text: 09/18/1990 - Minutes	PROCEODINGS OF THE CITY COUNCIL OF SALT LAKE CI P, UTAH TUESDAY, SEPTEMBER 18, 1990 The City Council of Salt Lake City, Utah, met as the Committee of the Whole on Tuesday, September 18, 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 and conducted the meeting. Councilmember Hardman called Tuesday.Councilmember Horrocks the meeting to order at 5:05 p.'m.._ asked if the November 13th meeting would be appropriate for the Agenda Item D-2: Brighton Ski hearing. Area Master Plan authorizing a memorandum of understanding with Councilmember Hardman the named local and State suggested they switch the October governmental agencies to study llth meeting agenda with the said plan. Ms. Gust-Jensen said October 16th agenda. The this was a resolution to form a petitioner would want the hearing committee to study the plan and set as soon as possible. There would involve no funding or was unanimous agreement to the further actions by the Council. rescheduling. Ms.	Gust-Jenson reminded the Council of the field Agenda Item E-1: To set a tour of this proposal on Monday hearing date for Petition No.s September 24, 1990 from 4:00-6:00 400-768 and 400-842 in regards to p. m. Ensign Downs. Councilmember Pace said this would be a controversial Agenda Item Fl- Resolution: hearing and requested the Council Gelco Finance. Dick Fox explained hold the hearing at the same time the Industrial Revenue Bond as the land trade hearing between financing needed a letter of the City Administration and Ensign credit in place to draw down on Downs. She said it would be Industrial Revenue Bonds.	This helpful and expedient to do so. foreign firm would make printed The non-advertised land trade circuit boards for computers. hearing would be held the same night, and be conducted by the Agenda Item G-1: Ordinance: Mayor. East	Downtown	Master	Plan Councilmember Hardman said most of Councilmember Godfrey said he the people which would attend would not be here October 16, 1990 tonight's hearing, were in favor for the discussed hearing date. of the plan. He said October 23, 1990 would be more preferable if it could be Agenda Item G-2: Ordinance worked out with the Community Amendment: Theater Arena Parking. Councils. Councilmember Hardman Bill Wright, Deputy Director of asked if the meeting could be held the Planning Division, said this on	some	day	other	than amendment was proposed to address 90-306 PROCIRINGS OF THE CITY COUNCIL OF SALT LAKE CI* UTAH TUESDAY, SEPTEMBER 18, 1990 the needs of the Utah Jazz Arena, and to acknowledge the situation existing with the Salt Palace and Symphony Hall. Emilie Charles said Neighborhood Housing Services was interested in meeting with the Council to discuss housing issues. Councilmember Hardman suggested the arrangement be made through the Council staff. The meeting adjourned at 5:30 p.m 90-307 PROLE. DINGS OF THE CITY COUNCIL OF SALT LAKE CII UTAH TUESDAY, SEPTEMBER 18, 1990 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, September 18, 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 Acting Mayor Mike Zuhl, Roger Cutler, City Attorney, Kathryn Marshall, City Recorder, and Misty Jo Zemp, Deputy Recorder, were present. Council Chair Hardman presided at and conducted the meeting. OPENING CEREMONIES prostitutes because it was just as illegal to pick up a prostitute as #1. Ms. Lavon Young, a re- it was to be one, and 2) to pass gional Eck Spiritual Aid from and enforce an ordinance which Eckankar, gave the invocation. prohibited motel owners to allow prostitutes to rent rooms, or at #2. The Council led the Pledge least limit the number of times an of Allegiance. individual can rent a room in one day. #3. Councilmember Kirk moved and Councilmember Whitehead sec- Councilmember Horrocks asked onded to approve the minutes of Mr. Robins if he had been attend- the Salt Lake City Council for the ing the Peoples Freeway Community regular meeting held Tuesday, Council meetings or the South September 11, 1990, which motion Central council meetings. He said carried, all members voted aye. these committees were involved in (M 90-1)	working on this problem. He said these committees had appeared PUBLIC COMMENTS twice before the Salt Lake County Commissioner asking for more #1. RE: Bill Robins, who available jail space for the resides on Roberta Street and 1700 prostitutes in the City. He said South, which is located two blocks the jails were a county function off of State Street, said the and the City had been working with prostitutes were working one block the County Commission for the past away from his home. He said he two years trying to solve the was concerned that prostitution problems of the jails. He said had reduced property values. He new jails were being built and said it was unfair to the children these problems would be taken care in the area to be exposed to pros- of. He said the Mayor and the titution . He asked Acting Mayor City Council were doing all they Mike Zuhl, if he would consider could to change prostitution in looking into the issue. Mr. Salt Lake City. Robins	said	he	had	two suggestions:	1 ) to arrest the Councilmember Godfrey said he customers who pick up the liked the ideas Mr. Robins had 90-308 PROCEiDINGS OF THE CITY COUNCIL OF SALT LAKE CITY UTAH TUESDAY, SEPTEMBER 18, 1990 suggested. He said making arrests NEW COUNCIL BUSINESS and creating an ordinance on the motels, was something administra- #1. RE: Set a date to hold a tion should look at and consider. public hearing on October 16, 1990, at 6:30 p.m. to receive Roger Cutler, City Attorney, public comment and consider rezon- said the City had an active decoy ing the property located at ap- program which involved arresting proximately 1100 East Capitol people trying to pick up the Boulevard, approximately 10 Dorch- prostitutes. The Sex Oriented ester, and west of Ensign Peak at Business ordinance deals with the approximately 1000 North Street hot sheets motels in the area. He from "R-1" to an "R-1A" classifi- said the City had warned the cation. County if they did not make more jail space available, problems would begin on State Street. Mr. ACTION: Councilmember Godfrey Cutler said more jail space had moved and Councilmember Hale been made available and he would seconded to change the date of check to see if there was time of the hearing to October something	that could be done 11, 1990 at 6:00 p.m. , which about an ordinance. motion carried, all members voted aye. CONSENT AGENDA (P 90-317) Councilmember Godfrey moved UNFINISHED COUNCIL BUSINESS and Councilmember Pace seconded to approve the consent agenda #1. RE: Adopting a Resolu- which motion carried, all members tion authorizing the execution of voted aye the first supplement to a lease- purchase agreement by and between #1. RE: Adopting Ordinance Gelco Finance Corporation, as 82 1990 amending Sections 5.26.100 lessor, and Salt Lake City as and 12. 56.330 of the Salt Lake lessee, dated as of December 15, City Code, relating to freight 1989, and a first supplement to a license stickers attached to sublease-purchase agreement by and vehicle loading zones and freight between Salt Lake City as subless- curb respectively. or and Compeq International Co. , (0 90-40) Ltd. , as sublessee, dated as of December 15, 1989 . #2. RE: Adopting Resolution 99 of 1990 authorizing the approv- ACTION: Councilmember Godfrey al of a memorandum of understand- moved and Councilmember Pace ing between Salt Lake City Corpo- seconded to adopt Resolution 98 ration and Wasatch, Cache and of 1990, which motion carried, all Uinta National Forests, Salt Lake members	voted	aye, except County, Wasatch County, Utah Councilmember Hardman who ab- State Parks and Recreation, the stained from the vote. City of Midway, and Utah Division (Q 89-3) of Wildlife Resources concerning the review and assessment of the PUBLIC HEARINGS proposed Brighton Ski Area Master Plan. #1. RE: A hearing at 6:20 (C 90-521) p.m. to receive public comment and consider adopting an ordinance 90-309 PROC DINGS OF THE CITY COUNCIL OF SALT LAKE CI UTAH TUESDAY, SEPTEMBER 18, 1990 adopting the East Downtown Master He said the second objective Plan. was to improve and preserve the character of the area. He said ACTION: Councilmember Godfrey there was a problem with security moved and Councilmember Whitehead and crime in the East Downtown seconded to close the public Area. He said the Planning Com- hearing, which motion carried, all mission wanted to create a pedes- members voted aye. trian environment and create activity on the streets so people Councilmember Whitehead moved would be able to live, work, and Councilmember Horrocks seconded to receive all the amenities they adopt Ordinance 81 of 1990, which needed. motion carried, all members voted aye. He said the third objective was the strong economic force in DISCUSSION: Bruce Parker, the neighborhood was a result of Planning and Zoning, said there transportation, traffic patterns, had been a series of meetings held and the area' s proximity to the last year to inform the residents amenities of the downtown area of the area of the East Downtown along with the character and the Master Plan. He said this was an amount	of	commercial area which had close ties with redevelopment in the downtown areas such as the downtown area, area. the East Central neighborhood, the Lower Avenues, and the South He said the Planning Commis- Central part of the City. He said sion had asked for the development the East Downtown Master Plan had of a mixed use zone where the to be viewed as an overall part of primary use would be residential. Salt Lake City. He said the main He said other uses would be principles of the plan were to allowed which were compatible and create a vibrant mix use urban harmonious with the residential neighborhood for Salt Lake City. use. Mr. Parker said the second He said this area had great poten- mix use zone would be for tial for an increase in population businesses in scale with the and would provide a strong popula- neighborhood which would provide tion base for the Central City amenities and services desired by area. Mr. Parker said there were residents of the community. He a few objectives to the East Down- said the final zone would be an town Master Plan. He said the office mix use zone to be first objective was to place designated along the 5th and 6th emphasis on housing and popula- south corridors where a tion because this area had con- significant amount of office tinued to decline in population development existed. over the last twenty years. He said there had been a decline in He said the Planning Commis- residential housing because of sion wanted the "R-7" zone in the demolitions and new commercial area to be eliminated, because development in the area.	Mr. they felt it was the reason popu- Parker said it was felt population lation had moved out of the down- would continue to decline in this town area. He said it had been area unless the Master Plan was proposed to create the new mix use put into effect.	zone and have the "R-7" zone be incorporated into it. 90-310 PROC DINGS OF THE CITY COUNCIL OF SALT LAKE CAI UTAH TUESDAY, SEPTEMBER 18, 1990 Lois Brown, Central City should get the Redevelopment Service Plan, supported the East Agency involved by letting people Downtown Master Plan. She said it acquire enough ground to build on. was important that the public con- tinue to be involved with future Kim Anderson, North Redwood plans of the City. She thanked Road, supported the East Downtown the Planning Division for includ- Master Plan, but was concerned ing the public and their ideas in with the area around Trolley the East Downtown Master Plan. Square. He said he felt the building height requirement of 75 Susan Hardy, Director of the feet would destroy the look of Salt Lake Community Development Trolley Square, and he would like Corporation, supported the devel- to see the requirement of the opment of the East Downtown buildings around Trolley Square Master Plan and wanted to see it limited to the height of existing adopted. She said she felt the buildings. plan would increase the population of the downtown area and improve Mr. Parker said the Trolley the character of it. Square block was under the review of the Historical Landmark Commit- Willis Dorman, Central City, tee for proposed development. He supported the East Downtown Master said the existing zoning on Plan. She said the mix use zone Trolley Square would allowed a would make it more enjoyable for height limitation of 198 feet. He people who lived in the City and said the proposal was a signifi- would make more people want to cant lowering of the height poten- live in the downtown area. She tial and the proposed height said she wanted to see the Zoning limitation of 75 feet was an Committee look at the mix use plan appropriate height. He said first. She said the idea of anything built in Trolley Square creating a pedestrian linkage in would be in architectural design the City was a wonderful idea. with Trolley Square. He said the 4th and 5th south area had been Stan Penfold, 715 East 2nd developed for a retail center and Avenue, said he was in favor of this would meet the commercial and the plan and felt it would in- retail needs of the neighborhood. crease the residential population He said the component of the block along with the multi use residen- would be for residential develop- tial/commercial area. He said he ment. felt this would help the City expand in after five o'clock use. Mary Allen, Outreach worker for Salt Lake City and Housing, Ken Wholeman, owner and devel- supported the mix use zone area oper of Broadway Towers, said he and felt it would be helpful. wanted the City to look at some situations. He said he felt the Councilmember Hale said he rent was not high enough to sup- felt residents with commercial port the development which existed property might not be able to do in the area. He said the City what they wanted with their prop- might want to address a tax incen- erty. He was concerned it would tive which would enhance the inhibit commercial development. ability of a developer to go forward with the development of Councilmember Whitehead said the City. He said he felt the City he felt there needed to be a 90-311 PROC INGS OF THE CITY COUNCIL OF SALT LAKE Cl/ UTAH TUESDAY, SEPTEMBER 18, 1990 supermarket in the area and he ability study which outlined the felt major development was needed chance of successful shared in order to have one. parking, arrangements for leases parking,	and statements of Councilmember Hardman thanked compatibility with the existing the Planning Division, the staff Master Plan. and the developers who were in- volved in the creation of the East Mr. Wright said the Planning Downtown Master Plan.	