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03/08/1994 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 8, 1994 The City Council of Salt Lake City, Utah met in Briefing Session on Tuesday, March 8, 1994, at 5:30 in Room 325, City County Building, 451 South State Street. The following Council Members were present: Paul Hutchison Alan Hardman Roselyn Kirk Tom Godfrey Stuart Reid Keith Christensen Sam Souvall Councilmember Hardman presided at and conducted the meeting. The meeting was called to Councilmember Kirk said the order at 5 :40 p.m. contingency amount was $127 , 000 . She asked what the figure was #1. REPORT OF THE EXECUTIVE last year at this time. Kerri DIRECTOR. Nakamura, Council Budget/Policy Analyst, said it was Cindy Gust-Jenson said Item approximately the same as last F-1, Sutherland Building Centers year. sales tax rebate, should be delayed until Item G-3, Ms . Gust-Jenson said Lou Sutherland Building was Miller, Director Airport discussed. Authority, had made significant progress on getting indirect cost She said Item G-1, Housing money back into City coffers . Code, the staff recommendation She said Steve Domino, Airport was to close the hearing, but she Planning and Environmental wanted to recommend continuing Programs Director, would be the hearing to a later date. She addressing the issue. said the housing code was a complex issue which had not had She said there was a much public comment. landfill position request in the budget opening which should have Councilmember Kirk said she been advertised and listed thought it was important that the separately on the agenda . She housing code be mailed out to said if Council voted on this those people that had concerns in issue, they should express their the past . tentative approval and the landfill issue would be brought Ms . Gust-Jenson said the back to the Council on April 5, mailings had gone out 30 days 1994 . before the meeting and the mailing included a copy of the Ms . Gust-Jenson said Item G- code. 3, Sutherland Building, there was an issue regarding an apartment She said Item G-2, Budget building which housed heart Amendment #3, Steve Fawcett, patients . She said Janice Policy and Budget Director, would Jardine, Northwest Planner, would be at the meeting to answer any address the issue in her staff questions . report. 94 - 51 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 8, 1994 group had the ability to do #2. HOLD A DISCUSSION AND comparisons on a whole range of INTERVIEW DAVID KOLZOW, DONALD issues which had to do with IANNONE, JOHN NEWMAN, AND KEVIN programs, cities, goals, and O'BRIEN FOR THE ECONOMIC financial structures . He said DEVELOPMENT AUDIT. the team could bring the information together in an Ms . Nakamura said a understandable format. He said technical team had interviewed data was important, but the most firms for the audit. She said important issue was keeping an the technical team consisted of eye on what the City's goals were Buzz Hunt, former City Treasurer; in terms of future development Linda Hamilton, Consultant; for the City. He said the group Natalie Gochnour, State Office of had worked on projects which had Planning and Budget; and Susan different aspects of the Request Roberts , Revenue Planner. She For Proposal. He said each introduced the Consulting Team member of the group had which consisted of Kevin O'Brien experience in dealing with fiscal (not present) , John Newman, David impact analysis, economic Kolzow, and Donald Iannone. development strategy, public cooperation issues , and David Kolzow, Tuson, negotiations . Arizona, said a team had been developed which had a large range John Newman, Consultant, of development experience. He West Valley City, said the group said this experience ranged from was excited to work with the City city management to economic and would do a good job to help development and strategic the City in the decision making planning, working with process . developers, and site selection consulting for major The meeting adjourned at corporations . He said he would 6 :00 p.m. serve as project manager to make sure there was a clear sense of bf responsibility. He said the group would look at where Salt Lake City fit into the future, which would include the bid for the upcoming Olympics . Donald Iannone, Cleveland, Ohio, said Salt Lake City was asking the right questions having to do with not only whether the City was growing, but the critical issue of how the City would pay for the growth. He said the group saw the project providing better tools for decision making at a staff and legislative level . He said the 94 - 52 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 8, 1994 The City Council of Salt Lake City, Utah met in Regular Session on Tuesday, March 8, 1994, at 6 : 00 p.m. in Room 325, City County Building, 451 South State Street. The following Council Members were present: Paul Hutchison Alan Hardman Roselyn Kirk Tom Godfrey Stuart Reid Sam Souvall Keith Christensen Councilmember Hardman presided at and Council Chair Souvall conducted the meeting. #1. The Council led the Mayor of their concern the Pledge of Allegiance. over security for the facility during the next #2. Councilmember three month period. Godfrey moved and Council- member Kirk seconded to Ms . Christensen said approve the minutes of the she would convey the Salt Lake