PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
REGULAR/BRIEFING SESSION
TUESDAY, JULY 14 1987
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, JULY 14, 1987, AT 5:00 P.M. IN SUITE 300 CITY HALL, 324 SOUTH STATE.
THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: FLORENCE BITTNER THOMAS M. GODFREY GRANT MABEY ROSELYN N. KIRK SYDNEY R. FONNESBECK WILLIE STOLER EARL F. HARDWICK.
Council Chairperson Kirk presided at the meeting.
BRIEFING SESSION
Linda Hamilton, Executive Director, briefed the Council on the evening’s agenda. Council Member Fonnesbeck said the appointment of C. Ross Anderson to the Metropolitan Water District Board should not be made until Council Members had been given an opportunity to meet Mr. Anderson. Council Member Fonnesbeck added that the Metropolitan Water District Board was the only board which required the Council to directly appoint the members, all other city board members were appointed by the Mayor, although Council Members were asked to approve the appointments.
Council Member Fonnesbeck said that she was confident Mr. Anderson was capable of serving the city well as he had been in training for two years. She felt uneasy, however, about appointing him to the board without Council Members having met him. Council Member Bittner asked that a policy be reactivated which required all prospective board members to meet with the Council for a brief interview prior to approval of appointments. She further said that she would like to meet G. Garth Campbell and George Judd Jackson prior to finalization of their appointments to the Golf Advisory Board.
Larry Livingston, Council Staff, briefed the Council on Petition 400-515, by Eugene Farley. He told the Council that the ordinance prepared for their adoption was a culmination of the revisions made during a public hearing held on July 7, 1987. The ordinance amended Chapter 14 dealing, Inter Alia, with fraternity and sorority houses in Residential “R-2” districts by amending Section 51-15-1(3) by changing the boundary lines and enacting a new Section 6 relating to severability. The ordinance also enacted a new Section 51-14-7 relating to the definition of residentially supervised fraternities/sororities.
Council Member Stoler questioned whether or not bids for special improvement districts could legally be opened earlier in the day, or if the law required that they be opened In front of Council Members during the Council meeting. Roger Cutler, city attorney, said that the meetings held in the afternoon for bid opening purposes were open to the public. All bidders attended the opening and there was no reason why the bids must be opened in front of the City Council. He added that when bids were opened in the afternoon, the City Engineer was allowed time to certify that the low bid was accurate. Rosemary Davis, Capital Planning and Programming, briefed the Council on a request by El Centro Civico Mexicano for an additional $85,000 to complete an activity center. She told the Council that if the money was allocated, the center could be completed and utilized to raise necessary operating funds.
Council Member Godfrey said that representatives from El Centro Civico came to the Council requesting $150,000 some time ago. At the time of the request, the Council told the participants directly that they needed to raise the rest of the money themselves. Ms. Davis said that without the building being complete, there was no real way to raise money. She recommended, therefore, that the Council grant the requested funds.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, JULY 14, 1987, AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS, SUITE 300, CITY HALL, 324 SOUTH STATE.
THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: FLORENCE BITTNER THOMAS M. GODFREY GRANT MABEY ROSELYN N. KIRK SYDNEY R. FONNESBECK WILLIE STOLER EARL F. HARDWICK.
Mayor Palmer DePaulis, Roger Cutler, city attorney, Kathryn Marshall, city recorder, and Lynda Domino, chief deputy city recorder were present.
Council Chairperson Kirk presided at and Councilmember Stoler conducted the meeting.
The Council led the Pledge of Allegiance.
Approval of Minutes
Councilmember Fonnesbeck moved and Councilmember Godfrey seconded to postpone approval of the minutes of the Salt Lake City Council for the regular meeting held Tuesday, July 7, 1987, until the City Recorder could review and include additional comments made at the public hearing regarding fraternities and sororities, which motion carried, all members voted aye.
(M 87-1)
PETITIONS
Petition 400-514 by Bruce Bell.
RE: The request that property located at 661 East 2700 South Street be rezoned from Residential “R-2 to a Business “B-3” classification.
ACTION: Councilmember Fonnesbeck moved and Councilmember Mabey seconded to schedule a public hearing for Tuesday, August 11, 1987 at 6:30 p.m., which motion carried, all members voted aye.
(P 87-148)
Petition 400-515 by Eugene Farley.
RE: An ordinance dealing with fraternity and sorority houses in Residential R-2” districts.