He said Commission would receive a recom- people could now look for some mendation from the Transportation guidance in the Master Plan when Department and the Planning Staff. planning their businesses. He said the Planning Commission (T 90-25) would hold an informal hearing so owners of the facility would be #2 RE: A public hearing at able to express their concerns. 6:30 to receive public comment and He said the ordinance would allow consider adopting an ordinance any facility to have one parking amending Section 21.84.030(H) space for every four seats. He concerning parking for theaters said a clause in the ordinance and arenas pursuant to Petition made it effective immediately upon No. 400-833-90. posting.	The ordinance wil be posted September 19, 1990, in the ACTION: Councilmember Godfrey Recorders office. moved and Councilmember Whitehead seconded to close the public Councilmember Pace asked if an hearing, which motion carried, all appeal of the ordinance would go members voted aye. to the Planning Commission and then to the City Council. Councilmember Godfrey moved and Councilmember Kirk seconded to Mr. Wright said the appeal adopt Ordinance 80 of 1990, which would be sent to the Planning motion carried, all members voted Commission for determination of aye. the parking reduction and then the decision could be appealed DISCUSSION: Bill Wright, directly to the City Council. Planning and Zoning, said the (P 90-315) ordinance required one parking space for every fourth seat. He The meeting adjourned at 7:10 said a 20, 500 seat arena would p.m. require 5, 125 parking spaces to be developed and facilitated to use ae...JAL 14—fral"A— in the Downtown Master Plan. He said policies encouraged efficient COUNCI CHAIR use of land and capital resources and supported shared parking when it could be applied. He said the ordinance amendment required an IT R RDER application with a $100 filing fee, a sight plan, and a statement from the petitioner stating if the facility needed fewer parking spaces or shared parking. He said the statement needed to include a professionally	prepared	fees 90-312 SALT LAKE CITY COUNCIL AGENDA CITY COUNCIL CHAMBER ROOM 315 CITY AND COUNTY BUILDING 451 SOUTH STATE STREET Tuesday, September 18, 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. B. OPENING CEREMONIES: 1 . Invocation. 2. Pledge of Allegiance. /� 3. Approval of the minutes. -. (`e ((,�' �"f" C. COMMENTS: /1 1 . Questions to the Mayor from the City Council.- C altr\/ O L 2. Citizen Comments to the Council. TLA,01/\._ D. CONSENT: 1 . Ordinance: Freight License Stickers Consider adopting an ordinance amending Sections 5.26. 100 and 12.56.330 of the Salt Lake City Code, relating to freight license stickers attached to vehicle and freight curb loading zones, respectively. (0 90-40) Staff recommendation:	Adopt. 2. Resolution: Brighton Ski Area Master Plan �1 Consider adopting a resolution authorizing the approval of a Memorandum of Understanding between Salt Lake city Corporation and Wasatch, Cache and Uinta National Forests, Salt Lake County, ' 1��� Wasatch County, Utah State Parks and Recreation, The City of V �� 1,l�- Midway and Utah Division of Wildlife Resources concerning the /1\,J �1l review and assessment of the proposed Brighton Ski Area Master c\"\ n�� Plan. \scitio (C 90-521) �� Staff recommendation:	Adopt. II E. NEW BUSINESS: 1 . Rezoning: Ensign Downs Petition #400-768 nd #400-842 Set date to hold a hearing on October 10, 1990 at 6+46 p.m. to receive public �\ ^ comment and consider rezoning the property located at approximately 1100 East \� W Capitol Boulevard , approximately 10 Dorchester, and west of Ensign Peak at approximately 1000 North Street from "R-1" to an "R-1A" classification. 6\0OC\Th (P 90-317) Staff recommendation: Set date. F. UNFINISHED BUSINESS ` �I� Resolution: Gelco Finance �\(A,	Consider adopting a resolution authorizing the execution of a first \` supplement to a lease-purchase agreement by and between Gelco Finance KO Corporation, as lessor, and Salt Lake City as lessee, dated as of December 15, ( 1989 and a fist supplement to a sublease-purchase agreement by and between > Salt Lake City as sublessor and Compeq International Co. , Ltd, as sublessee, G�J dated as of December 15, 1989. (Q 89-3) ( Staff recommendation: Adopt. [ G. PUBLIC HEARINGS: 6:20 p.m. 1 . Ordinance: East Downtown Master Plan Receive public comment and consider adopting an ordinance adopting the East ,	t Downtown Master Plan. I1 (T 90-25) Staff recommendation: Close hearing and adopt. 6:30 p.m. 2. Ordinance Amendment : Theater and Arena Parking 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: Close hearing and adopt. H. ADJOURNMENT. **FINAL ACTION MAY BE TAKEN AND/OR ORDINANCES ADOPTED CONCERNING ANY ITE4 ON THIS AGENDA. DATED: September 14, 1990 BY: • TY RECORDER STATE OF UTAH COUNTY OF SALT LAKE ) ss. On the 14th day of September, 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. CITY RECORDER Subscribed and sworn to before me this 14th day of September, 1990. 6-tar 'c esiding in the State of Utah- My,Commission Notwi/�Puwic BARBARA HAIGHT 451 So.Stale St Rm 415 ' Salt l.Wioe City.Utah 54102 My Ccmmtssion F,:7ros Ao.r:ISi 1,'!`1(r3 APPROVAL: y w- .._. C (1. 2)0a) EXECUTIVE DIRE OR �C c -164 C - leo ` me) doiPROCEEDINGS OF THE CITY CO �CIL OF SAL' E IT , UTAH TUESDAY, SEPTEMBER 11, 1990 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, September 11, 1990, at 6:00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State Street. The following Council Members were present: Ronald Whitehead Alan Hardman Roselyn Kirk Wayne Horrocks Don Hale Nancy Pace Mayor Palmer DePaulis, Roger Cutler, City Attorney, S. R. Kivett, Chief Deputy Recorder, and Beverly Jones, Deputy Recorder were present. The following Council Members were absent: Tom Godfrey Council Chair Hardman presided at and conducted the meeting. OPENING CEREMONIES press, Ameritech Coatings, Anodiz- ing and Metal Coatings Inc, and #1. There was no invocation. Litton Systems, Inc. #2. The Council led the COMMENTS Pledge of Allegiance. Fae Nichols, Chairperson for #3. Councilmember Kirk moved Peoples Freeway Community Council and Councilmember Horrocks second- said she had made an appointment ed to approve the minutes of the with the County Commission to Salt Lake City Council for the discuss the problem of prosti- regular meeting held Tuesday, tution on State Street and also September 4, 1990, which motion with the overcrowding of the jail. carried, all members present voted aye. The following people spoke in favor of approving the three reappointments to the Historic #4. Mayor DePaulis presented Landmarks Committee: Mike environmental compliance awards to Stransky, Rang Kimbal, David seven Salt Lake City companies. Spickhard, Grace Sperry, and Peter Prior to the announcement of the duPont Emerson. winners he gave a brief descrip- tion of how the award winners were The speakers felt that to not determined. He said the criteria reappoint Mr. Ulrich, Mr. Stransky included 1 ) achieving a score of and Mr. Emerson would cause the 95% or higher on all tested param- committee to be faced with a eters, 2) had to be in total situation where there would be no compliance over the twelve months continuity within the committee of 1989, 3 ) spill prevention and members. They said the three control plans, 4 ) cooperation, and individuals were all architects 5 ) employee training and general and if they were not reappointed, environmental concern. He said it would leave only one architect there were 72 companies eligible on the committee. It was suggest- for this award. The winners were ed that the length of the appoint- Detroit Diesel; Varian Company, ments be staggered to maintain Blanchard Metals, Roadway Ex- continuity. 90-299 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 11, 1990 Mayor DePaulis said this appeared on the agenda now was issue had been discussed with the because the names have been held Council.	He said he had been for so long. provided the Council with memos since January expressing his Councilmember Whitehead said feelings as to why he felt there if all three were reappointed the was a need for reappointment of situation would come up again certain third term members. He later when their term expired, and said on May 29, 1990 a memo was felt the terms should be stag- sent to the Council. Mayor gered. DePaulis read a paragraph from this memo which said "third term Mayor DePaulis said the reappointments in this case was Council could disapprove one necessary and he felt there would reappointment and this would begin be a major disruption to the work the transition. He said he had to product if the council did not have council action to initiate a approve the change. " He said he new recommendation. only wanted to bring appointments to the Council that he felt Councilmember Kirk said that strongly about. would place the Council in a position of having to choose one Councilmember Whitehead said of three very competent people. he had a problem with reappointing She said that earlier in the all three members at the same process this would have been an time. He said this would cause agreeable negotiation. the same problem later. He said if the Council had received a Councilmember Hales asked if single reappointment with two new the Council declined all three appointments he would not have a reappointments would it be possi- problem with the appointments. ble for the Mayor to resubmit one name. Mayor DePaulis said he had not sent all three names at once. He Councilmember Pace said that said the names were transmitted was asking the Mayor to do what individually but because of the the Council did not want to do. flexibility	disagreement	the She asked if the Council could be names had been held and were now informed as to how the cycle with being considered together. the eleven members worked. Councilmember Whitehead said Mr. Allen Johnson, City it made no difference if they were Planning Director, said the mem- submitted singly or all at one bers were appointed on a staggered time. He said it completely basis. He said of the 14 members violated the spirit of what the there were no more than 3 appoint- Council had tried to accomplish. ed in any one year.	He said He said the Council did not want membership was based upon the people on the board for a life number of historic districts. time. Councilmember Hardman said Mayor DePaulis said that he the ordinance only required one had sent the names to the Council architect on the committee. appropriately, timely, and exact- ly, with new appointments.	He John Adkinson, asked if the reiterated that the reason they transients in the Jackson area could be cleaned up. 90-300 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 11, 1990 Mayor DePaulis said he had ordinance amending Chapter 64 of discussed the situation with Title 18 dealing with demolishing Councilmember Whitehead and said buildings. there were several things that (0 90-39) could be done to help with the panhandling, the transients, and #3. RE: Adopting Resolution the prostitution problem in the 96 of 1990 authorizing the execu- Sixth West, North Temple area. He tion of a interlocal cooperation said a committee had been formed agreement between Salt Lake City to take comments and suggest Corporation and the Utah Division solutions to these issues. of Water Rights providing for a ground water study of Salt Lake Councilmember Whitehead said Valley. when a program was started it (C 90-503) should be on a continuing basis. He said in the past, programs were #4. RE: Adopting Resolution started and when the problem 97 of 1990 authorizing the execu- seemed to be corrected the program tion of an interlocal cooperation was stopped. He said then the agreement between Salt Lake City problem came back and the resi- Corporation and the United States dents were in the same situation of America, by and through the as before. Federal Bureau of Investigation and the Drug Enforcement Adminis- Mayor DePaulis said the tration of the investigation and problem had been in the staffing prosecution of sales of controlled issues of the Police Department. substances. He said he had a commitment from (C 90-502) the Police Chief that when the next 25 police officers completed NEW COUNCIL BUSINESS their training in December they would be available to go on pa- #1. RE: Adopt an ordinance trol. amending Sections 5. 26. 