City Council information to Mayor meeting held March 1, 1994, Corradini. which motion carried, all members voted aye. CITIZENS COMMENTS (M 94-1) Rich Tuttle, no #3. Kay Christensen, address given, said he was Chief of Staff, presented concerned because many of recommendations to the the handicapped parking Council regarding proposed stalls were taken by Community Development Block vehicles which did not have Grant funding recom- appropriate handicap mendations . stickers during the meetings . Ms . Christensen pre- sented the Mayor' s Jay Hill, Vice recommendations on the 20th Chairman of Community Year Community Development Development Action Block Grant (CDBG) process . Committee (CDAC) , invited M 94-7 the Council to attend next year's area meetings to see QUESTIONS TO THE MAYOR their large turn out and participation. Councilmember Christ- ensen said he and Virgil Newkirk, 826 Councilmember Kirk had South Jefferson, requested attended the Sugar House that code enforcement Community Council last week officer's avoid giving any and reported the actions information about an taken concerning Irving Jr. individual who made High School . He said a complaints . He suggested request was made to notify 94 - 53 y �, PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 8, 1994 enforcement officer's give of taxi driver licensing a generic response. applicants and taxi driver licensing qualifications. Mr. Newkirk said his (0 94-4) Community Council was proud of the new Taco Time #4. RE: Adopting located at 800 South State Resolution 17 of 1994 Street. He wanted to know authorizing the approval of if there was a letter of an interlocal cooperation congratulation or agreement amendment between appreciation which could be Salt Lake City Corporation sent to the owners of the and the University of Utah Taco Time. for design and con- struction administration CONSENT AGENDA services for certain City projects. ACTION: Councilmember (C 93-431) Godfrey moved and Councilmember Hardman #5. RE: Adopting seconded to approve the Resolution 18 of 1994 Consent Agenda, which authorizing the approval of motion carried, all members an interlocal cooperation voted aye. agreement between Salt Lake City Corporation and the #1 . RE: Setting the Utah Department of date of April 5, 1994 at Transportation for the 500 6:05 p.m. to accept public South bridge replacement. comment and consider (C 94-112) adopting a motion regarding the Mayor's proposed #6. RE: Adopting Community Development Block Ordinance 9 of 1994 levying Grant funding a tax and providing for the recommendations. assessment of property in (T 94-8) Salt Lake City Lighting District No. 3 for a period #2. RE: Setting the of three years, date of April 5, 1994 at establishing the effective 6:10 p.m. to accept public date of the ordinance, and comment and consider related matters . adopting an ordinance (Q 93-12) renaming Eddy Rickenbacker Drive to 5600 West Street, UNFINISHED BUSINESS pursuant to Petition No. 400-94-13. #1. RE: Adopting a (P 94-4) resolution authorizing the approval of an interlocal #3. RE: Setting the cooperation agreement date of April 19, 1994 at between Salt Lake City 6 :00 p.m. to accept public Corporation, the comment and consider Redevelopment Agency of adopting an ordinance Salt Lake City and amending the investigation Sutherland Building 94 - 54 - PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 8, 1994 Material Shopping Centers, Councilmember Godfrey Inc. regarding the moved and Councilmember development of real Hardman seconded to adopt property at approximately the following Legislative 1800 West North Temple with Intent that the HDC's a sales tax rebate Glendale property be inducement. transferred to Salt Lake City as soon as the 1985 ACTION: See Item G-3 Series Bonds were retired, (0 93-113) which motion carried, all members voted aye. #2. RE: Adopting a resolution expressing the DISCUSSION: Kerri intention of Salt Lake City Nakamura, Council Budget/ to refinance the City's Policy Analyst, said the obligation under a Lease recommended motion was Agreement between the City assuming that the Glendale and the Housing Development property could be Corporation (HDC) to assist transferred at the time the the Housing Authority of Canterbury property was Salt Lake City in advance transferred from the City refunding the Authority's to the Housing Development adjustable/fixed rate Corporation (HDC) . She housing revenue bonds, 1985 said because of bonding Series A, authorizing the requirements the Glendale taking of other action property could not be necessary to the consum- transferred until the 1985 mation of the transactions Series bonds were paid off . contemplated by the (Q 94-2) Resolution, and related matters. PUBLIC HEARINGS ACTION: Councilmember #1. RE: Accept Godfrey moved and Council- public comment and consider member Hardman seconded to adopting an ordinance adopt Resolution 16 of relating to existing 1994, supporting the HDC's residential housing and bond refinancing, with the dangerous buildings. support being contingent upon a favorable review of ACTION: Councilmember the financing by the City's Godfrey moved and Financial Advisor, with the Councilmember Reid seconded review including the to continue the hearing to Financial Advisor's July 12, 1994, which motion recommendation of the carried, all members voted earliest