ACTION: Councilmember Fonnesbeck moved and Councilmember Mabey seconded to adopt Ordinance 45 of 1987 amending Chapter 14 of Title 51 dealing, inter alia, with fraternity and sorority houses in Residential “R-2” districts by amending Section 5l-l4-1(3) by changing the boundary lines and enacting a new Section 6 relating to the definition of supervision of fraternities/sororities and enacting a new Section 7 relating to severability, which motion carried, all members voted aye.
DISCUSSION: Councilmember Stoler said the ordinance stated that either a Class 1 or Class 2 police officer could be hired to supervise functions as required by the ordinance. He said he thought only Class 1 officers should be used because of inherent problems and he thought it would be important that officers have communication with central dispatch.
(P 87-122)
Petition 400-532 by Smith’s Food King.
RE: The request that Windsor Street (850 East) be closed from 800 South to Chase Avenue.
ACTION: Councilmember Fonnesbeck moved and Councilmember Mabey seconded to schedule a public hearing for Tuesday, August 4, 1987, at 6:50 p.m., which motion carried, all members voted aye.
(P 87-178)
DEPARTMENTAL BUSINESS
AIRPORT AUTHORITY
#1. RE: A revision to the aeronautics ordinance to provide additional safety and security measures.
ACTION: Councilmember Godfrey moved and Councilmember Hardwick seconded to adopt Ordinance 42 of 1987 amending various sections of Chapters 2, 3, 12, 14, 15, 16, and 19 of Title 2 of the Revised Ordinances of Salt Lake City, Utah, 1986, as amended, relating to aeronautics, which motion carried, all members voted aye except Councilmember Kirk who was absent for the vote.
(O 87-6)
#2. RE: An interlocal agreement with the Utah Department of Transportation allowing UDOT to perform tests on bituminous material.
ACTION: Councilmember Fonnesbeck moved and Councilmember Mabey seconded to adopt Resolution 89 of 1987 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and the Utah Department of Transportation, allowing UDOT to perform viscosity, ductility, penetration and flash point tests on bituminous material, which motion carried, all members voted aye.
(C 87-341)
CITY COUNCIL
#1. RE: An ordinance relating to elections and providing for the disclosure of campaign financing.
ACTION: Councilmember Fonnesbeck moved and Councilmember Mabey seconded to suspend the rules and on first reading adopt Ordinance 41 of 1987 amending Section 25-27-6 and 25-27-11, and repealing Section 25-27-12 of the Revised Ordinances of Salt Lake City, relating to elections and providing for the disclosure of campaign financing, which motion carried, all members voted aye except Councilmember Kirk who was absent for the vote.
(O 87-19)
#2. RE: The appointment of C. Ross Anderson to the Metropolitan Water District Board of Directors to replace Adrian Pembroke for a term of six years expiring May 15, 1993.
ACTION: Without objection this was pulled from the agenda.
Councilmember Fonnesbeck moved and Councilmember Hardwick seconded to request that Mr. Anderson meet with the Council at the Committee of the Whole, which motion carried, all members voted aye except Council Members Mabey, Godfrey, and Kirk who voted nay.
DISCUSSION: Councilmember Fonnesbeck asked to have this item pulled because she said this was the only board that the Council made direct appointments to and she wanted the opportunity to meet Mr. Anderson prior to his appointment. Councilmember Kirk expressed her concern about changing the process at this point and thought the Council should approve the appointment this time and in the future request that individuals meet with the Council prior to appointments. She said Mr. Anderson had been in a training capacity on this board for two years. Councilmember Fonnesbeck said it was not unusual for the Council to meet people before they were appointed to boards and Councilmember Hardwick agreed. Councilmember Godfrey said the Council had the opportunity to interview Mr. Anderson.
(I 87-19)
DEVELOPMENT SERVICES
#1. RE: An interlocal agreement with Salt Lake County allocating grant funds for improvements to El Centro Civico Mexicano.
ACTION: Councilmember Fonnesbeck moved and Councilmember Mabey seconded to adopt Resolution 87 of 1987 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and Salt Lake County allocating grant funds to Salt Lake City Corporation to provide improvements to El Centro Civico Mexicano, which motion carried, all members voted aye.
(C 87-342)
#2. RE: An ordinance providing procedures for permitting residential facilities for handicapped persons in all zones permitting residential dwellings.
