkway Avenue and Interstate 80, subject to all utilities and utility easements remaining as required and approved by the entities concerned . Sincerely, 4,94,74- 11/a-a - Scott Vaterlaus Traffic Engineer I SRV/sc cc: Barry Walsh File PALMER DEPAULIS SALT@ 7 ;q ,'V ?Y( C ORpO °) tl 4I 3` MAX G. PETERSON, P.E. MAYOR n � J _�e.� 3v7.� :3 cd.�3. -�C -3 CITY ENGINEER DEPARTMENT OF PUBLIC WORKS City Engineering Division 444 SOUTH STATE STREET SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7871 TO: EVERETT JOYCE - PLANNING FROM: HARRY EWING - ENGINEERING " DATE: JUNE 29 , 1990 SUBJECT: PETITION NO. 400-810 , DAVIS ALLEY VACATION This Department has reviewed Petition No. 400-810 requesting the City vacate an alley running north from Parkway Avenue at approximately 865 East Street. Our findings show this alley to be approximately 195 feet long by 13 feet wide; dead ending at the Interstate 80 N.A. line. The alley is non-functional as a public right-of-way. The use of the alley could best be served in the hands of the property owners; therefore, we recommend approval of this petition. HE: am cc : Vault .1-,,f;•,,etA., , , . , -.;-":.:--,_,......--, -, .-th•-i- -.- .„ I . k ,, ..-4.,,. ...... -4-.. tjd 'k#.4 4) :44Nril * 'It' ... 44- ...- ..X.=,, -,-..„. 1'*•—,. .-Z„;:- It.., s t( -..ez , . 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'CO. c4.3 L. • ' r -?..je r,,,..sie-,,".r., ' I * '4 ''• "•:''.'7.',..,t4"4"•,,,,...: 4 . i • "ar ,,„', •,. . -,.Fir' .- ft.; - „ „.,#.. :.',,. , , t , i ''' •,,,, ,.. ,4--.4.th,,,x44 4-, .-.1,41 4 i i 1 t.':4 •...17 '''..;f11: ''''.'... rrhZ.,' '...Z. tap..n. , ,... -, ' ..'''',•,.4•Al- N -le..F.I':::: ,..,,,,"v,;..s.•.; ....'-'. .'..'ar, ' . A/1'',.. • ..'"',...f, .'r ,41.', ..!, '6'L + , 14166 ''''''It ' Salt Lake Cit.-/ 451 South state t . Salt Lake C . LiLLay. O411 ' Na.->, 1 , 1790 Dea:- We the indensigned land abuttinFi the alley way ( locatd at appnoxiFi.ael.y !a77 Easi: F2r-l<Nay Avenue and immediatel thi, property located on 900 East ) i• ad c Laka C , t7 vaau the alley. We wish the owne, t.c., Le C.7.;i1 V;-;, Lena and Fenny L. Davis, whose _).),a alley via to de East of their prc:pe ata tha ar.; easements that Eur.r.eOly wil 7,-Jch property. . .0,1 P " j „4- 4n r :) Owners of 7772 Loath 700 D,.st / Aar- i'=") OrLhrd Ownera prmpar orotad at 2722 Loath 700 East Owners of c -6pe- - at 2:77. 3o,,th 900 East --Wm. Gene Dvis , . Penny Davia Owner 1 prcpert : locE,t,A at 0L5 EL'et PeHway Ave. 23tici, _23 6J4/ voeJte.:. . , Ans \'\ b ., LEROY W. HOOTON, JR. DIRECTOR WENDELL E. EVENSEN, P.E. ;..1-\ / 1 A` Q` ixi �%ra e I rSUPERINTENDENT ®.1®� S _,1 WATER SUPPLY F.WATERWORKS E. TIM DOXEY DEPARTMENT OF PUBLIC UTILITIES SUPERINTENDENT Water Supply & Waterworks PALMER DEPAULIS WATER RECLAMATION Water Reclamation MAYOR JAMES M. LEWIS, C.P.A. CHIEF FINANCE F. 1530 SOUTH WEST TEMPLE ACCOUNTING OFFICER SALT LAKE CITY, UTAH 84115 GEORGE JORGENSEN, P.E. CHIEF ENGINEER TO: Salt Lake City Council DATE: August 9, 1990 RE: Easement and Right of Way for Walker Lane Well Recommendation: That the Council approve the agreement and forward to the Mayor for execution on behalf of the City. Availability of Funds: Not applicable Discussion: Salt Lake City has drilled as well at Walker Lane and Highland Drive, it is necessary to install pumps and other facilities on the site. Salt Lake County is requiring Salt Lake City to convey part of the property for improving Highland Drive. Submitted by: ARO ,L W. OOTON, 07V7.- Director Department of Public Utilities LWH:ETD:kg enclosures LEROY W. HOOTON, JR. DIRECTOR WENDELL E. EVENSEN, P.E. \ i 1 S\Q y��R /�C.I�I`I�T�®`I I.,1 N1 SUPERINTENDENT '�l =Wmawen f �Vl�\�I" �l"\L llal� WATER SUPPLY&WATERWORKS E. TIM DOXEY DEPARTMENT OF PUBLIC UTILITIES SUPERINTENDENT Water Supply & Waterworks PALMER DEPAULIS WATER RECLAMATION Water Reclamation MAYOR JAMES M. LEWIS, C.P.A. CHIEF FINANCE& 1530 SOUTH WEST TEMPLE ACCOUNTING OFFICER SALT LAKE CITY, UTAH 84115 GEORGE JORGENSEN, P.E. CHIEF ENGINEER August 6, 1990 Mayor Palmer DePaulis Mayor of Salt Lake City City/County Building Room 306 Salt Lake City, Utah 84111 Re: Walker Lane Well Dear Mayor DePaulis: Please find enclosed an Easement and Right of Way agreement from Salt Lake City to Salt Lake County. This transaction is requested by Salt Lake County as a condition for a building permit at the Walker Lane Well site. I recommend that the document be executed on behalf of Salt Lake City. Sincerely, LEFt'OY W HOOTON J Director LWH:kg enclosure cc: file EASEMENT AND RIGHT OF WAY SALT LAKE CITY CORPORATION, a municipal corporation of the State of Utah, hereinafter "Grantor, " hereby quit claims to SALT LAKE COUNTY, a body politic of the State of Utah, hereinafter "Grantee" , for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, an easement and right of way for a county street upon, over, under, and across the following described land situated in Salt Lake County, State of Utah, to-wit: Beginning at a point 180. 81 feet West and 386. 54 feet South 0°31 '40" East from the Northeast Corner of Section 16, Township 2 South, Range 1 East, Salt Lake Base and Meridian, said point also being 33. 64 feet South 0°31 ' 40" East along the monument line of Highland Drive and 33.00 feet South 89°26 ' 17" East , IA` from the monument at Highland Drive and Walker Lane; v' running thence South 89°26 ' 17" East along the South Line of Walker Lane 7.00 feet; thence South 0°31 ' 40" East 164. 70 feet, thence South 32°30' West 12. 84 feet; thence North 0°31 ' 40" West 175.46 feet to the point of beginning. Contains 0.0273 acres. By acceptance or use hereof, Grantee agrees to be bound by and accepts this easement, subject to the following terms and conditions. 1 . The rights granted hereunder are non-exclusive and the premises indicated herein are subject to being used for utility or other purposes by such person the City may designate at any time. 2. Grantee shall not disturb any existing sewer, water, or other utility lines within the boundaries of the easement granted. 3. Grantee' s said facilities shall be installed as nearly as possible in the center of the described premises . 4. The Grantee will comply with all applicable City ordinances, State and County laws, in the installation, main- tenance or removal of said facilities, and, within thirty (30) days of complete installation, the Grantee will submit a complete set of "as constructed" plans and specifications to the City Engineer. 5. After installation of said facilities, Grantee will, at its sole expense, restore the surface of any land disturbed by the Grantee within said premises as nearly as possible to its original condition. If said damage is not properly repaired or restored to its original condition and Grantee fails to effect said restoration within a reasonable period of time, to be determined by the City, after receipt of written notice from the City, City may restore or have the surface and/or damage repaired at the entire expense of Grantee. 6. No supervision or advisory control, if any, exercised by City or in its behalf, shall relieve Grantee of any duty or responsibility to the general public nor relieve Grantee form any liability for loss, damage or injury to persons or property sustained by reason of the installation, maintenance or removal of the Grantee' s facilities, nor or Grantee' s liability for damage to City' s premises; and Grantee agrees to indemnify and -2- save harmless the City, its agents and employees from any and all claims, loss or expense, including attorney' s fees, that may arise out of the construction, maintenance, removal or use of said facilities by Grantee. 7. City shall have the right at such times and in such a manner as it deems necessary to carry out City purposes over, under, across and through the premises covered by this easement, and when Grantee' s facilities interfere with any City purpose, upon receipt of written notice from the City, Grantee will, as requested, remove, relocate or adjust those of its facilities designated within a reasonable time after such notice and at the entire expense of the Grantee. 8. In the event the Grantee shall fail to perform or comply with any term or condition hereof, after thirty ( 30 ) days prior written notice of such failure or noncompliance form the City, this easement may, at City' s sole option, immediately terminate and cease as though it had never been granted and the Grantee shall have a reasonable time, to be determined by the City, in which to remove its said facilities. 9. Grantee shall not assign any of its rights hereunder without the prior written consent of the City. 10. In the event the Grantee ceases to use any of the premises for the purposes herein described for a period of more than one ( 1 ) calendar year, then this easement shall cease and terminate, and Grantee will, upon the City' s written request, remove all remaining facilities at Grantee' s sole expense. -3- WITNESS the hand of the Grantor, this day of , 1990. SALT LAKE CITY CORPORATION By MAYOR ATTEST: CITY RECORDER STATE OF UTAH ) . ss. County of Salt Lake ) On , personally appeared before me PALMER A. DEPAULIS and KATHRYN MARSHALL, who, being by me duly sworn, did say that they are the MAYOR and CITY RECORDER, respectively, of SALT LAKE CITY CORPORATION, a municipal corporation of the State of Utah, and said persons acknowledged to me that said corporation executed the same. NOTARY PUBLIC, residing in Salt Lake County, Utah My Commission Expires: RLM:rc -4- S' ; fie C e� a,,ps G�T1Y1(/ �OT �D'° eI.�O ( ROGER F. CUTLER ��d TIY -.S v�.`.� ASSISTANT ATTORNEYS CITY ATTORNEY RAY L. MONTGOMERY STEVEN W. ALLRED LAW DEPARTMENT GREG R. HAWKINS DEPUTY CITY ATTORNEY CITY AND COUNTY BUILDING LARRY V. SPENDLOVE R. BAIRDDVE CHERYL D. LUKE 451 SOUTH STATE STREET, ROOM 505 FRANK M. NAKAMURA CITY PROSECUTOR SALT LAKE CITY, UTAH 84111 ASSISTANT PROSECUTORS TELEPHONE (801) 535-7788 CECELIA M. ESPENOZA GLEN A. COOK FAX (801) 535-7640 JANICE L. FROST MARSHA ATKIN June 27, 1990 Honorable Board of County Commissioners 2001 South State Street, #N2100 Salt Lake City, Utah 84190-1000 ATTN: Commissioner Tom Shimizu Re: Reactivated Well - PL-88-2080 5455 South Highland Drive Action Requested: Waiver of Guaranty Bond ( $17, 899 .75 ) Gentlemen: Salt Lake City Corporation, a municipal corporation of the State of Utah, hereby guarantees installation, within one year from the date of this letter, the following described improve- ments required under Conditional Use Permit PL-88-2080 approved by the Salt Lake County Planning Commission to reactivate a well located at approximately 5455 South Highland Drive. 1 EA Modified No. 6930 Catch Basin 290 LF Curb, Gutter & Sidewalk 113 LF 1/2 of 66 ' Road As per approved site 177 LF 1/2 of 80 ' Road plan for Conditional 1 EA Concrete Apron use Permit Number 44 LF 18" RCP PL-88-2080 All improvements shall be completed to County specifica- tions including replacement of any damage to said improvements that may occur during construction. This Letter of Guarantee is Board of County Commissioners June 27, 1990 Page -2- furnished in consideration of the waiver by Salt Lake County of a performance bond in the amount of $17, 899 . 75 to guarantee installation of the above described improvements. SALT LAKE CITY CORPORATION By MAYOR PALMER A. DEPAULIS STATE OF UTAH ) ss. County of Salt Lake ) On , personally appeared before me PALMER A. DEPAULIS and KATHRYN MARSHALL, who, being by me duly sworn, did say that they are the MAYOR and CITY RECORDER, respectively, of SALT LAKE CITY CORPORATION, a municipal corporation of the State of Utah, and said persons acknowledged to me that said corporation executed the same. NOTARY PUBLIC, residing in Salt Lake County, Utah My Commission Expires: RLM:rc RESOLUTION NO. OF 1990 AUTHORIZING THE APPROVAL OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND SALT LAKE COUNTY WHEREAS, Title 11, Chapter 13, U.C.A. , 1953, as amended, allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purposes; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1. It does hereby approve the form and substance of the attached agreement as follows: An agreement to provide improvements to certain city property in the county, and conveyance of property to the county before a building permit will be issued by the county. 2. Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is hereby authorized to approve said agreement on behalf of Salt Lake City Corporation, subject to any minor changes which do not materially affect the rights and obligations of the City thereunder. Passed by the City Council of Salt Lake City, Utah, this day of , 1990. SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: CITY RECORDER r BOARD Patrick A. Shea, Chair • 1 >'a4 Et A. .J'i' t'i_L3, Mayor Curtis E.Ackerlind, Jr. 0 Dr,::A. Macke, 0 Eddie P.Mayne = l.• H ;,_ s:i ?%t:_.i_c_ Y Joseph Rosenblatt » Eau e H.Weis a Thomas K.Welch �q y. Ofr;iri octs 0� - n / August 17, 1990 Mr. Alan Hardman, Chairman and the Salt Lake City Council Salt Lake City Council Office 451 South State Street City & County Building Salt Lake City, Utah 84111 Dear Chairman Hardman and Council Members: Subject: Interlocal Agreement for use of the firing range at Salt Lake City International between Salt Lake City Corporaton and the Department of the Treasury, United States Secret Service. Fiscal Impact: None. Discussion: City will allow the Department of the Treasury to use the Airport firing range in accordance with Airport Authority rules and regulations for such use, for a period of three (3) years. In consideration for such use, the Department of the Treasury agrees to indemnify City against any and all losses, damages, claims, liabilities, and causes of action of every kind or character, as well as costs, including attorney's fees, connected therewith and the expenses of investigation thereof, based upon or arising out of their certified personnel ' s use of the firing range. Recommendation: It is therefore respectfully requested that you approve an interlocal agreement for use of the firing range by the Department of the Treasury United States Secret Service personnel. Respectfully, J:9 L.,,,,,Louls E. Miller Enclosures cc: Jackie Faddis Sail " City :Dori r. 22084. Salt .;3!I 7., -y , INTERLOCAL AGREEMENT FOR USE OF FIRING RANGE AUG 1 ,.,; '90 AT SALT LAKE CITY INTERNATIONAL AIRPORT THIS AGREEMENT is made and entered into as of 1990, by and between SALT LAKE CITY CORPORATION, a municipal corporation of the State of Utah, hereinafter "City, " and DEPARTMENT OF THE TREASURY, UNITED STATES SECRET SERVICE, herinafer "Permittee" . WITNESSETH WHEREAS, City owns and through its Airport Authority operates Salt Lake City International Airport, hereinafter "Airport, " ; and WHEREAS, the City has constructed and through its Airport Authority is operating a firing range at Airport; and WHEREAS, Permittee desires to obtain the use of said firing range for its police or other certified peace officers. NOW, THEREFORE, in consideration of the premises, the parties agree as follows: 1. City agrees to allow Permittee' s police to utilize the City' s airport firing range in accordance with rules and regulations as established by the Airport Authority and upon a schedule for such fees as may be set and determined by the City' s Director of Airports. 2. In consideration for such use, Permittee agrees to indemnify, save harmless and defend the City, its officers, agents and employees from and against any and all losses, damages, claims, liabilities, and causes of action of every kind or character as well as all costs, including attorney' s fees , connected therewith and the expenses of investigation thereof, based upon or arising out of Permittee' s police or other certified peace officers ' use of said firing range. 3. The term of this Agreement shall be for a period of three (3) years. However, either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. 