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12/17/2002 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 17 , 2002 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, December 17, 2002 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 Dale Lambert Eric Jergensen Jill Remington Love Dave Buhler Nancy Saxton Van Turner Mayor Ross C. "Rocky" Anderson; Ed Rutan, City Attorney; Cindy Gust-Jenson, Executive Council Director; and Pam Johnson, Deputy City Recorder were present. Councilmember Buhler presided at and conducted the meeting. #1. The Council led the Pledge of Allegiance. #2. Councilmember Jergensen moved and Councilmember Love seconded to approve the minutes of the Salt Lake City Council meetings held December 3, December 10, and December 12, 2002, which motion carried, all members voted aye. (M 02-3) COMMENTS FROM THE CITY COUNCIL TO THE MAYOR Councilmember Saxton said she wanted the Mayor to reconsider pursuing the appeal with the 10th Circuit Court. Mayor Anderson said when public access was given on private property, First Amendment rights were attached. He said because unreasonable behavior could be protected under First Amendment rights, private property owners would no longer want to allow access to their property. PUBLIC HEARINGS #1. RE: Accept public comment and consider adopting an ordinance, resolution, or motion relating to previously adopted ordinances closing a portion of Main Street between North Temple and South Temple Streets. ACTION: Councilmember Buhler said the meeting would consist of public comments only and no action would be taken. DISCUSSION: The following citizens spoke or submitted comments in favor of the City maintaining the easement and the First Amendment expression rights on the easement: Stephen Pace, Maureen Frikke, Malcolm Dean, Aere Greenway, Lonnie Pursifull, Paul Mitchell, Travis Bird, Ruben Israel, Rod Warner, Kevin Daniels, Rudy Rodriguez, John Renteria, Randy Jernigan, Richard Barnes, Mary Lee Anderton, John Bradshaw, Brian Gillnorp, Craig Axford, Mark Williams, Johnny Jacquet, Jon R. Dewey, Rob Greenwell, Kevin Cummins, Toni Lowery, David Wright, Kay Knight, Jim Espeland, Emily S. Merz, Elizabeth Ashley Wright, Jim, (No last name given) , Matt Finnigan, Alexis Kelner, and Ambrosia Robb. The following citizens spoke or submitted comments in support of the proposed "time, place and manner" ordinance as recommended by the Mayor: Polly Hart, Maureen Frikke, Malcolm Dean, John Tucker, Richard Barnes, Oliver J. Nelson, Mark Smedley, Jon R. Dewey, William R. Laderec, Siavash Ghaffari, Jeffery Smith, Dale Abboth, Tom Lowery, Elizabeth Ashley Wright, Kevin Emerson, and Beatrix Sieger. The following citizens spoke or submitted comments in support of the Mayor' s recent 02 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 17 , 2002 proposal to extinguish the easement in exchange for land from the Church of Jesus Christ of Latter-Day Saints on the City' s west side to build a community center: Craig Peterson, Stephen Shaffer, Tom Guinney, Justin Brown, Charles Doane, H. Jarvis Rogers, Paul Ahistrom, Dave Spatafore, Ervin Holmes, John Preston Creer, Sandra Lee Sterns, Don Zarkou, Robert Hanks, Bill Hubbard, Steven J. McCardell, Pasili Lata, John Porter, Jeanie McAllister, Paul Mecham, J. Douglas Davis, Roger S. Davis, John Tucker, Unga Kioa, Ross Andra, John Langeland, Peter Grundfossen, Glen Saxton, Sandra Rodriguez, Jessica Rodriguez, Bill Hadfield, Rita Robinson, Arthur Larsen, J. Michael Clara, Charles M. Bennett, Kirk Thomas, Andrew Olson, Darlene Thomas, Keith Jensen, Chris Glenn, Cheryl May, Norman Younker, Lynn Ames, Ted D. Lewis, Dr. Lloyd Miller, Chris K. Lambert, Oliver J. Nelson, Kirk Robinson, Michael L. Smith, Steve Osbourn, Lance Reed, David E. Richardson, Tim Lineback, Marlene Little, Marilyn Nunez, Jana Steele, Grant Ayers, Kadee Nielson, Ken Thomas, D. Kinikini, Norman Rothman, Randy Long, Pasa Tukuafu, Craig Gandolph, Victoria Orme, Mike Lovins, Gladys Gonzales, Ralph P. Frandsen, Richard Nelson, David Woodruff, Bill LeFerre, Steven O. Kohiert, Chris Hansen, Tom Lowery, Steven Christainsen, Gayle H. Anderson, Lewis Wilson, Mark Abbott, Jody Sybrowsky, Jared Benzon, Robert B. Benzon, Eric Bunch, Abraham Rodrigues, Tim Hatch, Brian Johnson, Raelynne Johnson, Matt Johnson, Travis Larsen, Brian Bellamy, Brett Lee, Colleen Rogers, Ereka