PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
REGULAR/BRIEFING SESSION
TUESDAY, NOVEMBER 3, 1987
THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, NOVEMBER 3, 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. She told the Council Members that Elma Jean E. Scott-palmer was unable to attend the meeting and therefore the Council should not finalize her appointment to the Housing Advisory and Appeals Board. Ms. Hamilton added that Ms. Scott-Palmer would attend the Council meeting on November 10 and her appointment could be finalized at that time.
Ms. Hamilton told the Council that L.C. Romney’s reappointment to the Sugar House Park Authority was being referred to the Committee of the Whole because Mr. Romney had been involved with the Board since 1957. The City Council requested an opinion from the City Attorney regarding the Council’s legal authority to consent to Sugar House Park Authority appointments.
Larry Livingston, Council Staff, briefed the Council on Petition No. 400-541 submitted by Frank Sida representing Rainbo Oil. Mr. Sida was requesting that the City change the zoning ordinance text by amending Section 51-21-8 which would allow for detached automatic car wash facilities as a conditional use in a “B-3” district. Mr. Livingston told the Council that detached car washes posed several problems and therefore should not be allowed in a “B-3” zone.
He said car washes were too noisy for “B-3” zones and added that traffic congestion made car washes unfavorable in “B-3” zones. Council Member Fonnesbeck said the Council must decide whether or not car washes fit nicely into neighborhoods because if the Council approved their placement in “B-3” zones, they would end up in neighborhoods. Mr. Livingston said he agreed with Council Member Fonnesbeck and the Council should consider rejecting the petition.
The meeting adjourned at 5:45 p.m.
OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON THE CITY COUNCIL6:00 P.M. IN THE CITY COUNCIL CHAMBERS, SUITE 300, CITY TUESDAY, NOVEMBER 3, 1987, AT 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 the meeting and Councilmember Hardwick conducted the meeting.
The Council led the Pledge of Allegiance.
Approval of Minutes
Councilmember Godfrey moved and Councilmember Mabey seconded to approve the minutes of the Salt Lake City Council for the regular meetings held Tuesday, Thursday, October 15, and Thursday, October 22, 1987, which motion carried, October 13, all members voted aye.
(M 87-1)
PETITIONS
Petition 400-295 by the Church of Jesus Christ of Latter-Day Saints.
RE: An ordinance closing an alley between 13th and 14th Avenues parallel to C and D Streets, closing an alley between 12th and 13th Avenues parallel to C and D Streets, and closing a road easement in the blocks bordered by C and D Streets and 12th and 14th Avenues. This ordinance corrects the property descriptions in the previously adopted ordinance, Ordinance 4 of 1986.
ACTION: Councilmember Godfrey moved and Councilmember Fonnesbeck seconded to adopt Ordinance 79 of 1987 closing a 20-foot public alley running through Block 186, Plat D, Salt Lake City Survey, closing a 5-foot alley located in Block 179, Plat D, Salt Lake City Survey, and closing an 80-foot road easement running through Blocks 179 and 186, Plat D, Salt Lake City Survey, which motion carried, all members voted aye.
(P 85-259)
Petition 400-414 by the Salt Lake City Parks Department.
RE: An ordinance closing a portion of an alley at 1700 South directly in the rear of properties facing 1000 East. This ordinance corrects the property description in the previously adopted ordinance, Ordinance 78 of 1986.
ACTION: Councilmember Godfrey moved and Councilmember Fonnesbeck seconded to adopt Ordinance 78 of 1987 closing a portion of the alley running from 1700 South, south 109 feet directly in the rear of the properties facing 1000 East, which motion carried, all members voted aye.
(P 86-240)
Petition 400-456 by the Salt Lake City/County Health Department.
RE: An ordinance closing Edison Street between 600 and 700 South. This ordinance corrects the property description in the previously adopted ordinance, Ordinance 13 of 1987.