date that the City aye. could be released from the financial obligation of the DISCUSSION: Harvey bonds, which motion Boyd, Assistant Director of carried, all members voted Building Services and aye. Licensing, said the City had developed the Uniform 94 - 55 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 8, 1994 Housing Code (UHC) which reduce the standards and was created by the make them more applicable International Conference of to Salt Lake City. Building Officials in 1970 . He said the code' s scope He said after a was for single family skeletal ordinance had been dwelling units and developed, the ordinance apartments and pertained to was taken to a number of residential properties . community agencies and individuals for input. He He said the Fit said they were now on the Premise ordinance adopted fifth draft of the in 1991 used the housing document. He said he standards established in thought the document was a the housing code. He said more representative code the unit legalization for conditions which Salt process had been developed Lake City faced. He said to legalize existing the vacancy rate in Salt apartments which were built Lake City was less than 2% without permits or and 33% of housing in Salt inspection. He said the Lake City was built before apartment licensing program 1940 . He said only 10% had was founded on the housing been built since 1980 and code. it was important that a code be in place which Mr. Boyd said inflexi- addressed the City's bility was one of the big special considerations . He issues with the UHC and said the level of safety caused a number of problems created with this code for existing property would meet minimum owners . He said the standards and would provide Uniform Building Code (UBC) for the safety of was the sister document to individuals in apartments the UHC . He said the UHC and houses . was the primary code used for all new construction He said he recommended and was being applied to the Council consider the existing residential adoption of the code. properties . He said this proposal was a way to use a Councilmember Kirk more liberal code. He said asked if it would be this would provide more possible to send out allowances for the existing notifications to all of the property. citizens who's complaints had not been resolved in Mr. Boyd said he made the last two years . She inquiries to approximately asked how many citizens 15 different municipalities would be involved. regarding their code standards . He said with Mr. Boyd said it would this information City staff be approximately 100 to 150 had looked at ways to individuals . He said many 94 - 56 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 8, 1994 of those situations were Uniform Housing Code, the zoning standards, involving housing code allowed the problems like front yard building official to make parking. He said in terms special exceptions as to of housing issues, most variances for special were addressed, leaving situations . approximately 25 to 50 cases . Karen Silver, 764 South 200 West, said the Councilmember Kirk Community Action Program said she was only (CAP) was supportive of the interested in the 25 to 50 proposed code, but offered cases . the Council a letter listing a few concerns (see Mr. Boyd said he would File No. M 94-4 ) . put a list together. He said he had already She said CAP was provided Council staff with concerned about lead pipes a list of names and in existing units . She organizations which said CAP wanted to be sure included the Apartment that as lead pipes needed Association and their replacement, they were representatives . He said replaced with non-lead they had contacted and pipes. given a copy of the code to the Apartment Association, Ms . Silver said even the Home Builders if buildings looked Association, and Housing presentable, CAP did not and Economic Development think buildings should (HED) . remain vacant. She recommended a time limit be Mr. Boyd said they had put on these buildings, been asked by many property especially with the housing and apartment owners to shortage in the City. forego windows and emergency egress She said they did not requirements . He said Salt want to find sealed windows Lake City had to maintain where there was no egress some minimum level of from a room. safety on those properties . Addi Yo Soy, 1003 Star Councilmember Hardman Crest Drive, said she asked if continuation of wanted stricter housing the hearing until July codes especially on new would create problems for housing under construction inspection people or in the north west area, problems for implementation north of North Temple and of the new housing code. west of the Jordan River. Mr. Boyd said it would Larry Livingston, 165 not because although Salt "A" Street, said he had an Lake City had adopted the appeal in front of the 94 - 57 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 8, 1994 Housing Advisory and Arman Peterson, 158 Appeals Board (HAAB) a North State Street, said he couple of years ago. He owned a home on State said he was disappointed in Street and was in a similar the proposed code because situation as Mr. he felt fundamental issues Livingston. He said most had not been addressed. low cost housing left in He said the issue of the City were small liability seemed to be the basement apartments . He concept driving much