The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, August 23, 2011 at 7:00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State.
The following Council Members were present:
Carlton Christensen Van Turner Stan Penfold
Jill Remington Love Luke Garrott Soren Simonsen
J T Martin
Cindy Gust-Jenson, Executive Council Director; Lynn Pace, Deputy City Attorney; Mayor Ralph Becker; David Everitt, Mayor’s Chief of Staff; and Beverly Jones, Deputy City Recorder; were present.
Councilmember Love presided at and Councilmember Penfold conducted the meeting.
OPENING CEREMONY
#1. 7:12:04 PM The Council led the Pledge of Allegiance.
#2. 7:12:35 PM Councilmember Turner moved and Councilmember Simonsen seconded to approve the Salt Lake City Council minutes for August 9, 2011, which motion carried, all members voted aye. View Attachment
(M 11-3)
PUBLIC HEARINGS
#1. RE: 7:15:03 PM Accept public comment and consider adopting an ordinance closing and vacating an alley as a public right-of-way adjacent to property located at 1575 South State Street pursuant to Petition No. PLNSUB2011-00004. (Salt Lake Community College is requesting the vacation of a north to south alley to allow for the integration of the alley into the existing South City Campus parking lot located at approximately 123 East 1700 South). View Attachments
Councilmember Love moved and Councilmember Turner seconded to close the public hearing, which motion carried, all member voted aye.
Councilmember Love moved and Councilmember Turner seconded to adopt Ordinance 52 of 2011, which motion carried, all members voted aye.
(P 11-6)
#2. RE: 7:16:12 PM Accept public comment and consider adopting an ordinance to rezone property located between 519 and 575 North 300 West from Residential Mixed Use (R-MU) to Commercial Business (CB) pursuant to Petition No. PLNPCM2011-000096. This action would allow office uses and a coffee shop with a drive-thru window to be located in the existing building. These uses are not permitted in the Residential Mixed Use zoning district. (Petitioner – Howa Capital, LLC) View Attachments
J.R. Howa, representing Howa Capital, said the drive thru as well as inside seating would be open during the same hours.
The following submitted hearing cards but did not wish to speak: Sasha Bordell, Brian Pugh and Theresa Manney.
Councilmember Garrott moved and Councilmember Simonsen seconded to close the public hearing and refer action to a future Council meeting date.
Councilmember Christensen asked why they needed to defer this item. Councilmember Garrott said the petition changed the zoning so the owner could put in a drive-thru coffee shop. He said the Council had struggled about whether they were meeting sustainability and walkability goals because many drive-thru stayed open longer than the lobbies of restaurants. He said when a person could not walk up to a window for service that was biased towards people in cars.
Councilmember Christensen made a substitute motion.
Councilmember Christensen moved and Councilmember Turner seconded to adopt Ordinance 53 of 2011 rezoning property located between 519 and 574 North 300 West from Residential Mixed Use (R-MU) to Commercial Business (CB) with the condition that the business may not exclude bicycle, wheelchair and pedestrian customers from service during business hours at the drive-thru window. As an alternative the property owner may provide service through other means; for example, walk up windows or lobby services to be open during the same business hours as the drive-thru window and further move that the Council direct Council staff to prepare an ordinance establishing this as a requirement in all zones where drive-thru windows are allowed, which motion carried, all members voted aye.
(P 11-9)
#3. RE: 7:23:05 PM Accept public comment and consider adopting an ordinance closing a portion of Edmonds Place as a public street at approximately 346 to 362 North (640 West) pursuant to Petition No. PLNPCM2009-00591. The applicant’s plan for the proposed street right-of-way is to use it as additional yard space that is currently being used as a drive approach for 362 Edmonds Place. View Attachments
Councilmember Garrott moved and Councilmember Turner seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Christensen moved and Councilmember Turner seconded to defer a decision until the next Council meeting, which motion carried, all members voted aye.