100 and 12.56.330 of the Salt Lake City CONSENT AGENDA Code, relating to freight license stickers attached to vehicle and Councilmember Hale moved and freight curb loading zones, re- Councilmember Kirk seconded to spectively. approve the consent agenda, which motion carried,	all members ACTION:	Without objection present voted aye. Councilmember Hardman referred this item to the consent agenda. #1. RE: Adopting Resolution (0 90-40) 95 of 1990 authorizing the execu- tion of an Interlocal Cooperation UNFINISHED COUNCIL BUSINESS Agreement between Salt Lake City and Salt Lake County for the #1. RE: Consider adopting a placement of a watermain located Resolution providing for the on 2700 East Street . financing by Salt Lake City of the (C 90-501) acquisition of equipment and plant facilities and related improve- #2. RE: Setting a date to ments for a fiberglass insulation hold a hearing on October 2, 1990 and related products manufacturing at 6:20 p.m. to receive public facility to be located in Salt comment and consider adopting an Lake City, in order that Western 90-301 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 11, 1990 Fiberglass, Inc. may be provided Mayor's Office that the Council with facilities to promote the would be willing to take one of general welfare and encourage the the members back for an appoint- increase of industry and commerce; ment to the board, which motion authorizing and providing for the carried. All members present issuance by Salt Lake City of its voted aye, except Councilmember $2, 000, 000.00 Industrial Develop- Pace who voted nay. ment Revenue Bonds, Series 1990 (Western Fiberglass, Inc. Project) ACTION: Councilmember Hale which will be payable solely from made a motion and Councilmember the revenues arising from the Pace seconded to make a substitute pledge of a loan agreement with motion that the Council approve Western Fiberglass, Inc. ; autho- all three appointments for the rizing the execution and delivery remaining term ending in July of a loan agreement between Salt 1991,	which motion failed, Lake City and Western Fiberglass; Councilmember Pace and Hale, voted providing for financing the acqui- aye, all other members present sition of said project; authoriz- voted nay. ing the execution and delivery of ( I 90-9) an indenture of trust and related documents; confirming the sale of DISCUSSION: Councilmember said bonds to the purchaser there- Whitehead asked whether the Mayor of; authorizing the publication of or the Council should make the ap- a notice of bonds to be issued; pointment. and related matters. Councilmember Hale said he ACTION: Councilmember Kirk was in favor of staggering the moved and Councilmember Whitehead appointment terms. He asked if seconded to adopt Resolution 94 the Council should appoint one of of 1990, which motion carried, all the people for an additional three members present voted aye. year term. (0 90-6) Councilmember Hardman said #2. RE: Consider approving the best suggestion would be to the reappointment of M. Louis decline all three with the recom- Ulrich to the Historical Landmarks mendation to the Mayor that the Committee. Council would consider one of the individuals for reappointment. 3. RE: Consider approving the reappointment of Michael Councilmember Whitehead said Stransky to the Historical Land- with all three reappointments marks Committee. coming to the Council at one time defeated the intent of all the 4. RE: Consider approving ordinances that have come prior to the reappointment of Peter duPont this date. Emerson to the Historic Landmarks Committee. Emilie	Charles,	Mayor' s Executive Assistant, said the ACTION: Councilmember appointments would only be for one Whitehead moved and Councilmember year. She said the vacancies Kirk seconded to decline the would come again in July 1991 appointment of M. Louis Ulrich, because it had taken two years to Michale Stransky, and Peter duPont get them resolved. Emerson and give indication to the 90-302 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 11, 1990 Councilmember Whitehead said Mr. Johnson, said one member the ordinance stated an individual was completing a second term and could serve for no more than two one member was completing a first terms or eight years. He said the term. staggering of the board members should be up to the individual Councilmember Pace said it board not the Council. He said concerned her that the Council the purpose of the ordinance stands on a matter of principle or change was to keep people from policy alone knowing the ordinance serving on boards for 20 or 30 gave the Council flexibility and years as was the case in the past. does not look at what it would do He said there had to be an ex- to the effectiveness of the com- traordinary reason for being mittee.	She said in seconding reappointed to a third term. Councilmember Hales motion, she was going along with the idea of Councilmember	Pace	said supporting the people for nine because there was only one year more months and the Council had left on a normal three year ap- sent a strong message to the pointment there would be the same Mayors Office about how they felt. situation next year.	She said three individuals were leaving Councilmember Horrocks said with no chance of appointing new the Council had asked the Mayor people before the appointments not to put the Council in this expired.	type of situation. He said it was now a matter of principle. He Councilmember Kirk said the said the Mayor did this to exert first time the Council made an his authority. He said the second exception to the reappointment motion did not send the message to policy, she had said the Council the Mayor that the Council had a needed to be flexible. She said deep concern about this matter. this time she felt the Council had He said if the Council passed this been placed in a position of non- motion as it stands we have abro- compromise. She said the Council gated our responsibility in advice had sent a letter to the Mayor and consent. asking that this situation not come before the public. She said PUBLIC HEARINGS she would not be willing to choose one above the other at this time. #1. RE: A hearing at 6:20 She said she felt the Council had p.m. to receive public comment and been put in a position to turn adopt an ordinance vacating a down all three. portion of an alley between Sherman and Harrison Streets, Councilmember Hale asked Ms. between 800 East and 870 East, Charles if the appointment would pursuant to Petition 400-796-90. be for less than a year. Ms. Charles said the appointment ACTION: Councilmember Hale would be until July 31, 1991 . moved and Councilmember Whitehead seconded to close the public Cindy Gust-Jenson, Council hearing, which motion carried, all Executive Director, asked Allen members present voted aye. Johnson if the two appointments coming up in the interim period Councilmember Whitehead moved had served one term or two terms. and Councilmember Kirk seconded to adopt Ordinance 78 of 1990, to 90-303 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 11, 1990 vacate the alley from the west car could make it but not a full side of 836 East to 870 East to size car. the street, which motion carried, all members present voted aye. Councilmember Horrocks asked (P 90-248) Mr. Watkins when he pulled into the driveway if he could get the DISCUSSION: Councilmember truck completely out of the alley Kirk said Councilmember Godfrey, or if the truck extended into the who represented the district in alley. Mr. Watkins said the truck which this vacation was requested, extended at least half way into was unable to attend the meeting the alley. but had expressed that he was in support of this issue. Ross Wilder, agent for the owner of 829 East Sherman Avenue, Bruce Parker, Planning Divi- said he had driven the entire sion said the alley was requested alley and had to back completely to be vacated because of the crime out because he could not turn related problems in the area. He around. said the total alley could not be vacated because of the numerous Councilmember Whitehead said residents which require the re- there were only two people who maining alley to be open for used the alley for access to their access to their garages. He said garages. He said the City had a the alley would be vacated with problem with alleys as they creat- two conditions; first the resi- ed areas for crime to take place. dents requesting the vacation He said if the Council could he participate with the Transporta- would recommend the closure of tion Division to install and the entire alley. purchase a dead end sign and place it at the west end of the alley, Councilmember Kirk asked Mr. and also install an end of alley Wilder if his client had been sign and place it on the fence at involved with the compromise that approximately 835 East. Second, Councilmember Godfrey had been fence the ends of the alley at the working out. Mr. Wilder said that proposed vacation. He said the neither his client nor himself had vacation and the fence would be at been contacted concerning anything the western property line of 836 about the alley. East Sherman Avenue. Raymond Johnson, Richard Vance Warner, Petitioner, North, Dudley Wicker, Carol Wick- said he had only worked on signa- er, Gorden Greniger all spoke in tures for the area requested to be support of the alley vacation. vacated and all property owners There was a general consensus that involved in the vacation had the vacation would help keep the signed the petition. crime down. Ronald Watkins the son of the Carol Tigarino, owner of the property owner at 829 East Sherman house at 829 East Sherman Avenue, Avenue, said this was a rental said the house was her only in- unit. He said he had driven a come. She said renters were not pickup down the alley and had allowed to park on the street in tried to turn the corner from the the winter time and if the alley west into the garage and could not were closed she would have a turn the corner. He said a small difficult time renting her proper- 90-304 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 11, 1990 ty. She said she had heard noth- ing about the closure until a letter came just prior to the meeting.	COUNCIL CHAIR Mr. Warner said this was a dirt alley that was originally used for utility service and CITY RECORDER garbage collection which was no longer needed. He said it was not against the law to park in front of the house on the street during the winter time. He said resi- dents were asked to move their cars occasionally for snow remov- al. #2. RE: A hearing at 6:30 p.m. 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. ACTION: Councilmember Horrocks moved and Councilmember Whitehead seconded to close the public hearing, which motion carried, all members present voted aye. (P 90-314) Councilmember Horrocks moved and Councilmember Whitehead sec- onded to adopt Ordinance 79 of 1990, which motion carried, all members present voted aye. DISCUSSION: Everett Joyce, Planning and Zoning, said the petition had been submitted with 100 percent property owner signa- tures in support of the closure. He said the alley was a dead end alley.	He said the alley was landscaped and was not being used as an alley. The meeting adjourned at 7:45 p.m. 90-305 Cnq Inc I Cup) PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 11, 1990 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, September 11, 1990, at 6:00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State Street. The following Council Members were present: Ronald Whitehead Alan Hardman Roselyn Kirk Wayne Horrocks Don Hale Nancy Pace Mayor Palmer DePaulis, Roger Cutler, City Attorney, S. R. Kivett, Chief Deputy Recorder, and Beverly Jones, Deputy Recorder were present. The following Council Members were absent: Tom Godfrey Council Chair Hardman presided at and conducted the meeting. OPENING CEREMONIES press, Ameritech Coatings, Anodiz- ing and Metal Coatings Inc, and #1. There was no invocation. Litton Systems, Inc. #2. The Council led the COMMENTS Pledge of Allegiance. Fae Nichols, Chairperson for #3. Councilmember Kirk moved Peoples Freeway Community Council and Councilmember Horrocks second- said she had made an appointment ed to approve the minutes of the with the County Commission to Salt Lake City Council for the discuss the problem of prosti- regular meeting held Tuesday, tution on State Street and also September 4, 1990, which motion with the overcrowding of the jail. carried, all members present voted aye. The following people spoke in favor of approving the three reappointments to the Historic #4. Mayor DePaulis presented Landmarks Committee: Mike environmental compliance awards to Stransky, Rang Kimbal, David seven Salt Lake City companies. Spickhard, Grace Sperry, and Peter Prior to the announcement of the duPont Emerson. winners he gave a brief descrip- tion of how the award winners were The speakers felt that to not determined. He said the criteria reappoint Mr. Ulrich, Mr. Stransky included achieving a score of 95% and Mr. Emerson would cause the or higher on all tested parame- committee to be faced with a ters, had to be in total compli- situation where there would be no ance over the twelve months of continuity within the committee 1989, was spill prevention and members. They said the three control plans, cooperation, em- individuals were all architects ployee training and general envi- and if they were not reappointed, ronmental concern. He said there it would leave only one architect were 72 companies eligible for on the committee. It was suggest- this award. The winners were ed that the length of the appoint- Detroit Diesel; Varian Company, ments be staggered to maintain Blanchard Metals, Roadway Ex- continuity. 90-299 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 11, 1990 Mayor DePaulis said this were bunched up now was because issue had been discussed with the the names have been held for so Council.	He said he had been long. provided the Council with memos since January expressing his Councilmember Whitehead said feelings as to why he felt there if all three were reappointed the was a need for reappointment of situation would come up again certain third term members. He later when their term expired, and said on May 29 a memo was sent to felt the terms should be stag- the Council. Mayor DePaulis read gered. a paragraph from this memo which said "third term reappointments in Mayor DePaulis said the this case was necessary and he Council could disapprove one felt there would be a major dis- reappointment and this would begin ruption to the work product if the the transition. He said he had to council did not approve the have the councils action to ini- change. " He said he only wanted tiate a new recommendation. to bring appointments to the Council that he felt strongly Councilmember Kirk said that about. would place the Council in a position of having to choose one Councilmember Whitehead said of three very competent people. he had a problem with reappointing She said that earlier in the all three members at the same process this would have been an time. He said this would cause agreeable negotiation. the same problem later. He said if the Council had received a Councilmember Hales asked if single reappointment with two new the Council declined all three appointments he would not have a reappointments would it be possi- problem with the appointments. ble for the Mayor to resubmit one name. Mayor DePaulis said he had not sent all three names at once. He Councilmember Pace said that said the names were transmitted was asking the Mayor to do what individually but because of the the Council did not want to do. flexibility	disagreement	the She asked if the Council could be names had been held for and were informed as to how the cycle with now being considered together. the eleven members worked. Councilmember Whitehead said Mr. Allen Johnson, City it made no difference if they were Planning Director, said the mem- submitted singly or all at one bers were appointed on a staggered time. He said it completely basis. He said of the 14 members violated the spirit of what the there were no more than 3 appoint- Council had tried to accomplish. ed in any one year.	