of said he thought his home what the Building Division was in fairly good shape, did. He said one of the but was sent a letter penalties in violation was stating he had to do counter-productive. He certain things to his home said he did not feel his by a certain date. He said home was dangerous or a he was not financially able public nuisance. He said to do everything requested he was threatened with because it would take deadlines from the Housing several thousands of people. He said the dollars . He said he Building officials had a would eventually get it document recorded to done. He said his home was declare his property sub- declared unsafe because it standard. He said if he was missing handrails on tried to borrow money to the front steps . He said repair his home, the they were never put on the banker, by title search, 1909 home when it was would see that the City built. said his property was substandard. He said he was in support of some of the Councilmember Reid changes . He said for those asked if he liked the living in an old home which direction the proposed code was being restored, the law was going. Mr. Livingston stated that a licensed said there were things in contractor had to be used. the code which were an He said the only way to improvement, but he said save some of the old homes there were two items which was through sweat-equity. were not improvements . He He asked if the new code said the first was the rise could state that if the and run of steps, and the house was owner-occupied, second was cracks in citizens could continue to driveways . He said the restore it without having question was who should to hire a contractor. bear the liability, the property owner or the City. Bruce Plenk, Utah He said he and most Legal Services attorney for homeowners carried low income tenants, said he liability insurance. supported the new code. He asked the Council to look at the penalty section of 94 - 58 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 8, 1994 the proposed ordinance. He they were not safe enough said it was similar to the for Salt Lake City. penalty section of the Uniform Housing Code. He Councilmember Godfrey said it only provided for requested that citizens criminal prosecution in the write about specific event of an extreme problems and send the violation, which rarely letters to the Council for happened. He said the few review. He said this would property owners that were give the Council time to aware of the violators discuss and review the which knew they would not issues . likely be prosecuted. He (0 94-2) said there was no reason not to incorporate it into #2. RE: Accept the cost of business . He public comment and consider said some type of civil adopting an ordinance penalty would make more amending the Fiscal Year sense. 1993-94 budget and staffing document. Councilmember Godfrey asked him to put it in ACTION: Councilmember writing for the Council . Christensen moved and Councilmember Reid seconded Dave Galvan, 312 South to close the hearing and 1000 East, Salt Lake Board adopt Ordinance 15 of 1994, of Realtors , said he worked which motion carried, all closely with the Home members voted aye. Builders Association and supported the proposed DISCUSSION: Steve code. He said he felt Domino, Airport Authority, anything which would help said the Airport was citizens upgrade their recommending an adjustment homes was important. to the budget of $32,023,000 . He said the Mona Ballard, 2225 change consisted of a East 1700 South, said she $221, 100 adjustment to the had a Substandard Lien put operating budget and a on her house for 7 years $31,801,000 adjustment to because she had a hand the capital budget. He painted sink installed said the Airport Authority which did not have a number had re-negotiated the on the sink . She said it expenses the Airport would cost hundreds of Authority paid for with the thousands of dollars to get Salt Lake City Fire the number which was Department to cover the required per code just to Airport rescue and fire prove the sink was safe. fighting services provided. She said this type of sink was approved for use in the He said the $221, 100, County and in Arizona, but operating budget adjustment . would be payable to Salt 94 - 59 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 8, 1994 Lake City Corporation and to pay for the capital go into the general fund. improvements from revenue He said the moneys would bonds which would be sold cover direct and indirect later this year. overhead and operating costs which the Airport Councilmember Chris- Authority incurred. He tensen said he was on the said regarding the capital Airport Authority Board and budget, a significant was extremely impressed portion would be with what was going on at $27 , 000, 000 in new projects the Airport. He said it to be undertaken. He said was important to realize a few of the projects would that the revenue bonds be for a new Federal which were being proposed Inspection Service facility would be repaid out of which would handle inter- operating revenues from the national traffic at Salt Airport itself, and not Lake City International from general tax funds . Airport . He said this (B 94-2) would be a combined project which would handle Skywest #3. RE: Accept Airlines as well . He public comment and consider said the cost of the adopting ordinances