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10/17/2002 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, OCTOBER 17 , 2002 The City Council of Salt Lake City, Utah, met in Regular Session on Thursday, October 17, 2002, at 5:30 p.m. in Room 326, Committee Room, City County Building, 451 South State. The following Council Members were present: Carlton Christensen Van Turner Eric Jergensen Jill Remington Love Nancy Saxton Dave Buhler Dale Lambert Rocky Fluhart, Chief Administrative Officer; Cindy Gust-Jenson, Executive Council Director; and Scott Crandall, Deputy City Recorder were present. Councilmember Buhler presided at and conducted the meeting. COMMENTS TO THE CITY COUNCIL Kenneth Robertson, Salt Lake City, spoke concerning the importance of the Housing Trust Fund and the need to install curb cuts when City sidewalks were repaired. Soren Simonsen, Salt Lake City, said he responded to the Request for Proposal (RFP) regarding Main Street enhancements. He said he was concerned about issues the RFP did not address. He said the Council needed to consider options which would attract visitors and tenants to downtown. He said options included downtown enhancements, parks, open space, housing opportunities, sign policies, and urban design elements. UNFINISHED BUSINESS #1. RE: Adopting a resolution authorizing the approval of an interlocal cooperation agreement between Salt Lake City Corporation and the Redevelopment Agency of Salt Lake City. (Programming Agreement for the Gallivan Center 04-3-02-6626) . ACTION: Councilmember Turner moved and Councilmember Christensen seconded to adopt Resolution 61 of 2002, which motion carried, all members voted aye, except Councilmember Saxton who voted nay. (C 02-704) #2. RE: 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. (Initiative No. 3 for downtown lighting, decoration and entertainment program. ) (Budget Amendment No. 10) ACTION: Councilmember Jergensen moved and Councilmember Love seconded to adopt Ordinance 66 of 2002, approving $550,000 to fund the proposed downtown lighting and decorating Initiative No. 3 with the stipulation that funds not be allocated until a Steering Committee was created consisting of the Downtown Alliance and other downtown entities to implement the proposal, which motion carried, all members voted aye, except Council Members Saxton and Lambert who voted nay. DISCUSSION: Councilmember Saxton said she felt the allocation would enhance Christmas but the groundwork had not been laid and there were no goals in place. She said Main Street property owners and tenants needed to work together and take the lead in the enhancement process. She said she felt the City needed to take a secondary 02 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, OCTOBER 17 , 2002 position in the process. Councilmember Saxton said she felt the proposal was flawed from the start. She said she was concerned about asking vendors to prepare a save-all plan for Main Street on such short notice. She said vendors should have been requested to submit proposals including costs, instead of the City giving them an amount to spend. She said she did not know if historically the City allocated money to downtown for lights or other Main Street activities. She said she was concerned about the precedent of allocating money without having firm goals in place. Councilmember Lambert said he supported the development of Main Street, downtown and other areas in the Central Business District. He said he wanted the proposal to be successful but needed more information. He said he did not want to approve a proposal which had not had sufficient time to develop. Councilmember Christensen said the private sector was concerned about developing leadership on Main Street and wanted the City to be involved. He said he supported the requirement for a Steering Committee. He said it was important to promote downtown and encourage people to visit. He said he did not believe the proposal was a cure-all for Main Street but felt there were acceptable risks. Councilmember Love said last winter helped the City see possibilities for downtown. She said she agreed the money was not a cure-all but was one element of a plan to create vitality in downtown this winter. She said the Redevelopment Board discussed the creation a small business loan fund to help economic developers attract retail to downtown. She said the City was also working with art and culture groups. Councilmember Buhler said he shared concerns expressed by other Council Members. He said he understood solid proposals had been submitted and felt this was an appropriate way for the City to help local businesses attract people to downtown. (B 02-10) #3. RE: Setting a date to accept public comment and consider adopting an ordinance amending the Salt Lake City Code to require that parking lots be located behind buildings, rather than on street frontage, in all community oriented commercial and mixed use zones. (Walkable Communities) , pursuant to Petition No. 400-00-52. ACTION: Councilmember Christensen moved and Councilmember Love seconded to refer the item to November 5, 2002 for a briefing, which motion carried, all members voted aye. DISCUSSION: Councilmember Christensen said he felt the City was moving in the right direction but more time was needed to work through the details. (P 02-13) #4. RE: Setting a date to accept public comment and consider adopting an ordinance amending the Salt Lake City Zoning Code to create transit oriented zoning districts, rezoning property along the east-west light rail corridor, and making other related changes. (Transit Oriented Development) , pursuant to Petition No. 400-01-48 and Petition No. 400-01-12. ACTION: Councilmember Turner moved and Councilmember Jergensen seconded to refer the item to November 5, 2002 for a briefing, which motion carried, all members voted aye. (P 02-14) #5. RE: Adopting a motion authorizing the City Council Chairman to retain outside legal counsel on behalf of the Salt Lake City Council. 02 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, OCTOBER 17 , 2002 ACTION: Councilmember Christensen moved and Councilmember Turner seconded to suspend the rules and adopt the motion, which motion carried, all members voted aye, except Councilmember Saxton who voted nay. DISCUSSION: Councilmember Buhler said the decision on the Main Street easement raised a number of legal issues. He said the issues extended beyond Main Street and he felt it was prudent for the Council to pursue answers to questions relating to Council authority. He said if the Council approved, he wanted to create a subcommittee comprised of himself and Council Members Lambert and Christensen to select outside counsel. He said he would be available to meet with individual Council Members when candidates were considered. He said there were encouraging developments with the Mayor's involvement and he hoped the issue could be favorably resolved for all parties. Councilmember Love said she was concerned about hiring outside counsel but felt there were property ramifications beyond this specific piece of property which needed to be explored. She said she was assured the cost would be less than $5,000. She said if the cost exceeded $5, 000, she wanted the subcommittee to let Council Members know. She said the Council supported the Mayor's efforts and did not want the Council's decision interpreted as a lack of confidence in the process the Mayor had initiated. She said the American Civil Liberties Union (ACLU) and the Unitarian Church needed to meet and discuss the issue. Councilmember Lambert said this was a difficult issue and he supported the Mayor's efforts. He said he had confidence in the City Attorney's Office and did not want them to consider this as disapproval or disagreement. He said the Council did not want to undermine the effort being made to resolve the issue. Councilmember Turner said he wanted the subcommittee to investigate property rights and easements on similar properties. He said he felt the City needed to inform people about their property rights. Councilmember Buhler said he endorsed Council Members comments. He said the Council's action did not express a lack of confidence in either the Mayor or the City Attorney' s Office. He said the Council needed to gather information in order to do its own due diligence on the issue. (G 02-15) CONSENT AGENDA ACTION: Councilmember Christensen moved and Councilmember Turner seconded to approve the Consent Agenda, which motion carried, all members voted aye. #1. RE: Approving the reappointment of Laurie Noda to the Planning Commission for a term extending through July 1, 2006. (I 02-7) #2. RE: Approving the appointment of J. Kelly Gillman to the Transportation Advisory Board for a term extending through September 26, 2005. (I 02-6) The meeting adjourned at 7:46 p.m. sc 02 - 3