PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH

TUESDAY, AUGUST 23, 2011

11 - 1

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 members 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

PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH

TUESDAY, AUGUST 23, 2011

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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

PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH

TUESDAY, AUGUST 23, 2011

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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

PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH

TUESDAY, AUGUST 23, 2011

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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

PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH

TUESDAY, AUGUST 23, 2011

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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

PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH

TUESDAY, AUGUST 23, 2011

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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.

PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH

TUESDAY, AUGUST 23, 2011

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______________________________

Council Chair

______________________________

City Recorder

This document along with the digital recording constitute the

official minutes of the City Council Regular Session meeting held

August 23, 2011.

bj