The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, July 7, 1998, at 6:00 p.m. in Room 315, City Council Chambers, 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
Mayor Deedee Corradini; Steven Allred, Deputy City Attorney; Cindy Gust-Jenson, Executive Council Director; and Bonnie Ferrin, Deputy City Recorder, were present.
Councilmember Jolley presided at and Councilmember Thompson conducted the meeting.
#1. The Council led the Pledge of Allegiance.
#2. Councilmember Jolley moved and Councilmember Seed seconded to approve the minutes of the Salt Lake City Council meeting held June 9, 11, and 16, 1998, which motion carried, all members present voted aye.
(M 98-1)
Councilmember Thompson acknowledged the presence of Miles Romney who was working on his Citizenship merit badge.
CITIZEN COMMENTS
Yolanda Sanchez, 553 Garn Way, said she addressed the Council approximately 3 months ago regarding closing a portion of the alley located between Folsom Avenue and 200 South at 900 West. She said her family had done their share by putting high powered lighting from Utah Power and Light in the alley. She said things were even worse than they were 3 months ago. She said she purchased another home near the site and was in the process of demolishing it. She said this was to help clear out some of the transients in the area. She said neighbors were in favor of closing the alley, but did not want to come to the meetings, and had left it up to the Sanchez family.
Councilmember Jolley asked about the business who needed to maintain some type of access through the alley way.
Ms. Sanchez said it was the KP Company, who also wanted the alley closed. She provided the Council with photographs to illustrate her point that it still had not been cleaned up.
Ms. Gust-Jenson said the Council would receive a briefing on the issue at the Committee of the Whole, following the Regular Council Meeting.
Noel deNevers, 1416 Butler Avenue, thanked the City for completing the refurbishing of the tennis courts at the corner of Butler Avenue and University.
Thomas Cerruti, 1392 East Butler Avenue, said he supported the proposal for amortization of the house at 1403 Butler Avenue. He said the Board of Adjustment originally decided in favor of the neighborhood to declare it an illegal use. He said the decision was overturned by a motion of the Planning Staff of the Board of Adjustment. He quoted the Finding and Order of the Board of Adjustments which stated "the City Administration believed that amortization would be fair to both parties; the neighborhood in as much as a non-conforming use would eventually end and preserve property rights that the Gellerts established." He said this was the position that the City took when it was requested that the Board of Adjustment reopen the matter and the Board of Adjustment subsequently overturned their prior decision. He said they declared that it was a legal, non-conforming use. He said the matter was now before the Council. He said City staff was taking a contrary position that the City did not want to engage in the amortization process. He said he thought it was unfair and respectfully requested the Council's help.
Eugene Loh, 1399 Butler Avenue, commended the Mayor on her "Adopt-A-School" policy in elementary schools. He briefed the Council from a handout regarding enforcing zoning. (See M 98-1 for handout.)
Jocelyn Loh, 1399 Butler Avenue, said she supported amortization. She quoted Sydney Fonnesbeck, of the Board of Adjustments, who said "amortization could be over the period of the present owners life, and then the property could not be sold with grandfather rights, or as a boarding house." She said she agreed that amortization attached to the current owner would be a fair solution to both parties. She said what was important about the comments of Ms. Fonnesbeck and Merrill Nelson, Board of Adjustments Administrator, was that they came out in favor of the actual amortization, not just the discussion or a voting on it. She said she was not alone in seeing the fairness to all on Butler Avenue that amortization would represent. She said regarding the financial aspect that the City would incur, she suggested that any time new ground was broken, and in fairness to all taxpaying citizens, it should be anticipated that taxpayer money would be spent. She said the cost could be lessened by using appraisers and economists on the City payroll. She appealed to the Council to support her views.
Klancy deNevers, 1416 Butler Avenue, said she had lived at that address for 35 years and had seen the neighborhood improve markedly over the years. She said if residents were not careful the University of Utah could swallow up a little neighborhood like hers. She said residents tried hard not to be a slum, which happened next to many universities. She said residents tried hard to maintain good single-family dwellings against the forces of the community.
Greg Fain, Hard Rock Café, presented Council Members with T-shirts and invited them to visit their café.
Mayor Corradini thanked the group for coming to Salt Lake City.
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 reappointment of Elmer Bullock to the Community Development Advisory Committee for a term extending through July 2, 2001.
(I 98-16)
#2. Approving the reappointment of Marsha Midgley to the City and County Building Conservancy and Use Committee for a term extending through July 1, 2002.
(I 98-13)
#3. Adopting a motion approving the following decisions made by the Planning Director.
a. Petition No. 400-97-08, a request by Craig Collins to amend Lots 22, 23, 24, and 25 of the Hampton's Subdivision No. 2 located at 1130 South Lake Street.
