PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, MARCH 12, 1985
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, MARCH 12, 1985, AT 5:15 P.M. IN ROOM 211 CITY AND COUNTY BUILDING.
THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: RONALD WHITEHEAD THOMAS M. GODFREY GRANT MABEY EDWARD W. PARKER EARL F. HARDWICK.
Councilmember Fonnesbeck was absent from the meeting.
A vacancy exists in Council District #6 due to the death of Councilmember Davis on February 26, 1985.
On March 4, 1985, Councilmember Grant Mabey was elected as Vice Chairperson for 1985. Council Vice Chairperson Grant Mabey presided at the meeting.
BRIEFING SESSION
1. Carole Stokes, council executive director, briefed the Council on the evening’s agenda including information from Larry Livingston, council office, on the proposed zoning changes in connection with medical facilities. Ms. Stokes presented the Council with information concerning the alley vacation connected with the property of Pam Perry, and a briefing concerning all eight public hearings scheduled for the evening.
2. Albert Haines, chief administrative officer, Dave Patton, CAO’s office, and Bill Stewart, treasurer’s office, briefed the Council on revenue projections for Fiscal Year 1985-86. Mr. Stewart took the Council through the projections for each source of income for the City. Ms. Stokes indicated that if the members had any questions after reviewing the projections on their own, to give her a call and she will find the answers to their questions.
The briefing session adjourned at 6:00 p.m.
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, MARCH 12, 1985, AT 6:00 P.M. IN ROOM 301 CITY AND COUNTY BUILDING.
THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: RONALD J. WHITEHEAD THOMAS M. GODFREY GRANT MABEY EDWARD W. PARKER EARL F. HARDWICK.
Councilmember Fonnesbeck was absent from the meeting.
A vacancy exists in Council District #6 due to the death of Councilmember Davis on February 26, 1985. Mayor Ted L. Wilson, Albert Haines, chief administrative officer, Roger Cutler, city attorney, Kathryn Marshall, city recorder, and Lynda Domino, chief deputy recorder, were present.
On March 4, 1985, Councilmember Grant Mabey was elected as Vice Chairperson for 1985. Council Vice Chairperson Grant Mabey presided at the meeting and Councilmember Hardwick conducted the meeting.
Pledge of Allegiance.
Approval of Minutes
Councilmember Whitehead moved and Councilmember Parker seconded to approve the minutes of the Salt Lake City Council for the regular meeting held Tuesday, March 5, 1985, which motion carried, all members present voting aye.
(M 85-1)
PETITIONS
Petition 400-144 of 1983 by Joanne Milner, et al.
RE: An amendment to the ordinance which was adopted on February 5, 1985, closing a 15’ alley at approximately 920 South from 800 to 900 West Streets.
Councilmember Mabey moved and Councilmember Godfrey seconded to adopt Ordinance 16 of 1985, rescinding Bill 4 of 1985, providing for the conditional closure of a 15’ alley at approximately 920 South as it runs east/west from 800 to 900 West Streets; and re-closing said alley with revised conditions, which motion carried, all members present voting aye.
(P 84-19)
Petition 400-201 of 1984 and Petition 400-198 of 1984 by St. Joseph’s Villa/Richard Erick.
RE: A request that property located on the west side of 500 East between 1942 and 1950 South and the south side of Ramona Avenue between 450 and 498 East be rezoned from “R-2” to “R-6”, and that the east end of Ramona Avenue where it enters 500 East be closed.
Dean Barney, planning and zoning, reviewed the request and mentioned that a concern had previously been raised about allowing housing for the elderly in all districts City-wide. He read from a proposed ordinance which states that the Board of Adjustment would be able to permit as an exception the use of land in any residentially-zoned district for the housing of the elderly subject to certain conditions. Mr. Barney distributed copies of the draft and asked the Council to read the draft and give their input.
