02/19/2008 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, FEBRUARY 19, 2008
The City Council of Salt Lake City, Utah, met in Regular Session
on Tuesday, February 19, 2008 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 Soren Simonsen
Nancy Saxton Dave Buhler Eric Jergensen
Jill Remington Love
The following Councilmember was absent:
Van Turner
Cindy Gust-Jenson, Executive Council Director; Ed Rutan, City
Attorney and Chris Meeker, Acting City Recorder; were present.
Councilmember Christensen presided at and conducted the meeting.
OPENING CEREMONY 7 : 08 : 42 PM
#1 . The Council led the Pledge of Allegiance.
#2 . 7 : 09 : 37 PM Councilmember Jergensen moved and Councilmember
Martin seconded to approve the minutes for the Salt Lake City Council
meeting held February 12, 2008, which motion carried, all members
present voted aye . See Attachment
COMMENTS
#2 . 7 : 10 : 03 PM Comments to the City Council .
The following citizens spoke : Douglas Cotant, Jack Schiefer, 800
South projects; Steve Alder, power line project; Ken Bush, private
education partner; Sarah Nelson, Rocky Mountain Power Expansion on 800
South; Joel Briscoe, Rocky Mountain Power; Patrice Schultz,
transmission lines on 800 South; Mary AA, Rocky Mountain Power proposal
for 800 South and Leigh Hansen, burying power lines .
The following citizens submitted cards but did not wish to speak
regarding the proposed transmission line on 800 South: Sandra Birch,
Mary Taylor, Bea Layton, Lynette Behunin, Kyle Norton, Krissie Norton,
Antonia Felice, Julia Reid, Courtney and Mitch McBeth, Mark Maxfield,
Malcolm Macleod, Gleed Toombes , Ben Behunin and Daniel Hansen.
UNFINISHED BUSINESS
#1. 7 : 27 : 00 PM Adopting an ordinance vacating portions of three
City streets (1) West Temple between South Temple and 100 South; (2)
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, FEBRUARY 19, 2008
South Temple Street between Main Street and State Street; and (3) 100
South Street between Main Street and State Street as part of the
proposed City Creek Center project. (Petition No. 400-06-38)
Councilmember Jergensen moved and Councilmember Love seconded to
adopt Ordinance 5 of 2008 .
Councilmember Simonsen asked if the City had any advantages or
disadvantages to leasing or selling the property upon abandonment . Mr.
Rutan said there were differences in why the City would choose to lease
or sell property in a particular transition. He said it was a question
of what the intention was . He said when sold the property was gone
forever and when leasing property at the expiration of the term the
property came back to the owner.
Councilmember Love asked if the choice to lease the property would
be considered a public forum. Mr. Rutan said if the City was actively
engaged in management then that would create a public forum. He said a
simple lease by itself would not create a public forum.
Councilmember Love asked if it was an Executive Branch decision to
lease or sell . She asked if the Council' s role remained the same as to
the lease or sale. Mr. Rutan said the Attorney' s Office was looking
into the matter.
Councilmember Simonsen asked what policy issues would be included
and what the process was to include them. Mr. Rutan said the
Attorney' s Office was currently looking at the inclusion of policy
issues in the sale. He said the place to put the policies would be in
the ordinance .
Councilmember Jergensen asked if there was anything that stopped
the Council from amending the ordinance at a later date . Mr. Rutan
said the ordinance could be amended.
Councilmember Simonsen said he had three policy elements that were
significant: future utilities and disposition, potential access to
below grade entrances by others than City Creek Reserve Inc. (CCRI) and
the nature of abandonment or reversionary provisions .
Councilmember Love asked if the Executive Branch would determine
the lease of sale . Mr. Rutan said that was correct. Councilmember
Love asked for a legislative intent from the Council regarding policy
issues .
Councilmember Garrott asked why the issue of lease vs . sale was
not brought up sooner. He asked why the issue was on the agenda.
Councilmember Love said she did not know that Council Members still had
questions .
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, FEBRUARY 19, 2008
Councilmember Simonsen moved to include as an amendment to the
motion that a provision to preserve, guarantee or encouraging potential
access to the mid-block access points by adjacent property owners other
than CCRI , and also preserve or guarantee rights of reversion to the
City should the right-of-ways be abandoned or the ability to negotiate
in the event of multiple users other than CCRI be placed in the
ordinance .
Councilmember Jergensen said he preferred Councilmember Simonsen' s
motion to be a legislative intent rather than a friendly amendment to
the motion. Councilmember Love said City Creek needed to move forward
and she understood the Administration would be collaborative with the
negation of the agreement.
Councilmember Jergensen called for the question with a roll call
vote which motion carried, all members present voted aye.
Councilmember Simonson moved and Councilmember Jergensen seconded
that the Council initiate a legislative intent to give the
Administration direction regarding potential access beyond CCRI to
underground crossings in the middle of the street and the City look at
the potential complications of multiple sharing in terms of a reversion
or abandonment clause and explore the potential for future utilities
yet to be determined and how they might be negotiated depending upon
sale or lease of the below grade rights to the street and others as the
Administration may determine, which motion carried, all members present
voted aye . View Attachments
(R 07-15)
The meeting adjourned at 7 : 52 p.m.
This document along with the digital recording constitute the
official minutes of the City Council Regular Session meeting held
February 19, 2008 .
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