(P 98-52)
b. Petition No. 400-98-10, a request by Roger Chapman to amend Lots 3 and 4 in the Rulon Industrial Park Number 2 Subdivision, located at approximately 5400 West 700 South.
(P 98-53)
c. Petition No. 400-97-82, a request by Alan Taylor of Bingham Engineering, representing Ninigret Park Development, L. C., to amend Plat 1, Lot 3 and Plat 2, Lot 2 of the Ninigret Park Subdivision located at approximately 1800 South 4600 West.
(P 98-55)
d. Petition No. 400-98-29, a request by Price Development to amend Lots 9, 20, 21, 22, and 23, Plat A in the Pioneer Square Industrial Park Subdivision located at approximately 2205 West 1700 South.
(P 98-55)
#4. RE: Setting the date of August 11, 1998 at 6:00 p.m. to accept public comment and consider adopting an ordinance rezoning property located at 189 Lucy Avenue from Residential Multi-Family (RMF-35) to General Commercial (CG), pursuant to Petition No. 400-98-07.
(P 98-56)
#5. RE: Adopting Resolution 42 of 1998, authorizing the approval of an Interlocal Agreement between Salt Lake City Corporation and the U. S. Department of Justice to receive funding from the U. S. Department of Justice, Office of Community Oriented Policing Services (COPS), in the amount of $1,000,000 to establish a Community Policing Demonstration Center.
(C 98-456)
#6. RE: Adopting Resolution 43 of 1998, authorizing the approval of an Interlocal Agreement between Salt Lake City Corporation and the U.S. Department of Justice to receive funding from the U.S. Department of Justice, Office of Justice Programs (OJP) in the amount of $175,000 to continue to support activities within the Weed and Seed target area which includes Glendale, State Fairpark and Poplar Grove communities.
(C 98-457)
#7. RE: Adopting Resolution 44 of 1998, agreeing to participate as a member of the Utah Communications Agency Network; providing for the appointment of a representative and alternate representative to represent the City on the Utah Communications Agency Network Board; and related matters.
(R 98-5)
UNFINISHED BUSINESS
#1. RE: Adopting an ordinance amending Salt Lake City Ordinance 50 of 1998, which adopted the rate of tax levy upon all real and personal property within Salt Lake City made taxable by law for the fiscal year commencing July 1, 1998 and ending June 30, 1999.
ACTION: Councilmember C. Christensen moved and Councilmember Seed seconded to adopt Ordinance 51 of 1998, which motion carried, all members present voted aye.
(O 98-16)
DISCUSSION: Councilmember Thompson said the amendment was necessitated because the certified tax rate came in different than what had been estimated.
PUBLIC HEARINGS
#1. RE: Accept public comment and consider adopting an ordinance rezoning properties located on the north side of 900 South between 200 East and Roberta Street, from Commercial Neighborhood (CN) to Commercial Corridor (CC), pursuant to Petition No. 400-97-48.
ACTION: Councilmember Jolley moved and Councilmember C. Christensen seconded to close the public hearing, which motion carried, all members present voted aye.
Councilmember Jolley moved and Councilmember C. Christensen seconded to adopt Ordinance 52 of 1998, which motion carried, all members present voted aye.
DISCUSSION: Gene Rose, petitioner and CEO of Loftus International, said he was requesting the change to put an addition to the building at 883 South 200 East. He said this would extend the parking lot to handle additional cars. He said landscaping would be done, along with curb and gutter repairs and lighting. He said the lighting would blend well with the neighborhood on Roberta Avenue. He said he thought they had been good neighbors. He said they had been operational for 59 years and really needed the space.
Kerry Sanders, 845 and 837 South Roberta Street, said the neighborhood supported Mr. Rose and his Loftus plan. He said Mr. Rose had been instrumental to put Roberta Street back on its feet.
John Loveland, 820 South Roberta Street, supported the zoning change. He said this change would help make the neighborhood safer.
Councilmember Seed said this issue had been controversial and discussed in the community for the last two years. She said the concern was that the zoning change would take a piece of property and make it more commercial, and less residential. She said she thought Mr. Rose had worked with the community to address their concerns.
Councilmember Jolley said he supported Mr. Rose and the business he had.
Councilmember Rogan said the business had been a "good neighbor" and the neighbors recognized the fact and were willing to accommodate the business. He said he felt it was appropriate for the Council to look for ways to enable businesses like this to succeed within the community.
Councilmember Thompson said the area was originally residential, but a lot of the homes had been converted into businesses. He said there was a balance in policies to go through the process. He said he agreed that this was probably the best use for the Loftus International Company and for the neighborhood in general.
(P 98-44)
The meeting adjourned at 6:35 p.m.