Larry Livingston, council office, reiterated that the Board of Adjustment would determine conditions for these types of projects and would make the decision as to whether the design of a project is compatible with the area. He explained that rather than the Council rezoning the St. Joseph Villa property, they would adopt a zoning ordinance enabling the Board of Adjustment to allow for these types of projects in all residential districts. He said that the issue of closing a portion of Ramona Street as requested by St. Joseph would still have to be decided by the Council and he suggested that the Council could conditionally close the street upon favorable action by the Board of Adjustment. Mr. Livingston explained that at this point the ordinance should be referred to the Planning Commission for their recommendation. He said that an informal hearing will be held before the Planning Commission.
Councilmember Whitehead moved and Councilmember Parker seconded to refer the proposed ordinance to the Planning Commission and the planning department, which motion carried, all members present voting aye.
(P 84-175 and P 84-176)
Petition 400-228 of 1984 by Thomas Krug et al.
RE: The vacation of the north portion of an alley between Williams and Herbert Avenues at a point 125 feet west of 400 East.
Councilmember Whitehead moved and Councilmember Godfrey seconded to schedule a public hearing for May 14, 1985, at 6:30 p.m. to discuss this petition, which motion carried, all members present voting aye.
(P 85-22)
DEPARTMENTAL BUSINESS
CITY COUNCIL
#1. RE: Ordinances relating to the Foothill Development Overlay Zone.
Councilmember Whitehead moved and Councilmember Godfrey seconded to adopt Ordinance 17 of 1985, amending Chapter 2 of Title 51 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, by adding Sections 51-2-13.1 and 51-2-25.6 relating to height definitions in the Foothill Development (“F-1”) Overlay Zone; and adopt Ordinance 18 of 1985, amending Chapter 12A of Title 51 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to the Foothill Development (“F-1”) Overlay Zone, by amending Sections 51-l2A-l and 5l-12A-2, and adding Sections 5l-l2A-3 and 5l-12A-4 relating to site development and height regulations, which motion carried, all members present voting aye.
(O 84-32)
DEVELOPMENT SERVICES
#1. RE: The allocation of $4,568,000 of Community Development Block Grant funds.
Councilmember Whitehead moved and Councilmember Godfrey seconded to schedule public hearings for April 2, 1985, at 7:00 p.m. and April 16, 1985, at 7:00 p.m. to discuss the CDBG allocation, which motion carried, all members present voting aye.
(T 85-4)
MAYOR’S OFFICE
#1. RE: The appointments of John E. Pace and John W. Williams and the reappointments of Phyllis Steorts and Wayne Hadley to the Central Business Improvement District Board.
Councilmember Whitehead moved and Councilmember Parker seconded to refer these appointments and reappointments to the consent agenda for April 2, 1985, which motion carried, all members present voting aye.
(I 85-6)
#2. RE: A Memorandum of Understanding with Local 1645 of the International Association of Fire Fighters.
Mayor Wilson thanked Local 1645 and said the president was flexible and cooperative and both the City’s and the association’s goals were met. He said this is a fine agreement between the fire fighters and the City. Dave Patton, CAO’s office, said that the language changes had no reference to economic issues and dealt primarily with language which was offensive to the union and was not necessary in the agreement. He said that this memorandum essentially ratifies current practices.
Councilmember Whitehead moved and Councilmember Parker seconded to suspend the rules and on first reading adopt Resolution 25 of 1985 authorizing the execution of a Memorandum of Understanding between Salt Lake City Corporation and Local 1645 of the International Association of Fire Fighters, which motion carried, all members present voting aye.
(C 85-70)
POLICE DEPARTMENT
#1. RE: An ordinance relating to financial and lending institutions and pawnbrokers.
Councilmember Whitehead moved and Councilmember Godfrey seconded to adopt Ordinance 12 of 1985, amending Chapter 10 of Title 20 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to financial and lending institutions and pawnbrokers, which motion carried, all members present voting aye.
(O 85-2)
PUBLIC UTILITIES
#1. RE: An ordinance relating to sewer service charges.
Councilmember Whitehead moved and Councilmember Godfrey seconded to adopt Ordinance 13 of 1985, amending Section 37-6-2, Schedule 3 Rates and Fees, of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to sewer service charges, which motion carried, all members present voting aye.