He said He said the Council did not want membership was based upon the people on the board for a life number of historic districts. time. Councilmember Hardman said Mayor DePaulis said that he the ordinance only required one had sent the names to the Council architect on the committee. appropriately, timely, and exact- ly, with new appointments.	He John Adkinson, asked if the reiterated that the reason they transients in the Jackson area could be cleaned up. 90-300 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 11, 1990 Mayor DePaulis said he had Title 18 dealing with demolishing discussed the situation with buildings. Councilmember Whitehead and said (0 90-39 ) there were several things that could be done to help with the #3. RE: Adopting Resolution panhandling, the transients, and 96 of 1990 authorizing the execu- the prostitution problem in the tion of a interlocal cooperation Sixth West, North Temple area. He agreement between Salt Lake City said a committee had been formed Corporation and the Utah Division to take comments and suggest of Water Rights providing for a solutions to these issues. ground water study of Salt Lake Valley. Councilmember Whitehead said (C 90-503) when a program was started it should be on a continuing basis. #4. RE: Adopting Resolution He said in the past, programs were 97 of 1990 authorizing the execu- started and when the problem tion of an interlocal cooperation seemed to be corrected the program agreement between Salt Lake City was stopped. He said then the Corporation and the United States problem came back and the resi- of America, by and through the dents were in the same situation Federal Bureau of Investigation as before. and the Drug Enforcement Adminis- tration of the investigation and Mayor DePaulis said the prosecution of sales of controlled problem had been in the staffing substances. issues of the Police Department. (C 90-502) He said he had a commitment from the Police Chief that when the NEW COUNCIL BUSINESS next 25 police officers completed their in December they would be #1. RE: Adopt an ordinance available to go on patrol. amending Sections 5.26.100 and 12. 56.330 of the Salt Lake City CONSENT AGENDA Code, relating to freight license stickers attached to vehicle and Councilmember Hale moved and freight curb loading zones, re- Councilmember Kirk seconded to spectively. approve the consent agenda, which motion carried, all members ACTION:	Without objection present voted aye. Councilmember Hardman referred this item to the consent agenda. #1. RE: Adopting Resolution (0 90-40) 95 of 1990 authorizing the execu- tion of an Interlocal Cooperation UNFINISHED COUNCIL BUSINESS Agreement between Salt Lake City and Salt Lake County for the #1. RE: Consider adopting a placement of a watermain located Resolution providing for the on 2700 East Street. financing by Salt Lake City of the (C 90-501) acquisition of equipment and plant facilities and related improve- #2. RE: Setting a date to ments for a fiberglass insulation hold a hearing on October 2, 1990 and related products manufacturing at 6 :20 p.m. to receive public facility to be located in Salt comment and consider adopting an Lake City, in order that Western ordinance amending Chapter 64 of Fiberglass, Inc. may be provided 90-301 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 11, 1990 with facilities to promote the would be willing to take one of general welfare and encourage the the members back for an appoint- increase of industry and commerce; ment to the board, which motion authorizing and providing for the carried. Councilmember Pace voted issuance by Salt Lake City of its nay, all other members present $2, 000,000.00 Industrial Develop- voted aye. ment Revenue Bonds, Series 1990 (Western Fiberglass, Inc. Project) ACTION: Councilmember Hale which will be payable solely from made a motion and Councilmember the revenues arising from the Pace seconded to make a substitute pledge of a loan agreement with motion that the Council approve Western Fiberglass, Inc. ; autho- all three appointments for the rizing the execution and deliver remaining term ending in July of a loan agreement between Salt 1991,	which motion failed, Lake City and Western Fiberglass; Councilmember Pace and Hale, voted providing for financing the acqui- aye, all other members present sition of said project; authoriz- voted nay. ing the execution and delivery of (I 90-9) an indenture of trust and related documents; confirming the sale of DISCUSSION: Councilmember said bonds to the purchaser there- Whitehead asked whether the Mayor of; authorizing the publication of or the Council should make the ap- a notice of bonds to be issued; pointment. and related matters. Councilmember Hale said he ACTION: Councilmember Kirk was in favor of staggering the moved and Councilmember Whitehead appointment terms. He asked if seconded to adopt Resolution 94 the Council should appoint one of of 1990, which motion carried, all the people for an additional three members present voted aye. year term. (Q-90-6) Councilmember Hardman said #2. RE: Consider approving the best suggestion made was to the reappointment of M. Louis decline all three with the recom- Ulrich to the Historical Landmarks mendation to the Mayor that the Committee. Council would consider one of the individuals for reappointment. 3. RE: Consider approving the reappointment of Michael Councilmember Whitehead said Stransky to the Historical Land- with all three reappointments marks Committee. coming to the Council at one time defeated the intent of all the 4. RE: Consider approving ordinances that have come prior to the reappointment of Peter duPont this date. Emerson to the Historic Landmarks Committee. Emilie	Charles,	Mayor' s Executive Assistant, said the ACTION: Councilmember appointments would only be for one Whitehead moved and Councilmember year.	She said the vacancies Kirk seconded to decline the would come again in July 1991 appointment of M. Louis Ulrich, because it had taken two years to Michale Stransky, and Peter duPont get them resolved. Emerson and give indication to the Mayor's Office that the Council 90-302 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 11, 1990 Councilmember Whitehead said Mr. Johnson, said one member the ordinance stated an individual was completing a second term and could serve for no more than two one member was completing a first terms or eight years. He said the term. staggering of the board members should be up to the individual Councilmember Pace said it board not the Council . He said concerned her that the Council the purpose of the ordinance stands on a matter of principle or change was to keep people from policy alone knowing the ordinance serving on boards for 20 or 30 gave the Council flexibility and years as was the case in the past. does not look at what it would do He said there had to be an ex- to the effectiveness of the com- traordinary reason for being mittee.	She said in seconding reappointed to a third term. Councilmember Hales motion, she was going along with the idea of Councilmember	Pace	said supporting the people for nine because there was only one year more months and the Council had left on a normal three year ap- sent a strong message to the pointment there would be the same Mayors Office about how they felt. situation next year.	She said three individuals were leaving Councilmember Horrocks said with no chance of appointing new the Council had begged the Mayor people before the appointments not to put the Council in this expired.	type of situation. He said it was now a matter of principle. He Councilmember Kirk said the said the Mayor did this to flaunt first time the Council made an his authority in the Councils exception to the reappointment faces. He said the second motion policy, she had said the Council did not send the message to the needed to be flexible. She said Mayor that the Council had a deep this time she felt the Council had concern about this matter.	He been placed in a position of non- said if the Council passed this compromise. She said the Council motion as it stands we have abro- had sent a letter to the Mayor gated our responsibility in advice asking that this situation not and consent. come before the public. She said she would not be willing to choose PUBLIC HEARINGS one above the other at this time. She said she felt the Council had #1. RE: A hearing at 6:20 been put in a position to turn p.m. to receive public comment and down all three. adopt an ordinance vacating a portion of an alley between Councilmember Hale asked Ms. Sherman and Harrison Streets, Charles if the appointment would between 800 East and 870 East, be for less than a year. Ms. pursuant to Petition 400-796-90. Charles said the appointment would be until July 31, 1991 . ACTION: Councilmember Hale moved and Councilmember Whitehead Cindy Gust-Jenson, Council seconded to close the public Executive Director, asked Allen hearing, which motion carried, all Johnson if the two appointments members present voted aye. coming up in the interim period had served one term or two terms. Councilmember Whitehead moved and Councilmember Kirk seconded to 90-303 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 11, 1990 adopt Ordinance 78 of 1990, to west into the garage and could not vacate the alley from the west make the corner. He said a small side of 836 East to 870 East to car could make it but not a full the street, which motion carried, size car. all members present voted aye. (P 90-248) Councilmember Horrocks asked Mr. Watkins when he pulled into DISCUSSION: Councilmember the driveway if he could get the Kirk said Councilmember Godfrey truck completely out of the alley who represented the district in or if the truck extended into the which this vacation was requested, alley. Mr. Watkins said he was at was unable to attend the meeting least half way out in the alley. but had expressed that he was in support of this issue. Ross Wilder, agent for the owner of 829 East Sherman Avenue, Bruce Parker, Planning Divi- said he had driven the entire sion, gave the staff report. He alley and had to back completely said the alley was requested to be out as he could not turn around. vacated because of the crime related problems in the area. He Councilmember Whitehead said said the total alley could not be there were only two people who vacated because of the numerous used the alley for access to their residents which require the re- garages. He said the City had a maining alley to be open for problem with alleys as they creat- access to their garages. He said ed areas for crime to take place. the alley would be vacated with He said if the Council could he two conditions; first the resi- would recommend the closure of dents requesting the vacation the entire alley. participate with the Transporta- tion Division to install and Councilmember Kirk asked Mr. purchase a dead end sign and place Wilder if his client had been it at the west end of the alley, involved with the compromise that and also an end of alley sign and Councilmember Godfrey had been place it on the fence at approxi- working out. Mr. Wilder said that mately 835 East, and second fence his client nor himself had been the ends of the alley at the contacted concerning anything proposed vacation. He said the about the alley. vacation and the fence would be at the western property line of 836 Raymond Johnson, Richard East Sherman Avenue. North, Dudley Wicker, Carol Wick- er, Gorden Greniger all spoke in Vance Warner, Petitioner, support of the alley vacation. said he had only worked on signa- There was a general consensus that tures for the area requested to be the vacation would help keep the vacated and all property owners crime down. involved in the vacation had signed the petition. Carol Tigarino, owner of the house at 829 East Sherman Avenue, Ronald Watkins the son of the said the house was her only in- property owner at 829 East Sherman come. She said renters were not Avenue, said this was a rental allowed to park on the street in unit. He said he had driven a the winter time and if the alley pickup down the alley and had were closed she would have a tried to make the corner from the difficult time renting her proper- 90-304 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 11, 1990 ty. She said she had heard noth- ing about the closure until a letter came just prior to the meeting. COUNCIL CHAIR Mr. Warner said this was a dirt alley that was originally used for utility service and garbage collection which was no CITY RECORDER longer needed. He said it was not against the law to park in front of the house on the street during the winter time. He said resi- dents were asked to move their cars occasionally for snow remov- al. #2. RE: A hearing at 6:30 p.m. 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. ACTION: Councilmember Horrocks moved and Councilmember Whitehead seconded to close the public hearing, which motion carried, all members present voted aye. (P 90-314) Councilmember Horrocks moved and Councilmember Whitehead sec- onded to adopt Ordinance 79 of 1990, which motion carried, all members present voted aye. DISCUSSION: Everett Joyce, Planning and Zoning, gave the staff report. He said the peti- tion had been submitted with 100 percent property owner signatures in support of the closure. He said the alley was a dead end alley.	He said the alley was landscaped and was not being used as an alley. The meeting adjourned at 7:45 p.m. 90-305 .. LINDA HAMILTON 1 J	Q� 1f1IY�C��v ��`�T1"' � PALMER OEPAULIS DIFIECTOFI OF FINANCE vr� V	MAYOR DEPARTMENT OE FINANCE 451 SOUTH STATE STREET, ROOM 228 SALT LAKE CITY, UTAH 84111 TELEPHONE (801) 535-6426 MEMORANDUM TO: City Council FROM:	Linda Hamilton.