The City Council, in a classic act of compromise, has averted its first lawsuit over zoning and agreed with provisions to allow construction of a research park near Hercules Aerospace to proceed.

The council, in a 5-1 vote, decided to reverse its earlier decision and allow Bettilyon Joint Venture to proceed with its planned development of a research-industrial park just outside the Hercules overpressure zone."I think the council finally had the opportunity to really look at the issue," said City Manager John Newman.

"It appeared to me that some of them had probably made another visit to the site. I think they did not have a feeling as to some of the uses that were going around the site. And from the comments they made, it appeared they recognized that maybe this guy had a vested interest."

Hercules threatened to leave Utah if housing developments continued to creep closer to the aerospace and defense contractor's plant. West Valley annexed the property in 1987.

The Bettilyon parcel is just outside the overpressure zone in an area that is zoned for manufacturing. Industrial and research parks are permitted uses in manufacturing zones, and a simple paper change is required to allow construction to proceed.

"Basically, we have agreed to contract with the city that even though we have the manufacturing zone, we will not put in noxious types of developments. But we will put in an industrial park development," John Langley, Bettilyon president, said Friday.

"In return, they are going to contract with us that we have vested rights as owner of the property. And because of this, we don't think this will rear itshead any time in the future."

The land, between 58th and 60th West and 41st to 4220 South, is surrounded by Beehive Clothing Mills, the Utah Power & Light Co. corridor and Hillside Elementary School.

Councilwoman Janice Fisher opposed the development, saying the potential uses of land that is zoned for manufacturing are inconsistent with the residential area. She was the lone council member to vote against the compromise during the council's Thursday night meeting.

"I would have been surprised to any way it would have come out," said Newman. "I went in with bated breath waiting for their decision on that one. I am so so pleased with the way it came out. Everybody's happy."

Smokestacks and unscreened garbage are not part of the plan for the industrial park similar to one at Decker Lake. "We're not going to create environmentalproblems, neither physical or aesthetic," said Langley.