4. This Agreement cannot be assigned by Permittee without the prior written consent of City. 5. This Agreement constitutes the entire agreement between the parties pertinent to the Permittee's use of the City's firing range at the Airport, and it cannot be amended or altered except through a written instrument which is signed by both parties. IN WITNESS WHEREOF, the parties have signed this Agreement to be effective as of the day and year first above written. SALT LAKE CITY CORPORATION BY ATTEST: MAYOR CITY RECORDER DEPARTMEN OF TREASURY, SECRET SERVICE ti BY ITS Special Agent arge A STATE OF UTAH ) . ss. County of Salt Lake) On the day of , 1990, personally appeared before me PALMER A. DEPAULIS and KATHRYN MARSHALL, the signers of the foregoing instrument, who being by me duly sworn, did say that they are the Mayor and City Recorder, respectively, of SALT LAKE CITY CORPORATION, a municipal corporation of the State of Utah, and said persons acknowledged to me that . said corporation executed the same. NOTARY PUBLIC, residing in My Commission Expires: Salt Lake County, Utah STATE OF UTAH ) :ss County of Salt Lake ) On the \ 11\ day of L S4 , 1990, personally appeared before me \A —25OJ , who being by me duly sworn, did say the s/he is the iii. C ., of tS� gC a Department of the United States Government, and that the foregoing instrument was signed by him/her in behalf of said corporation; and said persons acknowledged to me that said cor oratio execut d the same. NO RY PUBLIC, r siding in My Commission Expires: (% a rim C_i i .. Et.--. i;iii Pu h r "f`,. a`, '• S i ATE OF LIT AII �L / , t ti_I ' F„�rT,: E:+:.Rod. 3,1��2 �4 �.;r, mac RESOLUTION NO. OF 1990 AUTHORIZING THE APPROVAL OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND DEPARTMENT OF THE TREASURY, UNITED STATES SECRET SERVICE WHEREAS, Title 11, Chapter 13, U.C.A. , 1953, as amended, allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purposes; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1. It does hereby approve the form and substance of the attached agreement as follows: This Agreement allows the United States Secret Service to use the Airport firing range. 2. Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is hereby authorized to approve said agreement on behalf of Salt Lake City Corporation, subject to any minor changes which do not materially affect the rights and obligations of the City thereunder. Passed by the City Council of Salt Lake City, Utah, this day of , 1990. SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: CITY RECORDER _ RLM:rc . 471 MIKE ZUHL S fli LAKE-CITY GORPO 8'e ION' LEE KING d_ 3 . INTERIM DIRECTOR DEPUTY DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 418 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 To: Salt Lake City Council August 28, 1990 RE: Petition No. 400-833-90 submitted by the Salt Lake City Planning Division. Recommendation: That the City Council hold a public hearing on September 18, 1990 at 6:30 p.m. to discuss Petition No. 400-833-90 submitted by the Salt Lake City Planning Division. The petitioners are requesting an amendment to the Salt Lake City Zoning Ordinance for the parking requirements for any Arena, Auditorium, Stadium or similar use designed to draw an assembly of persons. Availability of Fluids: Not applicable Discussion and Background: The present ordinance requires 5,125 dedicated parking spaces for a 20,500 seat arena. The Downtown Master Plan goals and policies as drafted encourages a more efficient use of land and supports shared parking when applicable in the Downtown area. The proposed amendment will give the Planning Commission the authority to determine the parking requirement through a site specific analysis of parking availability and feasibility. The ordinance will require an application be submitted to the Department of Community and Economic Development with a hundred dollar filing fee. The application should include the following: 1. A site plan drawn to scale showing the seating of the proposed facility and the location and number of proposed parking spaces; 2. A statement of the reasons why the petitioner believes the facilities should have fewer than the normally required number of spaces; 3. A professionally feasibility study regarding parking requirements, including an analysis of the demand generated by the facility and the parking spaces available from other surrounding locations and mass transit; 4. If the proposed parking includes leased parking with other sites, any executed agreements or plans for acquiring such executed agreements; 5. A statement concerning the compatibility of the proposal with the City's transportation plans and Master plans and with existing or proposed mass transit or other transit alternatives. The Planning Commission will receive a reconuiendation from the City Transportation Engineer and hold an informal hearing before the parking is approved. If the petitioner disagrees with the Planning Commission decision, they would appeal the decision to the City Council. The proposed ordinance outlines that actions and notices by the Planning Commission prior to the passage of the ordinance are approved, ratified and deemed effective to constitute sufficient notice to act pursuant to the ordinance. This has been added to allow the actions taken by the Planning Commission on the Jazz Arena to be accepted under the new ordinance requirements. Legislative Action: The City Attorney's Office has prepared the necessary ordinance and it is ready for your action. Submitted by: 0-"? CHAEL B. ZUBL nterim Director ®RAFT SALT LAKE CITY ORDINANCE No. of 1990 (Amending Section 21 . 84.030(H) Concerning Parking for Theaters and Arenas Pursuant to Petition No. 400-833-90) AN ORDINANCE AMENDING SECTION 21 . 84.030(H) ALLOWING THE PLANNING COMMISSION TO DETERMINE PARKING REQUIREMENTS FOR THEATERS, ARENAS, STADIUMS AND SIMILAR USES PURSUANT TO PETITION NO. 400-833-90. WHEREAS, in considering the requirements for the new arena for the Utah Jazz, it has become apparent to the City Council that the City' s parking requirements for such large uses should be modified to allow flexibility in determining the number of spaces considering other land uses, mass transit, shared parking and other similar considerations; and WHEREAS, in response to Petition No. 400-833-90 the Salt Lake City Council has held public hearings before its own body and before the Planning Commission and has considered the City' s Master Plan and other testimony and findings. Pursuant to these deliberations, the Council has concluded that the proposed amendment to Section 21 .84.030(H) is in the best interest of the City and is appropriate for the development of the city; THEREFORE, the City Council of Salt Lake City, Utah, hereby adopts the following amendment to Section 21 . 84.030(H) : SECTION 1 . That Section 21 . 84.030(H) , Salt Lake City Code, be amended to read as follows: 21.84.030 Number of spaces--Specific uses. For a new building or structure, or for the enlargement or increase in capacity, floor area or guestrooms of an existing main building or structure, there shall be at least one permanently maintained parking space either on the same lot with the main building or not more than five hundred feet therefrom, as follows: A. through G. * * * H. For any theater, auditorium, stadium or similar use designed to draw an assembly of persons[ ,,—] : [one parking spacc for every four seats provided in such place of assembly; ] 1. One parking space for every four seats provided in such place of assembly; or 2. A number of spaces determined by the Planning Commission as follows: (a) Any person applying for a lesser number of spaces shall submit an application on a form provided by the Department of Community and Economic Development; (b) The applicant shall pay a filing fee of one hundred dollars; (c) The application shall include the following: ( i ) A site plan drawn to scale showing the seating of the proposed facility and the location and number of proposed parking spaces; (ii ) A statement of the reasons why the petitioner believes the facilities should have fewer than the normally required number of spaces; -2- ( iii) A professional feasibility study regarding parking requirements, including an analysis of the demand generated by the facility and the parking spaces available from other surrounding locations and mass transit; ( iv) If the proposed parking includes leased parking with other sites, any executed agreements or plans for acquiring such executed agreements; (v) A statement concerning the compatibility of the proposal with the City' s transportation plans and Master plans and with existing or proposed mass transit or other transit alternatives. (d) The Planning Commission shall receive a recommendation from the City Transportation Engineer. (e) The Planning Commission shall consider the application at an informal hearing and shall determine the number of parking spaces for the facility in the best interest of the City to meet the needs for parking and other land use goals, including the City' s adopted Master Plans. ( f) If the Planning Commission determination relies on leased spaces the use or occupancy of the facility shall be conditioned upon the continued existence of those leased facilities. Any substantial change in the location of the shared or leased -3- facilities which, for the purposes of this ordinance, shall mean a cumulative change in the location of more than ten percent of the spaces, shall not be made without the consent of the Planning Commission obtained pursuant to this section. G Any person aggrieved by the decision of the Planning Commission may appeal the decision to the City Council. SECTION 2. This ordinance shall take effect immediately upon being posted in the Office of the City Recorder, who is instructed to post the ordinance immediately upon passage. The City Recorder shall also publish the ordinance as soon as possible after passage. Actions and notices by the Planning Commission prior to passage of this ordinance are hereby approved, ratified and deemed effective to constitute sufficient notice to act pursuant to this ordinance. Passed by the City Council of Salt Lake City, Utah, this day of , 1990. CHAIRPERSON ATTEST: CITY RECORDER -4- Transmitted to the Mayor on Mayor' s action: Approved Vetoed. MAYOR ATTEST: CITY RECORDER (SEAL) Bill No. of 1990. Published: BRB:rc -5- SALT ;° O Y(c } Rpk_owION. ALLEN C. JOHNSON, AICP _- 9 3� � ,:,.� ,a ,a-_.a PALMER DEPAULIS PLANNING DIRECTOR MAYOR COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DIVISION 451 SOUTH STATE STREET ROOM 406, CITY AND COUNTY BUILDING SALT LAKE CITY, UTAH 84111 August 7, 1990 TELEPHONE 535-7757 Mike Zuhl, Interim Director Community & Economic Development Salt Lake City BUILDING Dear Mike: Attached please find Petition 400-833 by the Salt Lake City Planning Division requesting an amendment to the Salt Lake City Zoning Ordinance for the parking requirements for any Arena, Auditorium, Stadium or similar use designed to draw an assembly of persons. On August 2, 1990 the Planning Commission considered the request and recommends to the City Council the amendment as presented in the staff report. The importance of the request at this time is to determine the parking requirement for the new Jazz Arena now under construction. The present ordinance requires 5,125 dedicated parking spaces for a 20,500 seat arena. The Downtown Master Plan goals and policies as drafted encourages a more efficient use of land and supports shared parking when applicable in the Downtown specifically. The proposed amendment will give the Planning Conunission the authority to determine the parking requirement through a site specific analysis of parking availability and feasibility. In order to accomplish this method of development review, the Planning Commission recommends the following text change in the Zoning Ordinance, Section 21.84.030 (H) . "For any theater, auditorium, stadium or similar use designed to draw an assembly of persons, one (1) parking space for every four (4) seats provided in such place of assembly, or the Planning Commission may determine the parking requirement for such uses and support facilities contained within the structure after analyzing a profe sionally prepared parking analysis and feasibility study, receiving a recommendation from the Salt Lake City Transportation E7ngineer and making a finding based upon the evidence submitted. Determination of the parking requirement may consider shared parking or leased parking with nearby facilities, transit facilities, or other transportation alternatives. The Planning Commission findings can increase or decrease the required off street parking for such facilities." Mike Zuhl August 7, 1990 Page 2 The Planning Staff and Planning Commission recommend that the City Council schedule a public hearing at the earliest convenience and adopt the ordinance amendment as proposed. Please contact me or Bill Wright with any questions concerning this recommendation. Respect ully Submitted, "iv Allen ,C. John on AICP Pla ng Dir tor attachments ACJ:WIW AMENDED Salt Lake City Planning Commission Staff Report Petition 400-833 Amendment of the Zoning Ordinance for parking requirements for any Arena, Auditorium, Stadium, or similar use designed to draw an assembly of persons CVERVI W The Salt Lake City Planning Division proposes an amendment to the Zoning Ordinance parking requirements for any arena, auditorium, stadium, or similar use designed to draw an assembly of persons. The purpose of amending the ordinance requirement is to allow flexibility for "shared" parking or reduced parking requirements where evidence determines it is warranted. The staff recommends a simple addition to the existing requirements to allow the Planning Commission to analyze and approve the parking requirement for these uses. BACKGROUND Section 21.84.030 (H) of the zoning ordinance requires "one parking space for every four seats" for any theater, auditorium, stadium or similar use designed to draw an assembly of persons. For a 20,500 seat arena, that requires 5,125 parking spaces! The concept of shared parking was thoroughly discussed as a criteria for the site selection of the new Jazz Arena last year. The building permit for the new Jazz Arena was issued last month with an attached agreement between Larry Miller and the City to solve the issue of required parking for the Arena prior to the occupancy permit being issued. The arrangement with the Redevelopment Agency requires the Agency to purchase the land on Block 79, design and construct the public plaza on the Arena block, and purchase and construct parking as required by the City. The Planning Commission is presently analyzing parking demand and supply in the Downtown with a consultant to develop planning policy for parking. The City must balance its requirement for parking for new development with the long range planning policy of encouraging higher mass transit use in the Downtown. Building 5,125 parking stalls for the single purpose of the Arena will result in an inefficient use of land at a very high capital cost. In order to resolve the immediate parking issue for the new Jazz Arena, the Planning Staff proposes an amendment to the existing ordinance requirement. ANALYSIS Shared use of parking facilities for arenas, auditoriums, stadiums, and theaters may be an appropriate alternative to providing the full amount of single purpose parking. The solution depends on the location of the use, the types of adjoining uses sharing the parking facilities, the ability of the street infrastructure to provide parking, and the surrounding development pattern. A parking analysis study can provide the information necessary to determine the appropriate mix of shared and encumbered parking for these uses. RECOMMENDATION The Planning Staff finds that the best method of determining the required parking for arenas, auditoriums, stadiums or similar uses is to allow the Planning Commission to review and approve the parking requirement after receiving a professionally prepared parking analysis and feasibility study which recommends a parking requirement. In order to accomplish this method of development review, the Planning Staff recommends the following text change in the Zoning Ordinance, Section 21.84.u30 (H) . "For any theater, auditorium, stadium or similar use designed to draw an assembly of persons, one (1) parking space for every four (4) seats provided in such place of assembly, or the Planning Commission may determine the parking requirement for such uses and support facilities contained within the structure after analyzing a professionally prepared parking analysis and feasibility study, receiving a recommendation from the Salt Take City Transportation Engineer and making a finding based upon the evidence submitted. Determination of the parking requirement may consider shared parking or leased parking with