— -` c./ DATE:	August 30, 1990 SUBJECT: Proposed Freight License Sticker Ordinance (Attached) 1. Subject: The attached ordinance amends an existing licensing ordinance requiring an identification sticker to be placed on vehicles to allow them to —� temporarily park at freight curb loading zones. 2. Reccanrendation: The Finance Department and Dealt of Community and Economic Development recnd approval. 3. Funding: There is no financial impact. 4. Background and Discussion: The current ordinance refers to identification "plates" which have long t .,, since bccn replaced by stickers. More importantly, the current ordinance does not require the sticker to be permanently affixed to the front windshield, nor does it specifir_ally preclude transfer of the sticker fLQlt car to car. As a City Council - 2 -	August 30, 1990 1;;; result, the sticker is sometimes simply placed on the dash board and moved from vehicle to vehicle. This makes enforcement of the parking restrictions on freight loading zones extremely difficult, and has resulted in some violations being voided. The recommended changes to the ordinance would eliminate these problems. 5. r egislative Document: Attached 6. Contact Person: Revona Stoner, Treasurer's Office Parking AdMinistrator, 535-7946. 7. Submitted By: Linda Hamilton, Director of Finance LH/BH/kh SALT LAKE CITY ORDINANCE No. of 1990 (Freight License Stickers) AN ORDINANCE AMENDING SECTIONS 5.26.100 AND 12. 56.330 OF THE SALT LAKE CITY CODE, RELATING TO FREIGHT LICENSE STICKER ATTACHED TO VEHICLE AND FREIGHT CURB LOADING ZONES, RESPECTIVELY. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Section 5.26 . 100, Salt Lake City Code, relating to Freight license sticker attached to vehicle, be, and the same hereby is, amended to read as follows: 5.26.100 Freight license sticker attached to vehicle. Every vehicle licensed under this chapter shall have a sticker permanently affixed to the front windshield thereof in such manner that the same may be plainly seen, such sticker to be furnished by the license supervisor, and which sticker shall bear a numerical number within the limits of the gross laden weight for which the vehicle is licensed as provided in Section 5. 26 .060, or its successor ordinance. Said sticker is not transferable to any other vehicle. SECTION 2. That Section 12 . 56 . 330, Salt Lake City Code, relating to Freight curb loading zones, be, and the same hereby is, amended to read as follows : 12.56.330 Freight curb loading zones. A. No person shall stop a vehicle or permit the same to remain stopped for any purpose or length of time other than for the expeditious loading and/or unloading of materials in any r r ,: place marked as a freight curb loading zone during the hours when the provisions applicable to such zones are in effect. Vehicles so using freight curb loading zones must have city freight permit and freight license sticker permanently affixed to the front windshield of the vehicle as prescribed by city ordinance. In no case shall the stop for loading and/or unloading of materials exceed thirty minutes. B. SECTION 3. This ordinance shall take effect upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990. CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s action: Approved Vetoed. MAYOR ATTEST: CITY RECORDER APPROVED AS TO FO.^.0 LAke A orney; Cif ice -2- ; _...... (SEAL) Bill No. OF 1990. Published: LVS:rc -3- DRAFT r, SALT LAKE CITY ORDINANCE No. of 1990 (Freight License Stickers) AN ORDINANCE AMENDING SECTIONS 5.26.100 AND 12.56.330 OF THE SALT LAKE CITY CODE, RELATING TO FREIGHT LICENSE STICKER ATTACHED TO VEHICLE AND FREIGHT CURB LOADING ZONES, RESPECTIVELY. Be it ordained by the City Council of. Salt Lake City, Utah: SECTION 1. That Section 5.26.100, Salt Lake City Code, relating to Freight license sticker attached to vehicle, be, and the same hereby is, amended to read as follows: 5.26.100 [Licenne plate] Freight license sticker attached to vehicle. Every vehicle licensed under this chapter shall have a (plate] sticker permanently affixed to the front windshield thereof in such manner that. the same may be plainly seen, such [plate] sticker to be furnished by the license supervisor, and which [plate] sticker shall bear a numerical number within the limits of the gross laden weight for which the vehicle is licensed as provided in Section 5.26.060, or its successor[-] ordinance. Said sticker is not transferable to any other vehicle. SECTION 2. That Section 12.56.330, Salt Lake City Code, relating to Freight curb loading zones, be, and the same hereby is, amended to read as follows: A r mil,- 12.56.330 Freight curb loading zones. A. No person shall stop a vehicle or permit the same to remain stopped for any purpose or length of time other than for the expeditious loading and/or unloading of materials in any place marked as a freight curb loading zone during the hours when the provisions applicable to such zones are in effect. Vehicles so using freight curb loading zones must have city freight permit and [commercial] freight license [platc] sticker permanently affixed to the front windshield of the vehicle as prescribed by city ordinance. In no case shall the stop for loading and/or unloading of materials exceed thirty minutes. B. * * * SECTION 3. This ordinance shall take effect upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990. CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor's action: Approved Vetoed. MAYOR -2- ATTEST: CITY RECORDER (SEAL) Bill No. OF 1990. Published: LVS:rc -3- LEROY W. HOOTON, JR. DIRECTOR WENDELL E. EVENSEN, P.E. macaw.O NgSUPERINTENDENT WATER SUPPLY&WATERWORKS E. TIM DOXEY DEPARTMENT OF PUBLIC UTILITIES SUPERINTENDENT Water Supply & Waterworks PALMER DEPAULIS WATER RECLAMATION JAMES M. LEWIS, C.P.A.	Water Reclamation	MAYOR CHIEF FINANCE& 1530 SOUTH WEST TEMPLE ACCOUNTING OFFICER SALT LAKE CITY, UTAH 84115 GEORGE JORGENSEN, P.E. CHIEF ENGINEER TO: Salt Lake City Council August 30, 1990 RE: MEMORANDUM OF UNDERSTANDING BETWEEN SALT LAKE CITY CORPORATION AND WASATCH, CACHE AND UINTAH NATIONAL FORESTS, SALT LAKE COUNTY, WASATCH COUNTY, UTAH STATE PARKS AND RECREATION, CITY OF MIDWAY AND UTAH DIVISION OF WILDLIFE RESOURCES • Recommendation: That the Council approve the agreement and forward to the Mayor for execution in behalf of the City. Availability of Funds: No Funds Needed Discussion: The purpose of the Memorandum of Understanding is to set up a task force of individuals from the various agencies to review the proposed master plan for the Brighton ski area. Please return document to this office for further processing. Submitted by: LEROY W HOOTO , JR. Director LWH:WEE: lb LEROY W. HOOTON, JR. DIRECTOR • WENDELL E. EVENSEN, P.E. $ \ ��[��ctMKMOM* SUPERINTENDENT 1J	JL�I1�11��`..�r55/u1!l1111 WATER SUPPLY 8 WATERWORKS E. TIM DOXEY DEPARTMENT OF PUBLIC UTILITIES SUPERINTENDENT Water Supply & Waterworks PALMER DEPAULIS WATER RECLAMATION Water Reclamation	MAYOR JAMES M. LEWIS, C.P.A. CHIEF FINANCE a 1530 SOUTH WEST TEMPLE ACCOUNTING OFFICER SALT LAKE CITY, UTAH 84115 GEORGE JORGENSEN, P.E. CHIEF ENGINEER August 30, 1990 Palmer A. DePaulis Mayor of Salt Lake City 451 South State Street Salt Lake City, Utah 84111 Dear Mayor DePaulis: Attached for your approval and signature is a Memorandum of Understanding between Salt Lake City Corporation and Wasatch, Cache and Uinta National Forests, Salt Lake County, Wasatch County, Utah State Parks and Recreation, City of Midway and Utah Division of Wildlife Resources. The purpose of this Memorandum of Understanding is to set up a task force of individuals from the various agencies to review the proposed master plan for the Brighton ski area. Sincerely, LEROY	HOOTON JR. Director LWH:WEE: lb Attachment RESOLUTION NO. OF 1990 AUTHORIZING THE APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN SALT LAKE CITY CORPORATION AND WASATCH, CACHE AND UINTA NATIONAL FORESTS, SALT LAKE COUNTY, WASATCH COUNTY, UTAH STATE PARKS AND RECREATION, CITY OF MIDWAY AND UTAH DIVISION OF WILDLIFE RESOURCES 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 Memorandum of Understanding as follows: Concerning the review and assessment of the proposed Master Plan for Brighton Ski Area from Boyne, Utah. 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 I United States Forest Wasatch-Cache Salt Lake Ranger District Department of Service National 6944 South 3000 East ('�) Agriculture Forest Salt Lake City, Utah 84121 (801) 524-5042 Reply to: 1580 Date: August 22, 1990 Mr. Russ Hone Salt Lake City Dept. of Public Utilities 1530 South West Temple Salt Lake City, Utah 84115 Dear Russ: Please find enclosed a copy of the Memorandum of Understanding (MOU) outlining the joint review for the proposed Master Plan for the Brighton Ski Area. Only the appropriate pages for your agency' s signature are included to facilitate a faster response. The numerous pages for signature represent the need for a specified number of original copies to be deposited with certain agencies. Since you are the designated representative for your agency, would you please sign the documents as soon as possible and mail them to the Salt Lake Ranger District. Upon receipt of all signed copies we will assemble and distribute the complete MOU to each agency. 4 If you have any questions, please contact John Hoagland of this office. Sincerely, MICHAEL SIEG District Ranger U�S Caring for the Land and Serving People FS•6200.28b(4/88) MEMORANDUM OF UNDERSTANDING WITH WASATCH-CACHE NATIONAL FOREST UINTA NATIONAL FOREST WASATCH COUNTY SALT LAKE COUNTY UTAH STATE PARKS AND RECREATION CITY OF MIDWAY SALT LAKE CITY PUBLIC UTILITIES UTAH DIVISION OF WILDLIFE RESOURCES CONCERNING THE REVIEW AND ASSESSMENT OF THE PROPOSED MASTER PLAN FOR BRIGHTON SKI AREA-BOYNE USA I . The Parties The participants to this Memorandum of Understanding (MOU) are the USDA Forest Service, (Forest Service) ; the Board of County Commissioners, Wasatch County and Salt Lake County (County) ; Utah State Parks and Recreation (State) , the Town of Midway (Town) ; Salt Lake City Public Utilities (City) ; the Division of Wildlife Resources (Division) and Brighton Ski Area (Proponent) ; all such participants sometimes collectively hereinafter referred to as the "Parties. " II . Introduction and Purposes On May 17 , 1990 the Proponent presented to the Forest Service and the Counties a Master Plan outlining long and short term development goals for the ski area. These goals include development on both National Forest lands and private lands in both Counties. The Parties find it appropriate and in the public interest to gather information on the Project for inclusion in the environmental analysis to be prepared by the Forest Service or its approved contractor and to be reviewed by the Forest Service. The Parties also recognize that each has certain special opportunities for providing information and technical services, and that each has certain responsibilities for decisions related to the project and its consequences; and, the Parties agree to perform such functions in a timely manner. All Parties further agree that this MOU shall not operate to unduly influence or prejudice the outcome of any specific decision contemplated in the scope of this review and assessment. The purpose of this MOU is to set forth the conditions and procedures to be followed to complete the major steps of the Joint Review Process (JRP) , listed in Exhibit A, for the simultaneous accomplishment of and compliance with the National Environmental Policy Act (NEPA) , an Environmental Document under the framework of Council on Environmental Quality (CEQ) Reg. 40 C.F.R. 1506.5, and the National Forest Management Act of 1976. For Wasatch County, the Wasatch County Development Code, as delegated by title 17, chapter 27 of the Utah Code Annotated, 1953. III. Roles The Forest Service is responsible for the administration of the National Forest System lands and the implementation of policies and plans for the use thereof, including the issuance of special use permits for commercial alpine skiing on these lands. Wasatch County has jurisdiction for Planning, Zoning and Building review and approval in the unincorporated areas of Wasatch County, Utah. Wasatch County is a general purpose government and exercises primary police powers for the public health and safety in the unincorporated areas of Wasatch County as well as providing for or regulating most public services in the unincorporated areas of the County, including police, jail, search and rescue, emergency dispatch and fire suppression services. Salt Lake County is responsible for the administration and implementation of land use policies, planning, and ordinances for all land in the County under its jurisdiction, including the issuance of permits. Salt Lake Public Utilities is responsible for control of its Watersheds, surplus water contracts, all City owned lands and the implementation of policies and plans for the use thereof. The State Division of Parks and Recreation by statute, administrative rule and policy must preserve, protect, and otherwise manage the physical, biological and cultural resources within the boundaries of Wasatch Mountain State Park. City of Midway has jurisdiction for planning, zoning and building review and approval for all areas and developments within the City boundaries of Midway. The City of Midway has further jurisdiction or influence for developments in the area of the boundaries outside of the City of Midway according to State Law relating to annexations. The State Division of Wildlife Resources is the wildlife authority for the State of Utah and has the responsibility to protect, propagate, manage, conserve, and distribute protected wildlife throughout the state. The Brighton Ski Area is responsible for providing information about the proposal to properly evaluate it, to show that potential adverse effects will be mitigated to acceptable standards, to meet the criteria and standards established and to show how the work will be performed in accordance with approved plans . The Parties are responsible for providing appropriate information relative to the Project proposal so that it may be properly evaluated. Further, the Parties are responsible for reviewing in a timely manner the EIS to assure all significant issues have been addressed and potential environmental impacts have been adequately reviewed and assessed. IV. Implementation All parties agree to further study the Project proposal,to establish a Joint Review committee and to cooperate in the following manner: A. Each and all Parties will: 1. Be responsible for certain specific concerns and activities to be mutually agreed upon. 2. Adhere to, as much as possible, the schedule for the project attached here as Exhibit A. Should a major schedule change be contemplated, the parties will review the circumstances and determine how and if the schedule should be modified. 