03/29/2019 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL SPECIAL MEETING
FRIDAY, MARCH 29, 2019
The City Council met in Special Session on Friday, March 29, 2019
in Room 326, Committee Room, City County Building, 451 South State
Street.
In Attendance: Council Members Amy Fowler, Chris Wharton, Erin
Mendenhall, Charlie Luke, James Rogers, and Analia Valdemoros .
Absent: Councilmember Andrew Johnston
Staff in Attendance: Cindy Gust-Jenson, Council Executive
Director; Jennifer Bruno, Council Executive Deputy Director; David
Litvack, Mayor' s Deputy Chief of Staff; Catherine Brabson, Senior
City Attorney; Katherine Lewis, Senior City Attorney; Joel Nelson,
Airport Property and Real Estate Manager; Brady Fredrickson,
Airport Director of Planning and Environmental; Marco Kunz, Senior
City Attorney; and Kory Solorio, Assistant City Recorder.
Guests in Attendance: Robert Mansfield, Mitchell Barlow &
Mansfield, P.C . ; Neil Kunz and Dick Kunz, property owners .
Councilmember Luke presided at and conducted the meeting.
The meeting was called to order at 10 : 03 a.m.
MEETING ITEMS
#1 . 10:03:58 AM BRIEFING REGARDING AND CONSIDERING ADOPTING A
RESOLUTION FOR A REQUEST FROM THE DEPARTMENT OF AIRPORTS THAT WOULD
AUTHORIZE EMINENT DOMAIN PROCEEDINGS REGARDING AVIGATION
(AIRSPACE) EASEMENTS BURDENING PORTIONS OF REAL PROPERTY NEAR THE
TOOELE VALLEY AIRPORT IN TOOELE COUNTY.
Joel Nelson briefed the Council regarding eminent domain
proceedings . Comments included: funding opportunities, proposed
resolution, and State law.
View materials submitted by Landowners
Robert Mansfield, representing the property owners, briefed
the Council about legal aspects concerning the eminent domain
process . Comments included: issues with the City' s process of
eminent domain proceedings, failure to comply with statutory
obligations, lack of opportunity for the property owners to make
a presentation to the Council, prior process (2007) to take eminent
domain, lack of reasonable negotiation with landowners, obtaining
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MINUTES OF THE SALT LAKE CITY COUNCIL SPECIAL MEETING
FRIDAY, MARCH 29, 2019
a new appraisal (by the City) , procedural fairness, and requesting
the Council not approve the proposed resolution.
Neil Kunz and Dick Kunz, property owners, briefed the Council
with a PowerPoint presentation. Comments included: concern with
the lack of proper engineering on the project, right of flight,
property background, Federal Aviation Administration (FAA)
Building Restriction Line (BRL) , Airport Layout Plan (ALP) , FAA
grant funding, violation of the Uniform Act, fair property value,
approach surfaces, easement distance demonstration, amending the
resolution, and purchase of the entire property by the City.
The Council entered into Closed Session at 10 : 32 a.m. (see
item 4 below) and reconvened at 11 : 12 a.m.
11:12:23 AM Councilmember Fowler moved and Councilmember
Mendenhall seconded to adopt Resolution 6 of 2019 and further moved
to encourage the parties to negotiate in good faith for the City
to acquire the real property, which motion carried, all members
present voted aye .
STANDING ITEMS
#2 . 11:12:55AM REPORT OF THE EXECUTIVE DIRECTOR, INCLUDING A
REVIEW OF COUNCIL INFORMATION ITEMS AND ANNOUNCEMENTS. The Council
may give feedback or staff direction on any item related to City
Council business, including but not limited to scheduling items.
Cindy Gust-Jenson said at the Tuesday, April 2, 2019, Council
meeting, the Council would consider adoption of a joint ceremonial
resolution with the Mayor supporting the United Nations treaty on
the prohibition of nuclear weapons . She said the Noble Peace Prize-
winner would be in attendance at the meeting and the Mayor' s office
was having a reception prior to the meeting (the Mayor would be
out of town) and the Council was invited to act in a hosting
capacity.
#3. REPORT OF THE CHAIR AND VICE CHAIR
Item not held.
#4 . 10:32:59AM CONSIDER A MOTION TO ENTER INTO CLOSED SESSION,
IN KEEPING WITH UTAH CODE §52-4-205 FOR ANY ALLOWED PURPOSE .
Councilmember Mendenhall moved and Councilmember Fowler
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MINUTES OF THE SALT LAKE CITY COUNCIL SPECIAL MEETING
FRIDAY, MARCH 29, 2019
seconded to close the public/property owner comment period and
enter into Closed Session to discuss pending or imminent litigation
pursuant to Utah Code §52-4-205 (1) (c) ; and to discuss the purchase,
exchange, or lease of real property pursuant to Utah Code §52-4-
205 (1) (d) , Utah Open and Public Meetings Law. A roll call vote was
taken. Council Members Wharton, Luke, Valdemoros, Mendenhall,
Fowler, and Rogers voted aye. See File M 19-1 for Sworn Statements .
In Attendance : Council Members Mendenhall, Fowler, Luke,
Rogers, Valdemoros, and Wharton.
Absent: Councilmember Johnston
Others in Attendance: Cindy Gust-Jenson, Jennifer Bruno,
Catherine Brabson, Marco Kunz, Joel Nelson, Brady Fredrickson,
David Litvack, Katie Lewis, and Kory Solorio.
The Closed Session adjourned at 11 : 06 a.m.
The Work Session meeting adjourned at 11 : 13 a.m.
COUNCIL CHAIR
CITY RECORDER
This document is not intended to serve as a full transcript
as other items may have been discussed; please refer to the audio
or video for entire content pursuant to Utah Code §52-4-203 (2) (b) .
This document along with the digital recording constitute the
official minutes of the City Council Special meeting held March
29, 2019 .
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