ACTION: Councilmember Godfrey moved and Councilmember Fonnesbeck seconded to adopt Ordinance 77 of 1987 closing Edison Street between 600 and 700 South, which motion carried, all members voted aye.
(P 87-15)
Petition 400-552 by UNISYS
RE: The request that the street named Sperry Way be changed to 2200 West.
ACTION: Councilmember Godfrey moved and Councilmember Fonnesbeck seconded to set a public hearing for Tuesday, November 10, 1987, at 6:30 p.m., which motion carried, all members voted aye.
(P 87-298)
DEPARTMENTAL BUSINESS
ATTORNEY’S OFFICE
#1. RE: An ordinance relating to penalty for violation of ordinances.
ACTION: Councilmember Kirk moved and Councilmember Mabey seconded to suspend the rules and on first reading adopt Ordinance 80 of 1987 amending Section 26-1-8 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to penalty for violation of ordinances, which motion carried, all members voted aye.
(O 87-33)
FINANCE DEPARTMENT
#1. RE: A resolution amending budgets of Salt Lake City, Utah, for the fiscal year beginning July 1, 1987, and ending June 30, 1988.
ACTION: Councilmember Godfrey moved and Councilmember Fonnesbeck seconded to set a public hearing for Tuesday, November 10, 1987, at 6:20 p.m., which motion carried, all members voted aye.
(B 87-5)
FIRE DEPARTMENT
#1. RE: An interlocal agreement with West Valley City amending the agreement for fire and rescue dispatch services.
ACTION: Councilmember Godfrey moved and Councilmember Fonnesbeck seconded to adopt Resolution 129 of 1987 authorizing the execution of an amendment to an Interlocal cooperation agreement between Salt Lake City Corporation and West Valley City whereby Salt Lake City provides fire and rescue dispatch services to West Valley City, which motion carried, all members voted aye.
(C 84-517)
#2. RE: An interlocal agreement with Draper City amending the agreement for fire and rescue dispatch services.
ACTION: Councilmember Godfrey moved and Councilmember Fonnesbeck seconded to adopt Resolution 130 of 1987 authorizing the execution of an amendment to an interlocal cooperation agreement between Salt Lake City Corporation and Draper City, providing fire and rescue dispatch services between Salt Lake City and Draper City, which motion carried, all members voted aye.
(C 86-650)
MAYOR’S OFFICE
#1. RE: A motion approving the selection of an underwriter for the financing of all or part of the Certificates of Participation package consisting of the public safety building, Street lighting facilities, and garbage collection equipment.
ACTION: Without objection, the Council referred this issue to the Committee of the Whole.
(Q 87-11)
#2. RE: The reappointments of Lynn Jacobsen, Katie McMahon, Jennifer Stevens, Roger Borgenicht, D’Arcy Dixon Pignanelli, and Stan Roberts to the Salt Lake City Arts Council.
ACTION: Councilmember Godfrey moved and Councilmember Fonnesbeck seconded to approve the reappointments, which motion carried, all members voted aye.
(I 87-14)
#3. RE: The reappointments of Edward Lunt and Michael Aldrich and the appointments of Elma Jean E. Scott-Palmer, Elizabeth Haslam and Maj-Greth H. Holmberg to the Housing Advisory and Appeals Board.
ACTION: Councilmember Godfrey moved and Councilmember Fonnesbeck seconded to approve the reappointments of Edward Lunt and Michael Aldrich, which motion carried, all members voted aye.
Without objection the Council pulled the appointment of Elma Jean E. Scott-Palmer from the agenda and without objection the Council referred the appointments of Elizabeth Haslam and Maj-Greth H. Holmberg to the Committee of the Whole.
(I 87-2)
#4. RE: The reappointment of Jeanne Le Ber to the Tracy Aviary Board.
ACTION: Councilmember Godfrey moved and Councilmember Fonnesbeck seconded to approve the reappointment, which motion carried, all members voted aye.
(I 87-13)
#5. RE: The reappointment of I.J. Wagner to the Board of Adjustment.