(P 11-7)
#4. RE: 7:24:40 PM Accept public comment regarding an ordinance to rezone property located at 2705 East Parley’s Way from Community Business (CB) to Community Shopping (CS) and change the East Bench Community Master Plan Future Land Use Map to be consistent with the proposed rezoning pursuant to Petition Nos. PLNPCM2010-00556 and PLNPCM2010-00557. This action would facilitate demolition of the existing structure on the property (a former Kmart store) and construction of a new Walmart Supercenter. (Related provisions of Title 21A, Zoning, may also be amended as part of this petition. Petitioner – Ballard Spahr LLP representing Walmart Store, Inc.) View Attachments
The following spoke in opposition of the rezoning: Scott Kisling, Suzanne Stensaas; Richard Kanner, MD; Cecilia Uriburu; Jaelene V. Myrup; Jan Brittain; Judi Short; Bruce Duncan; Heidi Geuder; Bob Neville; A. Rosalie Neville; Philip Carlson; Sarah Carlson; Linda Frost; Carol Anderson; Douglas Stewart, Jr.; Leslie Stewart; Charles Yeates; Terilyn Hansen Baucom; Charlene Durham; Travis Pearce, Kathy Adams; Jeff Holbrook; Ken Bullock; Robin Bastar; Lori Koerner; Monica Strong; Rawlins Young; Kenner Kingston; George Freach; Andrea Barrows; Chad Whittaker; David Whittaker; Tyler Christenson; Donald Lewon; Jill Burke; Camron Carpenter; Katherine Gardner; S. Robert Bereskin; Diane Creamer; Julie Mulcock; Heather Barth; Jerry Bergosh; Tessa Karrington; Kerry Simon; Jan Haug; Maureen Matheson; Kelsey Strong; Brooke Karrington; Bret Jordan; Don Gren; Peter Barth and Mary Mabey.
The following submitted cards in opposition of the rezone: Isabel Frech-Lopez; Pat Noall; David Noall; Jean Stringham; Valerie Nagasawa; Curt Workman; Louis Barrows; Thomas Mark Thibadean; Susan Bollinger; David and Andrea Moesser; Holli Young-Lords; Cherry Ridges; Jon Dewey; Destiny Karrington; Jay Aldous; Susan Aldous; Sarah Nelson; Lori Maness; Martha D. Shaub; Louisa Boswell; Marci Stone; Gregory Smith; Cheryl Yeates; Suzanne Mellor; Larry Steven Killpack; Stephanie Killpack; Michael Killpack; Robert Murdoch; Dennis Mansfield; Brian Todd Christensen; Camille Christensen; James Ludloss; Thomas Lindgren; Brent Mabey; Katie Barth; Kaye Terry; Robert Terry; Talmage Barth; Karen Curtin; Aimee Evans; Heather Seals; Jodi Benson; Anne R. Kaelberer; R.F. Kaelberer; Tyler Dansrud; Mark McGowan; Ellen Reddick; Beth C. Lords; Susanne Wagner; Joan Kent Fife; Jason Cone; Chris Rodgers; Kathleen Kingston; Robert and Diana Wray; Tim Hatch; Wayne Lammle; Ariel Mumma; Joanne Anderson; Kent Anderson; Verabel Cluff; Christine Zabawa; Kim Colby; John Butler; Joao Martins; Bill Wegesser and Val E. Ludlow.
The following spoke in favor of the rezoning: Clark Wood; Grace Sperry; Bill Bleak; Kevin Jones; Amy Carmen; Elaine Brown; Nancy Lou Day; Carleen Wallace; Fred Fairclough, Jr.; Mike Jensen; Kirk Millson; Katrina Stevenson; Chelsie Danielson; Shirlee Jean Coltrain; Estella Brianne Rowley; Jonathan Williams; Jim Webster; Darla Thomas; Kairistiona Lee; Hooper Knowlton; Florencio Lozoya; Michael Oakford; Garrett A. Danielson; Coleen Salinas; Iqbal Sial and Christina Coronado, Petitioner for Walmart.
The following submitted cards in favor of the rezone: William H. Day; James Duke; Jared Murillo; John R. Snow; Michael Hansen; Virgia Shearer; Donald Shearer; Keri Serjeant; Tara Nelson; Justin Matheson; Keleigh Matheson; Steve Foxley; Meisha Jensen; Venice Jensen; Laraib Sial; Yasmina Kloosterboer; Michael Russell; James D. Brown; Douglas MacLean; Maurine S. MacLean; Frank Romano; Edna Romano; Elizabeth Foxley; Ann M. Foxley; Randall Young; Barbara Parr; Diego Mogvovejo; Enrico Y. Rivera Arenas; Zeryab Sial and Afras Sial.
The following submitted hearing cards: Zubaria Sial; Kirsti Reed; Ashley Hanson; Jonathan Dickson; Gavin Harris; Irwin Thompson; Darlene Hunter; Craig Hunter; Liz Diaz; Darla Thomas; Gloria Garwood; Julie Jacoby; B. Jerry Jacoby and Wajahat Sial.