nearby facilities, transit facilities, or other transportation alternatives. The Planning Ccmru.ssion findings can increase or decrease the required off street parking for such facilities." William T. Wright Deputy Planning Director July 26, 1990 qb, JUL 2 1990 ALLEN C. JOHNSON, AICP SALT'LAK � ITY( CORM RNI '4' ,ION PALMER DEPAULIS PLANNING DIRECTOR MAYOR COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DIVISION 451 SOUTH STATE STREET ROOM 406, CITY AND COUNTY BUILDING 26, 1990 SALT LAKE CITY, UTAH 84111 JulyTELEPHONE 535-7757 Palmer DePaulis Salt Lake City Mayor Salt Lake City, Utah BUILDING Dear Mayor: The City Planning Division respectfully submits a request to amend the City Zoning Ordinance for the parking requirements for any Arena, Auditorium, Stadium, or similar use designed to draw an assembly of persons. The staff presents this request now to determine the parking requirement for the new Jazz Arena under construction. Under the present ordinance requiirements, 5,125 parking spaces are required for the Arena. The Downtown Master Plan policy and Urban Design policy encourages a more efficient use of land and supports shared parking when applicable in the Downtown. The proposed amendment will give the Planning Commission the authority to determine the parking requirement through a site specific analysis of parking availability and feasibility. The staff proposes the following change: "For any theater, auditorium, stadium or similar use designed to draw an assembly of persons, one (1) parking space for every four (4) seats provided in such place of assembly, or the Planning Corrmi_ssion may determine the parking requirement for such uoes after analyzing a professionally prepared parking analysis and feasibility study, receiving a recommendation from the Salt Lake City Transportation Engineer and making a finding based upon the evidence submitted. The Planning Commission findings can increase or decrease the required off street parking for such facilities." Please prepare this request as a petition. Respectfully submitted, //d T /1,t1/ William T. Wright AICP Deputy Planning Director 81314600 (PF) C/ 7 Salt Lake City, Utah September 4, 1990 The City Council (the "Council") of Salt Lake City, Salt Lake County, Utah met in regular session at its regular meeting place in Salt Lake City, Utah at 6:00 p.m. on September 4, 1990, with the following members present: Alan Hardman Chairman Nancy Pace Vice Chair Thomas M. Godfrey Councilmember L. Wayne Horrocks Councilmember Don C. Hale Councilmember Roselyn N. Kirk Councilmember Ronald Whitehead Councilmember Also present: Palmer A. DePaulis Mayor Roger F. Cutler City Attorney Kathryn Marshall City Recorder Absent: After the meeting was duly called to order and after other matters not pertinent to this resolution had been discussed, the City Recorder presented the Council a Certificate of Compliance with Open Meeting Law with respect to this September 4, 1990 meeting, a copy of which is attached hereto as Exhibit "A" . After the conduct of business not related to this excerpt of minutes, the following described public hearing was opened for the purpose of receiving public comment on the proposed issuance by the City of up to $2,000,000 of Industrial Development Revenue Bonds, to finance the acquisition of equipment and plant facilities and related improvements for a fiberglass insulation and related products manufacturing facility to be located in Salt Lake City and to be owned by Western Fiberglass, Inc. , a Utah corporation or any affiliate or subsidiary thereof. The Council was advised that pursuant to requirements of federal law the hearing had been scheduled and notice of the hearing was published on August 19, 1990 in the Salt Lake Tribune and Deseret News, newspapers having general circulation in Salt Lake City, Utah, said publication being not less that fourteen (14) days prior to the date of the hearing. A copy of the affidavit of publication of the notice of this hearing is attached to these proceedings as Exhibit "D". At the beginning of the public hearing, an invitation was extended to all persons desiring to comment upon the issuance of the proposed industrial development revenue bonds to appear and voice comments or objection. After the Council had heard each and every person who wished to be heard with respect to the issuance of said bonds Councilmember moved and Councilmember seconded that the public hearing be closed and the meeting of the Council reconvened. The following resolution was then introduced in writing, fully discussed by the Council and pursuant to motion duly made by Councilmember and seconded by Councilmember , adopted by the following vote: BD14600 (PE) 2 AYE: NAY: The resolution is as follows: RESOLUTION NO. A RESOLUTION PROVIDING FOR THE FINANCING BY SALT LAKE CITY, SALT LAKE COUNTY, UTAH OF THE ACQUISITION OF EQUIPMENT AND PLANT FACILITIES AND RELATED IMPROVEMENTS FOR A FIBERGLASS INSULATION AND RELATED PRODUCTS MANUFACTURING FACILITY TO BE LOCATED IN SALT LAKE CITY IN ORDER THAT WESTERN FIBERGLASS, INC. MAY BE PROVIDED WITH FACILITIES TO PROMOTE THE GENERAL WELFARE AND ENCOURAGE THE INCREASE OF INDUSTRY AND COMMERCE; AUTHORIZING AND PROVIDING FOR THE ISSUANCE BY SALT LAKE CITY, SALT LAKE COUNTY, UTAH OF ITS $2,000,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1990 (WESTERN FIBERGLASS, INC. PROJECT) WHICH WILL BE PAYABLE SOLELY FROM THE REVENUES ARISING FROM THE PLEDGE OF A LOAN AGREEMENT WITH WESTERN FIBERGLASS, INC. ; AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN SALT LAKE CITY, UTAH AND WESTERN FIBERGLASS, INC. ; PROVIDING FOR FINANCING THE ACQUISITION OF SAID PROJECT; AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST AND RELATED DOCUMENTS; CONFIRMING THE SALE OF SAID BONDS TO THE PURCHASER THEREOF; AUTHORIZING THE PUBLICATION OF A NOTICE OF BONDS TO BE ISSUED; AND RELATED MATTERS. WHEREAS, pursuant to the Utah Industrial Facilities and Development Act, Chapter 17, Title 11 , Utah Code Annotated 1953, as amended, (the "Act") , Salt Lake City, Utah (the "Issuer") is authorized to issue its revenue bonds to finance the costs of any "project" as defined in the Act to the end that the Issuer may be able to promote the general welfare and encourage the increase of industry and commerce within the State of Utah; and BD14600 (PE) 3 WHEREAS, as a result of negotiations between the Issuer and Western Fiberglass, Inc. (the "Company") , a corporation organized under the laws of the State of Utah and authorized to do business in the State of Utah, contracts have been or will be entered into by the Company for the acquisition of equipment and plant facilities and related improvements for a fiberglass insulation and related products manufacturing facility to be located in Salt Lake City, Utah (the "Project") , to be used by the Company and which Project will be of the character and will accomplish the purposes provided by the Act, and the Issuer is willing to issue its industrial development revenue bonds to finance the Project upon terms which will be sufficient to pay the cost of acquiring the Project as evidenced by such industrial development revenue bonds, all as set forth in the details and provisions of the Loan Agreement between the Issuer and the Company (the "Loan Agreement") ; and WHEREAS, pursuant to the provisions of the Act, the Issuer proposes to enter into said Loan Agreement by and between the Issuer and the Company in connection with the financing of the Project and to enter into an Indenture of Trust (the "Indenture") with Zions First National Bank (the "Trustee") pursuant to which the Issuer will issue its not to exceed $2,000,000 Industrial Development Revenue Bonds, Series 1990 (Western Fiberglass, Inc. Project) , (the "Bonds") ; and WHEREAS, this Council deems it necessary and advisable to authorize the issuance and confirm the sale of the Bonds and to authorize the execution and delivery of the Loan Agreement, the Indenture and related documents required for the sale of the Bonds; and WHEREAS, the Act and all documents to be signed by the Issuer provide that the Bonds shall not constitute nor give rise to a general obligation or liability of the Issuer or be a charge against its general credit or taxing powers and that the Bonds will be payable from and secured only by the revenues arising from the pledge and assignment under the Indenture of the Loan Agreement to the Trustee. NOW, THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah as follows: Section 1 . The Issuer is authorized to finance the acquisition of the Project by the Company with the proceeds of the Bonds, all pursuant to the provisions of the Act. All action heretofore taken by the officers of the Issuer directed toward the issuance of the Bonds is hereby ratified, approved and confirmed. Section 2. The Issuer is authorized and directed to issue the Bonds as fully registered bonds, in the aggregate principal amount of $2,000,000. The Bonds shall bear interest at the per annum rates, shall be payable on the dates, shall be subject to redemption prior to maturity, and shall mature on the dates and in the amounts all as set forth in the Indenture, a copy of which is attached hereto as Exhibit "B". BD14600 (PF) 4 The form of Bond is set out in the Indenture, copies of which were before the Council at this meeting and which will be available for inspection at the office of the City Recorder for any interested person, which form is incorporated herein by reference and made a part hereof. Section 3. The Bonds are to be issued in accordance with and pursuant to, and the Issuer is authorized and directed to execute and deliver, the Loan Agreement (a copy of which is attached hereto as Exhibit "C") and the Indenture, in substantially the same forms presented to the Council at the meeting at which this resolution was adopted, and which are also on file at the office of the City Recorder and may there be examined during normal business hours by any interested person. The Loan Agreement provides for the issuance of the Bonds solely for the purpose of financing the cost of acquiring the Project and for paying expenses incidental thereto. The Loan Agreement provides for certain representations and warranties by the Issuer and the Company, for certain conditions precedent to the purchase of the Bonds, for certain affirmative and negative covenants, and for remedies in connection with the failure to perform certain covenants thereunder. The Indenture specifically provides that no provision thereof or of the Bonds shall constitute nor give rise to a general obligation or liability of the Issuer or a charge against its general credit or taxing powers. Recourse on the Bonds executed and delivered by the Issuer pursuant to the Indenture may be had only against the security for the Bonds as provided therein and in the Loan Agreement and the Indenture. Section 4. The Loan Agreement provides that the Company will cause the Project to be acquired with the Company to have the right to requisition from the Trustee the proceeds of the Bonds from time to time, all in accordance with the provisions of the Loan Agreement and the Indenture and, that if the proceeds of the Bonds are not sufficient to defray all costs and expenses of acquiring the Project and all expenses incidental thereto, the Company will pay all such excess costs and expenses and will acquire the Project without additional cost to the Issuer. Section 5. The Project will constitute manufacturing facilities as contemplated in the Act consisting of the equipment and plant facilities and related property and improvements, including any modification thereof, substitutions therefor and amendments thereto. Section 6. The Bonds (in substantially the form set forth in the Indenture) and the Loan Agreement and the Indenture, in substantially the forms presented to the Council of the Issuer at this meeting with such changes as are authorized by Section 8 hereof, are hereby approved in all respects, and the Mayor (including any Mayor Pro Tem) and City Recorder are hereby authorized to execute each of the same on behalf of the Issuer and to affix the seal of the Issuer thereto and the acts of the Mayor and City Recorder in so doing are and shall be the act and deed of the Issuer. The Mayor, City Recorder and all other proper officers and employees of the Issuer are hereby authorized and directed to take all steps on behalf BD14600 (PP) 5 of the Issuer to perform and discharge the obligations of the Issuer under each of said instruments. Section 7. The sale of the Bonds to the purchaser thereof at a price of 1000 of the principal amount thereof plus accrued interest to the date of delivery, and bearing interest at rates as provided in the Indenture, is hereby authorized, approved and confirmed. Section 8. The Mayor is hereby authorized to make, either prior or subsequent to the execution thereof, any alterations, changes or additions in the Indenture, the Loan Agreement and the Bonds herein authorized which may be necessary to correct any errors or omissions therein, to remove ambiguities therefrom, to conform the same to other provisions of said instruments, to the agreement of the Company and the Purchaser, to the provisions of this resolution, or any other resolution adopted by the Issuer, or the provisions of the laws of Utah or the United States as long as the rights of the Issuer are not materially affected thereby. Section 9. Pursuant to Section 11-17-13, Utah Code Annotated 1953, as amended, the Issuer includes herein the pledge and undertaking of the State of Utah that the State of Utah will not alter, impair or limit the rights vested hereunder or in the Bonds, the Loan Agreement, the Indenture or any of the documents contemplated hereby until the Bonds, together with all interest thereon, have been fully paid and discharged and all obligations of the Issuer thereunder and under the Loan Agreement and the Indenture are fully performed. Section 10. It is hereby declared that all parts of this resolution are severable and that if any section, paragraph, clause or provision of this resolution shall, for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of any such section, paragraph, clause or provision shall not affect the remaining provisions of this resolution. Section 11. All resolutions and ordinances or parts thereof heretofore adopted or passed which are in conflict with any of the provisions of this resolution are, to the extent of such conflict, hereby repealed. Section 12. The Mayor, City Recorder and other officers of the Issuer are hereby authorized to execute all documents and take such action as they may deem necessary or advisable in order to carry out and perform the purpose of this resolution and the execution or taking of such action shall be conclusive evidence of such necessity or advisability. All action heretofore taken by the Issuer, its officers and employees, with respect to the issuance and sale of the Bonds is hereby ratified and confirmed. Section 13. In accordance with the provisions of Section 11-17-16, Utah Code Annotated 1953, as amended, the City Recorder shall cause the following "Notice of Bonds to be Issued" to be published one time in the 151:)146OO (PF) 6 Salt Lake Tribune, a newspaper having general circulation in Salt Lake City, Utah, and shall cause a copy of this resolution (including the Exhibits hereto) to be kept on file in the office of the City Recorder for public examination during regular business hours until at least thirty (30) days from and after the date of such publication. The Notice of Bonds to be Issued shall be in substantially the following form: BD146OO (PF) 7 SALT LAKE CITY, UTAH NOTICE OF BONDS TO BE ISSUED NOTICE IS HEREBY GIVEN pursuant to the provisions of Section 11-17-16, Utah Code Annotated 1953, as amended, that on September 4, 1990, the City Council of Salt Lake City, Utah adopted a resolution authorizing and providing for the issuance and sale by Salt Lake City, Salt Lake County, Utah (the "Issuer") of its $2,000,000 Industrial Development Revenue Bonds, Series 1990 (Western Fiberglass, Inc. Project) (the "Bonds") . The Bonds are to be issued pursuant to the Utah Industrial Facilities and Development Act, Chapter 17, Title 11, Utah Code Annotated 1953, as amended, (i) to finance the acquisition of equipment and plant facilities and related improvements for a fiberglass insulation and related products