October 15, 1985

 

PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH

TUESDAY, OCTOBER 15, 1985

 

THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, OCTOBER 15, 1985, AT 5:00 P.M. IN ROOM 211 CITY AND COUNTY BUILDING.

 

THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: RONALD WHITEHEAD ROSELYN N. KIRK GRANT MABEY EDWARD W. PARKER EARL F. HARDWICK.

 

Councilmembers Fonnesbeck and Godfrey were absent from the meeting. Council Vice Chairperson Mabey presided at the meeting.

 

BRIEFING SESSION

 

#1. Carole Stokes, council executive director, introduced Priscilla Solarz, the new director of the Travelers Aid Society.

 

#2. Carole Stokes briefed the Council on the evening’s agenda, including information on the new Super Lighting District and the Notice of Intention to create the district.

 

#3. Lance Bateman, finance director, John Hiskey, economic development director, and representatives of the Boyer Company briefed the Council on the proposal for construction on the Ambassador Club Building site. They indicated that the zoning issue was not a problem since their proposed structure would comply in either a “C-3” or an “R-7” zone. They indicated that they wanted an IRB to aid them in construction of their project. A discussion was held concerning the pros and cons of giving financial incentives to a project which does not meet with the Council’s plan for development areas. Councilmember Whitehead indicated that the Council wanted to see that type of development on the west side of the Central Business District rather than on the east side. The Council indicated they would be willing to consider the IRB on the next agenda.

 

The briefing session adjourned at 5:55 p.m.

 

THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, OCTOBER 15, 1985, AT 6:00 P.M. IN ROOM 301 CITY AND COUNTY BUILDING.

 

THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: RONALD WHITEHEAD ROSELYN N. KIRK GRANT MABEY EDWARD W. PARKER EARL F. HARDWICK.

 

Councilmembers Fonnesbeck and Godfrey were absent from the meeting.

 

Mayor Palmer DePaulis, Albert Haines, chief administrative officer, Walter Miller, deputy city attorney, Kathryn Marshall, city recorder, and Lynda Domino, chief deputy recorder, were present.

 

Council Vice Chairperson Mabey presided at the meeting and Councilmember Hardwick conducted the meeting.

 

Police Chaplain Allen Roden gave the invocation.

 

Pledge of Allegiance.

 

Approval of Minutes.

 

Councilmember Kirk moved and Councilmember Parker seconded to approve the minutes of the Salt Lake City Council for the regular meeting held Tuesday, October 8, 1985, which motion carried, all members present voting aye.

(M 85-1)

 

Special Recognition

 

#1. The Phillip Morris Company presented the United States Conference of Mayors’ City Livability Award to the Mayor and Council. Kay Scrimger, U. S. Conference of Mayors, said that Salt Lake has been exemplary in development and support of the arts and culture. She explained that the purpose of this award was to honor City leadership and give national attention to the efforts of cities that have done so much for the arts. The award was presented to Mayor Palmer DePaulis and former Mayor Ted Wilson.

 

#2. Mayor Palmer DePaulis and Councilmember Hardwick presented the Urban Design Awards. Mayor DePaulis said that the Salt Lake City Arts Council Visual Arts Committee established an urban design awards program to recognize those places and efforts that exemplify concern for the character of Salt Lake City. The awards were presented to John Williams for the New Yorker, Market Street Grill and Fire Station #8 restaurants; Peter Lassig for the L.D.S. Church Office Building plaza gardens; Rich Nordland for the walkways, landscaping and amphitheatre at Triad; John Gust for Faultline Gardens, Memory Grove/City Creek Canyon, and Exchange Place; and to the Salt Lake City Council for the preservation of the City and County Building.

 

#3. Bill Christofferson of the American Legion presented a medallion to Mayor DePaulis and former Mayor Ted Wilson. He said that the American Legion convention was held in Salt Lake City last year and was very successful. He said that many comments were made about the friendly people and the feeling of being wanted in Salt Lake City.

 

PETITIONS

 

Petition 400-283 of 1985 by A. Z. Richards, Jr.