(O 85-7)
#2. RE: An ordinance relating to required turn-off for nonpayment of water and/or sewer charges.
Councilmember Whitehead moved and Councilmember Godfrey seconded to adopt Ordinance 14 of 1985, amending Section 49-6-54 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to required turn-off for nonpayment of water and/or sewer charges, which motion carried, all members present voting aye.
(O 85-8)
#3. RE: An ordinance relating to sewer charge adjustment.
Councilmember Whitehead moved and Councilmember Godfrey seconded to adopt Ordinance 15 of 1985, amending Section 37-6-2, Schedule 3 Rates and Fees, of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to sewer service charges (sewer charge adjustment), which motion carried, all members present voting aye.
(O 85-9)
PUBLIC HEARINGS
SID 38-685.
RE: Protests concerning the creation of Curb and Gutter Special Improvement District No. 38-685 for construction of curb, gutter, sidewalk, roadway and drainage improvements on 1700 South from West Temple to 700 West.
A public hearing was held at 6:00 p.m. to discuss this SID. Jerry Lyon, engineering office, said that no written protests were received as of March 11, 1985, at 5:00 which was the deadline. He said that the paperwork creating the district will be prepared. Joel Van Gerven, 357 West 1700 South, said that after the improvements are installed he will have no front yard and the improvements will take the first step of his porch. Councilmember Mabey asked if this home will be purchased. Mr. Lyon said that this is under consideration.
Councilmember Whitehead asked how much property is behind the house. Mr. Van Gerven said that there is about 75 feet in the back but the house would be hard to move because of how a utility room is constructed. Councilmember Mabey recommended that Mr. Van Gerven meet with the engineering department to consider the purchase of his property.
Councilmember Whitehead moved and Councilmember Parker seconded to close the public hearing and refer this SID to engineering, which motion carried, all members present voting aye.
(Q 85-1)
Petition 400-220 of 1984 by Carriage Livery Ltd. and 400-222 of 1984 by Royal Carriage Co.
RE: Permission to operate horse-drawn carriages on the streets of Salt Lake City.
A public hearing was held at 6:30 p.m. to discuss these petitions. Lane Nielsen, planning and zoning, said the Planning Commission felt that a service of this type might be desirable but there needs to be adequate review in order to discuss the obvious concerns such as sanitation and traffic safety. He said that the Planning Commission has given conceptual approval to the petitions based on approvals from other departments concerning a variety of matters such as routes, hours of operation, sanitary provisions, insurance, permits and licenses, and appropriate agreements with the City.
Councilmember Whitehead expressed concern about the traffic congestion during certain times of the day and Councilmember Godfrey asked if the streets could bear horse-drawn carriages since there are trains and trolleys which currently operate in the streets. Mr. Nielsen said that these types of traffic conflicts will have to be reviewed and an ordinance will need to be adopted outlining specific requirements. Councilmember Parker asked about the rationale for this type of service. Mr. Nielsen said he could not speak for the petitioner but this would probably be used as a tourist attraction.
Don Barron, Yellow Cab Co., did not object to the request but felt that the carriages should not operate downtown because of traffic. He referred to the Old Salty train and the Triad Trolley coaches and said that carriages would add to the congestion. He suggested that as an alternative the carriages could operate in Liberty Park. Keith Burnham, Ute Cab Co., also expressed concern about traffic problems and carriage operation during heavy traffic periods. Wayne Scott, president of Carriage Horse Livery, said that he plans to pattern his business after those in Chicago. He said that he has copies of Chicago city ordinances and laws and he will work with the Salt Lake City Attorney.