manufacturing facility to be located in Salt Lake City Utah, to be used by Western Fiberglass, Inc. , a Utah corporation and (ii) to pay certain costs of issuing the Bonds. The Bonds are to be sold at a price of 100% of the principal amount thereof plus accrued interest, if any, to the date of delivery. The proposed Bonds will not constitute general obligations of the Issuer. The Issuer will not be obligated to pay costs incurred in connection with the issuance of the Bonds nor will it be liable to make payments of interest or principal on the Bonds, except from the sources specified therein. A copy of the resolution adopted on September 4, 1990, by the City Council of Salt Lake City authorizing the issuance and confirming the sale of the above-described Bonds, together with copies of other documents connected with the Bonds, are on file in the office of the City Recorder of said City at 451 South State Street, Salt Lake City, Utah where they may be examined during regular business hours of the City Recorder from 8:00 a.m. to 5:00 p.m. Said resolution and other related documents shall be available for inspection for a period of at least thirty (30) days from and after the date of the publication of this notice. Notice is also hereby given that for a period of 30 days after publication of this notice any person in interest may contest the legality of the resolution, proceedings, any Bonds which may be authorized under them, or any provisions made for the security and payment of the Bonds. After expiration of such 30-day period no person may contest the regularity, formality, or legality of the resolution, proceedings, Bonds, or security provisions for any cause. DATED this day of September, 1990. /s/ Kathryn Marshall City Recorder ( S E A L ) BD14600 (PF) 8 Section 14. This resolution constitutes approval of the elected legislative body of the Issuer for purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code") . Section 15. The Issuer hereby elects to have the provisions of Section 144(a)(4) of the Code (relating to the $10,000,000 small issue election) apply to the Bonds. Section 16. This resolution shall become effective immediately upon its adoption by the Council and its passage, approval and adoption. PASSED, APPROVED AND ADOPTED this 4th day of September, 1990. Chair ATTEST; City Recorder ( S E A L ) BD14600 (PF) 9 Other business not pertaining to the foregoing appears in the minutes of the meeting. The meeting was then adjourned. Chair ATTEST: City Recorder ( S E A L ) BD146OO (PP) 10 PRESENTATION TO THE MAYOR The foregoing resolution was presented to the Mayor for his approval or disapproval on the day of September, 1990. Chair MAYOR'S APPROVAL OR DISAPPROVAL The foregoing resolution is hereby approved this day of September, 1990. Palmer A. DePaulis Mayor BD14600 (PF) 11 STATE OF UTAH ) . ss. COUNTY OF SALT LAKE ) I, Kathryn Marshall, the duly qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah (the "Issuer") , do hereby certify according to the records of the Issuer' s City Council (the "Council") in my possession, that the foregoing constitutes a true, correct and complete copy of the proceedings of the Council held on September 4, 1990, insofar as said minutes pertain to the matters set forth herein. IN WITNESS WHEREOF, I have hereunto subscribed my signature and impressed hereon the official seal of the Issuer this day of September, 1990. City Recorder ( S E A L ) HD146OO (PF) 12 EXHIBIT "A" CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I, Kathryn Marshall, the duly qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah (the "Issuer") , do hereby certify, according to the records of the Issuer in my official possession, and upon my own knowledge and belief, that (a) in accordance with the requirements of Section 52-4-6(2) , Utah Code Annotated 1953, as amended, there was given not less than twenty-four (24) hours public notice of the agenda, date, time, and place of the September 4, 1990, public meeting held by the Issuer as follows: (i) By causing a Notice, in the form attached hereto as Schedule "A" , to be posted at the City's offices at 451 South State Street, Salt Lake City, Utah on September 1990, at least twenty-four (24) hours prior to the convening of said meeting, the Notice having continuously remained so posted and available for public inspection until the completion of said meeting; and (ii) By causing a copy of such Notice, in the form attached hereto as Schedule "A" , to be delivered to the Deseret News on September _, 1990, at least twenty-four (24) hours prior to the convening of the meeting. IN WITNESS WHEREOF, I have hereunto subscribed my official signature this day of September, 1990. City Recorder BD1460O (PF) 13 SCHEDULE "A" Agenda BD146OO (PF) 14 EXHIBIT "B" Indenture of Trust [See Transcript Document No. _] BD146OO (PF) 15 EXHIBIT "C" Loan Agreement [See Transcript Document No. _] BD14600 (PF) 16 EXHIBIT "D" Affidavit of Publication BD14600 (PF) 17 4 , OC) MIKE ZUHL S�-! 'll� ` 4, G irilir �ORP� � IOI�( �..,tis LEE KING INTERIM DIRECTOR DEPUTY DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 418 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 To: City Council July 16, 1990 RE: Petition No. 400-797-90 submitted by F. Weixler Company Recommendation: That the City Council hold a public hearing on September 4, 1990 at 6:20 p.m. to discuss Petition No. 400-797-90 submitted by F. Weixler Company. The petitioners are requesting that the southern portion of the property at 917 South West Temple Street be rezoned from a "C-1" classification to a "C-3" classification. Availability of Funds: Not applicable Discussion and Background: The petitioner has requested this zoning change so that the property can be entirely zoned one zoning classification. The northern part of the property is zone "C-3" and the southern half is zone "C-1". The petitioner must maintain the woodworking machinery in the "C-3" portion of the building as the activity of furniture manufacture is not an allowed use in the "C-1" district. This situation makes it difficult for the owner to fully utilize the property. The Planning Commission has reviewed this request and has recommended approval of the zoning change. The rezoning request is compatible with existing and pending master plan documents for this area. Legislative Documents: The City Attorney's Office has prepared and approved the necessary ordinance and is ready for your action. Submitted Qby: ICHAEL B. Z Interim Direc Community & Economic Development rezoned Commercial C-3 and the Use District Map is amended accordingly: Beginning 100 feet South from the NW Corner of Lot 11, Block 22, Five Acre Plat "A" , Big Field Survey; and running thence South 30 feet, thence East 142 ��. - feet, thence North 30 feet, thence West 142 feet to the POINT OF BEGINNING. SECTION 2 . EFFECTIVE DATE AND CONDITIONS. This ordinance shall become effective upon its publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s Action: Approved Vetoed. MAYOR ATTEST: CITY RECORDER BRB:ap -2- • • -f SALT LAKE CITY PLANNING COMMISSION STAFF REPORT PETITION 400-797, ZONING CHANGE AT 917 SOUTH WEST TEMPLE, C-1 TO C-3 OVERVIEW The property owner of 917 South West Temple seeks to have the entire property within one (1) zoning district, C-3 . Presently the property is C-3 and C-1. Staff recommends that the Planning Commission recommend to the City Council rezone of the southern portion of 917 South West Temple from C-1 to C-3 Commercial. BACKGROUND The F. heixler Company (custom furniture making and finishing) is requesting that the zoning of the property at 917 South be C-3 Commercial. The situation is that the northern portion of the property is C-3 Commercial while the southern portion is C-1 Commercial. This situation makes it difficult for the owner to fully utilize his property. The F. Weixler Company must maintain their woodworking machinery north of the zoning boundary (in C-3) , the activity of furniture manufacture not being allowed in the C-1 district. This block, bounded by West Temple, 900 South, Main Street and "Fayette Avenue is zoned C-3 Commercial except for a C-1 strip on the West Temple frontage (100 foot wide, and 100 feet back from 900 South Street, see Zoning Map over) . ANALYSIS The Central Community Development Plan (1974) designates this area for "Limited Commercial Service" activity. Additionally, the Peoples Freeway Neighborhood Plan (1980) seeks to improve the interface between residential and nonresidential uses. Similarly, the State Street Plan (pending) recommends Commercial uses for this area that would encourage transitioning to mixed uses and residential activities further south and west with improved aesthetic and landscape standards. (In harmony with the West Temple Gateway Plan) . The present zoning boundaries for the C-3 and C-1 districts on this block do not recognize property boundaries. Because of this, properties can be split influencing the permitted and conditional uses allowed as well as code requirements. This is an undesirable situation both for the property owner and the City. RECOMMENDATION Planning Staff have reviewed the request to rezone the south portion of 917 South West Temple from C-i to C-3 Commercial. Staff have conducted this review within the context of the existing and pending Master Plan documents as well as the surrounding zoning and uses. Planning Staff would recommend that the Planning Commission recommend to the City Council the rezoning of the southern portion of 917 South West Temple from C-1 Commercial to C-3 Commercial. This action would allow the more efficient use of this property as well as imposing a single set of zoning ordinance provisions (encouraging effective ordinance implementation) . Bruce Parker, May 23, 1990 Planning Cormi.5.:1c i•.i June 7, 1990 Page 'I\ Mr. Neilson moved to ratify the actions of the Historical Landmark Committee on the above cases from Wednesday, June 6 , 1990. John Schumann seconded the motion with discussion. Mr. Schumann asked concerning Case No. 880. Mr. Neilson told him what had been discussed at the Historical Landmark Committee meeting; all voted "aye. " The motion passes. PETITIONS Informal Hearing - Petition No. 400-797 by F. Weixler Company requesting Salt Lake City to expand the Commercial C-3 zone 30 feet to include his entire building located at 917 South West Temple in a Commercial C-1 zoning district. Bruce Parker presented the staff report. The Weixler Company's building is zoned half C-1 and half C-3 . Because of this zoning the company is restricted from utilizing their entire building. They manufacture furniture and this is not an allowed use in a C-1 zone so they must keep all their machinery north of the zoning boundary line. By allowing this change it will not take away from the control the City has to require landscaping in the area. The Planning Staff recommends that the Planning Commission transmit a favorable recommendation to rezone the southern portion of the F. Weixler Company building thereby zoning the entire building Commercial C-3. Mr. Gerald Weixler, 132 E Street, said that all they wanted to do was be able to move machinery in the south portion of their building and the zoning change seemed to be the best way to accomplish this. No one in the audience wished to speak to the petition, therefore Ms. Liddle- Gamonal closed the public portion of the hearing. Mr. Bethel asked why the zoning wasn' t being extended further to the south to include Fayette Avenue. Mr. Parker indicated this would involve other property owners that were not requesting zoning changes at this time. Mr . Johnson indicated another reason for not going all the way to Fayette Avenue was by keeping a remnant of C-1 zone on West Temple we are able to secure when that block redevelops a 15 foot setback along West Temple which is consistent with the West Temple Gateway Plan. John Schumann moved that the Planning Commission propose the rezoning of the southern portion of 917 South West Temple from C-1 to Commercial C-3. Mr. Howa seconded the motion and recognized that it does preserve the setback required in a more strict zoning district and it does cure an undesirable situation for both the property owner and the City. Mr. Elli on commented that usually if a property is split between less restrictive and more restrictive there is a reason for that, and we want the controls of the more restrictive. In the typical case in the future when we see a split property situation we don' t want to establish a policy of just going to the more liberal zone in those issues. All voted "aye" . The motion carried unanimously. Jc• 7b. K. Lelis 83. ixteenth Avenue Salt Lake City, Utah 84103 • J. Michael Lelis 1265 Kensington Avenue Salt Lake City, Utah 84105 Craig Lelis 524 — B Street Salt Lake City, Utah 84103 Kristine Braak 2810 Chadwick St. Salt Lake City, Utah 84106 Brian Lelis E iixteenth Avenue Salt Lake City, Utah 84103 E. W. Martin 64 Fayette Salt Lake City, Utah 84101 • Michael McRae 925 South West Temple Salt Lake City, UT 84101 • Sidwell Parcel Identification Mat er. Legal description of property covered in the application: Beginning four rods south from the northwest corner of Lot 11, Block 22, Five Acre Plat "A", Big Field Survey; and running thence south 109.3 feet, thence east 150.25 feet to the west line of the railroad right of way; thence north along the railroad right of way 20.2 feet, thence west 8.25 feet; thence north 89.1 feet, thence west 142 feet to the point of beginning. Desired Zoning Text Change: Names and mailing addresses of all abutting and/or affected property owner: a 1. _joc e l•f v) K , L. •' 1 t address ?) I (j Y:' %i✓E? r~'� B i O 2. },/vl,che, j I-el"s address IVoc, Kebc‘s,rl - ton L.C.��1�5 3. r,r ,q ....1 LEl ,I address 5l4 `% S lam'_ .h-r icS 4. Kr - -1„ne_ l-__1 r ak k address 2,810 Ghadw,c 5. address -t Fo' 6. 1;1.., Y!1[l-/,"G ...- address 69f;t 7• 44�,c-11iF'/ !1fR(e0 address q1s t�ies7- f-c4,u /e. _ 8. address 9. address 10. address 11. address 12. address 13. address 14. address 15. address Use additional sheet 'of paper for 1[tre names and addresses. ATTACH H ALL INFORMATION REQUIRED AS CU TLMIED ON THE FRONT OF THIS FORM. SALT LAKE CITY PLANNING COMMISSION SOUTH STAlt STREETS DLO&/ f1 $ V SALT LAKE CITY, UTAH 84111 Ph:- _ • • W.'sT TE1nPLE • • )-•-•'''• --.. • L_ _ 1 . 11 . I • I � • i 1 Q - S 11 ' N 4 C r. - i \ �I - O CO \� O i I I ems- -4 4 I aI, ti 1 r` $ t c � Z r. Aal.adi I C�> �, i... NI r1 b I , _ qr c I,. - "r I ro iR `` Oi '^ -� ttvl I -I 4f• b~ • �' - 8 3 r I -I 3 D I ; (.......--;) .z J r A I r I I • • i g 1 -a 4.j ...L_ rQ ) : r1 xF i i. N . . . . . 1.-1 i . • •• : • z i 1. 1 • . n1 .. . (3 I MIKE ZUHL SALT LAKE! I w CORPORATION.;- LEE KING INTERIM OIRECTOR OEPUTY DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 418 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 TO: Salt Lake City Council July 19, 1990 Re: Petition No. 400-777-90 submitted by the Literacy Volunteers Recommendation: That the City Council hold a public hearing on September 4, 1990 at 6:30 p.m. to discuss Petition No. 400-777-90 submitted by the Literacy Volunteers of America/Wasatch Front. The petitioners are requesting to amend the text of the Salt Lake City Zoning Ordinance, Section 21.38.060 Conditional Uses, to include tutorial literacy educational facilities operated by a non-profit organization in a Residential "R-6" zone. Availability of Funds: Not applicable. Discussion and Background: By using the conditional use review process each circumstance will be evaluated against criteria designed to protect the quality of neighborhoods while maintaining use of structures which serve the neighborhood. The proposed criteria listed in the ordinance is as follows: 1. A description of any proposed changes to the site including any remodeling of the exterior facility; no major exterior or interior alterations shall be made to the building which would substantially change the residential character and appearance of the building; 2. The hours and days of operation; 3) A description of any noise, odor, vibration or other omissions; 4) A description of the number of classes to be taught including the class hours, days and expected class size; 5) A projection of the average number of clients per day and the frequency of turnover of the client; 6) A projection of the number of employees, staff or volunteers including the totals and the number expected to be on the premises at any given time; and 7) A five and ten year projected plan for employment and client activity levels. The Planning Commission has reviewed this petition and recommends approval to amend Section 21.28.060 Conditional Uses allowed in a Residential "R-6" zone to allow tutorial literacy educational facilities operated by a non profit organization with the above mentioned criteria. Legislative Documents: The City Attorney's Office has prepared and approved the necessary ordinance and it is ready for your action. ubmitted bey: 714Ai 'C7 -<___--- ICHAEL B. Z Interim Direc Conuiiunity & Economic Development SALT LAKE CITY ORDINANCE No. of 1990 (Amending Section 21 .38.060.B. pursuant to Petition No. 400-777-90 ) AN ORDINANCE AMENDING SECTION 21 .38.060.B. BY ADDING A NEW SUBSECTION 8. DEALING WITH NONPROFIT TUTORIAL EDUCATIONAL FACILITIES PURSUANT TO PETITION NO. 400-777-90. WHEREAS, the City Council of Salt Lake City, Utah finds, after public hearing before its own body and before the Planning Commission, that it is in the City' s best interest to allow tutorial educational facilities owned and operated by nonprofit entities as a conditional use in a residential "R-6" zone. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Section 21.38.060.B. be amended by adding the following subsection 8. : 21.38.060 Conditional uses. A. * * * B. The following uses may be allowed by the Board of Adjustment as conditional uses in an "R-6" district after a favorable recommendation is made by the Planning Commission that such use is in keeping with the character of the neighborhood and is desirable and necessary for providing an adequate service for people residing in the community: 1 . through 7. * * * 8 . Tutorial educational facilities owned an operated by a nonprofit organization . In addition to other submissions required for a conditional use application applicants for a tutorial educational facility shall submit a proposed use plan including: (a) A description of any proposed changes to the site including any remodeling of the exterior facility; no major exterior or interior alterations shall be made to the building which would substantially change the residential character and appearance of the building; (b) The hours and days of operation; (c ) A description of any noise, odor, vibration or other omissions ; (d) A description of the number of classes to be taught including the class hours , days and expected class size; (e) A projection of the average number of clients per day and the frequency of turnover of the client; ( f ) A projection of the number of employees, staff or volunteers including the totals and the numbers expected to be on the premises at any given time; and (g) A five and ten year projected plan for employment and client activity levels . SECTION 2 . EFFECTIVE DATE. This ordinance shall become effective upon the date of its first publication. -2- Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s action: Approved Vetoed . MAYOR ATTEST: CITY RECORDER (SEAL) Bill No. of 1990 . Published: BRB:rc -3- DRAFT SALT LAKE CITY ORDINANCE No. of 1990 (Amending Section 21 .38.060.B. pursuant to Petition No. 400-777-90 ) AN ORDINANCE AMENDING SECTION 21.38.060.B. BY ADDING A NEW SUBSECTION 8. DEALING WITH NONPROFIT TUTORIAL EDUCATIONAL FACILITIES PURSUANT TO PETITION NO. 400-777-90. WHEREAS, the City Council of Salt Lake City, Utah finds, after public hearing before its own body and before the Planning Commission, that it is in the City' s best interest to allow tutorial educational facilities owned and operated by nonprofit entities as a conditional use in a residential "R-6" zone. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Section 21 .38.060.B. be amended by adding the following subsection 8. : 21.38.060 Conditional uses. A. * * * B. The following uses may be allowed by the Board of Adjustment as conditional uses in an "R-6" district after a favorable recommendation is made by the Planning Commission that such use is in keeping with the character of the neighborhood and is desirable and necessary for providing an adequate service for people residing in the community: 1 . through 7. * * * 8 . Tutorial educational facilities owned an operated by a nonprofit organization. In addition to other submissions required for a conditional use application applicants for a tutorial educational facility shall submit a proposed use plan including: (a) A description of any proposed changes to the site including any remodeling of the exterior facility; no major exterior or interior alterations shall be made to the building which would substantially change the residential character and appearance of the building; (b) The hours and days of operation; (c ) A description of any noise, odor, vibration or other omissions; (d) A description of the number of classes to be taught including the class hours , days and expected class size; (e) A projection of the average number of clients per day and the frequency of turnover of the client; (f ) A projection of the number of employees , staff or volunteers including the totals and the numbers expected to be on the premises at any given time; and (g) A five and ten year projected plan for employment and client activity levels . SECTION 2 . E$FECTIVE DATE. This ordinance shall become effective upon the date of its first publication. -2- Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on . Mayor' s action: Approved Vetoed. MAYOR ATTEST: CITY RECORDER s (SEAL) Bill No . of 1990 . Published: . BRB:rc -3- SALT CORPORATION • . ALLEN C. JOHNSON. AICP PLANNING AND ZONING PLANNING DIRECT OR COMMISSION MEMBERS COMMUNITY AND ECONOMIC DEVELOPMENT WILLIAM T. WRIGHT, AICP RALPH BECKER DEI'UIV PLANNING DIVISION DAN BET NFL SUPERVISOR LONG RANGE PLANNING CINDY CROMER Planning and Zoning Commission 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 841-11 GEORGE NICOLATUS Tilly t , 1990 TELEPHONE 535-7757 JOHN M. SCHUMANN Mike Zuhl , Interim Director Community and Economic Development City and County Building Salt. Lake City, UT 84111 Re: Petition 400-777 - Literacy Volunteers zoning tent change Dear Mike: Attached please find the ahove referenced pPtition from the Literacy Volunteers of America/Wasatch Front requesting Salt Lake City to amend the tent of the Salt Lake City Zoning Ordinance, Sec. 21 . 38. 060 Conditional Uses , to include tutorial literacy educational facilities operated by a ncnpiotit organization in a Residential R-6 Zone. The planning staff believes a conditinal use review process will allow each circumstance to be evaluated aains,t criteria designed to protect the quality of neighborhoods while maintaining use of structures which serve the rpeighholhood. Staff has identifie II ovidcd in a "use plan" in )I1 to thprl i11flt1 of the existing nrdinan . fticsically, the criteria will identify and mitigate imprints on rho nH_ Ol.p)lhoo,l. The ci- iteria has 1--)0e11 included in the 11--a-fi staff repor-t and lids heel' appr7overl 1-)y the City Attornoyis, office. The Planning Commission rpoommerHs that thin petition be approved and S)ection 21 . M. 00 Conditional ii1J ,wed in a Pesi(lentlal R-6 zone be amended lit. eracy educational facilities operated by a nonprofit organition with the dddition of the changes outlined it-, the draft- crdindnce. Page 2 Mike Zuhl July 9, 1990 Re: Petition 400J-777 - LO- -racy Volent -er 71 te-.-J change If van have any fluetiom.._, , ( Htll m-. \1 C . Jr on, tiCP Plan linq D reCt ()E cc: LaVone Lidclle-Gamonal Plammimg Commicion Chair-woman Jer r i Buckman, Presient Literacy Volunteers of Ami, rica attachments ACJ: JJ SALT LAKE CITY PLANNING COMMISSION STAFF REPORT LITERACY VOLUNTEERS OF AMERICA REQUESTING TO AMEND SEC. 21. 38. 060 CONDITIONAL USES IN A RESIDENTIAL R-6 ZONE OVERVIEW The Literacy Volunteers of America/Wasatch Front is requesting Salt Lake City to amend the text of the Salt Lake City Zoning Ordinance, Sec. 21 . 38. 060 Conditional Uses, to include tutorial literacy educational facilities operated by a nonprofit organization in a Residential R-6 Zone. BACKGROUND The Planning Commission reviewed this petition at their April 5th meeting and approved the request and the draft ordinance with the understanding that staff would work with the City Attorney's office to prepare a final draft to be forwarded to the City Council. Staff submitted a draft amendment to Bruce Baird, Assistant City Attorney, for his review and comment. He has returned a memo in which he recommends that we simply add a new subsection as proposed in the application and outlines his reasons for that recommendation ( see attached memo ) . Since the proposed draft from the City Attorney ' s office is substantially different from the draft prepared by the planning staff and reviewed by the Planning Commission staff is bringing it before the Commission for a second review. ANALYSIS Staff has identified specific criteria to be provided in a proposed "use plan" in addition to the requirements of the existing ordinance. Basically, the criteria will identify and mitigate impacts on the neighborhood. The criteria has been included in the draft ordinance accompanying this staff report and has been approved by the City Attorney ' s office. The planning staff believes a conditional use review process will allow each circumstance to be evaluated, against criteria designed to protect the quality of neighborhoods while maintaining use of structures which serve the neighborhood. RECOMMENDATION The staff recommends that the Planning Commission recommend to the City Council that this petition be approved and Section 21. 38. 060 Conditional Uses allowed in a Residential R-6 zone be amended with the addition of the changes outlined in the draft ordinance. June 27, 1990 Janice Jardine DRAFT SALT LAKE CITY ORDINANCE No. of 1990 (Amending Section 21 .38 .060.B. pursuant to Petition No. 400-777-90) AN ORDINANCE AMENDING SECTION 21.38.060.B. BY ADDING A NEW SUBSECTION 8 . DEALING WITH NONPROFIT TUTORIAL EDUCATIONAL FACILITIES PURSUANT TO PETITION NO. 400-777-90. WHEREAS, the City Council of Salt Lake City, Utah finds, after public hearing before its own body and before the Planning Commission, that it is in the City' s best interest to allow tutorial educational facilities owned and operated by nonprofit entities as a conditional use in a residential "R-6" zone. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Section 21.38.060.B. be amended by adding the following subsection 8. : 21.38.060 Conditional uses. A. * * * B. The following uses may be allowed by the Board of Adjustment as conditional uses in an "R-6" district after a favorable recommendation is made by the Planning Commission that such use is in keeping with the character of the neighborhood and is desirable and necessary for providing an adequate service for people residing in the community: 1 . through 7 . * * * 11111PirPC MINUTES April 5, 1990 Page 3 / The staff recommends this petition be approved due to the fact that the closure of this portion of Post Office Place will not significantly impair the function of the street. The closure and sale of the property to insure the preservation of an historical building is consistent with the Downtown Master Plan e' i City Policy. Mr. Dansie said the Planning Staff recommends the Planning Commission recommend to the City Council that this portion of Post Office Place is surplus land and should be closed subject to the following conditions: 1. Only the portion under the building be sold, the vaults under the sidewalk should continue to be in City ownership and leased to the building owners. 2. The property be appraised and sold at fair market value. Mr. Shawn Ferrin, the petitioner, representing Post Office Place Associates, requested the Planning Commission approve this petition. Mr. Schumann asked if a demolition preservation easement had been filed on the property. Mr. Schwab said he would have to check into the matter to find out. Mr. Schumann said he felt one needed to be filed if it had not already been done. Mr. Ferrin said he would have to discuss this matter with Post Office Place Associates. Mr. Schumann said he would like to sec this listed as one of the conditions of approval. Mr. Schumann moved to recommend approval of Petition No. 400-790 to the City Council subject to the conditions listed in the staff report as well as a third condition that the petitioner be requested to execute with the Utah Heritage Foundation, a preservation easement on the property. Mr. Bethel seconded the motion; all voted "Aye." The motion passes. Petition No. 400-777 by Thomas R. Grisley for the Literacy Volunteers of America/Wasatch Front requesting Salt Lake City to amend the Zoning Ordinance, Section 21.38.060 to include tutorial literacy education facilities operated by a nonprofit organization as a conditional use in a Residential "R-6" zoning district. Ms. Janice Jardine presented the staff report and stated that The Literacy Volunteers of America/Wasatch Front is requesting Salt Lake City to amend the text of the Salt Lake City Zoning Ordinance, Section 21.38.060 Conditional Uses, to include tutorial literacy educational facilities operated by a nonprofit organization in a Residential R-6 zone. Ms. Jardine stated that the additional planning issues to be considered in including tutorial literacy educational facilities as a conditional use in a Residential R-6 zone include 1) the increase of intensity in use of the building on a daily basis, 2) change to the character of the building, and 3) adequate existing off-street parking for the increase in use. Ms. Jardine added that the Planning Staff believes a conditional use review process will allow each circumstance to be evaluated against criteria designed to protect the quality of life of City neighborhoods while maintaining use of structures which serve the neighborhood. 4 Pr/ PC MINUTES April 5, 1990 Page 4 Ms. Jardine pointed out that the Planning Commission members had received draft copies of the proposed ordinance revision in the packets. Ms. Jardine said the staff would work with the City Attorney's office to make sure the criteria established is coordinated with the uses that are allowed. She added that because planning issues are the key to evaluating each circumstance and because the impact of these conditional uses generally impacts neighborhoods larger than the surrounding and abutting properties, the staff recommends the conditional use review be entirely under the purview of the Planning Commission and not the Board of Adjustment. Ms. Jardine stated that the Planning Staff recommends the Planning Commission recommend to the City Council this petition be approved and Section 21.38.060 Conditional Uses allowed in a Residential R-6 zone be amended with the addition of the changes outlined in the draft ordinance. Ms. Jerri Bucknam, representing the Literacy Volunteers, stated that the building is currently being used less intensely than when the building was used as a nursing home. She added that the current parking needs are also less than the parking needs were for the nursing home. Ms. Jardine pointed out that the request before the Planning Commission was for an ordinance text change and the actual request for a conditional use for the Literacy Volunteers would come before the Planning Commission for the conditional use if the text change is approved by the City Council. Mr. Schumann moved to recommend to the City Council the request to amend the text of the Ordinance, Section 21.38.060 as outlined in the proposed draft submitted by the Planning Staff, with the understanding that the draft ordinance will be submitted to the City Attorney's office for organizational editing. Mr. Nicolatus seconded the motion; all voted "Aye." The motion passes. INFORMAL HEARING - Petition No. 400-664 by Scott Larson requesting Salt Lake City establish the Sixth East Parkway/Tenth Ward Historical District located from South Temple to 900 South between 500 and 700 East Strocts and from 700 to 1000 East Streets between 400 and 600 South Streets. Ms. Liddle-Gamonal stated that no decision would be made at this meeting, but that E Jlic input would be gathered for consideration. Mr. Bil Schwab stated that historical districts are intended to preserve and protect the historic and architecturally significant buildings, structures, sites, monuments, streetscapes and neighborhoods. Mr. Schwab stated that according to the Zoning Ordinance governing Historical Districts, the regulations for both the base zoning district and the overlay of the historical district or landmark site shall apply. Whenever there is a conflict between the regulations of the zoning district and the regulations of the historical landmark ordinance, the more restrictive regulations shall apply. CAw.. gal 1 b V.v E J J THOMAS R. GRISLEY ATTORNEY AT LAW 185 SOUTH STATE STREET POST OFFICE BOX 11898 SALT LANE CITY, UTAH 8-I147 18011 532-1234 FAX 18011 539-1346 November 22, 1989 Salt Lake City Planning Commission City County Building 451 South State Street, Suite 406 Salt Lake City, Utah 84111 Re: Application for Zoning Amendment Literacy Volunteers of America/Wasatch Front To Whom It May Concern: Enclosed please find an Application for Zoning Amendment filed in duplicate seeking to amend the text of Zoning Ordinance, Section 21 . 