project would be $60, relating to: 000 ,500 and the budget adjustment for the project a. Amending the alone would be $12, 700,000 . Northwest Community Master Plan; Mr. Domino showed a graph of the proposed b. Rezoning property changes at the Airport. He located at approximately said the other significant 1800 West North Temple from capital improvement project residential "R-6" and included a runway incursion Commercial "C-1" to program which would improve Community Shopping Center the visibility of aircraft "CS" ; as they taxi to the concourse. He said this c. Closing all of project was an additional Duder Street (approxi- $5 million. He said mately 150 North Redwood another project amounted to Road) ; $6 million for an Airport rescue and firefighter d. Vacating a portion training facility. He said of the Chas S. Deskey 4th this replaced the old Addition Subdivision, Block petroleum burn pit. He 1, Lots 21-42 and Block 3, said there were Lots 6-21, pursuant to approximately 37 different Petition No. 400-93-122. capital improvement projects totaling close to ACTION: Councilmember $28 million. He said the Reid moved and Airport Authority expected Councilmember Godfrey 94 - 60 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 8, 1994 seconded to adopt Community and Economic Resolution 19 of 1994, Development, said he wanted approving an interlocal to thank Councilmember cooperation agreement Whitehead for all his work between Salt Lake City in getting the project to Corporation, the Redev- this point. elopment Agency of Salt Lake City and Sutherland Janice Jardine, Building Material Shopping Northwest Planner, Planning Centers, Inc. regarding the Division, referred to a development of real site plan map. She said property at approximately the Northwest Community 1800 West North Temple with Master Plan and the a sales tax rebate Northwest Neighborhood inducement, which motion Strategic Plan and draft, carried, all members voted and West Salt Lake Master aye. Plan, had all identified the area as a prime Councilmember Chris- location for a retail tensen moved and Council- shopping center to provide member Hardman seconded to needed services to the close the public hearing, northwest and west Salt which motion carried, all Lake communities . She said members voted aye. the petitioners requested the amendment because the Councilmember Reid existing Northwest Master moved and Councilmember Plan did not go far enough Godfrey seconded to adopt to encompass an area for a Ordinance 10 of 1994, shopping center. She said amending the Northwest 23 acres would be Community Master Plan; consistent with threshold Ordinance 11 of 1994, for a community level rezoning property located shopping center nationally. at approximately 1800 West North Temple from She said regarding residential "R-6" and zoning, the Sutherland Commercial "C-1" to project and rezoning Community Shopping Center request had been identified "CS" ; Ordinance 12 of 1994, as Phase I and development closing all of Duder of an overall shopping Street (approximately 150 center. She said Phase II North Redwood Road) ; and and future rezoning should Ordinance 13 of 1994, take place when tenants had vacating a portion of the been identified, because no Chas S . Deskey 4th Addition specific tenants had been Subdivision, Block 1 , Lots identified at this time. 21-42 and Block 3, Lots 6- 21, which motion carried, Ms . Jardine said all members voted aye. closure of Duder Street and a portion of Gertie Avenue DISCUSSION: Michael was necessary to facilitate Danielson, Director of the Sutherland project. 94 - 61 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 8, 1994 She said a water line which Davis and Sutherlands had ran through Duder Street reached an agreement. would be removed. She said a new connection would be Ms . Jardine said Ms . run from Redwood Road down Velma Williams lived on the Gertie Avenue to connect corner of Gertie Avenue and the residents on Harold Harold Street. She said Street. She said Mr. her concern was the impact Davis ' property would be of noise and losing the connected to Newstar Drive. privacy in her back yard. She said the Community She said Sutherland's had Councils, surrounding agreed to work with Ms . neighbors and Jordan Williams to provide her Meadows Community Council with the privacy she had had been briefed on the requested. project twice. She said the project had also been Ms . Jardine said the presented to the West project was approximately 8 Pointe Community Council. acres and consisted of a She said both Community 100,000 square foot retail Councils were in support of building, a 25,000 square the project . foot garden center, and a 48, 000 square foot outdoor She said after mailing building materials storage notices to surrounding area. She said on the property owners, staff had north end of the building received comments from the there would be 400 parking Sky Harbor Apartments and stalls . She said there was the Council had received a a pad site proposed for the letter from the Sky Harbor northeast corner facing management. She said in North Temple. She said the the conditional use outdoor building materials approval with the Planning storage area would be Commission specific issues screened with a 12-foot were addressed. She said high, two sided, roofed delivery hours were structure