Councilmember Christensen moved and Councilmember Love seconded to close the public hearing, which motion carried, all members voted aye.
9:52:38 PM Councilmember Love said she wanted to request that Council staff provide some information to the Council before they vote on the petition. She said this issue could be scheduled in the next couple of weeks for a vote.
Councilmember Love moved and Councilmember Simonsen seconded to refer a vote to a future meeting and have Council staff provide the following information to the Council in a Work Session: a) review the public comments that have been received and categorize major issue; b) identify what the Council can legally consider for the rezone and master plan amendment; c) clarify what can be done under the current zoning as opposed to what could be done under the requested zoning; d) was there a limit that Walmart could spend in remodeling under the existing building ordinance and under the existing zoning; e) if meeting the seismic code could allow for additional remodel dollars under the existing zoning ordinance; f) if a gas station would be allowed in the existing zone or with a rezone; and g) was the zoning changed before or after Walmart purchased the property;.
9:54:44 PM Councilmember Simonsen spoke to the motion.
10:03:48 PM Councilmember Garrott spoke to the motion.
10:04:27 PM Councilmember Love spoke to the motion.
Councilmember Penfold called for the question with a roll call vote, which motion carried, Council Members Christensen, Turner, Garrott, Love, Martin, Simonsen and Penfold voted aye.
(P 11-8)
QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL 10:07:04 PM
Councilmember Turner thanked Mayor Becker for supporting the events at Jordan Park and for his support of the Peace Gardens.
Councilmember Christensen said as he walked up Main Street the construction barricades had been retracted surrounding Blocks 74 and 75. He said it would be nice to have music on Friday nights on Main Street.
Councilmember Penfold said the people in his district appreciated that North Temple was now open. He said it was ahead of schedule and under budget. Mayor Becker said North Temple was still under construction but businesses wanted people to shop on North Temple.
COMMENTS TO THE CITY COUNCIL 10:10:42 PM
John Allen Shaw spoke about not backing any public financed development such as the hotel and convention center. Sarah Carlson urged the Council and the Mayor to continue to look for solutions with UTA to serve other areas of the City. Kerry Simon submitted a card in favor of the Twilight Concert Series, the Farmer’s Market and movies at the State Capitol.
CONSENT AGENDA 10:15:59 PM
Councilmember Garrott moved and Councilmember Simonsen seconded to adopt the Consent Agenda, which motion carried, all members voted aye.
#1. RE: Setting the date of Tuesday, September 6, 2011 at 7:00 p.m. to accept public comment and consider adopting an ordinance amending the City’s zoning regulations for wireless telecommunications antennas, facilities and equipment pursuant to Petition No. PLNPCM2010-0045. Changes include – encourage co-location, clarify screening requirements, include stealth antennas as permitted use and provide a definition, clarify electrical equipment location, refine area limits for wall/roof mounted antennas, remove conditional use requirement for certain antennas, eliminate performance bond requirement for abandoned facilities and remove utility pole height restriction. Related provision of Title 21A, Zoning, may also be amended as part of this petition. (Petitioner Mayor Ralph Becker).
(O 11-18)
#2. RE: Setting the date of Tuesday, September 6, 2011 at 7:00 p.m. to accept public comment and consider adopting an ordinance amending Salt Lake City Ordinance 50 of 2011 that adopted the final budget of Salt Lake City, Utah for the Fiscal Year beginning July 1, 2011 and ending June 30, 2012. (Budget Amendment No. 1) View Attachments
(B 11-7)
#3. RE: Adopting Resolution 30 of 2011 appointing poll workers for the 2011 Salt Lake City Municipal Election. View Attachments
(U 09-1)
#4. RE: Approving the appointment of Stephanie Jensen to the Housing Trust Fund Advisory Board for a term extending through December 30, 2012.
(I 11-5)
#5. RE: Approving the appointment of Casey O’Brien McDonough to the Business Advisory Board for a term extending through December 29, 2014.
(I 11-13)
#6. RE: Approving the reappointment of Arla Funk to the Historic Landmark Commission for a term extending through July 14, 2014.
(I 11-8)
#7. RE: Approving the reappointments of Margaret Yee, Karen Wiley, Anne Erickson and Estuko Freeman to the Sister Cities Board for terms extending through July 1, 2014.
(I 11-18)
The meeting adjourned at 10:16 p.m.
This document along with the digital recording constitute the official minutes of the City Council Regular Session meeting held August 23, 2011.
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