RE: The rezoning of property located between 7th and 9th South and Gladiola Street and approximately 2640 West from an Agricultural “A-1” to an Industrial “M-lA” classification.

 

ACTION: Councilmember Kirk moved and Councilmember Parker seconded to schedule a public hearing for Tuesday, November 12, 1985, at 7:30 p.m., which motion carried, all members present voting aye.

(P 85-254)

 

Petition 400-305 of 1985 by R.J.H. Company/Neal Christensen.

RE: The rezoning of property located at 2700 West 500 South from an Agricultural “A-l” to an Industrial “M-lA” classification.

 

ACTION: Councilmember Kirk moved and Councilmember Parker seconded to schedule a public hearing for Tuesday, November 12, 1985, at 7:45 p.m., which motion carried, all members present voting aye.

(P 85-253)

 

Petition 400-316 of 1985 by R. L. Wood.

RE: The rezoning of an area at approximately 2016 and 2022 South 2100 East.

 

ACTION: Councilmember Kirk moved and Councilmember Parker seconded to adopt Ordinance 79 of 1985 amending Section 51-12-2 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to zoning and fixing of boundaries of use districts by rezoning an area at approximately 2016 and 2022 South 2100 East from “R-2” to “R-4” and “B-3”, which motion carried, all members present voting aye.

(P 85-144)

 

DEPARTMENTAL BUSINESS

 

ADMINISTRATIVE SERVICES

 

#1. RE: Canvass of the primary election.

 

ACTION: Councilmember Whitehead moved and Councilmember Kirk seconded to reconvene as the Board of Canvassers and approve and certify the results of the canvass of the primary election held October 8, 1985; and set a date to reconvene as the Board of Canvassers on November 5, 1985, which motion carried, all members present voting aye.

(U 85-1)

 

CITY ATTORNEY

 

#1. RE: Religious and charitable solicitations ordinance.

 

ACTION: Councilmember Mabey moved and Councilmember Kirk seconded to adopt Ordinance 80 of 1985 repealing and re-enacting Chapter l7A of Title 20 of the Revised Ordinances of Salt Lake City, Utah, 1965, regarding religious and charitable solicitations, which motion carried, all members present voting aye.

 

DISCUSSION: Tom Berggren, Solicitation Committee, said that a number of changes had been made to the ordinance in order to accommodate the concerns raised by various groups. He indicated that one of the changes had not been made in the final draft presented to the Council and he noted that under Section 20-17A-13(1), telephone solicitations, end of the paragraph, the phrase at the outset of” should read “during”.

(O 85-26)

 

PUBLIC WORKS

 

#1. RE: Lighting District No. 3.

 

ACTION: Councilmember Whitehead moved and Councilmember Kirk seconded to adopt a motion declaring the intention to create a special improvement district to be known as Salt Lake City Lighting District No. 3, to operate, maintain, patrol, and power lighting improvements within the District and to levy special taxes as provided in Chapter 15, Title 10, Utah Code Annotated (1953), as amended, on the real estate lying within the District for the benefit of which such taxes are to be expended in the maintenance of such improvements, which motion carried, all members present voting aye.

(Q 85-16)

 

PUBLIC HEARINGS

 

Budget Opening.

RE: A public hearing at 6:25 p.m. to consider amending Fiscal Year 1985-86 budgets for Salt Lake City.

 

ACTION: Councilmember Parker moved and Councilmember Kirk seconded to close the public hearing, which motion carried, all members present voting aye.

 

Councilmember Kirk moved and Councilmember Parker seconded to adopt Resolution 136 of 1985 amending budgets of Salt Lake City, Utah, for the fiscal year beginning July 1, 1985, and ending June 30, 1986, which motion carried, all members present voting aye.

 

DISCUSSION: Albert Haines, chief administrative officer, indicated that the budget opening was for the purpose of considering items which either required adjustment as a result of unspent carry-over from prior year or the addition of grant funds. He indicated that there was not an attempt to create any new programs or to identify additional funding sources out of the general fund. No one from the audience addressed this issue.