3. Share expertise with other Parties . 4. Provide the analysis of those elements of the project proposal which are subject to each Party's individual jurisdiction. S. Share information related to the Project proposal with all Parties. 6. Jointly recommend to the Forest Supervisor, Wasatch-Cache National Forest, an independent consultant or consultants where needed as provided under this MOU. 7. Define required criteria and have data in their areas of responsibility. B. The Forest Service will: 1. Be responsible for the administration and implementation of policies and plans for the use of National Forest System lands, including the issuance and administration of special use permits for commercial and non-commercial uses on these lands. 2. The Forest Supervisors of the Wasatch-Cache and Uinta National Forests will coordinate their respective responsibilities. The Wasatch-Cache will primarily serve as the lead Forest as appropriate. 3 . Serve as the lead agency in supervising and guiding the preparation of the EIS and directing the consultant. 4. In consultation with the Joint Review committee be responsible for review and approval of the scope of work for the proponents' retained consultants. 5. Will direct the consultants in matters relative to NEPA and preparation of NEPA documents. 6. Be responsible for accuracy, verification, scope and content of material used in preparation of NEPA documents. 7. Prepare and distribute the EIS in a prescribed manner and format to satisfy: (a) Requirements under NEPA and guidelines promulgated pursuant to NEPA, FSM and FSH. C. Wasatch County Will: 1. Cooperate with the lead agency in the preparation of the EIS. 2 . Consult with the parties to this agreement and provide a scope of work for the consultants as needed for Wasatch County decisions relative to the proposal. 3. Direct the consultants in matters relative to the Wasatch County Development Code. 4. Review and provide comments about the material used in preparation of NEPA documents and other documents as required to meet the standards of Wasatch County. 5. Conduct hearings and perform all other duties required of Wasatch County under the Wasatch County Development Code. 6. Coordinate all water quality matters regarding the Deer Creek and Jordanelle Reservoir Management Plan and the Jordanelle Technical Advisory Committee. D. Salt Lake County Will: 1. Participate in guiding the preparation of the EIS by providing direction on Salt Lake County's views. 2. Insure the proposal complies with Salt Lake County Ordinances, the Wasatch Canyons Master Plan and the permitting process. 3. Participate in public hearings and provide direction on requirements of Salt Lake County's review process for that portion of the Plan that falls under it' s jurisdiction. 4. In consultation with the Joint Review Committee be responsible for review and approval of the scope of work for the proponents' retained consultants. 5. Participate in reviewing the overall Master Plan to insure the proposal does not negatively affect the canyon environment and especially transportation and parking within Big Cottonwood Canyon. E. The State Division of Parks and Recreation Will: 1. Will advise and recommend to the lead agency, Forest Service, regarding those aspects of the proposal that may impact on the functions of the division and the Wasatch Mountain State Park. 2. Submit Division response comments as necessary to project proponents and the committee. F. The City of Midway Will: 1. Conduct hearings and perform all other duties allowed or required of Midway City under the jurisdiction of State law or the Midway City Zoning Ordinance. 2. Serve as one Agency in reviewing proposals relating to watershed in the Wasatch County portion of the project. 3. Serve as one Agency in the review of transportation proposals in the Wasatch County portion of the proposal. G. The Salt Lake City Will: 1. Serve as the agency in supervising and guiding the protection of Salt Lake City' s Watershed in Salt Lake County. 2. Assist in the developing of a program which determines the amount, type and location of future development in the canyons. 3. Solely determine if, when and where any surplus water will be available for future development in Salt Lake County. H. The State Division of Wildlife Resources Will: 1. Identify wildlife habitats present within the project area. 2. Identify potential impacts to wildlife from the project proposal. 3. Identify plans for mitigation, compensation, and enhancement of wildlife. 4. Submit Division response comments as necessary to project proponents and the committee. I. The Proponent Will: 1. Recommend as a party to the MOU and pay costs for the retention of independent private consultant(s) whose responsibility will be be preparation of data for completion of the EIS. 2. Enter into a collection agreement with the Wasatch-Cache National Forest whereby the proponent will provide funds to the Forest Service to cover the estimated cost of completing the EIS and associated administrative costs. 3. The Proponent will be responsible for the submission of a Master Plan proposal in sufficient detail to allow the parties to complete each step of the JRP. The Master Plan proposal shall become part of the assessment document. J. The consultant will: 1. Be under the direction of the Lead Agency. 2. Through the Forest Service, cooperate with and be responsive to the JRP and all participating entities. 3. Will be compensated by the proponent upon Forest Service review of invoices for services. V. Amendments Any change or amendment to this MOU or any attachments hereto may be made only with the consent of all Parties of the lead agency. VI. Miscellaneous Provisions All parties shall have an opportunity to participate in the development of the work outline for items within their individual areas of jurisdiction. Nothing in this MOU shall be construed as obligating the Parties to expend funds, or involving said parties in any obligation for future payment of money in excess of appropriations already authorized. No member of or delegate to Congress, or resident commissioner shall take part in this MOU, or benefit herefrom. In carrying out the terms of this MOU, there shall be no discrimination against any person because of race, creed, color, sex or national origin. Any Party may hire any additional consultant(s) at its own costs and without the approval of the other Parties hereto. Any Party may terminate participation in this MOU by providing 30 days written notice to the other parties hereto. EXHIBIT A ACTION SCHEDULE FOR BRIGHTON MASTER PLAN INTERNAL ACTIONS, NEPA STEPS AND EXTERNAL ACTIONS Internal Actions NEPA Steps External Actions -Review Master Plan Proposed action Brighton meet with parties to agree on content. 5/17-7/15 Brighton Master agree on MP content. Plan-Snake Ck. Sign Collection agreement. 1. Plan content meeting Collection Agreements Work Planning 7/3 -Review public reaction ' Initial sco.in• ' Wasatch Co. Summarize public to proposal 6/15-7/16 meetings. 1. Public Involvment meeting Review meetings to date Scoping review 7/12 -Review analysis to 'Analysis' Alpentec and others complete date (ie Alpentec) 7/1-31 initial analysis. 1. Consultant to schedule Report to FS by 7/31 -Prepare joint review Determination of Review of joint review documents 6/15-7/15 si•nificance	by other entities. -Sign joint review Other entities to sign documents 7/31 agreement. 1. Joint review committee meeting 7/31 -File in Federal 'Notice of Intent' register 7/15 Brighton to send consultant recommendations to FS 6/25 -Scoping letter 8/10 'public Scoping' 1. Scoping Meeting 7/16 FS with consultant and joint review committee. -Scoping period 8/3-9/30 1. First ID team meeting FS and consultant teams 8/17 2. Schedule first public meeting	Consultant Organize, FS to Wasatch Co. and Salt Lake Co.	facilitate -ID team and Environmental consultant analysis 8/30-10/30 Analysis Consultant analysis due 11/4 1. Formal ID team meeting Analysis Progress 9/19 -Write Draft EIS 10/15-12/1 'Pre are Draft' -Begin SO review 12/1 Consultant to help with draft -Prepare filing	1/14-1/18 'Filin Notice' Arrange for printing of draft 1. Formal ID team meeting Final analysis review 1/15 -Complete SO review 1/15	'Draft EIS' -File with EPA 1/30 1. Schedule second public meetings -45 days ending	3/16/91 'Review Period' Content analysis of public comments . -Prepare final from	Prepare Final comments 1/15-4/15 EIS Consultant to help with final -Prepare filing	4/22-4/26 'File with EPA' Arrange for printing of final -File with EPA 5/1	' Final EIS -Issue FIES	5/15 Record of Obtain necessary permits -Issue Rec of Dec 5/15 Decision -Appeal period ends 6/30 'Appeal Period' Develop monitoring and inspection plan -May implement if Implementation necessary 7/1/91 if necessary EXHIBIT B Consultant Analysis Team (Tenative) 1. DEMOGRAPHIC AND ECONOMIC ANALYSIS Utah Office of Planning and Budget Brad Barber, Director 2. VISUAL ANALYSIS AND GRAPHICS Landmark, Inc. Jan Striefel, President 3. TRANSPORTATION, HIGHWAY AND PARKING ANALYSIS Centennial Engineering, Inc. David W. Berg, Vice President 4. SOIL, WATER AND VEGETATION RESOURCES ANALYSIS Mount Nebo Scientific Patrick Collins, Phd. President 5. WATER QUALTIY ANALYSIS Hansen, Allen, and Luce Bill Luce, Partner EXHIBIT C Joint Review Committee Representatives WASATCH-CACHE NATIONAL FOREST JOHN F. HOAGLAND UINTA NATIONAL FOREST STEVE WINSLOW WASATCH COUNTY BOB MATHIS CITY OF MIDWAY RANDY DECHAMPS SALT LAKE CITY PUBLIC UTILITIES RUSS HONE SALT LAKE COUNTY CAL SCHNELLER UTAH STATE DIVISION OF WILDLIFE RESOURCES PAUL TERVORT UTAH STATE DIVISION OF PARKS AND RECREATION TERRY GREEN WASATCH MOUNTAIN STATE PARK DON MORGAN This MOU shall be effective upon the signatures of all Parties identified below. Approved SALT LAKE CITY By: Mayor Attested by: City Recorder MIKE ZUHL SAL LAKE lilt CORPORATION, LEE KING 1%TE RIM()till-.:TOR 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 September 11, 1990 Re: Petition No. 400-768 and 400-842 submitted by Ensign Downs, Inc. Recommendation: That the City Council hold a public hearing on October 16, 1990 at 6:30 p.m. to discuss Petition Nos. 400-768 and 400-842 submitted by Ensign Downs, Inc. The petitioners are requesting that property located at approximately 1100 East Capitol Boulevard, approximately 10 Dorchester and west of Ensign Peak at approximately 1000 North Street be rezoned from "R- 1" to a "R-IA" classification. Availability of Funds: Not applicable Discussion and Background: The petitioners are requesting the zone change to allow three separate planned unit developments within the Ensign Downs development master plan area. The current zoning is "R-1" (Single Family Residential) and P-1" (Foothill Preservation District) . The requested zoning will allow Planned Unit Developments. Additional information will be provided to the City Council before the public hearing date. A briefing and a tour have been scheduled for September 24, 1990. Legislative Action: An ordinance will be prepared and submitted for your review prior to the public hearing date. Submitted by: ICHAEL B. Z Interim Direc LAW OFFICES BALLARD, SPAHR, ANDREWS a INGERSOLL 2Or" FLooR AMERICAN PLAZA II, SUITE 400 30 SOUTH 17,, STREET PHILADELPHIA,PA 19103 57 WEST 200 SOUTH ONE WESTLAKES SALT LAKE CITY, UTAH 84101 1235 WESTLAKES DRIVE BERWYN, PA 19312 801 359-1800 SUITE 2300 TELECOPIER:801 521-5364 1226 17,4 STREET CABLE:BALLARD DENVER,CO 80202 SIESMAYERSTRASSE 44 • D 6000 FRANKFURT/MAIN 1 FEDERAL REPUBLIC OF GERMANY SUITE 900 EAST 555 13r,, STREET, N.W. WASHINGTON,D.C.20004 September 12, 1990 HAND DELIVERED o S E P 1 1990 SALT LAKE CITY COUNCIL Ms. Cindy Gust-Jensen City Council Office Salt Lake City 451 South State Street Salt Lake City, UT Dear Cindy: Enclosed are seven copies of a resolution to be considered by the City Council at the September 18, 1990 meeting approving supplements to the Lease and Sublease Agreements with respect to the Salt Lake City-Compeq tax-exempt lease financing. Also enclosed is a suggested paragraph for the meeting agenda. Roger Cutler has reviewed and approved the resolution and the supplements, noting that this step was anticipated in the original financing documents. Bob Buchanan was provided with copies of the documents by my transmittal letter of September 6, 1990. A blacklined copy of the resolution is being sent to both Roger and Bob by copy of this letter indicating revisions made since September 6. Buzz Hunt has been notified that we have requested the resolution be placed on the agenda and a copy of the documents are being provided to him by copy of this letter, also. September 12, 1990 Page 2 If you have any questions or concerns, please call me or Kathy, my legal assistant. Sincerely, iftZ- Richard S. Fox /kj c: Roger Cutler B. L. Hunt Bob Buchanan Julie Hong ED146O7 (Pr) Salt Lake City, Utah September 18, 1990 The City Council (the "City Council" ) of Salt Lake City, Salt Lake County, Utah met in regular session on September 18, 1990, at its regular meeting place in Salt Lake City, Utah, at 6:00 p.m. with the following members of the City Council present: Alan Hardman Chair 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 had been duly called to order and after other matters not pertinent to this resolution had been discussed, the City Recorder presented to the City Council a Certificate of Compliance With Open Meeting Law with respect to this September 18, 1990 meeting, a copy of which is attached hereto as Exhibit "A" . The Chair then stated that the meeting was called for the purpose, among other things, of authorizing Supplements to a Lease-Purchase