06/03/2003 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, DUNE 3 , 2003
The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, June 3,
2003 at 6:00 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 Christensen presided at and Councilmember Love conducted the
meeting.
#1. The Council led the Pledge of Allegiance.
#2. Councilmember Saxton moved and Councilmember Jergensen seconded to approve the
minutes of the Salt Lake City Council meetings held May 13, and May 20, 2003, which
motion carried, all members voted aye.
(M 03-1)
PUBLIC HEARINGS
#1. RE: Accept public comment and consider adopting ordinances, resolutions and/or
motion relating to the Main Street Plaza issues, including but not limited to an
ordinance closing, vacating, and abandoning a pedestrian access and passage easement
located on the former Main Street right-of-way between North Temple and South Temple
Streets, pursuant to Petition No. 400-03-01, and related matters.
ACTION: Councilmember Saxton moved and Councilmember Jergensen seconded to continue
the public hearing to June 10, 2003 at 7:00 p.m. , which motion carried, all members
voted aye.
DISCUSSION: Ed Rutan, Salt Lake City Attorney, advised the public of changes made to
the Mayor's proposal for the Main Street easement issue. He said a red lined copy
would be available to the public on the City's Web site.
He said the first change was in paragraph two of the settlement agreement. He said
additional language had been added to clarify all elements of consideration to the
City from the presiding Bishopric and indicated that certain forms of intangible
consideration was to be available. He said the second change was found in paragraph 5B
of the settlement agreement, which also referred to paragraph 1.4 of the special
warranty deed. He said this dealt with the City's approval of the presiding Bishopric's
request for fencing. He said the changes made explicate what was implicated and the
decision made by the City was for esthetic reasons and not public access considerations.
Mr. Rutan said changes made in paragraph 7 of the settlement agreement would provide
further detail of the nature of litigation settlement in the original case. He said
in paragraph 9A two changes made explicate what was implicated, that litigation might
be filed prior to the closing of the transaction. He said additional changes provided
either the City or the presiding Bishopric could decide to continue with the closing
regardless.
Mr. Rutan said language changes had been made to the deed itself. He said the reverter
03 - 1
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, DUNE 3, 2003
of deed was corrected to say the right of re-entry. He said the fencing provision in
the settlement agreement was again mentioned in paragraph 2B. He said in addition to
changes in the settlement agreement and warranty deed, a new additional "where as"
clause was added on page six of the draft ordinance. He said this change addressed
the Transportation Department' s recommendations.
The following citizens spoke or submitted comment cards in support of the Mayor's
proposal for the City to close, vacate and abandon the easement in accordance with
those procedures set forth in State law, including receiving fair market value for the
easement. Mayor Anderson proposed the City resolve certain existing potential
litigation in an exchange of property and cash involving the Sorensen Multicultural
Center: Alan Sullivan, Bob Farrington, Ron Moffatt, Pamela Atkinson, Ted Lewis, Yanghan
Goldsberry, Kevin Jones, Fred Roberts, James Cope, Craig Peterson, Jack Hammond, George
H. Shafer, Keith Ridgway, Steven Christiansen, Bill Hadfield, Jessica Rodrigues, Sandra
Rodrigues, Jared Butterfield, Wendell Rawlings, John Preston Creer, Glen Saxton,
Wendell Smoot, Robert Thorup, Judy Eror, Leo B. Nelson, Kay Stevenson, Larry Smith,
Jeff Peterson, Sean Thomas, Ken Foster, Larry R. Fidler, Kristi Johnson, John Zorich,
Martha Speed, Thaddeus Speed, Duane B. Dowden, Maxine Hanks, William Silver, George H.
Zinn, Douglas Cotant, Randall A. Mackay, John Smith, Dean Christensen, Dixie
Christensen, Fred Graham, Amanda Foreman, Ted Adams, Steve Sturzenegger, Callie
McMurdie, Paul G. Toyn, Chris Williams, Steve Christopher, Kirk Bowden, Shirley C.
Nielsen, Jeffery M. Stevens, Joani Stevens, and Sandy Roundy.
The following citizens spoke or submitted comment cards in favor of the City continuing
to maintain the easement and allowing first Amendment expression rights on the easement.
