The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, February 10, 1998, at 6:00 p.m. in Room 315, City Council Office, City County Building, 451 South State.
The following Council Members were present:
Carlton Christensen Joanne Milner Tom Rogan
Deeda Seed Roger Thompson Bryce Jolley
The following Councilmember was absent: Keith Christensen
Kay Christensen, Deputy Mayor; Roger Cutler, City Attorney; Cindy Gust-Jenson, Executive Council Director; and Bonnie Ferrin, Deputy City Recorder, were present.
Councilmember Jolley presided at and conducted the meeting.
#1. The Council led the Pledge of Allegiance.
#2. Councilmember C. Christensen moved and Councilmember Seed seconded to approve the minutes of the Salt Lake City Council meeting held February 3, 1998, which motion carried, all members present voted aye.
(M 98-1)
Councilmember Jolley recognized Darline Robles, Superintendent of the Salt Lake City School District, Mayor Fitts, South Salt Lake City, and Troop 565.
CITIZEN COMMENTS
Briant Stringham, 59 West South Temple, Utah Woolen Mills, thanked the Council for their consideration and action regarding work done around his business property. He said he was told the City would work with the contractor and construction manager who would schedule work on South Temple without complete closure to his property and maintain access to parking at Utah Woolen Mills at all times.
CONSENT AGENDA
ACTION: Councilmember Seed moved and Councilmember Milner seconded to approve the Consent Agenda, which motion carried, all members present voted aye.
#1. RE: Approving the appointment of Michael P. Steed to the Planning Commission for a term extending through July 1, 2000.
(I 98-10)
#2. RE: Setting the date of March 17, 1998 at 6:00 p.m. to accept public comment and consider adopting an ordinance to amend the fiscal year 1997-98 Budget.
(B 98-9)
#3. RE: Adopting Resolution 9 of 1998 authorizing the approval of an agreement between Salt Lake City Corporation and the State of Utah for Salt Lake City to receive funding from the State of Utah, Division of State History in the amount of $10,000 to be used for an Historic Resource Survey of the Bryant Neighborhood, of properties which may be eligible for the Historic National Register.
(C 98-54)
#4. RE: Adopting Resolution 10 of 1998 authorizing the approval of an interlocal cooperation agreement between Salt Lake City Corporation and the Utah Department of Community and Economic Development for the purpose of providing a $35,000 grant to the City from the Olene Walker Trust Fund to be used for the rehabilitation of a transitional housing property located at 872 North 1500 West in Salt Lake City, Utah.
(C 98-53)
#5. RE: Adopting a motion approving the following decisions made by the Planning Director.
a. Petition No. 400-97-80, a request by Mr. Don Wallace of Sortech L.L.C., to amend Plat 2, Lots 26, 27 and 28 of the Sorenson Technology Park Subdivision, located at approximately 1100 South 3700 West.
(P 98-11)
#6. RE: Setting the date of March 10, 1998 at 6:00 p.m. to accept public comment and consider adopting an ordinance amending the Salt Lake City zoning code relating to the condominium approval procedure.
(O 98-3)
PUBLIC HEARINGS
#1. RE: Accept public comment and consider adopting an ordinance rezoning property located at the northwest corner of 500 East and 100 South from Residential Office (RO) to Residential Mixed Use (RMU).
ACTION: Councilmember Thompson moved and Councilmember Seed seconded to close the public hearing, which motion carried, all members present voted aye.
Councilmember C. Christensen moved and Councilmember Thompson seconded to adopt Ordinance 7 of 1998, which motion carried, all members present voted aye.
DISCUSSION: Wayne Sand, representing Marriott Senior Living Services, 3130 South Harvard Blvd., Santa Anna, California, said he was pleased with the efforts of staff in their assistance in designing a facility for the location. He said they had adapted the Brighton Gardens concept to the 1.7 acre site on 100 South and 500 East.
Councilmember Seed said the land was originally going to be zoned RMU and was changed at the request of the owner.
Councilmember Thompson said he understood that this zoning would not take place until a building permit was issued. He was told this was correct.
(P 98-2)
#2. RE: Accept public comment and consider adopting an ordinance rezoning property located at 2529 Stratford Avenue from R-1-7000 to RMF-30.
ACTION: Councilmember Thompson moved and Councilmember Seed seconded to close the public hearing, which motion carried, all members present voted aye.