(B 85-8)

 

Housing Assistance Plan.

RE: A public hearing at 6:30 p.m. regarding the Housing Assistance Plan as included in the Three-Year Community Development Block Grant Plan.

 

ACTION: Councilmember Whitehead moved and Councilmember Mabey seconded to close the public hearing, which motion carried, all members present voting aye.

 

Councilmember Kirk moved and Councilmember Parker seconded to approve the Housing Assistance Plan and direct the City Attorney to prepare a resolution if required, which motion carried, all members present voting aye.

 

DISCUSSION: John Allred, planning and zoning, said that the purpose of the plan was to report to the Federal Department of Housing and Urban Development the City’s desires and goals to meet the housing needs of lower-income people living in the City. He said that this plan was a required component of the CD program and represented a formal statement to HUD of City plans for 1985-1988. No one from the audience addressed this issue.

(T 85-26)

 

Petition 400-345 of 1985 by Ivory and Company.

RE: A public hearing at 6:45 p.m. to consider rezoning property on the southwest corner of 1300 North Street and Redwood Road from Residential “R-2A” to a Business “B-3” classification.

 

ACTION: Councilmember Whitehead moved and Councilmember Parker seconded to close the public hearing, which motion carried, all members present voting aye.

 

Councilmember Whitehead moved and Councilmember Mabey seconded to approve the rezoning request and direct the City Attorney to prepare the necessary ordinance, which motion carried, all members present voting aye.

 

DISCUSSION: Allen Johnson, planning and zoning, outlined the area on a map and said that the Planning Commission recommended the zoning change. He explained that the petitioner’s intent was to construct a neighborhood convenience store on the southwest corner of 1300 North and Redwood Road. Mr. Johnson said that the general area is primarily single-family dwellings and multiple density planned unit developments. He said that the development of the area was guided by the Westpointe Subdivision Master Plan which allocated neighborhood commercial space at 1700 North Redwood Road and he explained that Ivory and Company felt the site at 1300 North would better meet their requirements so the Planning Commission changed their approval to the new site.

 

Mr. Johnson indicated that the North Redwood Community Council supported the change as well as several businesses and that negative comments had not been received. Councilmember Whitehead indicated that the location change would be advantageous since it would put the convenience store in the subdivision. Vernon Cooley, petitioner, presented a rendering of the site and said that the surrounding area is an apartment complex which is currently under construction. He also noted that the surrounding property owners had not expressed objection. No one from the audience opposed this request.

(P 85-241)

 

Petition 400-251 of 1984 by Robert Garner and Michael Error; Petition 400-294 of 1985 by Salt Lake Clinic.

RE: A public hearing at 7:00 p.m. regarding rezoning the “R-6” property between 700 and 1000 East and South Temple and 600 South to new modified “R-5” zoning (Petition 400-251); and rezoning the east side of 900 East between 300 and 400 South from “R-6” to “R-7” to accommodate a surgical center (Petition 400-294).

 

ACTION: Councilmember Whitehead moved and Councilmember Parker seconded to close the public hearing, which motion carried, all members present voting aye.

 

Without objection Councilmember Hardwick referred this item to the November 5, 1985, Council agenda.

 

DISCUSSION: Brent Wilde, planning and zoning, outlined the area on a map and indicated which properties the Planning Commission recommended for a zoning change from “R-6” to modified “R-5”. Properties included in this change would be most “R-6” properties in the blocks between 800 and 1000 East and 100 and 600 South, most “R-6” properties between 700 and 800 East and 300 and 600 South, a few “R-6 properties between 700 and 800 East and 100 and 300 South, and a few “R-6” properties between 800 and 1000 East and South Temple and 100 South. The Planning Commission recommendation also included changing the zoning of the northwest and southwest corners of 800 East and 200 South from “B-3” to modified “R-5”.