(Take no action. ) : Bonnie Mangold, Maureen Frikke, Chris Gonthier, Willis Killebrew,
Brent Hardy, Travis Bird, Lonnie Pursifull, Jan Bartlett, Joe Kolloch, Mike Mitchell,
Christian Fonnensbeck, Christian Cameron, McKay Edwards, James Snow, Stan Thomas, and
Lawrence Rey Topham.
The following citizens spoke or submitted comment cards in favor of allowing the Tenth
Circuit Court of the United States Supreme Court to decide: Lydia Wright, Jim Cooper,
Craig Axford, and Jim Espeland.
The following citizens spoke or submitted comment cards suggesting City residents be
allowed to vote on this issue: Robert B. Benzon and Tamara B. Wharton.
(P 03-13)
COMMENTS FROM THE PUBLIC TO THE CITY COUNCIL
George H. Zinn, Salt Lake City, spoke regarding stricter restrictions on
reselling event tickets downtown.
Stan Thomas, Jodi Pursifull, Lonnie Pursifull, Travis Bird, Chris Gonthier and
Douglas Contant addressed the Council in reference to the Gay Pride Parade scheduled
in downtown Salt Lake.
UNFINISHED BUSINESS
#1. RE: Adopting a motion expressing the Council' s approval of the proposed
Neighborhood Olympic Legacy project for City Council District One.
ACTION: Councilmember Christensen moved and Councilmember Turner seconded to adopt a
motion for the Neighborhood Olympic Legacy project, which motion carried, all members
voted aye.
03 - 2
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, DUNE 3, 2003
DISCUSSION: Councilmember Christensen said concerns had been raised by
environmental groups. He said he was hopeful collaborative efforts would make the
Olympic Legacy project one of Citywide pride.
Councilmember Jergensen suggested contacting Jeff Salt of the Audubon Society
for input.
(G 03-13)
#2. RE: Adopting a legislative action item requesting the Administration to re-
evaluate sections of the zoning ordinance relating to fences in front yard areas in
residential zoning districts.
ACTION: Councilmember Buhler moved and Councilmember Saxton seconded to adopt the
Legislative Action, which motion carried, all members voted aye.
DISCUSSION: Councilmember Buhler said this issue was brought to his attention by a
constituent in his district. He said the regulations were confusing. He said planning
staff agreed and wanted to work on clarification. He said this action made his request
official. Councilmember Turner said the constituents in his district felt the same
and he supported the request.
(G 03-14)
#3. RE: Adopting an ordinance amending Section 12.56.2140, Salt Lake City Code,
relating to parking meters special use conditions and fees; amending Section 12.56.325,
relating to loading zones and restricted parking-special use conditions and fees; and
Section 14.12.130 relating to removal of parking meters.
ACTION: Councilmember Lambert moved and Councilmember Jergensen seconded to adopt
Ordinance 29 of 2003, which motion carried, all members voted aye.
(0 02-23 & 0 02-25)
CONSENT AGENDA
ACTION: Councilmember Christensen moved and Councilmember Jergensen seconded to
approve the consent agenda, which motion carried, all members voted aye.
#1. RE: Adopting Ordinance 28 of 2003 approving the assessment list; levying an
annual assessment upon property in Salt Lake City, Utah Lighting District No. 1, known
as LO1; establishing the effective date of the 2003 assessment ordinance; and related
matters.
(Q 03-13)
#2. RE: Adopting Resolution 22 of 2003 authorizing the approval of an interlocal
cooperation agreement between Salt Lake City Corporation and Utah Department of
Transportation for street sweeping services for the period from July 1, 2003 to June
30, 2007.
(C 03-303)
#3. RE: Setting the date of June 10, 2003 at 7:00 p.m. to accept public comment
and consider adopting an ordinance amending Salt Lake City Ordinance 32 of 2001, which
approved, ratified and finalized the biennial budget of Salt Lake City, Utah, including
the employment staffing document for the fiscal years beginning July, 1 2001, and
ending June 30, 2002 and beginning July 1, 2002 and ending June 30, 2003. Budget
Amendment No. 13. )
(B 03-7)
03 — 3
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, JUNE 3, 2003
The meeting adjourned at 8:40 p.m.
pi
03 - 4