surrounding the established for Sutherlands perimeter of the storage along with additional area. She said the garden landscaping along the west center area would be side of the boundary enclosed with wrought iron between the Sky Harbor and brick. She said there Apartments and Sutherlands . were landscape buffer yards She said Sutherlands had provided around the indicated they would be perimeter of the project willing to put a gate in as area. She said the requested. She said a 10 building materials foot high wall would consisted of concrete pre- require a variance through stressed panels . She said the Board of Adjustment and panels would have would require a justifiable additional texture and hardship. She said Mr. scoring to provide additional architectural 94 - 62 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 8, 1994 relief . She said the site and noise impacts colors would be light gray expressed by the Sky Harbor with blue and red accent Apartments . She said a 10- and red signage. foot landscape buffer would be provided along the north She said the proposed boundary of the building project had frontage on materials storage area, North Temple and access abutting the residential from Gertie Avenue to properties . She said Redwood Road. She said Sutherland' s had met with they were both major residents and would be arterials and could incorporating the 10-foot adequately handle buffer into their rear anticipated traffic. She yards . She said said the City Engineering Sutherlands had agreed to Division required an move their fence lines asphalt overlay on Gertie back, butting up against Avenue and an agreement their storage building to with Sutherland's to prevent access by people provide maintenance of who should not be there. Gertie until such time as future development took She said the property place. She said Gertie owner at the end of Newstar Avenue would be realigned Drive requested a wall to the north to provide instead of incorporating access in addition to the property. She said public services to Mr. there would be a 10-foot Davis and the property landscape buffer between owners on Harold Street. residential properties and She said the internal the new alignment of Gertie circulation system parking Avenue, along Mr. Davis and layout and Gertie Avenue Ms . Williams' property. realignment had been She said there would be a approved by City Engineers 15-foot landscape setback and Transportation provided along the south Division. She said utility side of Gertie Avenue and services had been North Temple. She said the coordinated with Public operating hours would be Utilities and had been limited to 7 : 00 a.m. to determined to be adequate 10 :00 p.m. and delivery for the development. She hours from 7 : 00 a.m. to said they would be 6:00 p.m. She said relocating the waterline Sutherland had also agreed for the residence on Harold there would not be a public Street and Mr. Davis . address system used on the site. Ms . Jardine said a 10- foot landscape buffer would Ms . Jardine said there be provided on the west would be one house side of the boundary with demolished. She said the additional vertical house was an adobe house on landscaping to mitigate the slab and it could not be 94 - 63 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 8, 1994 saved. She said a.m. to 6 : 00 p.m. ; c) no Sutherlands contacted some outside public address of the non-profit system; and d) that the organizations to see if Planning Director would be they would be interested in authorized to grant final it. She said Sutherlands building, materials, had agreed to donate $2,000 architectural and to the housing trust fund landscaping approval and for mitigation of the home. preliminary approval to the Sutherland commercial She said staff and subdivision. Planning Commission had determined that the Ms . Jardine said Jim proposed home improvement McRae, Planning center provided adequate Commissioner, was concerned landscaping and buffering about heart patients which to the neighborhood. She lived in the Sky Harbor said there would be Apartments . She said adequate day time delivery everyone concerned was hours , street improvements exploring alternatives to to Gertie Avenue and try and provide some commercial development on assistance to the tenants what was now a vacant, who were concerned about unsightly, property with a truck fumes and dust. She single story building said she thought a designed to be compatible discussion had been held on with the community shopping installing a filter system center. She said two in the units . billboards would be removed. Councilmember Chris- tensen asked if there were She said the any height restrictions . recommendation from the Planning Commission to the Ms . Jardine said there City Council was to approve were established trees on the petitioners request to the west side and she amend the master plan, to thought Sutherlands would rezone property, to close plant fairly substantially streets and to vacate a sized trees . portion of a subdivision. She said pending approval Mr. Danielson said of the actions of the City Sutherland Building had 91 Council, the Planning stores in 15 states and Commission granted planned were the ninth largest home development conditional use improvement sales stores in approval to the home the United States . He said improvement