Agreement between Gelco Finance Corporation, as Lessor, and Salt Lake City, Utah, as Lessee, dated as of December 15, 1989 and a Sublease-Purchase Agreement between Salt Lake City, Utah, as Sublessor, and Compeq International Co. , Ltd. , as Sublessee, dated as of December 15, 1989 . Thereupon, the following resolution was introduced in written form, discussed in full, and pursuant to motion made by Councilmember	and seconded by Councilmember	, adopted by the following vote: YEA: NAY: The resolution was then signed by the Chair, presented to and approved by the Mayor and recorded by the City Recorder in the official records of Salt Lake City, Utah. The resolution is as follows: BD146O7 (PE) 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL (THE "CITY COUNCIL" ) OF SALT LAKE CITY, UTAH APPROVING AND AUTHORIZING EXECUTION OF A FIRST SUPPLEMENT TO A LEASE-PURCHASE AGREEMENT BY AND BETWEEN GELCO FINANCE CORPORATION, AS LESSOR, AND SALT LAKE CITY, UTAH, AS LESSEE, DATED AS OF DECEMBER 15 , 1989 AND A FIRST SUPPLEMENT TO A SUBLEASE-PURCHASE AGREEMENT BY AND BETWEEN SALT LAKE CITY, UTAH, AS SUBLESSOR, AND COMPEQ INTERNATIONAL CO. , LTD. , AS SUBLESSEE, DATED AS OF DECEMBER 15, 1989 . WHEREAS, Salt Lake City, Utah (the "City" ) has entered into a $1 , 000,000 Tax-Exempt Lease Purchase to finance a portion of the costs of the acquisition of certain equipment described on Exhibit "B" attached hereto (the "Equipment" ) ; and WHEREAS, in order to effectuate the financing of such equipment the City entered into a Lease Agreement by and between Gelco Finance Corporation, as Lessor, and Salt Lake City, Utah, as Lessee, dated as of December 15, 1989 (the "Lease" ) and a Sublease Agreement by and between Salt Lake City, Utah, as Sublessee, and Compeq International Co. , Ltd. , as Sublessee, dated as of December 15, 1989 (the "Sublease" ) (the Lease and the Sublease are sometimes collectively referred to herein as the "Lease-Purchase Documents" ) ; and WHEREAS, the Parties to the Lease-Purchase Documents entered into an Escrow Agreement also dated as of December 15, 1989 by and among the Lessor, the Lessee, the Sublessor BD14607 (PE) 3 and the Sublessee with Zions First National Bank as Escrow Agent pertaining to the financing of the Equipment; and WHEREAS, proceeds of the Lease and Sublease are being held by the Escrow Agent pending the issuance of a Letter of Credit and Guaranty as provided in the Escrow Agreement; and WHEREAS, agreement has been reached as to a Letter of Credit, a Substitute Letter of Credit, a Letter of Credit Provider, provisions allowing for a substitute Letter of Credit Provider and the form of the Guarantee; and WHEREAS, construction of the plant into which the Equipment must be installed has commenced and provision for the Letter of Credit, Substitute Letter of Credit and Guarantee are prerequisites for the drawing of moneys from the Equipment Acquisition Fund under the Escrow Agreement; and WHEREAS, the Parties to the Lease-Purchase Documents desire to supplement the Lease-Purchase Documents pursuant to the First Supplement to Lease-Purchase Agreement in substantially the form attached hereto as Exhibit "C" and the First Supplement to Sublease-Purchase Agreement in substantially the form attached hereto as Exhibit "D" and presented to the meeting at which this Resolution was adopted (Exhibit "C" and Exhibit "D" collectively referred to herein as the "Supplements" ) . NOW, THEREFORE, It Is Hereby Resolved by the City Council of Salt Lake City, Utah as follows : BD14607 (Pr) 4 Section 1 . The terms defined or described in the recitals hereto shall have the same meanings when used in the body of this Resolution. Section 2 . The form of Supplements attached hereto as Exhibits "C" and "D" are hereby approved with such additions, modifications, deletions and changes thereto as may be deemed necessary or appropriate and approved by the City' s Mayor, whose execution thereof on behalf of the City shall conclusively establish such necessity, appropriateness and approval with respect to all such additions, modifications, deletions and changes incorporated therein. Section 3 . The Mayor and City Recorder are hereby authorized and directed to execute and attest the Supplements on behalf of the City. Section 4. The Mayor and City Recorder and all other appropriate officers of the City are hereby authorized to take all other actions necessary or reasonably required to carry out, give effect to and consummate the transactions contemplated hereby and by the Supplements . Section 5 . It is hereby declared that all parts of this Resolution and its Exhibits are severable, and if any section, paragraph, clause or provision of this Resolution and its Exhibits 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 and its Exhibits . BD146O7 (PF) 5 Section 6 . All resolutions, orders and regulations or parts thereof heretofore adopted or passed which are in conflict with any of the provisions of this Resolution are, to the extent of such conflict, hereby repealed. This repealer shall not be construed so as to revive any resolution, order, regulation or part thereof heretofore repealed. Section 7 . This Resolution shall take effect immediately upon its approval and adoption by the City Council. APPROVED AND ADOPTED this day of September, 1990. Chair Attest: City Recorder ( S E A L ) B11)146O7 (PF) 6 PRESENTATION TO THE MAYOR The foregoing resolution was presented to the Mayor Pro Tem 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. Michael B. Zuhl Mayor Pro Tem BD14607 (PF) 7 STATE OF UTAH ) . ss. COUNTY OF SALT LAKE ) I , Kathryn Marshall , the duly qualified and acting City Recorder of Salt Lake City, Utah do hereby certify according to the records of the City in my official possession that the foregoing constitutes a true and correct copy of the minutes of the meeting of the City Council held on September 18, 1990, including a resolution adopted at said meeting as said minutes and resolution are officially of record in my possession. IN WITNESS WHEREOF, I have hereunto subscribed my official signature and impressed hereon the official seal of the City, this day of September, 1990. City Recorder ( S E A L ) SD146O7 (PF) 8 as Schedule "A" to be delivered to the Deseret News on September _, 1990, at least 24 hours before the convening of the meeting. IN WITNESS WHEREOF, I have hereunto subscribed my signature and impressed hereon the official seal of Salt Lake City this day of September, 1990. City Recorder ( S E A L ) BD14607 (Ps) 10 SCHEDULE "A" Notice of Meeting BD146O7 (Pr) 11 EXHIBIT "B" EQUIPMENT LIST BD14607 (PE) 12 EXHIBIT "C" FIRST SUPPLEMENT TO LEASE-PURCHASE AGREEMENT ED14607 (PE) 13 BD14138 (Ps) FIRST SUPPLEMENT TO LEASE-PURCHASE AGREEMENT This Supplement dated as of the day of 1990 (the "First Supplement" ) supplements and amends the Lease-Purchase Agreement between Gelco Finance Corporation as Lessor and Salt Lake City, Utah as Lessee dated as of the 15th day of December, 1989 (the "Lease" ) . The terms with initial capitalized letters in this Agreement, but not defined herein, shall have the meanings given to them in the Lease. This First Supplement between the Lessor and Lessee of the Lease modifies the Lease only as specifically provided herein. All other provisions of the Lease remain in full force, unchanged by this First Supplement. RECITALS WHEREAS, on or about December 15, 1989, Gelco Finance Corporation as Lessor and Salt Lake City, Utah as Lessee entered into the Lease, and Salt Lake City, Utah as Sublessor and Compeq International Co. , Ltd. , now known as Compeq International Corp. , as Sublessee entered into a Sublease; and WHEREAS, the parties entered into an Escrow Agreement also dated as of December 15, 1989 by and among the Lessor, the Lessee, the Sublessor and the Sublessee with Zions First National Bank as Escrow Agent pertaining to the financing of the Equipment described on Exhibit "A" of the Lease and Sublease ; and WHEREAS, proceeds of the Lease and Sublease are being held by the Escrow Agent pending the issuance of a Letter of Credit and Guaranty as provided in the Escrow Agreement; and WHEREAS, agreement has been reached as to acceptable terms of a Letter of Credit, the requirements for a Substitute Letter of Credit, a Letter of Credit Provider, provisions allowing for a Substitute Letter of Credit Provider, and the form of the Guarantee ; and WHEREAS, Sublessee has commenced construction of the plant into which the Equipment must be installed and provision for the Letter of Credit, Substitute Letter of Credit and Guarantee are prerequisites for the drawing down of moneys in the Equipment Acquisition Fund under the Escrow Agreement; NOW, THEREFORE, in the joint and mutual exercise of their powers and in consideration of the mutual covenants herein contained, the parties hereto recite and agree to the amendment of the Lease as follows: ARTICLE I Section 1 . 1 First Supplement to the Lease. This First Supplement is supplemental to the Lease and is executed in accordance with Section 11 . 4 of the Lease under which amendments, changes and modifications of the Lease are authorized. Section 1 . 2 Definitions. Unless the context clearly requires otherwise and except as otherwise defined herein, the meanings of all terms used herein shall have the meanings set forth in Article I of the Lease as supplemented by the following defined terms: First Supplement: This First Supplement to the Lease, all as more specifically identified in the first paragraph of this First Supplement. Letter of Credit: The definition in the Lease of Letter of Credit shall be replaced by the following: A standby letter of credit for one-half of the outstanding balance under the Lease and Sublease plus interest on one-half of the balance of said principal for a period of 290 days. The initial Stated Amount of the Letter of Credit is $531,215 . 60, which amount will be decreased when principal and interest are paid so as to reduce the outstanding balance of the Bonds . Letter of Credit Provider: Zions First National Bank in Salt Lake City, Utah, in place of the Letter of Credit Provider identified in the Lease. Substitute Letter of Credit:	A letter of credit satisfying the conditions set forth in Section 7 . 8 of the First Supplement to the Sublease-Purchase Agreement, replacing the Sublease as amended by Section 2 . 3 of the Letter of Credit prior to the expiration and in lieu of the renewal of the Letter of Credit. Substitute Letter of Credit Provider: The issuer of a Substitute Letter of Credit to be approved by the Lessor upon a showing of compliance with the conditions of Section 7 . 8 of the First Supplement to the Sublease-Purchase Agreement, pertaining to the Substitute Letter of Credit. ARTICLE II AMENDMENTS TO THE LEASE Section 2 . 1	Amendment of Section 4.2 . Section 4. 2 of the Lease is amended by the addition of Subsection (d) to read as follows: BD14138 (PF) 2 09/12/90 (d) The prepayment of the Lease-Purchase Payments with respect to the Equipment after requisitioning a draw on the Letter of Credit pursuant to the extraordinary mandatory prepayment requirement set out in Section 2 .2 of the First Supplement to the Lease. Section 2 .2	Amendment of Section 5. 1 of the Lease. Section 5 . 1 of the Lease is amended by a sentence to be added at the end of Section 5. 1 to read as follows : Money paid to the Sublessor and thence to the Lessor, on behalf of the Sublessee by the Letter of Credit Provider, the Substitute Letter of Credit Provider or the Guarantor, shall be deemed to be paid by the Sublessee. 2 . 3 Amendment of Section 5.2 of the Lease. Section 5 . 2 of the Lease is amended by replacing the first sentence of Section 5.2 with a new sentence to read as follows: All Lease-Purchase Payments and any other amounts required to be paid by Lessee pursuant to this Lease shall be paid only from moneys required to be paid by, or on behalf of, Sublessee pursuant to the Sublease . 2 .4 Amendment of Article VIII of the Lease. Article VIII of the Lease is amended by the addition of a new Section 8. 4 to read as follows: Section 8. 4	Extraordinary Mandatory Prepayment. In the event notice of renewal of the Letter of Credit or a Substitute Letter of Credit is not received within thirty (30) days preceding the termination of the term of the Letter of Credit, or the termination of any term of renewal or extension thereof, the entire balance of principal plus interest due under the Lease will be subject to an extraordinary mandatory prepayment and Lessor will requisition a draw on the Letter of Credit in accordance with its terms for the amount available to be drawn thereunder. To the extent amounts paid by the Letter of Credit Provider or Substitute Letter of Credit Provider are inadequate to fully fund the extraordinary mandatory prepayment, such Letter of Credit proceeds shall be supplemented by other funds available to the Sublessee and the Guarantor. In the event of failure by Sublessee and Guarantor to fully comply with the requirements of the extraordinary mandatory prepayment, Lessor shall retain and credit against the balance due under the Lease, all moneys paid by the Letter of Credit Provider or Substitute Letter of Credit Provider together with any other moneys paid to Lessor. Remedies provided in the Lease for events of default shall be available to the Lessor for any deficiency between the total amount BD14138 (PF) 3 09/12/90 then due under the Lease and the amount received by the Lessor. III EFFECTIVE DATE Section 3 . 