Councilmember C. Christensen moved and Councilmember Seed seconded to adopt Ordinance 8 of 1998, contingent upon approval and issuance of a building permit, which motion carried, all members present voted aye.
DISCUSSION: Alan King, 3955 Wilker Haven Circle, said he had a financial interest in the property at 2529 South 800 East. He said had just received information regarding this issue and had no opportunity to look at the proposal. He asked if he could get this information before approval was given because it impacted his property.
Everett Joyce, Long Range/Ordinance Developer, gave a staff report. He said the area was located west of 900 East and all properties which front on the street were zoned RMF-30. He said the parcel was re-subdivided as part of the rezoning request. He said this created a lot which would front on Stratford Avenue. He said the developer had proposed putting in a 10-unit, elderly residential care facility.
He said the recommendation was to approve the RMF-30 zoning, subject to the building permit being taken out for the elderly care facility. He said the property was zoned R-1-7000 previously because of the long, narrow lot which had frontage on 800 East and was one individual parcel. He said in the 1995 rezoning, the Planning Commission and City Council requested R-1-7000 zoning until the subdivision request was made and the property acquired. He said the zoning had been re-evaluated on the back parcel and was consistent with the master plan. He said the elderly care facility was a permitted use in RMF-30 zoning.
Mr. King said he wanted to see a covenant specifically stating that this zoning would remain.
Councilmember Jolley said part of the approval process was that the zoning change would not take place until there was a permit taken out to build a facility. He said if this did not go through, the zoning would not change.
Councilmember C. Christ-ensen asked if this was a permitted or conditional use. Mr. Joyce said it was a permitted use.
Mr. King asked if, ten years from now, a permitted use would be a group-home for troubled youth.
Mr. Joyce said not without going through the entire process.
Brent Wilde, Planning Division Deputy Director, said the current zoning did not allow homes for substance abuse or transitional treatment for troubled youth. He said if the lot were 10,000 square feet, conversion to a residential use in this zone would be limited to approximately 3 dwellings.
Paul Mecham, 849 East Stratford Avenue, said he was in favor of the proposed change. He said his only concern was if another major apartment complex went in on the lot.
Dennis Tolland, 1725 East Blackhawk Drive, Pleasant Grove, said this was a Beehive Home project. He said the average age of individuals who resided in these homes was 84 years old. He said the homes were designed to fit in with neighborhoods and look like other homes in the area. He said a lot of time went into the landscape to fit in with the neighborhoods. He said he had met with the neighbors and had been received well.
(P 98-5)
#3. RE: Accept public comment and consider adopting an ordinance adjusting the boundaries of Salt Lake City and South Salt Lake City along 500 East between Warnock Avenue and 2700 South.
ACTION: Councilmember Seed moved and Councilmember Milner seconded to close the public hearing, which motion carried, all members present voted aye.
Councilmember Thompson moved and Councilmember Rogan seconded to adopt Ordinance 9 of 1998, which motion carried, all members present voted aye.
DISCUSSION: Mayor Randy Fitts, 220 East Morris Avenue, South Salt Lake, said this was one of the last open spaces in South Salt Lake. He said they would be putting a senior citizen facility on the property and was in favor of the ordinance.
(P 97-44)
#4. RE: Accept public comment and consider adopting an ordinance closing a portion of an alley located between Folsom Avenue and 100 South at 900 West, pursuant to Petition No. 400-97-11.
ACTION: Councilmember Seed moved and Councilmember Rogan seconded to close the public hearing and consider options, which motion carried, all members present voted aye.
Councilmember Thompson moved and Councilmember C. Christensen seconded to postpone hearing for 45 days and ask the Administration to give their response to the condition and explore the right-of-way acquisition and trade, to see if it would be a possibility, which motion carried, all members present voted aye.
DISCUSSION: Arquin Sanchez, 553 South Garn Way, said he wanted the alley closed because of drug activity. He said this was right next to his business. He said he did not feel that putting up a gate would help. He said trucks did not use the alley as much as they used to because of the broken glass and debris.
Yolanda Sanchez, 553 Garn Way, said there was a telephone at the bakery next to them and the telephone was in constant use. She said drug dealers used the alley to park by the telephone to make their connections. She said a gate would not work.