ACTION: Councilmember Fonnesbeck moved and Councilmember Mabey seconded to schedule a public hearing for Tuesday, August 4, 1987, at 6:20 p.m., which motion carried, all members voted aye.
(O 87-17)
#3. RE: An interlocal agreement with Salt Lake County for contribution to the Greater Salt Lake Area Shelter for the Homeless.
ACTION: Councilmember Fonnesbeck moved and Councilmember Mabey seconded to adopt Resolution 88 of 1987 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and Salt Lake County for contribution to the Greater Salt Lake Area Shelter for the Homeless, which motion carried, all members voted aye.
(C 87-343)
#4. RE: A request for $85,000 in additional Community Development Block Grant funds for completion of the El Centro Civico community center.
ACTION: Councilmember Kirk moved and Councilmember Godfrey seconded to deny the request, which motion failed, Councilmembers Fonnesbeck, Godfrey, and Kirk voted aye and Councilmembers Bittner, Mabey, Hardwick, and Stoler voted nay.
Councilmember Hardwick moved and Councilmember Mabey seconded to approve the request for $85,000 in additional CDBG funds to enable the El Centro Civico community center to be completed, which motion carried, Councilmembers Bittner, Mabey, Hardwick, and Staler voted aye and Councilmembers Fonnesbeck and Godfrey voted nay; Councilmember Kirk was absent for the vote.
DISCUSSION: Robert Gallegos, project consultant (at no cost) for Centro Civico, said when they met last October or November they made commitments to the Council that they would have minority contractors donate their time to build the project. He said since then there had been numerous problems getting the program off line and he said it had taken about 10 months to get to the point of selecting a contractor. He said they committed to using minority contractors with the condition that they would start construction in February so the project could be completed with the $216,000 that they had been given, $66,000 from the county and $150,000 from the city. But it was now the middle of the construction season and there was no way to get the minority contractors to donate their time. He said they felt the city dragged their feet in terms of following through.
He said the bids came in high but they had a commitment from the minority contractors that they would donate their time in “in kind” services for Phase 2. He said they had $80,000 that was donated and they got an additional $9,000 from the county. He also said they had commitments from Granite Mental Health to do counseling for drug abuse, alcoholism, and families; Salt Lake County Aging to provide services to the aging; Hispanic Legal Association to provide legal services; JTPA to provide job services for youth; and Salt Lake County Job Training Development was considering a joint venture to start small businesses. He said they had many activities and events planned for the center.
Councilmember Mabey asked what the costs would be if they waited until the upcoming February. Mr. Gallegos said the costs for construction would probably be lower but money had to be set aside for contingency and architects. He said there had also been three addendums to the project. Councilmember Bittner suggested that the Council support the request and said one of the basic purposes of the Community Development Block Grant funding was to eliminate slum and blight. She said these people worked for many years to try and complete this center and she felt they had run into a lot of problems.
She said the intent of the funding was for this kind of a center and said the Hispanic community had a minimum number of resources available to them so they should be given additional help and consideration. Councilmember Godfrey said he recognized the purpose of CDBG was to help different elements in the city but reminded the Council that they had already allocated $150,000 for this project. He said for the past three years he had seen other needs throughout this city for different projects and funding. He said last fall they were confronted with the problem of matching funds and he said
Councilmember Fonnesbeck had suggested that if El Centro could complete the project with the money they had, the city would drop the requirement for matching funds. He said nothing had been done on the project and no money had been raised. He said he didn’t mind leaving the $150,000 for the project but felt the Council had allocated as much money as they could.
Councilmember Mabey said the need for people in this area of Salt Lake City to have some place to meet was Important. He said the crime rate was high in the area and if they could get their youth involved in this program it may help reduce the crime rate. Councilmember Kirk said the Council had shown a lot of sympathy for their needs by allocating $150,000 but she thought the additional request was beyond what the city should do. She said at some point the Council may need to support other minority groups who requested money and she thought the Council should consider other groups too. Councilmember Hardwick said he didn’t think the Council could walk away from this project and he thought the new money needed to be allocated. He said this project was a commitment for the whole community and they would all benefit.
He said there was a need in that area which had to be addressed and he thought with the additional allocation the project could move forward and be completed. Councilmember Bittner reminded the Council that one purpose of building the Northwest Multipurpose Center was to meet the same kinds of needs. She said at the time that project was built it was difficult and took a long time to get off the ground. She said the Northwest Multipurpose Center was presently used to its capacity and she thought the same need was there for the El Centro project. She said the $85,000 available would come from the Argyle Court block redesign which was not ready to be done.