center with the the sales tax remittitur following conditions: a) was $670, 000 to be paid that the operating hours be over a maximum of 20 years established from 7 :00 a.m. and would be funded from to 10 :00 p.m. ; b) delivery revenue generated by the hours be limited to 7 : 00 store. He said the 94 - 64 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 8, 1994 $670 , 000 was determined as included putting in a water follows : $370, 000 land main under Gertie Street right down, $225,000 to and connecting the house at upgrade the type of 176 North Duder Street to buildings being built and New Star Drive. to conform to the new zoning classifications, and He said development $75, 000 to construct would go through the normal perimeter buildings in the City department review lumber storage yard to process, but the conform to the new zoning Transportation Division had classifications . He said determined that a traffic the net present interest impact study was not rate would be 7 . 5% . He required, so it had been said Sutherlands would not deleted from the previous receive a rebate on the agreement. He said the sales shown on Exhibit "C" . Redevelopment Agency (RDA) He said the department had would review and approve a letter from the the development plans in Neighborhood Housing addition to the Planning Services indicating the Commission review and house was adobe and could approval. He said the RDA not be moved. He said would administer the sales Sutherlands had agreed to tax remittitur portion of pay $2, 000 toward the the agreement and receive housing trust fund for their standard 1% fee of mitigation. the amount paid to Sutherland for the service. Mr. Danielson said the City would vacate Duder Street and a portion of Duane Rasmussen, 2157 Gertie Street valued at South Highland Drive, $42, 500 . He said Petitioner, said he had Sutherlands would dedicate also received a letter from as a part of the the Sky Harbor Apartment subdivision plat, a new Management and would be portion of Gertie Street. working with them on their He said Sutherlands would concerns . also make additional on and off site improvements David Jenkins, of equal value or make a Engineering Manager of the cash payment to the City Sear-Brown Group, said he for the streets . wanted to address landscape on the west property line. He said Sutherland He said the building would would make numerous off- be 60 feet from the west site improvements to the property line and there was City' s water system to a proposed 10-foot replace the portion of the landscaping along the new City' s water system removed property line. He said as part of the street there was an existing vacation. He said this decorative masonry fence 94 - 65 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 8, 1994 with a cap which was 6-feet person holding out could high and existed along the stop the whole thing. line on the other side. He said concerning Sky He asked the Council Harbor' s property, there to look at the facts and was a 5-foot landscape approve the proposed buffer which also had ordinances which were existing trees necessary for the west side approximately 30 feet on and Salt Lake City. center, and approximately 20-25 feet tall . He said Norman Dean, 1090 there was a 25-foot Taffeta Drive, was in driveway, additional support of Sutherland' s landscaping, and then the coming into the area, but start of the apartment. He was concerned about some said there was considerable environmental issues . He distance between the actual said since the Salt Lake living space and the City Sewer Plant was in the building. area, and sensitive to any chemicals which might be Mr. Jenkins said they discharged into the area, had proposed to put some he was concerned that large 2-1/2 inch to 3 inch Sutherland would be caliper trees every 30 feet dispensing chemicals from which would alternate every bulk. He said he was 15 feet from the existing concerned about a spill trees on the opposite side which might happen and if of the fence. Sutherlands would be doing any incineration. Ron Whitehead, former City Councilmember in A representative from District 1 , said he had Sutherland Lumber said been working on this there was no dispensing project for a long time. from bulk. He said what He said in Phase II the the company bought, they City would be looking for a sold already packaged, and budget type department there would be no store. He said the incinerator. Planning Commission had two groups which opposed the Velma Williams, 167 project. He said one was Harold Street, said the the Sky Harbor Apartment report from Ms . Jardine Management, and the other said a fence would be put were people who felt the on the west side of her housing mitigation issue property. She said she should be resolved. He wanted to request an 8-foot said these people thought cement or brick wall on the the whole master plan for west side of her property. the area should be She said she needed completed. He said Phase protection and privacy from II could only happen if the Sutherland side, but Phase I began. He said one 94 - 66 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 8, 1994 she was happy to have John Edwards, Sky Sutherland move in. Harbor Apartments, said one of his main concerns was Ron Clark, 184 Harold trucks parking along Street, said there was a Sutherlands property while