ACTION: Without objection the Council referred this to the consent agenda.
(I 87-1)
#6. RE: The appointment of Ronald H. Weber to the Board of Appeals and Examiners.
ACTION: Without objection the Council referred this to the Committee of the Whole.
(I 87-17)
#7. RE: The appointments of Bernette Murphy and Norma Campbell to the Community Development Advisory Committee.
ACTION: Without objection the Council referred this to the Committee of the Whole.
(I 87-20)
#8. RE: The appointment of Frank Jackson to the Mosquito Abatement Board.
ACTION: Without objection the Council referred this to the Committee of the Whole.
(I 87-3)
#9. RE: The reappointment of Keith Stepan and the appointment of Cindy Cromar to the Planning and Zoning Commission.
ACTION: Without objection the Council referred the reappointment of Keith Stepan to the consent agenda and the appointment of Cindy Cromer to the Committee of the Whole.
(I 87-8)
#10. RE: The reappointment of L.C. Romney to the Sugar House Park Authority Board.
ACTION: Without objection the Council referred this to the Committee of the Whole.
(I 87-6)
PUBLIC UTILITIES
#1. RE: An interlocal agreement with Salt Lake County for a water main extension and service agreement to serve the Old Mill Recreation Basin.
ACTION: Councilmember Godfrey moved and Councilmember Fonnesbeck seconded to adopt Resolution 128 of 1987 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and Salt Lake County for a water main extension and service agreement to serve the County’s new recreational park known as the Old Mill Recreation Basin, which motion carried, all members voted aye.
(C 87-624)
RECORDER’S OFFICE
#1. RE: A motion to convene as the Board of Canvassers to authorize the City Recorder to prepare an abstract of the votes cast in the general election held Tuesday, November 3, 1987.
ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to convene as the Board of Canvassers and adopt a motion authorizing the City Recorder to prepare an abstract of the votes cast in the general election held Tuesday, November 3, 1987, which motion carried, all members voted aye.
Councilmember Godfrey moved and Councilmember Kirk seconded to recess the Board until the abstract is complete, which motion carried, all members voted aye.
(U 87-2)
PUBLIC HEARINGS
Petition 400-541 by Frank Sida/Rainbo Oil.
RE: A public hearing at 6:20 p.m. to obtain public comment concerning the request that Salt Lake City change the zoning ordinance text by amending Section 51-21-8 to allow for detached automatic car wash facilities in a “B-3” district.
ACTION: Councilmember Fonnesbeck moved and Councilmember Godfrey seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Mabey moved and Councilmember Kirk seconded to table the petition and give the SLACC Committee time to complete their study. Councilmember Kirk withdrew her second after discussion.
Councilmember Mabey moved and Councilmember Fonnesbeck seconded to take a field trip to different “B-3 areas and car wash facilities and bring this issue back on the agenda December 1, 1987, for a decision, which motion failed, Councilmembers Bittner, Hardwick, Godfrey, Kirk, and Stoler voted nay and Councilmembers Mabey and Fonnesbeck voted aye.
Councilmember Godfrey moved and Councilmember Kirk seconded to deny the petition and request the planning and zoning staff to expedite their study of the “B-3” zoning, which motion carried, all members voted aye.
DISCUSSION: Allen Johnson, planning and zoning, said this request was for a change in the zoning ordinance to permit car washes as auxiliary functions to service stations or self-service convenience stores in the “B-3” zone. He indicated that the petitioner wanted to use the car wash as a promotional idea, such as if a customer bought a full tank of gas they would get a free car wash. He said the Planning Commission favorably recommended the “B-3” modification with conditions.
He said currently in a “B-3” zone Salt Lake City permitted one-bay car washes as auxiliary functions to a full service station and the City’s “C-l” zone permitted detached car washes as a conditional use as auxiliary facilities to service stations, convenience stores or self service gas stations, which was similar to what the petitioner was proposing for the “8-3” zone. He explained that when the staff prepared their report they looked at the Standard Industrial Classification manual and the U.S. Department of Transportation Standard Land Use Coding manual and found that these manuals stated that selling gas was a retail function and normally fell in neighborhood-type zoning classifications, whereas car washes were similar to repair facilities and normally fell into commercial or industrial zoning classifications.
