10/11/2005 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, OCTOBER 11 , 2005
Noon and evenings
The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, October 11,
2005 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 Jill Remington Love
Eric Jergensen Dave Buhler Nancy Saxton
Dale Lambert
Cindy Gust-Jenson, Executive Council Director; Rocky Fluhart, Mayor's Chief
Administrative Officer; Edwin Rutan, City Attorney; and Beverly Jones, Deputy City
Recorder, were present.
Councilmember Lambert presided at and conducted the meeting.
#1. The Council led the Pledge of Allegiance
PUBLIC HEARING
#1. RE: Accept public comment and consider adopting an ordinance amending Table
21A.26.080 of the Salt Lake City Code pertaining to permitted and conditional uses for
Commercial Districts pursuant to Petition No. 400-04-29. (Department store locations)
View Attachment
Jack Plumb spoke in support of the zoning change.
Councilmember Christensen said the proposed area was the Smith' s Block in the
Avenues. He asked if there were any smaller properties on the block. Joel Paterson,
Senior Planner, Preservation and Urban Design, said the entire block was one parcel of
property.
Councilmember Jergensen said the proposed change from Community Shopping (CS) to
Community Business (CB) would not affect the smaller businesses around the area. Mr.
Paterson said the Smith' s block was currently zoned CS. He said under the proposed text
amendments the CS zone allowed certain mass merchandising department stores such as
WalMart and K Mart.
Mr. Paterson said with residential surrounding the entire block and with the street
configuration, the Planning Commission had recommended the property be zoned CB because
it would not allow those types of department stores. He said all uses currently located
on the block would be allowed to continue as permitted uses.
Councilmember Lambert said the current K Mart property on Parley's Way had been
acquired by WalMart. He asked what affect the proposed ordinance would have on that
property. Mr. Paterson said currently that K Mart was zoned CB which did not allow mass
merchandising stores. He said K Mart and WalMart under this proposal would be allowed
in CS zones and above. He said if the proposed ordinance was adopted, the K Mart store
would become a legal nonconforming use and would be allowed to continue at that location.
He said the building could not be demolished and rebuilt.
Councilmember Love moved and Councilmember Jergensen seconded to continue the public
hearing until November 1, 2005 at 7:00 p.m. , which motion carried, all members voted aye.
(P 05-18)
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, OCTOBER 11 , 2005
COMMENTS TO THE CITY COUNCIL
Barbara Toomer, Ken Wulle, Jerry Costley and Cathy Garber spoke in support of
handicapped accessible taxicabs.
UNFINISHED BUSINESS
#1. RE: Setting the protest hearing date of November 15, 2005 at 7:00 p.m. to accept
protests and consider adopting a resolution declaring the intention of the City Council
of Salt Lake City, Utah, to construct improvements within the City consisting of the
installation of concrete sidewalks, driveway aprons, curb, gutter and asphalt tie-ins,
appurtenances and all other miscellaneous work necessary to complete the improvements in
a proper workmanlike manner; to create the Salt Lake City, Utah Sidewalk Replacement
Special Improvement District 2004-2005 Fiscal Year, Job No. 102119 (the "District") ; to
pay the acquisition and installation costs and expenses by special assessments to be
levied against the property benefited by such improvements; to provide notice of intention
to authorize such improvements and to fix a time and place for protests against such
improvements, assessments or the creation of the District; to declare its official intent
to reimburse itself for expenditures paid by it prior to the sale of bonds; and to
authorize advertisement of construction bids and related matters. (Boundaries include:
1500 East to 1900 East and Sunnyside Avenue to 1300 South) . View Attachment
Councilmember Buhler moved and Councilmember Turner seconded to adopt Resolution 59 of
2005 and set a protest hearing date of November 15, 2005 at 7:00 p.m. to accept protests,
which motion carried, all members voted aye.
(Q 05-9)
#2. RE: Accepting the official canvass of the October 4, 2005 Salt Lake City Primary
Election.
Councilmember Saxton moved and Councilmember Christensen seconded to recess as City
Council and reconvene with the Mayor as the Board of Canvassers, which motion carried,
all members voted aye.
Councilmember Buhler moved and Councilmember Jergensen seconded to accept the
official canvass of the October 4, 2005 Salt Lake City Primary Election as contained on
the sheets provided by the City Recorder, which motion carried, all members voted aye.
Councilmember Saxton moved and Councilmember Turner seconded to adjourn as the
Board of Canvassers and reconvene as the City Council, which motion carried, all members
voted aye.
(U 05-1)
CONSENT AGENDA
Councilmember Turner moved and Councilmember Christensen seconded to approve the
Consent Agenda, which motion carried, all members voted aye.
#1. RE: Requesting that the Administration not hold a hearing at 6:00 p.m. on October
18, 2005 regarding a lease agreement for temporary use of sections of the former library
building located at 209 East 500 South for an art exhibit. Compensation will be tendered.