fire hydrant at the end of they were waiting for Gertie Street and Duder deliveries in the back. He Street. He asked if the said if the trucks sat hydrant would be moved down there very long, diesel so residents there would fumes would drift toward have protection. residents . He said his concern was on Monday when Duane Rasmussen said there would be a lot of the existing fire hydrant trucks at Sutherlands for would be moved into the deliveries . He asked if landscape site in front of they would post a sign Sutherlands and a new water which would say "turn off line would come off Redwood your engines" . Road and tie into the existing waterline on The following indivi- Harold Street. He said a duals were in support of fire hydrant had not been the issue, but did not wish discussed. to speak: Peggy Andresen, 659 North 900 West; Willard Julie Brauchie, 1876 Andresen, 659 North 900 West North Temple, Property West; Avelino Bacca, 1209 Manager at the Sky Harbor Carousel Street; Shirley Apartments, said she was Bacca, 1209 Carousel not opposed to Sutherland Street; Josephine Cackett, Lumber building their 1436 Sunset Drive; Bonnie store, but she needed to Dean, 1090 Taffeta Drive; provide quality apartments Lavon Hunt, 1061 Rambler for the existing 540 units Drive; JoAnne Leany, 619 housing 1500 residents . North 900 West; Pearl Nelson, 1048 Signora Drive; She asked if the Verda Parker, 963 Signora Sutherland representative Drive; Clela Past, 964 could address the entry Autumn; Delores Shaw, 615 gate which would be locked North 900 West; and James until 7 :00 a .m. and again Shaw, 615 North 900 West. at 6 : 00 p.m. to control delivery. She said she was Councilmember Reid also concerned about said he wanted to invite diesels parking on Redwood other developers to visit Road. She said she had the community and decide if been assured the diesels they could benefit from would park on the east side building in the area. of Sutherlands . She asked (P 94-20) how this would be monitored. 4. RE: Accept public comment and consider adopting an ordinance 94 - 67 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 8, 1994 amending the Jardine Park easement there, but an Subdivision Plat at arrangement could be made approximately 1100 East and with the property owners. Elgin Avenue (3010 South). He said the Planning ACTION: Councilmember Commission reviewed the Christensen moved and amendment on January 6, Councilmember Godfrey 1994 and recommended the seconded to close the Council approve the public hearing, which amendment. motion carried, all members voted aye. Bob Ersking, Petitioner, said his Councilmember Chris- neighbors were in favor of tensen moved and the amendment because the Councilmember Godfrey lot on the north side was a seconded to adopt Ordinance vacant field. He said in 14 of 1994, which motion order to develop the lot, carried, all members voted Elgin Avenue would have to aye. run straight. He said if the lots were developed, DISCUSSION: Bill the two weed fields would Wright, Planning Division be gone, and there would be Director, said the plat additional housing. He amendment had been said both lots would be requested by Robert large and would house two Ersking. He said the duplexes which would blend subdivision was located at in with the neighborhood. approximately 1100 East Elgin Avenue and the Tom Judd, 2988 South realignment would create 1100 East, said his home two lots. He said the same should never have been request was heard by the allowed to be built. He Planning Commission back in said the home was built 1985, but no action was under proper zoning and taken to record a new plat building permits, but there at that time. had always been a severe flooding problem. He said Mr. Wright said in the home flooded every time approving the plat, there there was more than just a would be a requirement for slight downpour. He said a perpetual easement to be 1100 East sloped north to established on the plat for approximately the center of a flag lot located to the his property, then rose south and east of the again. He said there was a property. He said low spot directly adjacent currently the property was to his driveway. He said located about 300 to 400 it was not uncommon for him feet to the east and to have 8-inches of water accessed the property flowing from City streets through 1100 East. He said into his property. He said there was not a dedicated he was in favor of doing 94 - 68 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 8, 1994 the proposed work, but requested that the grade of 1100 East be realigned. He said he had contacted the City about the flooding for the last two years, but nothing had been done because it was only one home affected. Councilmember Chris- tensen asked Mr. Wright if his staff had addressed the issue. Mr. Wright said he was not aware of it. He said Mr. Judd may have been working with the Public Utilities Department. He said to regrade all of 1100 East from Elgin to Mr. Judd's property would have to be reviewed with the Public Utilities Department and Engineering Division. He said there may be another solution to the problem. He said they may be able to put in a storm drain box and line. Councilmember Chris- tensen asked Mr. Wright to follow up on the issue. (P 94-29) The meeting adjourned at 8:20 p.m. Council Chair Ja: x j 7 Ci Recorder 94 - 69