Mr. Scott said that the carriages operate in downtown Chicago and are excluded from heavy traffic periods. He said that the primary rider is in the evening from 8:00 p.m. to midnight. He said that he has many letters from major motels in Salt Lake City which desire to have this service in order to cater to conventions and major functions. Mr. Scott mentioned that Trolley Square, Triad and the Devereaux House have requested this service. Councilmember Whitehead asked where the horses would be kept and how many carriages would be operated. Mr. Scott said that he is negotiating with several locations downtown to keep the horses. He said that he wanted to keep them at a historic site which was once a blacksmith shop and stable but the horses will be kept temporarily in Draper. Mr. Scott said there would probably be two carriages at Trolley Square and three or four downtown. Councilmember Godfrey asked if zoning downtown permits the housing of horses. Mr. Nielsen said that C-3 and C-4 zoning allows stables providing they are 100 feet away from residential areas. Councilmember Parker asked about the care and comfort of the animals. Mr. Scott said that he would maintain proper watering facilities and horses would operate in shifts. He also said that he will use rubber shoes on their feet in order to protect the animals.
Councilmember Godfrey asked about the proposed hours of operation. Mr. Scott said that he wants to operate during specific daytime and evening hours, seven days a week as weather permits, plus special occasions. Councilmember Hardwick expressed concern about where the carriages would be parked downtown during hours of operation. Councilmember Whitehead suggested that if the Council approves the idea then the details can be resolved and an ordinance can be developed and presented to the Council for final approval. Mr. Nielsen indicated that preliminary work has been done regarding this issue but before more work was done and an ordinance was written the idea needed to be presented to the Council to determine their interest in this type of service. Councilmember Mabey suggested that the cab companies be involved in formulating schedules for hours of operation to avoid conflicts.
Councilmember Parker moved and Councilmember Godfrey seconded to close the public hearing, which motion carried, all members present voting aye.
Councilmember Parker moved and Councilmember Hardwick seconded to approve the idea in concept and refer this to the staff to develop the necessary ordinance, which motion carried, all members present voting aye.
(P 85-9 and 10)
Medical Facilities
RE: An ordinance amending Title 51 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to zoning regulations relating to medical facilities by: Amending and adding definitions in Chapter 2 of said title; by amending Section 51-9-3 relating to parking requirements for medical uses; by amending Chapters 18, 19, 193, 19C, and 21 to clarify and add certain medical uses as accessory conditional uses in “R-6” districts, conditional principal uses in “R-7”, and as permitted uses in the “H”, “R-H”, and B-3” districts.
A public hearing was held at 7:00 p.m. to discuss this proposed ordinance. Dean Barney, planning and zoning, said that mainly this is a clarification ordinance. He said this ordinance defines certain uses which were not formally defined in the zoning ordinance and it specifies and clarifies where these uses will be permitted. He said that the ordinance also clarifies off-street parking requirements. Mr. Barney indicated that this ordinance would allow emergency or surgical centers as a conditional use in existing nonconforming medical clinics in “R-6” zones. He said that the Board of Adjustment would have the authority to grant a conditional use if the requirements listed in the ordinance are met. He said that in an “R-7” zone this would be a conditional use and would not have to be in an existing nonconforming medical facility. Mr. Barney indicated that this ordinance broadens the permitted area for new construction. No one from the audience addressed this issue.
Councilmember Whitehead moved and Councilmember Mabey seconded to close the public hearing, which motion carried, all members present voting aye.
Councilmember Whitehead moved and Councilmember Godfrey seconded to refer this proposed ordinance to the City Attorney, which motion carried, all members present voting aye.
(O 85-4)
Petition 400-206 of 1984 by Calvin K. Schneller
RE: The vacation of an alley located north of Princeton Avenue between McClelland Street and 1100 East in Salt Lake City, Utah.
A public hearing was held at 7:15 p.m. to discuss this petition. Dean Barney, planning and zoning, outlined the area on a map and said that one abutting property owner did not sign the petition. He said that recommendations involve retaining a utility easement and resolving the issue of use of the alley approach by abutting owners. Mr. Barney said that the alley vacation is recommended. Calvin Schneller, 1061 Princeton Avenue, referred to the property owner who wants to use a portion of the alley for off-street parking and he said that he has agreed to deed his portion of that frontage so this could be used by his neighbor.