View Attachment
(W 05-4)
#2. RE: Setting the date of November 1, 2005 at 7:00 p.m. to accept public comment and
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, OCTOBER 11 , 2005
consider adopting an ordinance amending the Salt Lake City Code regarding regulations
for parking lots in the Downtown (D1) Zoning District pursuant to Petition No. 400-03-
30.
(0 05-21)
#3. RE: Setting the date of November 15, 2005 at 7:00 p.m. to accept public comment
and consider adopting an ordinance closing and abandoning a portion of Navajo Street
(1335 West) at approximately 83 South pursuant to Petition No. 400-05-01. (Richard
Lether)
(P 05-21)
#4. RE: Setting the date of November 1, 2005 at 7:00 p.m. to accept public comment
and consider adopting an ordinance rezoning property located at approximately 1532 and
1560 West 200 South from Single Family Residential (R-1/5000) to Neighborhood Commercial
(CN) pursuant to Petition No. 400-03-10. (Shaw Homes, Inc. )
(P 04-24)
#5. RE: Setting the date of November 1, 2005 at 7:00 p.m. to accept public comment
and consider adopting an ordinance amending Section 21A.32.105, Salt Lake City Code,
creating a Natural Open Space Zoning District pursuant to Petition No. 400-05-20.
(0 05-22)
#6. RE: Adopting a motion authorizing the Council Chair to sign a letter of
engagement with Hansen Barnett & Maxwell (the Council's current Financial Auditor) to
research procedures associated with transactions relating to a monument on the east side
of the Library block and to determine whether existing procedures and internal controls
are adequate.
(G 05-21)
#7. RE: Approving the reappointment of Susan Webster to the Police Civilian Review
Board for a term extending through September 1, 2008.
(I 05-14)
#8. RE: Setting the date of November 1, 2005 at 7:00 p.m. to accept public comment
and consider adopting ordinances amending Section 21A.30.050 Table of Permitted and
Conditional Uses for the Downtown Districts to allow different types of department stores
as permitted uses in various downtown zoning districts and amending the Zoning Map
designation for Block 76, Plat D, Salt Lake City Survey from Community Shopping (CS) to
Community Business (CB) for properties generally located at 402 East 6th Avenue and 415
East 5th Avenue pursuant to Petition No. 400-04-29.
(P 05-18)
The meeting adjourned at 7:33 p.m.
bj
October 11, 2005 (noon)
The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, October 11,
2005 at 12:15 p.m. in Room 326, City Council Office, City County Building, 451 South
State.
The following Council Members were present:
Carlton Christensen Van Turner Eric Jergensen
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, OCTOBER 11 , 2005
Dave Buhler Nancy Saxton Dale Lambert
The following were absent:
Jill Remington-Love Mayor Ross C. "Rocky" Anderson
Cindy Gust-Jenson, Executive Council Director; Larry Spendlove, Senior City
Attorney; Sonya Kintaro, Recorder's Records Manager/Election Coordinator; and Chris
Meeker, Chief Deputy City Recorder, were present.
Councilmember Lambert presided at and conducted the meeting.
UNFINISHED BUSINESS
#1. RE: The Mayor and City Council will convene as the Board of Canvassers at their
regular meeting place to examine the validity of the absentee ballots, and then direct
the absentee ballots and provisional ballots to be counted electronically by the Salt
Lake County Clerk. The Board of Canvassers will charge the City Recorder' s Office to
prepare a canvass to be presented to the Board of Canvassers at the regularly scheduled
City Council meeting at 7:00 p.m. on October 11, 2005.
Councilmember Turner moved and Councilmember Christensen seconded to recess as the City
Council and convene with the Mayor as the Board of Canvassers, which motion carried, all
members present voted aye.
Sonya Kintaro, Records Manager/Election Coordinator, said the Council had the unofficial
election results. She said these results were copied from an automatic tabulation report
prepared by the Salt Lake County Clerk' s Office. She said State Code required that
absentee ballots be reviewed by the Board of Canvassers. She said absentee ballots could
be received up to noon on the day of the official canvas. She said the received ballots
were separated into categories of acceptable or not acceptable. She said it was the
Council' s final decision as to whether or not the ballots were acceptable. She said one
ballot received today was signed by the voter on September 26th but the postmark was
illegible.
Councilmember Christensen moved and Councilmember Turner seconded to not accept the ballot
in question, which motion carried, all members present voted aye except Councilmember
Saxton who voted nay.
Councilmember Buhler asked if someone verified that all the ballots were sent by
registered voters. Ms. Kintaro said County Elections had verified the ballots.
Councilmember Jergensen moved and Councilmember Buhler seconded to reject the packet of
ballots rejected by the County, which motion carried, all members present voted aye.
Ms. Kintaro said nine absentee ballots appeared to be valid.
Councilmember Buhler moved and Councilmember Christensen seconded to accept the nine
valid ballots, which motion carried, all members present voted aye.
Councilmember Christensen moved and Councilmember Buhler seconded to recess as the Board
of Canvassers until 7:00 p.m. when the official tabulation would be received, which motion
carried, all members present voted aye.
(U 05-1)
The meeting adjourned at 12:58 p.m.
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, OCTOBER 11, 2005
bj
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