Sybrowsky, Brad Russell, Scott Workman, John Zorich, Ted D. Adams, Vagn- Oluf Andersen, David Lloyd, Brent Davis, Jerry Madsen, Joanie Earbett, Linda Chapman, Michael Seedall, James Thornton, Steve Christopher, Adelaide Andra, Siosiana Kioa, Joanne Nelson, Samuel Rodrigues, Pamela Atkinson, and Bernie Marchant. The following citizens spoke or submitted comments in favor of exercising any available City authority to eliminate or limit the easement (to enable the Church of Jesus Christ of Latter—Day Saints to exercise full or additional control over the Plaza. ) : Torn Guinney, Justin Brown, Debbie Mackintosh, Ervin Holmes; Richard Sneigrove, Wendell Rawlings, Sandra Lee Sterns, Don Zarkou, Logan Rogan, Bill Hubbard, Steven J. McCardell, Derrel Grappendorf, John Porter, Jeanie McAllister, Paul Mecham, J. Douglas Davis, Roger S. Davis, Jason Wallace, Gary Snow, Ross Andra, Randy Jernigan, Glen Saxton, Bill Hadfield, Paul Foreman, Arthur Larsen, Kirk Thomas, Darlene Thomas, Keith Jensen, Michael T. Packard, Chris Glenn, Edvardo Seoane, Nathan Dailey, Stan Benfell, Ted D. Lewis, Dr. Lloyd Miller, Chris K. Laibert, Michael L. Smith, Kevan W. Walker, Lance Reed, David E. Richardson, Rick Bohne, Kadee Nielson, D. Kinikini, Keith Ridgway, Victoria Orme, Ryan Larsen, George H. Zinn, Gladys Gonzales, Ralph P. Frandsen, Torn Lowery, Ranae Murphy, Shannon Lundberg, Gayle H. Anderson, Lewis Wilson, John Crites, Brian Steffensen, Mark Abbott, Jody Sybrowsky, Jessica F] .uekiger, Melissa Keddington, Erick Brown, Loren W. Ashcraft, Raul Ontivros, Craig Moffat, Jared Benzon, Robert B. Benzon, Laune Larsen, James Bailey, Gerhard Ackermann, Chari Engle, Dennis K. Engle, Kent Sorensen, Eric Bunch, Tim Hatch, Brian Johnson, Raelynne Johnson, Travis Larsen, Brett Lee, Ereka Sybrowsky, Brad Russell, John Zorich, Scott Workman, Steve Christopher, Adelaide Aridra, Sally Odekirk, and Steve Winters. The following citizens spoke or submitted comments in favor of the Mayor joining the appeal of the Tenth Circuit Court decision to the United States Supreme Court: Richard Sneigrove, Bill Hadfield, Arthur Larsen, Cheryll May, Steve Osbourn, David E. Richardson, Jon R. Dewey, O. Kinikini, John Crites, Elizabeth Ashley Wright, Pete Dalton, Neils Little, Kevin Emerson, John Crites, Tim Hatch, Travis Larsen, Steve Christopher, and Alexis Kelner. The following citizens spoke or submitted comments with other suggestions or options: Bonnie Mangold said a solution which ended protests and harassment but maintained first amendment rights needed to be found. Samantha Francis said discussion should be done at the Community Council level first. Solomon Urriola said first amendment rights should not be confused with hostility. Debbie Hough said the trade should be for environmental concerns. Earle Jensen said the west side needed a Mega Mall, rather 02 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 17 , 2002 than a Community Center. Dixie Carter said continuing to refer to the "west side", helped make division within the City. Douglas Cotant said he was in favor of the Mayor's new proposal. Paul Alstrom said this had become a platform for a community which did not feel accepted by each other. Dorothy Lane said the City should go back to the original design and use. Hermann A. Peine said space and design issue could be used to help the easement issue. Kerry Moore said the original closure of Main Street had hurt the merchants. Mike Moore said a historic landmark would be destroyed if a community center was built in the Glendale area. Stone Fanua said 30-day permits should be obtained each month for the street closure of Main Street and for protesting. Joe Zavala said the City should wait for the appeal ruling of the 10th Circuit Court. Peter Ashdown said the L.D.S. Church should show unity by taking down the wall surrounding their grounds. Bill Ramsey suggested turning the walls of Temple Square into art space. Ryan Jones said the terms of the original contract should be upheld. Lawrence Rey Topham said the City did not have the right to sell any property on Main Street. Robert Hisichi said trains on 9th South was a larger issue than the Main Street Plaza. Others submitting comment cards with no written suggestions were: Joel C. Wright, Ramon Johnson, Jan Bartlett and Brent Hardy. (P 99-14) The meeting adjourned at 10:04 p.m. pi 02 - 3