In reference to the remainder of the alley he said that he intends to landscape the alley and use it as part of his yard. Mr. Schneller indicated that the alley is a nuisance and is currently overgrown with weeds. He said that last year there was a rat problem. Mr. Schneller said that the City has improved this neighborhood and the vacation of the alley will benefit the neighborhood. Becky Wilson, 1075 Princeton Avenue, supported this request. No one from the audience opposed this request.
Councilmember Godfrey moved and Councilmember Parker seconded to close the public hearing, which motion carried, all members present voting aye.
Councilmember Godfrey moved and Councilmember Mabey seconded to adopt Ordinance 19 of 1985, vacating an alley located north of Princeton Avenue between McClelland Street and 1100 East and requiring certain conditions, which motion carried, all members present voting aye.
(P 85-2)
Petition 400-249 of 1984 by Janice Turner and William Bennett and 400-250 of 1984 by Richard and Pamela Perry.
RE: The vacation of two alleys located between Logan and Bryan Avenues and between 700 East and 800 East (Petition 400-249), and the request that the western portion of the east/west alley be opened (Petition 400-250).
A public hearing was held at 7:30 p.m. to discuss these petitions. Dean Barney, planning and zoning, outlined the area on a map and briefly explained both requests. He indicated that the Perry’s desire access to their property from the east/west alley. He said that the Planning Commission recommended closure of the alleys and, in reference to the Perry’s request, also recommended that only the northern half of the western portion of the east/west alley be closed which would give the Perry’s about a 10-foot-wide access to their property. Mr. Barney added that the radius of this portion would need to be enlarged. He said it would be practical to close the alleys since there are presently encroachments on the alleys.
Ken Turner, 770 Bryan Avenue, represented several property owners and read a statement to the Council (a copy of this statement is on file in the Office of the City Recorder). This statement outlines the following reasons why the property owners requested the closure of the alleys: crime deterrent, shift of responsibility from the City to the property owners, opportunity for beautification, original purpose no longer valid, alleys in the surrounding area have been closed or vacated. John Perry, 727 Logan Avenue, supported the Planning Commission’s recommendation. He explained that his only access is from Logan Avenue and it is 6.5 feet wide which makes entrance and exit difficult for vehicles. He explained that having the alley open as recommended by the Planning Commission would give them an access 9.5 feet wide. He also said that this section is currently a weed patch and if it were being used for a road the weeds would be eliminated.
Mr. Perry indicated that there is a small garden plot which would be affected but he would offer recompense to the owner for the loss of this plot. Mr. Perry felt it would be fair to follow the Planning Commission’s recommendation. John Peel, 717 Logan Avenue, explained that the Perry’s request would affect his property since opening that portion of the alley would eliminate one of his parking spaces and a productive garden area. It was his opinion that the radius on the turn would not be adequate unless more of his property is taken. He expressed concern about the possibility of crime since this would be an open area in the middle of the block. Mr. Peel also said that he has problems with drainage and expressed concern that the problems would increase if the alley is opened.
Councilmember Whitehead moved and Councilmember Parker seconded to close the public hearing, which motion carried, all members present voting aye.
Councilmember Godfrey explained that there is a problem with the shared right-of-way which the Perry’s currently use for access to their property. He indicated that there was a concern about access to the Perry’s house by emergency vehicles. He also said he understood from representatives of the community that they wanted the alley deeded to the property owners on the Bryan Avenue side. Concern was expressed by Councilmember Whitehead about Mr. Peel’s situation. Councilmember Godfrey suggested that perhaps the public works department can review this situation. Carole Stokes, council executive director, felt that part of the problem is caused by the weeds which hinder proper drainage. She suggested that if the alley is open then the public works department could grade the alley and put in gravel.
Councilmember Godfrey moved and Councilmember Mabey seconded to: 1. Close the portion of the alley east of the Perry’s property and ask the attorney’s office to prepare documents to deed the property (at no cost) to the property owners on the Bryan Avenue side. 2. Close the north half of the alley between the Perry’s property and the north/south alley and ask the attorney’s office to prepare documents to deed the property (at no cost) to the property owners on the Bryan Avenue side. 3. Keep the south half of the alley between Perry’s property and the north/south alley open. 4. Vacate the north/south alley at the 800 East end of the block. 5. Ask the public works department to take into consideration the needs of Mr. Peel, which motion carried, all members present voting aye.