 

In regards to zoning of the Salt Lake Clinic block the recommendation was to change R-6” frontage on the east side of 900 East between 300 and 400 South from “R-6” to “R-7” which should extend east 200 feet from 900 East to encompass the existing clinic building and the proposed surgical center site. The remaining “R-6” zoning on this block should be changed to the modified “R-5” zone with the exception of properties fronting 400 South which would remain “R-6”. Additional property which was considered for a zoning change from “B-3” to R-5”, but not recommended by the Planning Commission, included the northeast and southeast corners of 900 East 500 South.

 

Mr. Wilde then outlined the changes between the “R-6” and proposed modified “R-5” zoning: density would change from 80 dwelling units per acre to 50 units, height would change from 75 feet (plus an exception to accommodate additional height) to 45 feet, sideyard requirements would be increased, and there would be a useable open space requirement. He said that the objective in recommending the modified “R-5” was to try and balance two conflicting planning objectives: that of providing additional multiple-family housing in the area but at the same time maintaining and preserving the established neighborhood character.  In regards to the Salt Lake Clinic petition Mr. Wilde indicated that the Clinic and neighborhood have been negotiating this request.  The following people requested that their property remain zoned “R-6”: Robert Johnson, owner of property at 836, 838, 842 East 1st South and 338 South 900 East, Paul Jensen, Ed James, and Robert Grow, regarding the Dresden Place apartment project at 550 South 900 East.

 

The following people supported the modified “R-5” zoning: Robert Garner, petitioner - also expressed concern about the plans for the surgical center parking and further expansion, Jeff Fox, 149 Windsor Street, Donald Shaefer, area resident, Ellen Forney, area resident, Steve Erickson, 961 East 600 South, Cindy Cromer, 816 East 1st South, Leona Torney, 946 East 300 South, expressed concern with the impact the Salt Lake Clinic construction would have on her property. Brent Wilde indicated that her property would not be impacted.

 

Herb Livsey, representing the owners of the property on the northwest corner of 800 East 200 South, said that the property is in a business oriented block and he supported the “B-3” zoning.  Bob Smith, Salt Lake Clinic, indicated that the neighborhood council and the Clinic are still in the process of resolving the parking issue in relation to the proposed surgical center.  Councilmember Whitehead suggested that if the rezoning is approved then it should become effective after December 15th in order to give the developers of the Dresden Place apartment project a chance to complete their development. Mayor DePaulis suggested that if this development does not occur, however, the property should be down zoned to modified “R-5”.

 

Councilmember Parker urged continued negotiations between the neighborhood and the Salt Lake Clinic. Councilmember Hardwick indicated that the East Central Neighborhood had been working for a long time on this down zoning issue.

(P 85-242 and 243)

 

Modified “R-5” Zoning.

RE: A public hearing at 7:15 p.m. to discuss the proposed modifications to the “R-5” zoning ordinance.

 

ACTION: Councilmember Whitehead moved and Councilmember Kirk seconded to close the public hearing which motion carried, all members present voting aye.

 

Without objection Councilmember Hardwick referred this item to the November 5, 1985, Council agenda.

 

DISCUSSION: The modified “R-5” zone would allow 50 dwelling units per acre, would impose a height restriction of 45 feet, would have an increased sideyard requirement, and would include a useable open space requirement. Brent Wilde, planning and zoning, said that rather than creating a separate ordinance for the East Central Neighborhood, the proposed modifications would be on a City-wide basis. He said that there are some “R-5” properties in the Capitol Hill Neighborhood which are already subject to height restrictions, and “R-5” properties are also found along South Temple, along 1300 East, at the mouth of Emigration Canyon, along McClelland Street and 1100 East, at the Graystone Condominiums, and along Redwood Road. He said that these would be the only properties affected by a City-wide “R-5” modification. No one from the audience addressed this issue.

(O 85-34)

 

CITIZEN COMMENTS

 

#1. Glen Edwards, 913 Jefferson Street, complained about another business in the area which appears to be violating city ordinances. He mentioned that they have a sign and a trash bin in the public alley and trucks block the street and sidewalk. He felt that his business was being hindered. Mayor DePaulis said that the Mayor’s Office would investigate this situation.

 

The meeting adjourned at 8:35 p.m.