Councilmember Milner asked to speak and reserved the right to make a motion. She commended the Sanchez family for their patience. She said they had been model residents and responsible property owners in the area. She said as part of her motion she wanted to recommend closing part of the alley to help curtail some of the illegal activity which was taking place. She asked to consider the options of gating and working with the other property owners.
Councilmember Seed asked which part of the alley would be closed.
Lisa Miller, Urban Design/ Alleys, displayed a map showing the portion to be closed.
Councilmember Jolley said there was a question about the semi-trucks which used the alley. He asked if there was a place for them to turn around if the alley were closed.
Ms. Miller said there was a private driveway which some drivers used. She said she was told the owner of the driveway did not mind the use, but the alley was not a legal City street.
Councilmember Rogan asked if there had been any discussion with the owner of the private right-of-way regarding the possibility of working an exchange with Mr. and Mrs. Sanchez. He said the exchange would be to acquire the private right-of-way and trading with the City. Ms. Miller said this idea had not been pursued.
Councilmember Rogan asked if the owners of surrounding properties were supportive of the Sanchez's efforts.
Ms. Miller said the letter she received from one property owner who indicated that he was not in favor of the closure. She said several of the other property owners were in favor of closing the alley after business hours.
Councilmember Thompson said it looked like an enforcement problem. He asked if there were sufficient laws on the books to remove the telephone. He asked if the Gomez family had voiced any willingness to do away with their telephone, or to move it. He said he would be in favor of postponing the issue to see if other options could be explored to help resolve it. He said he wanted to bring the issue back in 45 to 60 days and see what the Administration could do to help the Sanchez family.
Councilmember Rogan asked for clarification on Council-member Milner's motion. He asked if the motion was to simply close the alley by fencing it around the clock or to fence it after business hours. Councilmember Milner said her motion was to fence it after business hours.
Councilmember C. Christensen asked if an alley could be closed for a short period of time.
City Attorney Roger Cutler said it was a public right-of-way and the City did have the authority to manage those alleys and streets and close them temporarily.
Councilmember C. Christensen said he had a difficult time taking away the public right-of-way until some other remedy to the right-of-way had been achieved. He said he would not be opposed to using a gate like Public Utilities used, where no one could go through. He said other property owners could have a key to the gate to open it when they wanted. He said he had a difficult time closing the alley permanently at this time without providing some other right-of-way.
Councilmember Jolley asked if it were possible to move the telephone if it were being used for illegal activities.
Mr. Cutler said several cities had adopted nuisance ordinances and the department was in the process of drafting one. He said he hoped that within the next 30 to 60 days there would be an ordinance to present to the Council.
Councilmember Thompson said he wanted to see the property owners come together and see if it were an option to get some heavy gates at either end of the alley.
(P 98-3)
#5. RE: Accept public comment and consider adopting an ordinance enacting a Mixed Use Zoning classification in the West Capitol Hill Neighborhood, pursuant to Petition No. 400-96-74; and rezoning multiple parcels in the West Capitol Hill Neighborhood, between 200 West and 400 West and north of North Temple Street, pursuant to Petition No. 400-96-75.
ACTION: Councilmember Rogan moved and Councilmember Seed seconded to accept comments, request information from Administration and continue hearing to March 3, 1998. He further requested that Council request that Administration provide information for additional language to the ordinance providing the maximum degree of incentives in the West Capitol Hill neighborhood. He also requested encouraging residential development and to protect the rights of the commercial property owners, and additionally develop the density bonus options based on providing additional design elements for residential developments. He said this was like underground assured parking, additional landscaping, building material and additional amenities, which motion carried, all members present voted aye.
DISCUSSION: Katherine Gardner, 606 DeSoto Street, said her neighborhood council wanted to protect the Capitol Hill area. She said this was an historic area and had a lot of potential. She said there were only two individuals who voted against the proposed ordinance. She said the Community Council wanted to see this ordinance passed, but wanted some residential incentives and clarification of the zoning.
Hermoine Jex, 272 Wall, handed out a copy of her written statement to the Council.
LeRoy Cole, 146 East 6715 South, said he owned property at 375 West 400 North and had run a manufacturing business there for 20 years. He said he then down-sized to a smaller building. He said he did not want to see the current ordinance changed, because if he wanted to go back to manufacturing, he would not be able to. He said he was against the proposed ordinance.