1	Effective Date of First Supplement. Save and except as supplemented by this First Supplement, the Lease shall remain in full force 'and effect. The effective date of this First Supplement shall be the date of execution as indicated above the signature line for the Lessor. This First Supplement may be executed in counterparts, each of which shall be deemed an original and all of which, when so executed and delivered, shall constitute but one and the same instrument. IN WITNESS WHEREOF, Lessee and Lessor cause this First Supplement to be executed all as of this day of 1990. GELCO FINANCE CORPORATION By SALT LAKE CITY, UTAH By Mayor ATTEST: City Recorder BD14138 (PF) 4 09/12/90 EXHIBIT "D" FIRST SUPPLEMENT TO SUBLEASE-PURCHASE AGREEMENT BD14607 (PF) 14 ED14482 (PF) FIRST SUPPLEMENT TO SUBLEASE-PURCHASE AGREEMENT This Supplement dated as of the day of 1990 (the "First Supplement" ) supplements and amends the Sublease-Purchase Agreement between Salt Lake City, Utah as Sublessor and Compeq International Corp. , formerly known as Compeq International Co. , Ltd. , as Sublessee dated as of the 15th day of December, 1989 (the "Sublease" ) . The terms with initial capitalized letters in this Agreement, but not defined herein, shall have the meanings given to them in the Sublease. This First Supplement between the Sublessor and Sublessee of the Sublease modifies the Sublease only as specifically provided herein. All other provisions of the Sublease remain in full force, unchanged by this First Supplement. RECITALS WHEREAS, on or about December 15, 1989, Gelco Finance Corporation as Lessor and Salt Lake City, Utah as Lessee entered into the Lease, and Salt Lake City, Utah as Sublessor and Compeq International Co. , Ltd. , now known as Compeq International Corp. , as Sublessee entered into a Sublease; and WHEREAS, the parties entered into an Escrow Agreement also dated as of December 15, 1989 by and among the Lessor, the Lessee, the Sublessor and the Sublessee with Zions First National Bank as Escrow Agent pertaining to the financing of the Equipment described on Exhibit "A" of the Lease and Sublease; and WHEREAS, proceeds of the Lease and Sublease are being held by the Escrow Agent pending the issuance of a Letter of Credit and Guaranty as provided in the Escrow Agreement; and WHEREAS, agreement has been reached as to acceptable terms of a Letter of Credit, the requirements for a Substitute Letter of Credit, a Letter of Credit Provider and provisions for a Substitute Letter of Credit Provider, and the form of the Guarantee ; and WHEREAS, Sublessee has commenced construction of the plant into which the Equipment must be installed and provision for the Letter of Credit, Substitute Letter of Credit and Guarantee are prerequisites for the drawing down of moneys in the Equipment Acquisition Fund under the Escrow Agreement; NOW, THEREFORE, in the joint and mutual exercise of their powers and in consideration of the mutual covenants herein contained, the parties hereto recite and agree to the amendment of the Sublease as follows : ARTICLE I Section 1 . 1 First Supplement to the Sublease. This First Supplement is supplemental to the Sublease and is executed in accordance with Section 13 . 5 of the Sublease under which amendments, changes and modifications of the Sublease are authorized. Section 1 .2 Definitions. Unless the context clearly requires otherwise and except as otherwise defined herein, the meanings of all terms used herein shall have the meanings set forth in Article I of the Sublease as supplemented by the following defined terms : First Supplement: This First Supplement to the Sublease, all as more specifically identified in the first paragraph of this First Supplement. Letter of Credit: The definition in the Sublease of Letter of Credit shall be replaced by the following: A standby letter of credit for one-half of the outstanding balance under the Lease and Sublease plus interest on one- half of the balance of said principal for a period of 290 days. The initial Stated Amount of the Letter of Credit is $531, 215 . 60, which amount will be decreased when principal and interest are paid so as to reduce the outstanding balance of the Bonds . Letter of Credit Provider: Zions First National Bank in Salt Lake City, Utah, in place of the Letter of Credit Provider identified in the Sublease . Substitute Letter of Credit:	A letter of credit satisfying the conditions set forth in Section 7 . 8 herein, replacing the Letter of Credit prior to the expiration and in lieu of the renewal of the Letter of Credit. Substitute Letter of Credit Provider: The issuer of a Substitute Letter of Credit to be approved by the Lessor upon a showing of compliance with the conditions of Section 7 . 8 of the Sublease as amended by Section 2 . 2 of this First Supplement to the Sublease pertaining to the Substitute Letter of Credit. ARTICLE II AMENDMENTS TO THE SUBLEASE Section 2 . 1	Amendment of Section 4.2 . Section 4.2 of the Sublease is amended by the addition of Subsection (d) to read as follows: BD14482 (PF) 2 09/12/90 (d)	The prepayment of the Sublease-Purchase Payments with respect to the Equipment after requisitioning a draw on the Letter of Credit pursuant to the extraordinary mandatory prepayment requirement set out in Section 2 .3 of the First Supplement to the Sublease. Section 2 . 2	Amendment of Article VII of the Sublease Regarding Letter of Credit and Substitute Letter of Credit Provisions. Article VII of the Sublease is amended by the addition of new Sections 7 . 5 through 7 .8 to read as follows: Section 7 . 5 Letter of Credit. Prior to drawing from the Equipment Acquisition Fund the Sublessee shall furnish to Lessor the Letter of Credit, being an Irrevocable Standby Letter of Credit in favor of the Lessor for one/half of the principal balance due under the Sublease and Lease plus 290 days interest at the rate of 7 . 75% per annum on 50% of the principal balance of the Lease and Sublease and having an expiration date not earlier than 106 days following any Payment Date. The Letter of Credit shall be substantially in the form of attached Exhibit "A" . Section 7 . 6 Extension. The Sublessee may arrange to extend the term of the Letter of Credit for an additional term of not less than one year. The Sublessee shall give Lessor and the Escrow Agent written notice of such extension, no later than sixty (60) days preceding the expiration date of the Letter of Credit. If granted, copies of the Letter of Credit, as extended, shall be delivered to the Lessor no later than thirty (30) days immediately preceding the Expiration Date of the then existing Letter of Credit. Section 7 . 7 Substitute Letter of Credit. In the event Sublessee is unable to arrange for an extension of the Letter of Credit from the Letter of Credit Provider, no later than 60 days preceding the Expiration Date of the then existing Letter of Credit, the Sublessee shall provide notice of the issuance of a Substitute Letter of Credit by a Substitute Letter of Credit Provider and shall cause to be delivered to the Lessor no later than thirty (30) days immediately preceding the Expiration Date of the existing Letter of Credit, the Substitute Letter of Credit, effective on the date of expiration of the Letter of Credit. Unless alternative provisions are approved in advance in writing by the Lessor, the Substitute Letter of Credit shall bear a rating from Moodys or Standard & Poors at a rating level no less than BD14482 (PF) 3 09/12/90 the rating of the Letter of Credit which it will replace and it shall provide terms substantially comparable to the terms of the form of Letter of Credit set out in Exhibit "A" . Section 7 . 8 Guarantee. The timely performance of all duties, covenants and requirements of the Sublessee under the Sublease and Escrow Agreement shall be fully guaranteed by the Guarantor under a Guarantee agreement substantially similar to the form of the Guarantee agreement set out as attached Exhibit "B" . Delivery to the Lessor of an executed copy of the Guarantee shall be a prerequisite to the receipt by Sublessee of draws from the Equipment Acquisition Fund held by the Escrow Agent. Section 2 . 3	Amendment. Article X of the Sublease is amended by the addition of a new Section 10. 4 of the Sublease to read as follows: Section 10. 4 Extraordinary Mandatory Prepayment. In the event notice of renewal of the Letter of Credit or a Substitute Letter of Credit is not received within thirty (30) days preceding termination of the term of the Letter of Credit, or the termination of any term of renewal or extension thereof, the entire balance of principal plus interest due under the Sublease will be subject to an extraordinary mandatory prepayment and Lessor will requisition a draw on the Letter of Credit in accordance with its terms for the full amount available to be drawn thereunder. To the extent amounts paid by the Letter of Credit Provider or Substitute Letter of Credit Provider are inadequate to fully fund the extraordinary mandatory prepayment, such Letter of Credit proceeds shall be supplemented by other funds available to the Sublessee and the Guarantor. In the event of failure by Sublessee and Guarantor to fully comply with the requirements of the extraordinary mandatory prepayment, Lessor shall retain and credit against the balance due under the Lease, all moneys paid by the Letter of Credit Provider or Substitute Letter of Credit Provider together with any other moneys paid to the Lessor. Remedies provided in the Sublease for events of default shall be available to the Sublessor and Lessor for any deficiency between the total amount then due under the Sublease and the amount received by the Lessor. BD14482 (PF) 4 09/12/90 III EFFECTIVE DATE Section 3 . 1	Effective Date of First Supplement. Save and except as supplemented by this First Supplement, the Sublease shall remain in full force and effect. The effective date of this First Supplement shall be the date of execution as indicated above the signature line for the Sublessor. This First Supplement may be executed in counterparts, each of which shall be deemed an original and all of which, when so executed and delivered, shall constitute but one and the same instrument. IN WITNESS WHEREOF, Sublessee and Sublessor cause this First Supplement to be executed all as of this	_ day of , 1990. SALT LAKE CITY, UTAH By Mayor ATTEST: City Recorder COMPEQ INTERNATIONAL CORP. (formerly known as Compeq International Co. , Ltd. ) By • BD14482 (PF) 5 09/12/90 LEE KING SALT i r�!a�;CITYf R VA DIRECTOR COMMUNITY and ECONOMIC DEVELOPMENT Capital Planning and Programming CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, ROOM 418 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7902 September 14 , 1990 TO: Mayor Palmer DePaulis	cc: City Council FROM: Lee King 6.9-- RE: Compeq International IDB We have received a copy of the request by bond counsel representing Compeq International for an amendment to the equipment lease and sublease agreement supported by the industrial revenue development bonds issued by Salt Lake City, December 1989 . As noted by Roger Cutler, this procedure was anticipated in the initial financing documents and has no repercussion on City participation in issuing the bonds . Because of the nature of the application and previous action taken, we see no need to conduct additional review or submit the amendment for consideration by the Incentives and Grants Review Committee . We recommend the request be approved and the City Council be so advised to facilitate action on this matter September 18 . C TTA�77�+�,, MIKE ZUHL S JL1L !]1 "CITY' RPO IONT 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 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 Funds: 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 Conuuission 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 fcc. 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 recommendation 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: eLjr (5? Cf 1AFT B. ZUF-IL Interim Director DRAFT 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. F,Jr 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[ ,,-]_ [e for every four sea-tc provided-in such-pIaec of assem-b-lam] 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- • ALLEN C. JOHNSON, AICP 'ALT' M 1 , "I TY( G RP 3 'RATION= N� .v�� A.»�	•.. d.6niau �nua .awn?,1 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 Corrununity & 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 Eor 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 L.Lena. 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 Cononission 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 (II) . "For any theater, auditorium, stadium or similar use designed to draw an assembly of persons; one ( I ) parking space for every four (4) seats provided in such place of assemby, 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 recc nncnda t i on from the Salt lake City Transportation Engineer and making a finding based upon the evidence submitted. Determination or 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. Respectfully Submitted, Allen/C. John on AICP Pla ng Dir ctor 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 OVFR 1 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 Conuiiission 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! r1'he 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 Coiinission 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 Eull 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. • 'DOS 4 14 ICN 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 21.84.030 (H) . "For any theater, auditorium, stadium or similar use designed to draw an assembly of persons, one (1) parking space for every four (41) seats provided in such place of assembly, or the Planning Commission may determine the parking requirement for such uscl., and support facilities contained within the structure after analyzing a professionally prepared parking analysis and feasibility study, receiving a recommenda L ion from Lhe Salt Lake 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. lbe Planning Commission findings can increase or decrease the required off street parking for such facilities." William T. Wight Deputy Planning Director July L6, 1990 • RLL J JUL 2 1990 SALT'LAKE' IF1W ORPO:° A IIONI ALLEN C. JOHNSON, AICP -• '- a. _� ,a-� -- �� �,i..s��.��� 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 July 26, 1990 TELEPHONE 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 requirements, 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 Conullission 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 Commission may determine the parking requirement for such uses after analyzing a professionally prepared parking analysis and feasibility study, receiving a recommendation from the Salt lake City 'I'ran-por La L i on I;g i nc er and making a finding based upon Lhe 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, Goo , 7 kytt)(1-' ) William T. Wright AICP Deputy Planning Director