(P 85-11 and 13)
Petition 400-265 of 1984 by Gregg Revell/Gulfstream Properties.
RE: The rezoning of certain properties lying north of the commercial zone at 1836 West North Temple from a Residential “R-6” to a Commercial “C-1” classification to make possible the construction of a motel/hotel-type development.
A public hearing was held at 8:00 p.m. to consider this petition. Dean Barney, planning and zoning, outlined the area on a map and explained that originally the petitioner asked that this area (zoned “R-6” and “C-1”) be zoned “C-3” back to the residential property but the petitioner was informed of the Planning Commission’s concern with this request. Mr. Barney mentioned that a petition (Petition 400-263) encompassing property east of the area in question had been submitted requesting the extension of existing “C-1” zoning to Gertie Avenue, so the Gulfstream request was modified to change the zoning of their property to “C-1” but only extend it back to the south boundary of Gertie Avenue to maintain a buffer between the commercial property and the residential property to the north. (It should be noted that the property in question extends west of Gertie Avenue since Gertie Avenue ends at Duder Avenue and this property is west of Duder Avenue).
Mr. Barney further explained that the existing “C-1” zone on the north side of North Temple is 263 feet deep and the proposal is to extend this 154 feet north which would take the zoning to the south line of Gertie Avenue. He also said that there is a recommendation to widen Gertie and Duder Avenues. He explained that if Gertie Avenue is widened by six feet as recommended in Petition 400-263, then the “C-1” zoning for that petition would be extended 148 feet to the new south line of Gertie Avenue; in order to have consistent zoning lines the zoning of the property in question should be extended 148 feet instead of 154 feet. Mr. Barney indicated that the property needed to widen Duder Avenue should come from property to the west (Gulfstream property) and the other petitioner’s property would be used to widen Gertie Street.
Jay Christensen, 249 Silver Star Drive, mentioned that their neighborhood is becoming surrounded by apartments. He said they are concerned that the zoning will be changed and then the proposed plan will not be developed. He said they like the proposed plan. Councilmember Whitehead mentioned that if the developer can not build the proposed project then the property could be developed according to what is allowed under the “C-1” zone and the community is concerned about the types of project which would be allowed.
Councilmember Mabey moved and Councilmember Parker seconded to close the public hearing, which motion carried, all members present voting aye.
Councilmember Whitehead moved and Councilmember Godfrey seconded to approve the proposed zoning change as advertised, adopt the recommendations of the Planning Commission and refer this to the City Attorney, with the understanding that this action is based on the petitioner’s representations to the Council that they fully intend to construct the hotel project which has been presented to the Planning Commission and to the Community Council and with the understanding that this motion would not be made if other “C-1” uses were to be placed on this site because other of those “C-1” uses would be unacceptable. Also if after rezoning there is an attempt to build something other than the hotel project which has been proposed, such action will be considered as evidence that a material misrepresentation tantamount to fraud has taken place, and as a result, immediate action will be instituted to rezone the property in question to Residential “R-2A” in order to protect the abutting residential neighborhood; the City Attorney will be requested to immediately institute action to void the original rezoning based on fraud in the inducement. In order to monitor the progress of this development, the Building Official is requested to keep the City Council informed of his communications with the petitioner to insure that their applications for building permits are in substantial compliance with their original representations, which motion carried, all members present voting aye.
(P 85-17)
Petition 400-263 of 1984 by Motel, Hotel Sales and Management.
RE: A request that the “C-1” zoning on the north side of North Temple and the west side of Redwood Road be extended north an additional 154 feet to allow for the construction of a 150 room “Embassy Suite” hotel/motel with its accompanying auxiliary uses and a free-standing restaurant.