Mayor DePaulis said a combination of factors caused delays that led the city to be involved with the slow down. Councilmember Stoler said he thought Mr. Gallegos made a serious accusation about Salt Lake City causing the delays thereby causing the cost to Increase. In reference to the commitments from the various organizations to provide services, he asked if these were verbal commitments.
Dick Young, city engineering, said the city had not dragged their feet. He said when the project was presented to the engineering department in October they were asked to look at the plans to see if the project could be built for $216,000, meeting the code requirements. At that time the plans were not complete enough to determine an adequate estimate of costs. He said some of the costs not included in the $216,000 were for architectural fees and the contingency fund.
He indicated that the $85,000 would only allow for a 5% contingency and they usually liked to have 10% to 15%, particularly in remodeling a building. He said the bids were reasonable and they were good bids. Mayor DePaulis said he had asked the engineering department to make the project work within the allocation and said through a combination of factors like redrawing the plans and making sure the codes were right, it had taken until now to get bids.
Councilmember Fonnesbeck said she had voted for this project every time in the past and was angry that Mr. Gallegos had blamed the city for this situation. She said she would not vote for this project again. She explained that over the years the Council had been promised by several different El Centro groups that they could raise matching funds for the project, but this had never happened. She said the Council was then assured that the project could be built for $216,000 and if it couldn’t then El Centro would be responsible for finding the money. She said she had supported and fought for this project but felt personally betrayed.
(T 87-10)
FINANCE DEPARTMENT
#1. RE: An ordinance granting to Evans and Sutherland the right to construct, erect, operate, and maintain wires, cables, and underground conduits, in connection with its telecommunication business.
ACTION: Councilmember Hardwick moved and Councilmember Bittner seconded to adopt Ordinance 43 of 1987 granting to Evans and Sutherland Computer Corporation, a Utah Corporation authorized to and doing business in the State of Utah, its successors and assigns, the right and privilege to construct, erect, operate, and maintain wires, cable, and underground conduits, in connection with its telecommunication business, which motion carried, all members voted aye except Councilmember Kirk who was absent for the vote.
DISCUSSION: Councilmember Fonnesbeck asked if this was for cable television. Linda Hamilton, Council Executive Director, told her it was for a high-tech firm at Research Park and not cable t.v.
(O 87-18)
#2. RE: A resolution cancelling publication of notice and a hearing scheduled for August 6, 1987, regarding the tax levy.
ACTION: Councilmember Fonnesbeck moved and Councilmember Bittner seconded to suspend the rules and on first reading adopt Resolution 90 of 1987 cancelling publication of notice and a hearing scheduled for August 6, 1987, pursuant to Chapter 9 of Title 59 of the Utah Code Annotated (1953 as amended) since the tax levy did not exceed the certified tax rate for Fiscal Year 1987-1988, which motion carried, all members voted aye except Councilmember Kirk who was absent for the vote.
(R 87-2)
MAYOR’S OFFICE
#1. RE: The appointments of G. Garth Campbell and George Judd Jackson to the Golf Advisory Board.
ACTION: Without objection this was pulled from the agenda.
Councilmember Bittner moved and Councilmember Stoler seconded to request that Mr. Campbell and Mr. Jackson meet with the Council at the Committee of the Whole, which motion carried, all members voted aye except Councilmembers Godfrey and Kirk who voted nay.
DISCUSSION: Councilmember Bittner said she had not had a chance to talk to Mr. Campbell and requested that he meet with the Council before they approved his appointment. She said he was from District 1 and she wanted to meet him. Councilmember Fonnesbeck suggested that the Council meet with Mr. Jackson too.
(I 87-18)
PUBLIC UTILITIES
#1. RE: The Official Notice of Bond Sale for Special Improvement District 50-1313.
ACTION: Councilmember Mabey moved and Councilmember Godfrey seconded to approve the Official Notice of Bond Sale, the Abbreviated Notice of Sale, and the Official Statement for the $143,000 Special Assessment Bonds, Series 1987, of Salt Lake City, Utah, Special Improvement District No. 40-R-10, Sherwood Drive, and for the $351,000 Special Assessment Bonds, Series 1987, Salt Lake City, Utah, Public Utilities Water and Sewer Project No. 50-1313, which motion carried, all members voted aye except Councilmember Kirk who was absent for the vote.
