Tim Vandenack, Standard-Examiner

RIVERDALE — The future of the site of the shuttered Coleman’s Motor-Vu drive-in movie theater in Riverdale is generating sparks and talk of legal action.

News last year that the drive-in would be closed to make way for a housing development prompted a surge of sentimentality among aficionados of the outdoor theater, which opened in 1947. Now, with some city officials vehemently opposed to a proposed exit point from the proposed 68-home development at the 20-acre ex-Motor-Vu site, a potential court fight is brewing.

Jeff Walker, the lawyer for the Sandy-based developer Goldcrest Homes said he filed a notice with city officials on Wednesday, warning them Goldcrest may sue over the city’s refusal to act on a pair of measures outlining its plans. Goldcrest needs approval of the plans before its Coleman Vu Estates project can move forward and Walker, speaking to the Standard-Examiner on Thursday, maintains that they meet all applicable state and city requirements.

“This is a long, painful process for us in Riverdale, moreso than we have experienced almost anywhere else in this state,” Walker said.

He further maintains that the city’s stance on the issue figures in talk by state lawmakers to take over certain municipal responsibilities. “This is the reason the state legislature has explored taking more and more power away from city councils regarding development work because sometimes it becomes so personal it doesn’t leave room for the rule of law,” Walker said.

Image supplied, City of Riverdale

The notice of claim filed Wednesday with Riverdale Mayor Braden Mitchell, members of the Riverdale City Council, Riverdale City Administrator Steve Brooks and others is required 60 days before a governmental entity like the City of Riverdale may be sued. Walker hopes it spurs efforts to resolve the two sides’ differences without going to court.

Community Development Director Mike Eggett referred comment to Brooks, who wasn’t in the office on Thursday. Mitchell declined comment, citing filing of the notice of claim.

Even without talk of a lawsuit, Goldcrest’s efforts with Riverdale to get the approvals it needs for the Motor-Vu project have been marked by acrimony, judging by discussion on the matter at a July 5 Riverdale City Council meeting. Goldcrest is proposing a 68-home development on the ex-Motor-Vu property — which still contains several outdoor movie screens — with entry and exit points onto 1050 West and South Weber Drive.

One of the key sticking points is the 1050 West entry and exit point, south of 5150 South. Councilperson Alan Arnold, for one, said he would never support the plans as presented, worried about possible traffic congestion, especially with the Utah Military Academy located just north of the development along 1050 West.

“I’ll tell you, I have a problem with builders because they come in, they build, they leave and then we’re stuck with it. Then people will come to the council and they’ll say, ‘Why in the world did you let this happen?'” he said. “I won’t support this for my community… That egress is going to cause problems for the world.”

Tim Vandenack, Standard-Examiner

Councilperson Bart Stevens suggested aligning the exit onto 1050 West with 5150 South just to the north, on the southern periphery of the UMA campus. That’s right where the parking lot for the school is located, and he suggested that Goldcrest could swap land with the charter school to make space for the corridor.

Goldcrest Acquisitions Manager Adam Anderson indicated at the July 5 meeting that location of the entry and exit point along 1050 West, a state-maintained road, isn’t in Goldcrest’s hands. The Utah Department of Transportation, he said, picked the location. “That’s a UDOT road. That’s where they said the want access. I can’t tell UDOT where to put a road,” he said.

At the meeting, Walker warned that legal action could be forthcoming, and in his interview with the Standard-Examiner, he reiterated that selection of the entry and exit point along 1050 West was a UDOT determination. As the dispute simmers, Riverdale officials have tabled action on the two measures that need approval before the development plans can proceed.

Walker questions whether the potential traffic issues would be as bad as Arnold fears if the 1050 West egress point is at the more southerly spot. Moreover, he said aligning the entry onto the road with 5150 South wouldn’t be feasible because Goldcrest would have to acquire a large chunk of the Utah Military Academy parking lot to do so. The school is looking to expand its parking space, not scale it back.

Goldcrest would also need to relocate two or three large transmission towers if it were to exit onto 1050 West further north, Walker added, potentially incurring “millions of dollars” in costs.

Tim Vandenack, Standard-Examiner

“They are not treating us fairly,” Walker said. “I’ve done this for a long time and this one is such a clear, single shot showing misuse of city authority.”

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