38 . 060 to include tutorial literacy education facilities operated by a nonprofit organization. The requisite attachments have been provided with this application. Please process this application at your earliest convenience. If you have questions or comments please contact the undersigned. Sincerely yours, PARSONS, BEHLE & LATIMER . - _ , Thomas R. Gri ey TRG/lm Enclosure cc: Mr. Donald Hausen 22saltla.ltr c ^ APPLICATION FOR ZONING AMENDMENT To be filed in duplicate with the department of Development Services 324 South State Street Suite #201 Filing Fee $100 . 00 Advertising Fee* $100 . 00 ( *if a public hearing is held) Application is hereby made to the Mayor and City Council of Salt Lake City, Utah, to: Amend the text of the Zoning Ordinance. By amending Section 21 . 38 . 060 . Amend the Use District (Zoning) Map. Of Salt Lake City by reclassifying the following property located at: n/a from a n/a classification to a n/a classification (Use reverse side for legal description) ATTACH TO APPLICATION 1 . The reasons why the present zoning is not proper for the area. 2 . Changes which have taken place in the area which justify a change in zoning. 3 . Description of the proposed use to be made of the property. 4 . Other items which justify a change in the existing property. 5 . Indication of support for rezoning from all affected property owners . 6 . Any other information or exhibits which would aid the Planning Commission in arriving at a proper recommendation. 7 . Sidwell Parcel Identification Number. THE ABOVE INFORMATION, IN DETAIL, MUST ACCOMPANY THIS APPLICATION IN ORDER FOR THE PETITION TO BE PROPERLY CONSIDERED BY THE PLANNING COMMISSION. Z t" wP Signature of the applicant . ,,u ._&ddress /7S4/ 6 vo 0/ sG r Lir- Telephone Number 3. -5 oKZip Code ff¢i/(o FILL OUT REVERSE SIDE Attach all exhibits and supporting data to application. Petition No. Date Receipt No. Amount $ page 2, reverse side Sidwell Parcel Identification Number. #P-760-573-272 . Legal Description of the property covered in the application: Beginning at the Northeast Corner of Lot 8 , Block 61 , Plat "C" , Salt Lake City Survey, and thence running West 4 rods; thence South 115 . 5 feet; thence East 4 rods; thence North 115 . 5 feet to the point of beginning. Desired Zoning Change: ( Insert after 21. 38 . 060 B( 6) : "7 . Tutorial literacy education facilities operated by nonprofit organizations . " (Remove) : "7 . " (Substitute) : "8 . " Names and mailing addresses of all abutting and/or affected property owner: 1 . Fred Peak, Unit Director address 567 West 300 North 2 . Zina Lemke address 129 North 600 West 3 . Pete R. Armijo address 147 North 600 West 4 . E . Segura address 205 North 600 West 5 . Dawn M. Gardner address 215 North 600 West 6 . Delores Quesada address 235 North 600 West 7 . Petra Gomez address 237 North 600 West 8 . Charles Sarge address 245 North 600 West 9 . Barbara Sarge address 245 North 600 West 10 . Wayne Jorden address 567 West 300 North 11 . Leonard Hadley address 249 North 660 West 12 . Donald Hausen address 169 North 600 West 13 . Ric Toomer, Rosewood address Terrace Nursing Home address 158 N. 600 West 14 . Michelle Godina address 613 West 200 North 15 . address Use additional sheet of paper for more names and addresses . ATTACH ALL INFORMATION AS OUTLINED ON THE FRONT OF THIS FORM. SALT LAKE CITY PLANNING COMMISSION 324 SOUTH STATE STREET Suite #200 SALT LAKE CITY, UTAH 84111 Ph: 535-7757 page 2 , reverse side Addendum 1 . The present zoning is proper provided that Section 21 . 38 . 060 of the zoning code for Salt Lake City be amended to include nonprofit tutorial literacy education as a conditional use for R- 6 zoning districts . 2 . No change in zoning is necessary provided that Section 21. 38. 060 be amended as outlined above in #1. 3 . Literacy Volunteers of America- Wasatch Front recruits, interviews and trains volunteers who are then asked to commit themselves to one hundred hours of tutoring per year in Basic Reading and/or in English as a Second Language . The tutors are matched with students who have been interviewed and pre-tested to determine level of competency. The student/tutor match is supported with inservice training four times a year, activity programs and recognition events three times a year, and a newsletter four times a year. A monthly contact is made with each student and tutor to determine progress and to offer support. A post-test is administered to determine the competency level obtained by the student. Tutors will be recruited, as in the past, from the Bennion Center and from community schools . Additional tutors will be sought at the Salt Lake Boys and Girls Club, from the Scout Organizations , from the Hidalgo Center, and from Rosewood Terrace Nursing Home. Thus the project benefits not only disadvantaged students, but also the disadvantaged elders, youth, and minoriti :s who will learn valuable teaching/communication skills and who will improve their own self esteem in the process . The center on 600 West will provide a comfortable, non- threatening environment for those residents who can no longer attend school because of age, employment, family problems, childcare difficulties , and/or emotional inability to cope with the school setting. The building was once a nursing home with all the attendant handicapped facilities needed to serve aged and handicapped people. All areas have been brought up to Salt Lake City code for equipment, electrical and plumbing. 4 . No change in zoning is necessary provided that Section 21 . 38 . 060 be amended as outline above in #1. 5 . Attached below please find supporting documents from neighboring residents who will use the facility. Included among these residents ate the elderly of Rosewood Terrace, 158 North 600 West, who are eager to train as tutors in the "Elders Around the World" program. They will benefit from the handicapped equipment already in place at the Center, but will need additional well-heated space. A-1 Addendum (continued) Included among the supporting documents is a letter from Fred Peak, Unit Director of the Salt Lake City Boys and Girls Club, 567 West 300 North. Youth from this organization will also be recruited both as students and as tutors . Neighboring renters and homeowners signed some of the enclosed letters because they are happy to see the building change from a condemned drug dealing center to a clean, well- kept learning center. 6 . Attached please find copy of organizational chart of Literacy Volunteers of America- Wasatch Front and floor plan of the facility at 175 North 600 West. 7 . Sidwell Parcel Number P-760-573-272 . A-2 n r rwel SAL. ' , KI J 0111 J R R ION(MIKE ZUHL LEE KING INTERIM DIRECTOR DEPUTY DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 418 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 To: Salt Lake City Council July 30, 1990 Re: Petition No. 400-812-88 submitted for the Church of Jesus Christ of Latter Day Saints. Recorrmendation: That the City Council hold a non advertised publish hearing on September 4, 1990 at 6:40 p.m. to discuss Petition No. 400-612- 88 submitted by the Church of Jesus Christ of Latter Day Saints. The petitioners are requesting that Gordon Place between Main and State Streets be vacated. Availability of Funds: Not applicable. Discussion and Background: The properties fronting on Gordon Place were never part of a subdivision and dedication of the street was never requested. The City Attorney's Office has determined that since the Gordon Place right-of-way has the appearance of a street and the City has in the past provided services i.e. Snow removal and garbage collection, the petition should go through a formal street closure process with a hearing before the City Council. The right-of-way has been used by the public as a street since at least 1889 for pedestrian and vehicular access. This petition has boon reviewed by the Planning Commission and the Historical Landmark Committee and they have recommended approval with the stipulation that a right-of-way or easement be provided on the property to ensure public pedestrian access through the property. This right-of-way will become part of a walking trail system proposed in the Open Space Plan. Legislative Action: 'The City Attorney's Office has prepared and approved the necessary ordinance and it is ready for your action. ubmitted by: CHAEL B. Z Interim Direc Community & Economic Development SALT LAKE CITY ORDINANCE No. of 1990 (Vacating Gordon Place between Main and State Streets pursuant to Petition No. 400-612-88, subject to certain conditions) AN ORDINANCE VACATING GORDON PLACE BETWEEN MAIN AND STATE STREETS PURSUANT TO PETITION NO. 400-612-88, SUBJECT TO CERTAIN CONDITIONS. WHEREAS, the City Council of Salt Lake City, Utah, finds after public hearing that the City' s interest in the public street and right-of-way described below is not necessary for use by the public a street and right-of-way and that vacation of said street and right-of-way will not be adverse to the general public' s interest. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Gordon Place, between Main and State Streets, which is the subject of Petition No. 400-612-88, and which is more particularly described below, be, and the same hereby is, vacated and declared no longer to be needed or available for use as a public street or right-of-way, SUBJECT TO certain conditions. Said street and right-of-way is more particularly described as follows: DESCRIPTION OF 10 FOOT WIDE RIGHT OF WAY A 10 FOOT WIDE RIGHT-OF-WAY, 5 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT NORTH 0°02 ' 13" WEST 99.00 FEET FROM THE SOUTH CORNER OF LOT 4, BLOCK 93, PLAT "A" , SALT LAKE CITY SURVEY AND RUNNING THENCE NORTH 89°58 ' 50" EAST 298.00 FEET. GORDON PLACE - RIGHT-OF-WAY DESCRIPTION BEGINNING AT A POINT SOUTH 90.75 FEET FROM THE NORTHEAST CORNER OF LOT 7, BLOCK 93, PLAT 9D 0� "A" , SALT LAKE CITY SURVEY, AND RUNNING S 6 THENCE EAST 36 .22 FEET, MORE OR LESS, TO THE WEST LINE OF STATE STREET; THENCE SOUTH 12.00 FEET; THENCE WEST 168.22 FEET, MORE OR LESS, THENCE NORTH 81°16 ' WEST 116. 85 FEET; THENCE NORTH 2. 5 FEET; THENCE WEST 114.5 FEET; THENCE NORTH 16. 5 FEET; THENCE EAST 114. 5 FEET; THENCE NORTH 1 .0 FEET; THENCE SOUTH 82° 14 ' EAST 83 . 26 FEET, MORE OR LESS; THENCE SOUTH 1 . 43 FEET, MORE OR LESS; THENCE SOUTH 76°09 ' EAST 53 . 97 FEET; THENCE EAST 112 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINS 0 . 15 ACRES, MORE OR LESS. SECTION 2. RESERVATIONS AND DISCLAIMERS. The above vacation is expressly made SUBJECT TO all existing rights-of-way and easements of all public utilities of any and every description now located on and under or over the confines of the property and also SUBJECT TO the rights of entry thereon for the purposes of maintaining, altering, repairing, removing or rerouting said utilities, including the City' s water and sewer facilities, and all of them. SECTION 3. CONDITION. This ordinance shall not become effective until the petitioner grants to the City, in a form acceptable to the City, a perpetual easement for public pedestrian access through the property. -2- SECTION 4. EFFECTIVE DATE. This ordinance shall become effective on the date of its first publication. The City Recorder is instructed not to publish this ordinance until the Mayor certifies that the condition in Section 3 above has been met. If the condition has not been met within one year from the date of this ordinance the Mayor may extend the time for compliance an additional year. If the condition has not been met within any extension this ordinance shall be null and void and of no effect. Passed by the City Council of Salt Lake City, Utah, this day of , 1990. CHAIRPERSON ATTEST: i CITY RECORDER " Transmitted to the Mayor on Mayor' s action: Approved Vetoed. MAYOR ATTEST: CITY RECORDER -3- • (SEAL) BILL NO. OF 1990. Published: BRB:rc -4- S Pr' exyget, aosi ALLEN C. JOHNSON. AICP PLANNING AND ZONING PLANNING DIRECTCR COMMISSION MEMBERS: COMMUNITY AND ECONOMIC DEVELOPMENT WILLIAM T. WRIGHT. AICP RALPH BECKER DEPUTY DIRECTOR PLANNING DIVISION - DAN BETHEL SUPERVISOR LONG RANGE PLANNING Planning and Zoning Commission CINDY CROMER AND URBAN DESIGN THOMAS A. ELLISON SANDRA MARLER 451 SOUTH STATE STREET LAVONE LIDDLE-GAMONAL SECRETARY ROOM 406, CITY AND COUNTY BUILDING RICHARD J. HOWA RALPH P. NEILSON SALT LAKE CITY, UTAH 84111 GEORGE NICOLATUS July 9, 1990 TELEPHONE 535-7757 JOHN M. SCHUMANN . Mike Zuhl, Interim Director • Community and Economic Development City and County Building Salt Lake City, UT 84111 Re: Petition 400-612 - Gordon Place Dear Mike: • Attached please find the above referenced 1-,etiti,)n 1-y,, the ,LDS Church requesting Salt La!-Ie Citv to vacate G.-)rd:-.,n Place between Main and State Streets . The properties fronting on Gordon Place were never part of a subdivision and dedication of the street was never requested. All properties, except the Tlimball Apartments, 1150 North Main, were purchased by the LDS Church and are now in one ownership. Prior to this sale each parcel had ownership in the existing right -of-way. The City Attorney ' s office has determined that since the Gordon Place right-of-way has the appearance of a street and the City has in the past ps cvi ded services ( ie. snow removal and garbage collection ) the petition should go through a formal street closure process with a hearing before the City Council . The right - 7-way has been used by the puhlic as a street since at least H09 for pedestrian and vehicular access. The Planning Commission and the Historical Landmark Committee recommend approval of this petition with the stipulation that a right -of-way or easement he provided on the property to ensure public pedestrian acces..., through the property. This would allow the City to maintain an interest in the property while allowing the public to use the proposed walkway and allowing the LDS Church to develop the site. This right of way will become part of a walking trail system proposed in the Open Space Plan. . Page 2 Mike Zuhl July 9, 1990 Re: Petition 400-612 - Gordon Place If you have any questions, please call Bil Schwab or roc. Sind 41y, `�Al leif C. J )hn_on, AICP P1anjlirig D rector attachment AC3: J3 PC MINUTES • • Page 4 September 14, 1989 Mr. Bill Wright pointed out that a formal hearing would be held on this matter by the Mayor's Hearing Officer. Ms. Liddle-Gamonal moved to recommend denial of this petition to the Mayor's Hearing Officer. Mr. Howa.seconded the motion; all voted "Aye." Petition No. 400-612 by the LDS Church requesting SLC to vacate Gordon Place between Main and State Streets. Mr. Bil Schwab presented the staff report and stated that Zions Securities Corporation is requesting Salt Lake City Corporation vacate a prescriptive use right-of-way on Gordon Place, 150 North State between State and Main Streets, and relinquish all interest in the property. The street has been used by the public since at least 1889 for pedestrian and vehicular access. Demolition of 17 structures on Gordon Place occurred in August 1989. The properties fronting on Gordon Place were never part of a subdivision and, therefore, dedication of the street was never requested. All properties, except the Kimball Apartments, 150 North Main Street, were purchased by the LDS Church and are now in one ownership. Prior to this sale each parcel had ownership in the right-of-way. The Historical Landmark Committee reviewed and approved demolition of the houses with a reco!t ndation • that the City maintain a prescriptive use right-of-way or an easement to • insure that future development would include the public interest and allow public access through the property. The LDS Church has, in concept, agreed to comply with this request. The post demolition plan submitted shows a landscaping development plan to be implemented in three phases. A public walkway is included along with the restoration of four houses fronting on North State Street. The LDS Church wou1' maintain and provide security to the property. Existing records show that the petitioner .is the title holder and owner of the parcels in question where the right-of-way exists. A closure or vacation hearing before the City Council is necessary pursuant to Statutory Procedures, Section 27-12-89, Utah Code Annotated. This requires a recommendation from the Planning Commission. All Departments concerned with the disposing of • property have been contacted and have expressed no opposition to the street closure. If necessary, an assessment of the right to prescriptive use could be made and the yalue of that appraisal used as part of an exchange for land or improvements.