(Q 86-5)
PUBLIC WORKS
#1. RE: The Official Notice of Bond Sale for Special Improvement District 40-R-10.
ACTION: Councilmember Mabey moved and Councilmember Godfrey seconded to approve the Official Notice of Bond Sale, the Abbreviated Notice of Sale, and the Official Statement for the $143,000 Special Assessment Bonds, Series 1987, of Salt Lake City, Utah, Special Improvement District No. 40-R-10, Sherwood Drive, and for the $351,000 Special Assessment Bonds, Series 1987, Salt Lake City, Utah, Public Utilities Water and Sewer Project No. 50-1313, which motion carried, all members voted aye except Councilmember Kirk who was absent for the vote.
(Q 86-3)
#2. RE: A resolution creating Lighting District No. 2.
ACTION: Councilmember Fonnesbeck moved and Councilmember Hardwick seconded to adopt Resolution 96 of 1987 creating Salt Lake City, Utah, Lighting District No. 2 and approving services and improvements as set forth In the Notice of Intention creating the district, which motion carried, all members voted aye except Councilmember Kirk who was absent for the vote.
(Q 87-7)
#3. RE: Special Improvement District 38-750, bid award and bond sale.
ACTION: Councilmember Mabey moved and Councilmember Bittner seconded to adopt Resolution 91 of 1987 accepting bids and awarding the sale of $283,000 Special Assessment Bonds, Series 1987 for Salt Lake City, Special Improvement District, No. 38-750, non-contiguous streets, dated August 1, 1987, fixing the interest rates to be borne thereby, which motion carried, all members voted aye except Councilmember Kirk who was absent for the vote.
Councilmember Mabey moved and Councilmember Bittner seconded to adopt Resolution 92 of 1987 authorizing the issuance and providing for the sale of $283,000 Special Assessment Bonds, Series 1987 of Salt Lake City, Special Improvement District, No. 38-750, non-contiguous streets, fixing the interest rates to be borne thereby, prescribing the form of bond and interest rates, maturity and denomination of said bonds; providing for the continuance of a guaranty fund as provided by statute; and related matters, which motion carried, all members voted aye except Councilmember Kirk who was absent for the vote.
(Q 84-1)
#4. RE: Special Improvement District 38-800, bid award and bond sale.
ACTION: Councilmember Godfrey moved and Councilmember Hardwick seconded to adopt Resolution 93 of 1987 accepting bids and awarding the sale of $185,000 Special Assessment Bonds, Series 1987 for Salt Lake City, Special Improvement District, No. 38-800, 200 South Beautification, dated August 1, 1987, fixing the interest rates to be borne thereby, which motion carried, all members voted aye except Councilmember Kirk who was absent for the vote.
Councilmember Godfrey moved and Councilmember Hardwick seconded to adopt Resolution 94 of 1987 authorizing the issuance and providing for the sale of $185,000 Special Assessment Bonds, of Salt Lake City, Special Improvement District No. 38-800, 200 South Beautification fixing the interest rates to be borne thereby, prescribing the form of bond and interest rates, maturity and denomination of said bonds; providing for the continuance of a guaranty fund as provided by statute; and related matters, which motion carried, all members voted aye except Councilmember Kirk who was absent for the vote.
(Q 86-4)
#5. RE: Special Improvement District 38-813, bid for construction.
ACTION: Councilmember Mabey moved and Councilmember Godfrey seconded to adopt Resolution 95 of 1987 conditionally accepting a bid for construction work and, subject to approval of the City Engineer, authorizing execution of a construction contract with the certified low bidder for construction of improvements of Salt Lake City, Special Improvement District 38-813 non-contiguous streets, which motion carried, all members voted aye except Councilmember Kirk who was absent for the vote.
(Q 87-4)
PUBLIC HEARINGS
Petition 400-516 by Gene Rose/Loftus, Inc.
RE: A public hearing at 6:20 p.m. to obtain public comment concerning the request that property located at the northeast corner of 900 South and 200 East Street be rezoned from a Business “B-3” to a Commercial “C-3”. This would allow Loftus to expand their business which is presently at 865 South 200 East.