Darline Robles, 511 East 1300 South, Superintendent Salt Lake City School District, said the Council received a letter from the School Board President indicating that the board had discussed the mixed zone concept at their last board meeting and wanted to show their support. She said the School Board also wanted to encourage the City Council to consider residential and minimize the commercial development close to West High School. She said the board believed safety of the students was crucial. She said they supported the proposed ordinance.
Councilmember Thompson asked if the school district was given adequate notice of the zoning change.
Ms. Robles said the school board wanted additional advanced notice so they could give additional input.
Keith Widdison, 521 Arctic Court, said he opposed the proposed ordinance. He said a substantial amount of the block would be changed from residential to commercial. He said this block was full of non-functional commercial spaces right now. He said he was interested in expansion of the Capitol Villa housing.
Douglas McClellan, 353 West 700 North, said he had a problem with the zoning because a line had been drawn over his access. He said there was an alley which accessed the back property. He said he liked the Mixed Use Zoning better than the RO. He said he wanted to see something done so he could use the 1/3rd acre property. He said at the time the property was purchased it was zoned M-1, manufacturing.
Bonnie Mangold, 326 Almond Street, said she was speaking as a member of the Capitol Hill Master Plan Advisory Committee and as trustee for the Washington District of the Neighborhood Council. She said she was not around at the time the West Capital Hill Master Plan and subsequent Master Plan was drawn up.
She said many good intentions were apparent in the Master Plan and in the creation of the Mixed Use Zone. She said the wording of the Mixed Use Zoning ordinance did not provide adequate support for the intentions expressed in the Master Plan. She said the major land use in the corridor was for West High School. She said there were 870 dwelling units along with the 68 to 70 commercial uses. She said the Mixed Use zone must succeed in creating an optimum environment for students. She said this must also foster residential rehabilitation and preservation, and encouraging commercial uses which were neighborhood oriented.
Ms Mangold said the proposed ordinance allowed the potential for an all commercial strip for many permitted uses which were questionable for a high school environment. She said there was a clear potential for 300 West to be strictly commuter oriented, with many un-neighborly activities. She said there was the potential for displacement of residents. She said conditional uses could ultimately destroy the area for residents. She asked the Council to ensure that the Mixed Use ordinance would realize the positive visions from the Master Plan.
Alan Parsons, 724 South 300 East, asked if he could build an apartment and if this would limit him in some way.
Councilmember Jolley asked if someone from the Administration would speak to Mr. Parsons and answer his zoning questions and the effects of the zoning change.
Richard Carman, 614 Emery Street, said he owned a business in the area and had been involved in the planning of the Mixed Use Zoning. He said he was surprised to find additional residential enhancements included. He said this zoning would severely restrict his business. He asked the Council to reject the ordinance until the issue could be worked out.
Ernest Hughes, 1943 West 800 North, said he owned property at 659 North 300 West. He said residents wanted to push small businesses out even though small business employed over 50% of the people in the United States.
He said neighborhoods should decide what mix of residential, small business, and manufacturing could live together and work. He said when he bought his property it was worth a lot more money than it was today because of the zone. He said the property next door to him was purchased by the Redevelopment Agency (RDA). He said he made an offer, but no one came back to him to ask whether or not he wanted to counter the offer. He said something needed to be in place to protect minorities when they wanted to buy property.
Orlanda Davis, 358 West 500 North, said she was grateful to the City for giving her the opportunity to upgrade her neighborhood. She said whatever improvements could be made to the neighborhoods before the 2002 Olympics would be most welcomed.
Councilmember Rogan said in reviewing the proposed ordinance he felt the ordinance could do more to help achieve the broader objectives with regard to providing incentives to residential development in this area. He said by continuing the public hearing, he hoped to take a look at what could be done to more effectively provide incentives for residential development without denigrating the rights of individuals who owned properties zoned commercial.
Councilmember C. Christ-ensen said while he was not opposed to residential incentives, he did have concerns for business owners. He said they had been long members of the community. He suggested the City put a grandfather-clause in the ordinance.
Councilmember Thompson said the RDA had designated the area as a redevelopment area and he thought of this as a gateway to the City. He said there had been a substantial investment by the School District in West High School and the area had a great future. He said the Council needed to be sensitive to the agreement reached among business and residential interests. He said he would support the ordinance, but would hope that both sides would get together to make sure the business interests had a say in the development of the ordinance.
(P 98-6)