• • Staff recommends the City close the street but maintain either a prescriptive use right-of-way or an easement on the property. This would allow the City to maintain an interest in the property while allowing the public to use the walkway and allowing the LDS Church to develop this site. This access would become part of a walking trail system proposed in the open space plan. Mr. Ken Money, representing Zions Securities, stated that they would prefer a limited use prescriptive use right-of-way, rather than an easement, be granted • . ./::///( ' PC MINUTES Page 5 September 14, 1989 to hie- City. He added that they are also desirous of installing gates at the entrances for security reasons. These gates would be open for pedestrian ac- :Pgs during the daytime but would be closed and locked at night. Mr. Money stated that the reasons for the limited use prescriptive right-of-way were for security reasons as well as to limit the use to pedestrians. A discussion followed on the difference between a prescriptive use right-of- way, how the prescriptive use right-of-way had come into existence, the path of the pedestrian trail, and Mr. Money's request for the limited use clause. • Mr. Howa moved to recommend approval of the street closure, that the City maintain the prescriptive use right-of-way, and that a limited use contract be developed for security reasons and limiting the use to pedestrian traffic. Ms. Liddle-Gamonal seconded the motion; all voted "Aye." Petition No. 410-018 by Utah Communications, Inc. , requesting a conditional use to construct a self-support tower to support two parabolic antennas and one horn antenna north of Ensign Peak. Mr. Allen McCandless presented the staff report and stated that this is an application by Darrell Miller from Utah Communications to the City for a conditional use to construct a self-supporting tower, not to exceed 70 feet in height, for a horn antenna and a parabolic antenna. The space for the tower is to be leased to another company by Utah Communications. A fence will be installed around the new structure. The site is located within the designated telecommunications corridor north of Ensign Peak. Relating to the construction of towers within the established telecommunications site, the City's ordinance states the Board of Adjustment may permit, upon a favorable recommendation from the Planning and Zoning Commission, a permit to use land within the P-1 district for a telecommunications facility, provided the Board finds: 1. The facility is located within the telecommunication site as described, 2. The facilities and access roads are designed and constructed so as to minimally disturb the natural terrain, 3. The owner of the tower agrees to accommodate the multiple use of the tower where feasible, and 4. The owner of the tower agrees to pay to the city the fair market rental value for the use of the site. Heights: Mr. Miller has indicated that a 110 foot high tower now exists on the Utah Communications site being the highest tower within the telecommunications site. The proposed 70 foot tower will be lower than the • existing tower. The new tower is planned to support two pieces of communication equipment. Though placed within the approved site, any substantial piece of new equipment will-be visible for miles away in both Salt Lake and Davis Counties. SALT LAKE CITY PLANNING AND ZONING COMMISSION PETITION NO. 400-612 BY ZIONS SECURITIES CORPORATION TO VACATE PUBLIC ACCESS ON GORDON PLACE ( 150 NORTH BETWEEN STATE AND MAIN STREETS) OVERVIEW Zions Securities Corporation is requesting that Salt Lake City Corporation vacate a prescriptive use right-of-way on Gordon Place, 150 "North State between State and Main Streets, and relinquish all interest in the property. The street has been used by the public since at least 1889 for pedestrian and vehicular access . Demolition of 17 structures on Gordon Place occurred in August 1989 . The properties fronting on Gordon Place were never part of a subdivision and, therefore , dedication of the street was never requested . i.T tom. q Tom- tf y.6r,.�.r , 0:0 �I9`ct/.1y1 D Its o —;..fit _.. 2 C t h ... t Ir � r r •• J• • 93.(a et, BACKGROUND All properties , except the Kimball Apartments , 150 North Main Street, were purchased by the LDS Church and are now in one ownership. Prior to this sale each parcel had ownership in the right-of-way . The Historical Landmark Committee reviewed and approved demolition of the houses with a recommendation that the City maintain a prescriptive use right-of-way or an easement to insure that future development would include the public interest and allow public, access through the property. The LDS Church has, in concept, agreed to comply with this request. The post demolition plan submitted shows a landscapinci development plan to be implemented in three phases . A public_ walkway is included along with the restoration of four houses fronting on North State Street . The LDS Church would maintain and provide security to the property . 6') Staff Report , Pet. No. 400-612 Page Two ANALYSIS Existing records show that the petitioner is the title holder and owner of the parcels in question where the right-of-way exists . A closure or vacation hearing before the City Council is necessary pursuant to Statutory Procedures, Section 27-12-89 , Utah Code Annotated . This requires a recommendation from the Planning Commission. All Departments concerned with the disposing of property have been contacted and have expressed no opposition to the street closure. If necessary, an assessment of the right to prescriptive use could be made and the value of that appraisal used as part of an exchange for land or improvements. RECOMMENDATION The staff recommends that the City close the street but maintain either a prescriptive use right-of-way or an easement on the property. This would allow the City to maintain an interest in the property while allowing the public to use the walkway and allowing the LDS Church to develop this site. This access would become part of a walking trail system proposed in the open space plan. BS/pm September 7 , 1989 * Field trip leaves promptly at 4:00! AGENDA PLANNING AND zCNNING copmmasslai MEETING SEPTEMBER 14, 1989 5:00 p.m. 451 South State Street, Rocm 126 • 1. APPROVAL OF YENUTES 1 .. R THURSDAY, AUGUST 24, 1988. 2. CONSENT CALENDAR a. Historical Landmark Cases from September 6, 1989. 3. PErTTTIICNS * a. Petition No. 500-68 by George P. Garcia dba "Linda's Lounge" requesting an appeal of Section 6.08.120 for a Class "C" beer license at 28 North 900 West which is within 600 feet of a church and a park. * b. Petition No. 400-612 by the LDS Church requesting SLC to vacate Gordon Place between Main and State tr ts. 1)— , �J '4-1'1- ram, - 4: CONDMOINAL USE PI Ln'ICNS /°'-' ;/ / * a. Petition No. 410-018 by Utah Communications, Inc. , requesting a conditional use to construct a self-support tower to support two parabolic antennas and one horn antenna north of Ensign Peak. *X Petition No. 410-012 by Carman and Associates requesting a conditional _use approval at 420 South 500 East for a specialty type automobile service center in a Commercial "C-1" zoning district. * c. Petition No. 410-007 by Robert Smith for Salt Lake Clinic requesting a conditional use to construct a parking lot in a Residential "R-6" zoning district located at 935 East 400 South. 5. PLANNING ISSUE; a. Discuss Airport Gateway Redevelopment Plan. b. Discuss Site Development Ordinance. 6. CJ11fR BUSINESS a. Subcommittee Reports. rl ALLEN C. JOHNSON l MEMBERS: PLANNING DIRECTOR CINDY CROMAR I 0 FAIT, t THOMAS A. ELLISON VERENE SEARS SALT L.A--�K�'E�.,CRT 7 a RPO �A ;IONS LAVONE LIDDLE-GAMONAL SECRETARY ��,•...l�a -��'�a'' ,_- ���•s\.Y���a�•.� RgLpH P. NEILSON Ex-OFFICIO MEMBERS: DEPARTMENT OF DEVELOPMENT SERVICES GEORGE NICOLATUS MAYOR OF SALT LAKE CITY Planning and Zoning Commission WILLIAM PRICE CITY ENGINEER 32'4 SOUTH STATE STREET, ROOM 2OO- JOHN M. SCHUMANN CITY TRAFFIC ENGINEER SALT LAKE CITY, UTAH 84111 F. KEITH STEPAN CITY BUILDING OFFICIAL PETER 535-7757 KATHYKATHYA WACKER June 30, 1988 TO: Craig E. Peterson FROM: Bil Schwab RE: Gordon Place, L.D.S. Church, and Historical Landmark Committee (EEC) , Cases #745, 757, 758 The Historical Landmark Committee (HLC) heard a request by the L.D.S. Church on April 6, 1988 requesting demolition of all structures on Gordon Place (approximately 150 North on North State) . The proposal included 18 structures on Gordon Place and four structures on North State. A conceptual park plan was submitted as the post-demolition plan. During the first committee meeting several issues were addressed: the importance of the area's location to downtown, the desire to develop alternatives to demolition that could be developed if the L.D.S. Church would participate in a Master Plan because of its many properties in the surrounding area which are under HLC's preview. The representatives of the Church were requested to go back and ask if these issues could be dealt with. The following Friday, representatives of the Church and City staff met, and it was reported at that meeting that the Church was not interested in examining any options to demolition, and they did not want to participate in the Master Plan. As as result, negotiations ended. A great deal of publicity followed this city project. It was tabled by the HLC, and not much has changed (see attached minutes) . In the early 80's the Salt Lake City Planning and Zoning Division did a block redesign proposal for Gordon Place to qualify residents for CDBG funds (attached) , but found absentee landlords to be a problem. Investment in the redevelopment of this street was speculative. As a result, lack of maintenance and neighborhood pride has left the area looking dilapidated and ( blighted. Several social problems arose over time, and the area became associated with undesirable elements. Along with these, a parking problem exists where most people park in the front yard. • • Craig E. Peterson June 30, 1988 Page 2 Over time, the conversion of single-family residential homes into apartments, without the required off-street parking, has complicated and compounded the parking situation. Also, to the south, the L.D.S. Church constructed a large computer center, which somewhat created an intrusion into the neighborhood and created an air of speculation as to the future of Capitol Hill. This left a stifling effect upon any future investment into Cordon Place. Several of the houses on State Street were renovated. Because of LI - lack of reinvestment into existing housing, the plans and future of Cordon Place have been tenuous. Deterioration has become a compounded effect. It was reported in the first meeting that the L.D.S. Church had done a report on the historical significance of the area for their own use and said there was no particular historical value to the Church. The HLC has not seen this report. The committee did not view this as being an accurate perception of the overall historical significant character of Capitol Hill. Capitol Hill is one of the gateways to the city and a vista corridor, and its historical development is important, not only physically but culturally. The HLC has taken a counter position and feels the demolition is not acceptable. Wholesale demolition is the most radical solution to the problem, whereas selective demolition could prove a viable alternative. The committee feels a plan could be developed that would work. This could become an implementive • technique of the Master Plan which calls for residential land use and housing in that area. The Zoning is "R-5." The 22 housing units proposed for demolition are comparable to an average residential city block. This is an important component to any neighborhood. The HLC perceives the role of the L.D.S. Church here as a developer, one with which a partnership can be formed to ac- _mplish an implementation of the Master Plan and together provide a pleasing environment for Salt Lake City's residents. The Kimball Cemetery is by far the most significant site on Gordon Place and is important to the L.D.S. Church, as well as the IThC. The four homes on North State Street and the future of North State Street are of prime concern to the Committee and would be the first priority in any negotiation for preservation. The treatment of the south side of the houses next to the computer center is an important element in maintaining a pleasing streetscape for North Temple. Gordon Place is important as a unique and significant site due to its location, dense development, and street irregularities in contrast to our normal downtown wide, straight streets. There is no other street with close proximity to downtown with these unique characteristics. This street shows an historically irregular development pattern and the division of the old Kimball property as it developed and water became accessible. The City does not have ownership in Gordon Place as a street but has an established legal right of access which will need to be resolved through negotiations with the City. The present feeling of the Committee is that the right of access should be kept and worked into any future plans. Craig E. Peterson June 30, 1988 Page 3 • One of the requests of the HLC was to have the L.D.S. Church participate in a master planning process which would involve most of the properties they own. For the City to properly provide services and create an adequate infrastructure, even if a park is constructed, city services such as police and fire will still have to be considered. Because of the L.D.S. Church's sole ownership of the property, many more alternatives for the land and saving Gordon Place can be developed. Some of the alternative uses which could be accommodated are housing for visiting dignitaries to the L.D.S.