ACTION: Councilmember Mabey moved and Councilmember Kirk seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Hardwick moved and Councilmember Fonnesbeck seconded to adopt Ordinance 46 of 1987 rezoning certain property at approximately 900 South 200 East from “B-3” to “C-1” and set a public hearing for Tuesday, August 4, 1987, at 6:40 p.m. to discuss rezoning the property at 865 South 200 East from “C-3” to “C-1”, which motion carried, all members voted aye.
DISCUSSION: Dean Barney, planning and zoning, outlined the area on a map and said the north east corner was occupied by a convenience store with gasoline pump islands, which would be razed in order to construct a new building similar to the petitioner’s current building. He said the property was bordered on the north by “C-1” zoning and to the east by “B-3” zoning. He indicated the Planning Commission recommended that the property in question be rezoned from “B-3” to “C-1” and also that the property north, 865 South 200 East, be rezoned from “C-3” to “C-1”. He said the petitioner would be able to clean up the corner and have a building that matched his building to the north.
Bruce Shand, representing the petitioner, showed a map outlining the area and the zoning in the area. He reiterated the petitioner’s request was to change the parcel at 865 South 200 East from “C-3” to “C-1” and change the corner from “B-3” to “C-1”. He showed an architectural rendering of the proposed project. He said the corner would be Improved, updated, cleaned up, and landscaped. No one opposed this petition.
(P 87-131)
Petition 400-505 by Florence Bittner.
RE: A public hearing at 6:30 p.m. to obtain public comment concerning the request that property located in the area bounded by North Temple on the south, Redwood Road on the east, by I-215 on the west and by the city limits on the north be rezoned from the present Residential “R-2A” to a Residential “R-l” classification.
ACTION: Councilmember Fonnesbeck moved and Councilmember Kirk seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Bittner moved and Councilmember Mabey seconded to adopt Ordinance 44 of 1987 rezoning certain properties in the area bounded by North Temple, Redwood Road, I-215 and the city limits from “R-2A” to “R-l”, excluding those areas already occupied by planned unit developments or where planned unit developments were called for in the master plan, which motion carried, all members voted aye.
DISCUSSION: Dean Barney, planning and zoning, outlined the area on a map and said at one time the entire area was zoned “R-6” and there was a plan worked out for a section to have PUDs and multiple-family areas. He said the area was zoned “R-2A” to permit that to happen but since then it was felt that there were enough PUDs and no need or desire for additional PUDs or multiple-family dwellings. In view of this there was no reason for the zoning not to reflect the “R-l zoning.
Councilmember Bittner asked Mr. Barney to outline Independence Boulevard on the map and asked if its zoning would change. He pointed out the street and said its zoning would change. Councilmember Bittner said one reason for the zoning change was to increase the lot size to 7,000 square feet as additional building was done. She said Ivory and Company, who was the land developer, agreed. She said this would enhance the area since the multiple-family units had overshadowed the single family development and she thought there would be a considerable comfort level for the people living in the northwest if this was “R-l”.
An exception to the zoning change would be a small piece at 1700 North by I-215 which would eventually be developed into multiple-dwelling units when the market dictated. She said there was a lot of vacant land and with the zoning change it would be developed into single-family units. Garth North, 1071 North Redwood Road, expressed his concern about the number of multiple-family dwellings and said he had trouble because of all the apartments. He said there were too many in this area. He suggested that some of the multiple units be sold as condominiums in order to decrease the movement in and out of the area.
He was concerned that if the area was zoned to “R-l” he wouldn’t be able to keep the animals that he has had on his property for many years. Mr. Barney indicated that if the animals had been continuously on the property they could stay. He also said that most of the property on Redwood Road would remain “R-2A” and thought Mr. North’s property would not change.
Councilmember Fonnesbeck said she was concerned about the two or three little areas that looked like islands. Mr. Barney said the zoning reflected the current land use. She asked if they were leaving the present zoning to avoid creating non-conforming uses and Mr. Barney indicated they were. Mrs. Fonnesbeck said she didn’t think they could create islands of zoning. Mr. Barney said under the definition of zoning they couldn’t if it was out of context with the overall plan or master plan. He said the plan was laid out and the area was developed accordingly. She wondered why these small areas couldn’t be made non-conforming. Councilmember Bittner said the island on 700 North was actually contiguous to a business district and Mr. Barney said it could be considered transitional because it wasn’t totally surrounded.