He said Salt Lake City currently was consistent with these two manuals. He said Salt Lake City had approximately 340 acres, or 34 square blocks, of “B-3” zoning that would be affected, although much of this property was already developed or too small to accommodate a car wash. Mr. Johnson then outlined five options which the staff proposed to the Planning Commission: 1. Remove the existing provisions which allowed attached car washes in “B-3” zones. 2. Maintain status quo.
3. Change the provisions which allowed attached one-bay automatic car washes in “B-3” zones, to a conditional use and also allow detached one-bay automatic car washes as a conditional use auxiliary to gasoline service stations. 4. Allow detached, automatic car washes as a conditional use in the “B-3” zone with stipulations similar to the “C-1” zone. 5. Allow detached automatic car washes in “8-3” zones as allowed uses. He said the Planning Commission chose option four with 13 conditions addressing problems and bringing the “B-3” and “C-l” zones into conformance. He said noise was one concern and they addressed this by requiring the car wash operation to be enclosed. Another concern was the impact this additional feature in “B-3” zones would have on expected growth or changes in neighborhood “B-3” zoning. He said the Council would not avoid recurring requests to enlarge “B-3” zones by denying this request; he thought requests to expand “B-3” zones would occur no matter what the Council did. Councilmember Fonnesbeck said people would have an economic incentive to enlarge “B-3” zones if the Council made the proposed change. Mr. Johnson said any time a developer anticipated putting in a new use or doing major remodeling to one of the “B-3” corners, the first thing he would be faced with was expanding the site in order to meet the current requirements.
He said there was a need to modernize the “B-3” corners and bring them to current code with buffers, landscaping, and conditions on the operation. He said there was a provision in the 13 conditions that the Board of Adjustment could deny the request if they did not think it was in a neighborhood’s best interest and they could impose other conditions they felt necessary to make it blend with the neighborhood. He said the Board of Adjustment would be responsible for enforcement and they could void the conditional use if there was a deviation from the conditions.
Councilmember Mabey said it was difficult to enforce noise regulations especially after regular business hours. Councilmember Stoler said the SLACC boards were going to study the “B-3” problem and he thought the Council was acting prematurely. Mr. Johnson said they had a study committee he was working with and they were looking at the text of the ordinance and the distribution of “B-3” zones, especially when they were not being used for business purposes. Councilmember Stoler asked how many car washes were in the city and Mr. Johnson said there were about 12.
Councilmember Bittner expressed her concern about the conditions only requiring the minimum stacking space to be for five cars, especially in conjunction with convenience store parking lots. She thought this could cause a traffic impact and did not think this was adequate. Mr. Johnson said as more car washes were built the pressure would be pulled off the few car washes and five-car stacking would be sufficient. Councilmember Mabey was concerned that the opening and closing door on an enclosed car wash facility would become very noisy.
Councilmember Fonnesbeck said the “B-3” zones were different from one another since some were more commercial and others were in neighborhoods. She suggested adding the car-wash provision only to those “B-3” zones surrounded by other businesses rather than residences. By doing this many of the other proposed requirements would be unnecessary. She also suggested changing the rear and side yard requirements to require car washes to be at least one full lot from residences. She did not oppose putting car washes in “B-3” areas abutting other businesses but was concerned about allowing them close to residences.
Randy Horiuchi, on behalf of the petitioner, said he felt the requested change was definitional and was not a request for expansion of “B-3” zones. He said when more of the facilities were established the parking and stacking problems would be eliminated. He said they found this to be true in the county and they also found that if there were more than four or five cars people would not wait in line. In reference to the noise problem Mr. Horiuchi said the most noise was during the wax cycle and most of the stations did not have this cycle.