- Church who would enjoy a neighborhood setting or something similar to a bed and breakfast. It could be developed as an historical PUD, condo or private, with developed restrictive covenants to regulate problems. It could also become part of an historical urban trail system, linking Temple Square with the cemetery, Capitol Hill, Memory Grove, Social Hall Avenue, the City-County Building and the Brigham Young Ceretery. This trail could tell a story of the history of the City along with other historical elements. There has been interest by outside people to buy and restore these holes, along with volunteers of architectural, financial assistants, and other concerned residents. The Utah Heritage Foundation has met with the L.D.S. Church, Henry Eyring, First Counselor in the Presiding Bishopric, and others from the Church to discuss this matter. They have pledged the Foundation's financial and professional services to resolve this matter. There have been many success stories in redevelopment of streets in Salt Lake City. Some examples of these are Quince Street, Almond, Girard, Pierpont, Gray, Hillside, South Temple, and other historical projects that show what sensitivity, time, work, and cooperation can accomplish. There are some extraneous issues that relate to this project but which do not deal with Gordon Place directly. Some of the issues which complicate the situation at this time are concerns from the Capitol Hill Community Neighborhood Council and adjacent residents. The City is in the process of updating the Capitol Hill Master Plan, is involved in a rezoning petition, a redesign of City Creek, North Temple, North State intersection, along with Second and Third Avenues being changed back to two-way traffic, the potential for closing off Main Street plus other zoning issues which complicate this matter. The issued indirectly relate to each other and are hard to separate from the sole issue of Gordon Place. They all directly relate to the Capitol Hill area. The FIT,C has tabled the project for further negotiation by the L.D.S. Church. The L.D.S. Church will notify H112 when they want to be placed on the next agenda. The L.I .S. Church is presently developing a detailed landscape specification plan as requested by the Committee. The Committee would like to understand the goal of the Church in order to further negotiate the issue and help in resolving the demolition issue. SALT'LAKES CITY GORPORATION: FINANCE DEPARTMENT LANCE R. BATEMAN. CPA Purchasing and Property Management Division PALMER DEPAULIS DIRECTOR OF FINANCE 324 SOUTH STATE STREET MAYOR 5TH FLOOR SALT LAKE CITY, UTAH 84111 PURCHASING (801) 535-7661 PROPERTY 535-7133 June 2, 1988 TO: Bill Schwab Planning & Zoning FROM: Eric H. Thorpe Property Manage RE: PETITION NO. 400-612, LDS CHURCH REQUEST TO VACATE GORDON PLACE According to the zoning information we have, the property abutting Gordon Place is zoned both C-1 and R-5. Given current zoning and the fact that all abutting property has been acquired by one individual entity, City policy and practice would both dictate that Gordon Place be closed and • sold rather than vacated. However, the issue of whether or not the City has a deeded or dedicated interest in Gordon Place really should be resolved before a final recommendation is made by us in this matter. I recommend that either the LDS Church or the City have the title to Gordon Place abstracted to make a determination of ownership. If the City does have an interest in this property, then my recommendation would stand. If the City does not have an existing interest in this property, then I will modify my recommendation accordingly. If you have any questions on this, please call me at ext. 6308. Thank you. EHT/jg cc: G. L. Failner c. 7/10/e ROGER F. CUTLER SALT'LAKP CITY' CORPORATION ASSISTANT ATTORNEYS CITY ATTORNEY -r...._..a:v► -araa1n,d �sun.m w.a•.-,.�:. .,i .c.. RAY L. MONTGOMERY CHERYL D. LUKE LAW DEPARTMENT GREG R. HAWKINS LARRY N. SPENDLOVE CITY PROSECUTOR 32'4 SOUTH STATE FIFTH FLOOR STEVEN W. ALLRED SALT LAKE CITY, UTAH 84111 BRUCE R. BAIRD (801) 535-7788 FRANK M. NAKAMURA ASSISTANT PROSECUTORS JOHN N.SPIKES DONALD L, GEORGE June 22, 1988 CECELIA M. ESPENOZA RICHARD G. HAMP Bill Schwab Planning & Zoning Division 324 South State Street, Room 200 Salt Lake City, Utah 84111 Re: Petition No. 400-612 - LDS Church Request to Vacate Gordon Place Dear Bill: Your memo to Roger of May 20, 1988 did not reach me until after your deadline. Nevertheless, my apologies for not responding sooner. The decision you ask for is a policy one instead of legal . Whether we own it or not, vacating as a public street merely means the City has no further interest in, and no responsibility for it. From what you have provided, there is no legal reason why the City could not vacate the street. Very truj:y yours, RAY 'L. MONTGOMERY 1 Assistant City/Attort`Sey RLM:pp :;_.� • SALT' r E OIciw ORPORATION TRANSPORTATION ENGINEERING 333 SOUTH 200 EAST, SUITE 201 PALMER DEPAULIS SALT LAKE CITY, UTAH 84111 JOSEPH R. ANDERSON MAYOR PUBLIC WORKS DIRECTOR (801) 596-5142 May 26 , 1988 • Bill Schwab Planning and Zoning 324 South State Street Salt Lake City , Utah 84111 Re : Petition 400- 612 ; Vacate Gordon Place from Main Street to State Street • Dear Bil : The Division of Transportation recommends approval of the LDS Church request to vacate Gordon Place from Main Street to State Street if all the properties legally needing and using Gordon Place as access to each property has been purchased by the LDS Church . All usage and access rights associated with the private roadway should be purchased by or relinquished to the LDS Church before vacating the right -of -way . Sincerely , John G . Van Hoff , .E . , L . S . Traffic Engineer I JGVH/ sc cc : Steve Meyer Barry Walsh File SALT'LAKE., CITY(G,ORPORATIO DEPARTMENT OF PUBLIC WORKS PALMER DEPAULIS City Engineering Division MAX G. PETERSON, P.E. MAYOR 444 SOUTH STATE STREET CITY ENGINEER SALT LAKE CITY, UTAH 84111 535-7871 TO: BILL SCHWAB, PLANNING AND ZONING FROM: HARRY EWING , ENGINEERING ,, DATE : JUNE 14 , 1988 SUBJECT: PETITION NO. 400-612 We are returning our review comments on Petition 400-612 from the LDS Church requesting the City vacate Gordon Place. Attached is a letter dated February 27 , 1984 , at which time this department did some research into the ownership of Gordon Place . This letter should be helpful in sorting through the ownership question . This department has no plans for the development of the street , therefore , we recommend approval of the petition by vacation and sale of property. HE:kg cc : Vault SALT LAKE CITY NEM PueucyvoexS . CITY ENGGNEERING PALMER DERMA Tel: City&County Building 84111 TED WILSON ?MC C coons ra tel:(801)535 7872tiro. February 27, 1984 • Palmer DePaulis Director of Public Works Room 114- City & County Building Salt Lake City, Utah 84111 Dear Palmer: A property research was done on Gordon Place to determine whether the right-of-way is public or private. Gordon Place is located at 150 North and runs east/west from '!gin Street to State Street. It is shown on Block 93 Plat "A" Salt Lake City Survey of the Salt Lake County Ownership Plat. Gordon Place is not shown on the official survey of Plat "A" Salt Lake City • Survey dated 1904. From Main Street running east to the interior of the block , 298 feet more or less , Gordon Place is a 10 foot private right-of-way as defined cn legal descriptions provided by the Salt Lake County Assessors Office. When entering Gordon Place from State Street and running west the right-of-way is 16.5 feet and continues 362 feet where it abuts the aforementioned private portion. A clear cut decision cannot be made on ownership of the east half of Gordon Place because of inconsistencies on ownership plat, plat book and legal descriotions . However, each and every legal description checked did not include any part of the Gordon Place right-of-way into private ownershio. In other words no one is being assessed taxes on said property. Under the assumption that if no one is paying taxes on said property and it is open for public use, the City Policy is to classify Gordon Place as a public alley. Without a detailed title search, the Gordon Place right-of-way is assumed to be pubic. Very truly yours, G. Peterson City Engineer MGP:jkd cc: SydTay Fonnesbeck, Jim Paulford, Jerry Blair, File 4// c2clifeidi - -, /,,v,./�; )- �0,v;,u it. .' -M//ft,v ' effV0-‘,/,--'- L',/d1„a:: -,,,;1-,(.'4-4,v• /, (Zec-:- ZC„?✓e_ ZC ./• /lSr'l ''C' 7.f' . r7)/ 5 441 l4 7 ''''4V O �il(_?-z iV G• ( :(ls /icvY e7/ee(VZ:�f /-'/2/ )7.A/f . , iVz// ' .l'/S`//i/,- /ZOci5,f/✓l' r7N 7 _, .J/,',r'f'/ 7 5 l K'W(2//S/'GZ ., — g, ,, 5—7,/n-C/ (4(ZvTf/- //5/5 / :,'c %.5- mil �'l" 1 /?t' 7�611_ r_ f_s l A k-( J r /C it,e di , „/�Z. '/ _ �e<dPss 7.2., /.i� llL-,, C ,-l(//. A !/f/--:,',- I'l/-z(f/Wi_s' A7 0? ' z%'',Vt Z r: (;ter_ 7,-, r �,li • � -'p/�`j('_/., / / f ii ' . 7Y7/ ,4_,L A ,,,,-. 'M-2.-(A ''./(t1 LEROY W. HOOTON, JR_ DIRECTOR WENDELL.E. EVENSEN, P.E. SUPERINTENDENT w+ SALT' ,ua,T S WATER SUPPLY Q WATERWORKS f i` ` TYt CORPORATION' ..>w...�nw nrnyrtu-�� ay.sam �.r•�>.;z,:r�.�w.�.v.--. ._• E. s E N ENO T DEPARTMENT OF PUBLIC UTILITIES WATER RECLAMATION WATER SUPPLY & WATERWORKS PALMER DEFAULTS JAMES M. LEWIS, C.P.A. WATER RECLAMATION CHIEF FINANCE a 1530 SOUTH WEST TEMPLE MAYOR ACCOUNTING OFFICER GEORGE JORGENSEN, P.E. SALT LAKE CITY, UTAH 84115 CHIEF ENGINEER June 17 , 1988 TO: Bill Schwab Planning & Zoning FROM: E. T. Doxey Water Reclamation Superintendent RE: PETITION NO. 400-612 - LDS CHURCH REQUEST OT VACATE GORDON PLACE We appreciate receiving plans for the above noted petition . Inasmuch as there are water and sewer facilities that exist on Gordon Place , it will be necessary for the petitioner to arrange with the Public Utilities Department to plug and abandon those facilities in a manner that other customers will iot be affected . If these arrangements cannot be made , then the Public Utilities Department will have not other choice than to ,¢ppose the closure of Gordon Place . We have enclosed, for your information, water and sewer maps of the area . If you have any further questions, please feel free to give me a call . ETD/co FORMS : 6 • SALT LAKE CITY PLANNING CCNMISSICN • DATE: May 20, 1988 T0: Roger Cutler • City Attorney FRCM: Bil Schwab Planning & Zoning RE: Petition No. 400-612 - LDS Church request to vacate Gordon Place Attached please find Petition No. 400-612 from the LDS Church requesting that the City relinquish it's right to public access on Gordon Place. As stated in their letter the LDS Church recently purchased all the homes on • Gordon Place and intend to demolish them and build a park. A demolition permit has not been approved as yet. I have checked the pre-sidwell plats and this street is shown as a right of way. Engineering shows Gordon Place as a private street in their street file. Please review this petition and provide us with your opinion on the City relinquishing the public's right to access on Gordon Place. I would appreciate receiving your comments by May 27, 1988. • • SALT LAKE CITY PLANNING Q"M.IISSICN DATE: May 20, 1988 T0: FROM: Bil Schwab Planning & Zoning RE: Petition No. 400-612 - LDS Church request to vacate Gordon Place Attached please find Petition No. 400-612 from the LDS Church requesting that the City relinquish it's right to public access on Gordon Place. As stated in their letter the LDS Church recently purchased all the homes on Cordon Place and intend to demolish them and build a park. A demolition permit_:.as not been approved as yet. I have checked the pre-sidwell plats and this street is shown as a right of way. Engineering shows Gordon Place as a private street in their street file. Please review this petition and return your comments to me by May 27, 1988. -- z� 1 6 • cyj,_ 7_ ,• ,,=) •, • _ _ . •.1 REAL ESTATE DIVISION Reference reply to: Twelfth Floor #533-9235 50 East North Temple Street UT SLC Res Salt Lake City. Utah 84150 Cordon P1 Pnone(801) 531-2929 April 18, 1988 The Honorable Palmer DePaulis Mayor of Salt, Lake 324 South State Salt Lake City, UT 84111 Dear Mayor DePaulis: The Church recently acquired all of the properties located on 150 North Cordon Place. (150 North State, see map attached). Since the Church now owns Cordon Place Street, we are requesting the City to vacate the public access to this street from Main Street and State Street . Sincerely yours, { Verlin Nicholes Representative Real Estate Division VN:cj Attachment cc: Bil Schwab - _ _ x 16ri L � l t July 6, 1990 Mr. Alan Hardman, Chairman and the Salt Lake City Council Salt Lake City Council Office 324 South State, Third Floor Salt Lake City, Utah 84111 Dear Chairman Hardman and Council Members: Subject: An ordinance enacting Section 16.12.155 of the Salt Lake City Code imposing apron use fees for off-airport in-flight caterers using Airport facilities. Fiscal Impact: Imposes a use-fee of 7% of Airport gross sales to any person engaging in food and beverage in-flight catering services at the Airport. Discussion: Salt Lake City Code does not currently address or provide for a use fee associated with an off-airport catering company. Presently there are two on-airport caterers, both of which are operated by Caterair. Our agreements with Caterair provide for a significant reduction in minimum guaranteed rentals should an additional flight kitchen be located on or off Airport which provides service at the Airport. In addition, the use fee for an off-airport operator can be readily calculated inasmuch as the caterer's operation would be principally dependent on airport presence. Based on the current 8% of gross receipts fee charged to on-airport operators, it is my recommendation that a fee of 7% be charged to any off-airport caterer. The 1% difference is based on the facility value to Caterair. In conjunction with the above rate setting analysis, staff performed a survey with various other airports to further evaluate this approach. Of the airports surveyed those who have established fees for off-airport catering have established equal rates if both on and off airport operators are required to rent or construct their own facilities and where the rent is a portion of the concession fee a lesser charge has been established. I have also reviewed this fee with and received the approval of the Airport Authority Board at a public meeting held June 6, 1990. Recommendation: It is therefore requested that you approve the ordinance enacting Section 16.12.155 as I have outlined it. Respectfully submits , • ,Louis E. Miller Enclosures SALT LAKE CITY ORDINANCE No. of 1990 (Apron Use Fees) AN ORDINANCE ENACTING SECTION 16 . 12 . 155 OF THE SALT LAKE CITY CODE, RELATING TO APRON USE FEES. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Section 16.12 .155 of the Salt Lake City Code, be, and hereby is enacted as follows: 16;12.155 Apron use fees - Off Airport in-flight caterers. A. There is hereby imposed upon any person engaging in food and beverage in-flight catering services at the Airport whose business premises is at a location other than on the Airport, a fee for use of the aircraft apron or parking area and related facilities and other common and public use facilities at the Airport. B. The fee for such use shall be 7(%) percent of such persons gross sales at the Airport. Within 15 days of the end of each month such person shall provide an audited statement to the Director or his designee showing such person' s actual gross receipts for sales at the Airport, accompanied by a check for said percentage of gross sales . City shall have the right to audit such person' s records, concerning such sales at any time during normal business hours . C . Any person who fails to comply with the foregoing may be prohibited from obtaining access to the Airport apron or parking area and related facilities. D. "Engaging in food and beverage in-flight catering services" means a person engaged in the business of preparing food and beverages and using or supplying such to others for use at or on aircraft flights from the Airport. SECTION 2 . This Ordinance shall take effect on its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990. CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s Action: Approved Vetoed MAYOR ATTEST: CITY RECORDER RLM:cc -2- SALT LAKE CITY ORDINANCE No. of 1990 (Apron Use Fees ) AN ORDINANCE ENACTING SECTION 16 . 12 . 155 OF THE SALT LAKE CITY CODE, RELATING TO APRON USE FEES. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Section 16 . 12 . 155 of the Salt Lake City Code, be, and hereby is enacted as follows: 16.12.155 Apron use fees - Off Airport in-flight caterers. A. There is hereby imposed upon any person engaging in food and beverage in-flight catering services at the Airport whose business premises is at a location other than on the Airport, a fee for use of the aircraft apron or parking area and related facilities and other common and public use facilities at the Airport. B. The fee for such use shall be 7 ( % ) percent of such persons gross sales at the Airport. Within 15 days of the end of each month such person shall provide an audited statement to the Director or his designee showing such person' s actual gross receipts for sales at the Airport, accompanied by a check for said percentage of gross sales . City shall have the right to audit such person' s records, concerning such sales at any time during normal business hours . C. Any person who fails to comply with the foregoing may be prohibited from obtaining access to the Airport apron or parking area and related facilities . D. "Engaging in food and beverage in-flight catering services" means a person engaged in the business of preparing food and beverages and using or supplying such to others for use at or on aircraft flights from the Airport. SECTION 2 . This Ordinance shall take effect on its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s Action: Approved Vetoed MAYOR ATTEST: CITY RECORDER RLM:cc -2-