Bill Ekkelston, 1829 Springfield Avenue, said he was a representative of the North Redwood Community Council and said they had been trying to get this area down-zoned for several years. He said they had met with developers numerous times and had numerous meetings with the community council and he said they strongly supported this petition. He thought it was the only thing which would secure a single-family atmosphere in the area. He said there were three new subdivisions with single-family homes and the only way to keep this area residential was to approve the “R-l” zoning.
(P 87-33)
Petition 400-479 by Kathryn Diamant.
RE: A public hearing at 6:40 p.m. to obtain public comment regarding the request that a portion of an alley located between Edith Avenue and 1300 South and 200 and 300 East be vacated.
ACTION: Councilmember Mabey moved and Councilmember Bittner seconded to continue the public hearing to August 4, 1987, at 7:00 p.m. because of an error in the public notice, which motion carried, all members voted aye except Councilmember Kirk who was absent for the vote.
DISCUSSION: Dean Barney, planning and zoning, outlined the area on a map and said that on March 17, 1987, the Council held a public hearing regarding this issue. He said at that time the Council considered closing a portion of the alley that would cause it to become a dead end. During that discussion the petitioner indicated she wanted to amend the request and just vacate the leg going from the east/west alley out to 1300 South. He said the city departments supported this request and recommended the closure.
He said the petitioner intended to put a fence across the end and use a portion for a private driveway yet eliminate the through traffic between 1300 South, Edith Avenue, and 300 East. Mr. Barney said this hearing had been noticed incorrectly as vacating a portion of the alley located between 300 and 400 East. Mrs. Maria Vanderhaden, 270 Edith Avenue, supported the petition. No one opposed the petition.
Roger Cutler, city attorney, said since the notice was incorrect, Mr. Barney needed to verify that this matter was properly noticed before the Planning Commission and since It wasn’t properly noticed on the Council agenda, the hearing needed to be continued.
(P 87-32)
Petition 400-523 by Brasher Auto Auction.
RE: A public hearing at 6:50 p.m. to obtain public comment concerning the request that the property located at approximately 5600 West and 700 South be rezoned from Agricultural “A-1” to Industrial “M-lA”.
ACTION: Councilmember Fonnesbeck moved and Councilmember Godfrey seconded to close the public hearing, which motion carried, all members voted aye except Councilmember Kirk who was absent for the vote.
Councilmember Mabey moved and Councilmember Hardwick seconded to adopt Ordinance 47 of 1987 rezoning the property from Agricultural “A-l” to Industrial “M-lA” subject to eight conditions recommended by the Planning Commission which address: Dedication of street rights of way; posting of bond for Street Improvements; installation of sewer and water systems to city specifications; landscaping plans; drainage plans; a waiver of protest addressing future special improvement districts; timely funding for infrastructure improvements; and fulfillment of the conditions before the zoning takes effect, which motion carried, all members voted aye except Councilmember Kirk who was absent for the vote.
DISCUSSION: Dean Barney, planning and zoning, outlined the area on a map and said the request was to rezone approximately 1,650 feet west along the 700 South extension, by 981 feet in the area of 5600 West. He said when this was annexed in 1985 the Agricultural “A-1” zoning was considered a holding zone until such time as development was desired. He said the Planning Commission recommended this rezoning request with a number of conditions that should be handled before the zoning became effective.
Councilmember Bittner asked what type of building they were planning to construct and said she was concerned because in a few years this would be a busy intersection and she wanted quality development. She said the first developments would be very important. Mike Swenson and Kent Saxey, petitioners, showed pictures of the proposed building and agreed to the conditions outlined by the Planning Commission. Mayor DePaulis asked about their business activity. Mr. Saxey said it was the same business that was now located on Orange Street and they wanted to expand. He said it was a wholesale business to dealers and once a week they had an auto auction. Mayor DePaulis said this had been a good business and was good for Salt Lake City. No one opposed this request.
(P 87-132)
COMMENTS
#1. Melvin Hendricks, owner of property at 524 West 400 North, said he received a Notice and Order to remove weeds on his property. He said he has complied every year but said there was a patch east of his property that he wanted cleaned before he cleaned his lot. He said there were several weedy patches in this area and he was the only one who cleaned his lot. He said when the city cleaned up these other lots he would be happy to clean up his. Mayor DePaulis asked Mr. Hendricks for the locations of the other weedy lots and said he would have the lots cleaned up. He said he appreciated Mr. Hendricks for his compliance.
The meeting adjourned at 7:50 p.m.