He also said he did not have a problem with a condition outlining hours of operation. He indicated self-service gas stations had to offer more services because of the changing market and said they were finding-that people wanted the services closer to their neighborhoods. He said if the Council made this change too restrictive so a car wash as proposed could not be located in a “B-3” zone then it would defeat the purpose. He said the Planning Commission voted for this because they felt that with the conditions and the conditional use process they would have necessary controls.
Councilmember Stoler asked if people could get their car washed at these facilities without buying gas and Mr. Horiuchi said they could for $2.00. He reiterated that currently car wash facilities were allowed in “B-3” zones at full service gas stations. Robert McQuarry, Chairman of the SLACC “B-3” Task Force, said when the “B-3” ordinance was created in 1927 the intent was for neighborhood business but over the years because of vague language, flagrant abuses developed and the spirit of the neighborhood business was violated. He said the detached car wash violated the spirit of the ordinance.
He referenced the Board of Adjustment’s authority to impose hour restrictions and said neighborhood experience with the Board of Adjustment had been to lose more than they won so he didn’t think such a decision could be left to the Board of Adjustment and the hours of operation should be clearly spelled out in the ordinance. He urged the Council to defeat this request and said the City did not need any more negative impact.
Ken Eltinge, Sugar House Community Council chairman and SLACC Land Use Committee, reiterated that the “B-3” zone was for small neighborhood business but over the years the character of the businesses had changed dramatically. He said it was time for the City to re-evaluate what they wanted in a “B-3” zone and decide what was compatible with the neighborhoods. He said noise producing businesses should be in a commercial area.
Bruce Reading, East High Community Council, expressed concern about a convenience store across from East High where there was once a service station and he was concerned that the use would continue to expand. He said because of the increased use of the corner they had a problem. He also expressed concern about all the proposed conditions and the enforcement problems which would be created. He said businesses going in to the “B-3” zones were no longer small “mom and pop” stores but were now money-making corporations. He said the people who wanted a car wash in their area probably weren’t living adjacent to the facility. Mr. Horiuchi invited the Council to go look at car washes In order to determine if they are offensive. Tony Ryder, vice chairman of SLACC, said he didn’t think there was a great need to decide this issue at this meeting. He said SLACC was working on the “B-3” zoning issue and asked the Council to deny the petition.
Councilmember Mabey moved to table the petition until the SLACC committee completed their study. Roger Cutler, city attorney, pointed out that if the Council tabled this they would have to do so with a date certain as to when it would be discussed again. Councilmember Mabey asked how soon the committee could complete the study and Mr. McQuarry said Allen Johnson had told them this kind of study would take a minimum of two years.
Councilmember Fonnesbeck said she wanted to take Mr. Horiuchi’s suggestion and go look at the “B-3” areas and car washes. Councilmember Bittner said she was uncomfortable with this issue because she thought it was unclear. She was concerned with all the conditions and thought there needed to be a more restrictive definition as to where the car washes could be built. She did not oppose the car washes if they were built adjacent to other businesses. Councilmember Mabey said his biggest concern was noise. Councilmember Godfrey thought the Council had enough information about this issue to make a decision.
He wanted to deny the petition because of all the conditions which indicated to him that the Planning Commisssion had problems with this issue. He agreed with Mr. McQuarry that the Board of Adjustment approved some issues which were incompatible with a neighborhood and he thought by approving this, the Council would be creating more problems. Councilmember Stoler expressed the same concerns as Mr. Godfrey and reiterated that he thought the Council was premature in a decision because of the SLACC study.
Councilmember Mabey said he thought there were some “B-3” areas large enough to accommodate these car washes and he maintained that each neighborhood should provide services to their own neighborhood so people did not go through other neighborhoods. He didn’t think only some neighborhoods should have the less desirable services. He thought this needed to be taken into consideration during the “B-3” study. Councilmember Bittner suggested that the Council request the planning staff to expedite the “B-3” study.
(P 87-297)
The meeting adjourned at 7:40 p.m.