A public hearing was held at 8:15 p.m. to consider this petition. Dean Barney, planning and zoning, outlined the area on a map and said that the existing “C-l” zoning is 263 feet deep. He said that the proposal is to extend this zoning 154 feet north to the south line of Gertie Avenue. However, he added that the recommendation from the Planning Commission is to widen Gertie Avenue to 56 feet and extend the zoning 148 feet to the new line. He mentioned that the property in question is between Redwood Road and Duder Avenue and explained that it is intended to widen Duder Avenue but the property to the west would be used for this purpose.
Brysen Garbett, petitioner, displayed a model of the proposed plan and said that they have met with two community councils to explain the project. He said they plan to build a 153-room hotel and a restaurant. He realized that 6-feet of their property will be used to widen the street. Mr. Garbett mentioned that a small piece of the property on Redwood Road does not fit in with the proposed development so it will be sold. He said that the size of the property is approximately 20,000-25,000 square feet. Concern was expressed about what would be built on this parcel and Councilmember Whitehead indicated that according to the proposal which was presented before the community council, a fast food type use would be built on this property.
Councilmember Mabey moved and Councilmember Parker seconded to close the public hearing, which motion carried, all members present voting aye.
Councilmember Whitehead moved and Councilmember Godfrey seconded to approve the proposed zoning change as advertised, adopt the recommendations of the Planning Commission and refer this to the City Attorney, with the understanding that this action is based on the petitioner’s representations to the Council that they fully intend to construct the hotel project which has been presented to the Planning Commission and to the Community Council and with the understanding that this motion would not be made if other “C-1” uses were to be placed on this site because other of those “C-1” uses would be unacceptable. Also if after rezoning there is an attempt to build something other than the hotel project which has been proposed, such action will be considered as evidence that a material misrepresentation tantamount to fraud has taken place, and as a result, immediate action will be instituted to rezone the property in question to Residential “R-2A” in order to protect the abutting residential neighborhood; the City Attorney will be requested to immediately institute action to void the original rezoning based on fraud in the inducement. In order to monitor the progress of this development, the Building Official is requested to keep the City Council informed of his communications with the petitioner to insure that their applications for building permits are in substantial compliance with their original representations, which motion carried, all members present voting aye.
(P 85-16)
Petition 400-246 of 1984 by the Granite Stake of the Church of Jesus Christ of Latter-Day Saints.
RE: The vacation of an alley located west of the Nibley Park Ward at 2450 South 600 East.
A public hearing was held at 8:30 p.m. to consider this petition. Dean Barney, planning and zoning, outlined the area on a map and said that the LDS Church owns a large parcel of land west of the alley. He explained that they want to vacate the alley in order to make their property more usable and acquire parking. Mr. Barney mentioned that there is a desire to have a park in this vicinity so it is proposed to close the alley and have the petitioner donate an equal amount of land or land of an equal value next to the proposed neighborhood mini park.
Paul Mecham, president of the Salt Lake Granite Stake, indicated he was not aware that the City wanted to exchange property but mentioned that this would be possible. He said the only parking for the ward building is to the north and accommodates about 20 cars. He explained that they recently acquired a piece of property south of the ward which they hope to convert to parking, however, this will only accommodate 20 cars and he mentioned that they are working to design additional parking beyond this newly acquired piece of land.
Mr. Mecham indicated that because of safety concerns they would not want the alley to be accessible by cars so the alley would probably be landscaped and if parking is established to the west of the building it would be separated by a few feet of landscaping. In regards to donating land for the park, he said he has mixed emotions because the park would probably improve the neighborhood but add an additional load to the current parking situation. No one from the audience opposed this request.
Ms. Carole Stokes, council executive director, suggested that this petition be referred to the consent agenda for April 2, which would allow time to collect more information regarding the park.
Councilmember Godfrey moved and Councilmember Whitehead seconded to close the public hearing, which motion carried, all members present voting aye.
Councilmember Parker moved and Councilmember Whitehead seconded to refer this petition to the Council staff for review and also refer it to the consent agenda for April 2, 1985, which motion carried, all members present voting aye.
(P 85-14)
The meeting adjourned at 8:45 p.m.