The City Council met in a Work Session on Tuesday, April 8, 2014, at 5:03 p.m. at the City & County Building, Room 326, 451 South State Street, Salt Lake City.
In Attendance: Council Members Charlie Luke, James Rogers, Kyle LaMalfa, Luke Garrott, Erin Mendenhall, Stan Penfold, and Lisa Adams.
Also In Attendance: Cindy Gust-Jenson, Council Executive Director; Ralph Becker, Mayor; David Everitt, Mayor’s Chief of Staff; Jennifer Bruno, Council Deputy Director; Russell Weeks, Council Policy Analyst; Sean Murphy, Council Policy Analyst; Benjamin Luedtke, Council Policy Analyst; Dan Weist, Council Communication Director; Allison Rowland, Council Policy Analyst; Lehua Weaver, Council Policy Analyst; Nick Tarbet, Council Policy Analyst/Constituent Liaison; ObReaee Israelsson, Council Staff Assistant; Boyd Ferguson, Senior City Attorney; Brian Roberts, Senior City Attorney; Jeff Niermeyer, Public Utilities Director; Tom Ward, Public Utilities Deputy Director; Brad Stewart, Public Utilities; David Pearson, Street Lighting Program Manager; Nick Norris, Planning Manager; Wayne Mills, Senior Planner; and Cindi Mansell, City Recorder.
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#1. 2014 Legislative Written Briefing. The Council received a written report regarding items of City interest from the 2014 session of the Utah Legislature. View Attachment
#2. 5:22:07 PM Vote-by-Mail Experiences and Turnout. The Council was briefed about mail-in-voting. The briefing included information about municipalities that had conducted vote-by-mail elections as well as voter turnout numbers for Salt Lake City during its first local opinion question survey. View Attachments
Ben Luedtke, Cindi Mansell, and Boyd Ferguson briefed the Council from attachments. Discussion followed regarding the 2013 Municipal vote-by-mail experiences of West Jordan, Cottonwood Heights, and Riverdale City resulting in increased voter turnout and reduction in costs. Ms. Mansell explained the next opportunity for Salt Lake City to conduct their election utilizing a vote-by-mail process would be in 2015. Inquiry was raised regarding decreased cost projections to administer the election utilizing this method. Ms. Mansell said she was unsure but would estimate 12% or higher similar to the reduction realized by West Jordan in 2013.
A unanimous Straw Poll was conducted to indicate interest in pursuing vote-by-mail elections for Salt Lake City in 2015. Council member Penfold was not present during this discussion.
#3. 5:32:11 PM Street Light Enterprise Fund – 3rd and 4th Quarter Progress Report. The Council was briefed on the progress of the new Street Light Enterprise Fund, including the status of maintenance work and high-efficiency lighting upgrades. The Street Light Enterprise Fund began in 2013 as a dedicated source of funding for operating and maintaining street lights throughout the City. Property owners are charged a monthly fee as part of the program. View Attachments
Lehua Weaver, Tom Ward, Brad Stewart, David Pearson, and Jeff Neirmeyer briefed the Council from attachments. Mr. Stewart provided background on the creation of the enterprise fund with a dedicated funding source assessed monthly. He said as of September 30, 2013, approximately 97% of the City lights were on and working, and each month approximately 3% of the lights in the City required maintenance.
Mr. Stewart said the most urgent item was the International Center street lighting user fee challenge. He said the property owners felt they were being double-billed because they were paying association dues as well as the base fee. He said negotiations have been ongoing to settle maintenance and ownership issues.
Mr. Ward said staff was seeking Council input on what to do with requests for private lighting areas; what to do with requests for new Special Assessment Area (SAA) type service areas; alternative funding sources for the existing SAA’s; and a potential agreement with the International Center to resolve the issue of private lights along the public right-of-way.
Discussion followed regarding options to address the International issue such as creating a SAA, with concerns being expressed regarding the City assumption of aging infrastructure or suggesting costs or responsibility would not be shared consistently citywide. Mr. Stewart said the difference was that this was a single owner who owned all the lights versus a group of various owners. Mr. Niermeyer said this group would not be receiving anything additional or subsidized. He said the proposal was for them to pay the equivalent base safety lighting/intersection standard rate and another fee to cover the higher density lighting they have.
Inquiry was raised regarding decorative or private lighting. Mr. Niermeyer said this had not been addressed and staff needed clear direction how to proceed.
Discussion followed regarding potential to fund at a higher level to allow for quicker inversion to high-efficiency lighting. Mr. Niermeyer said staff was working on a broader SAA plan that went above the original enterprise fund plan for budget discussion. The Council requested further consideration of the International Center with the same consistency maintained throughout the entire process in order to send the same message to all residents. It was further suggested the transmittal contain examples of SAAs and how policy and circumstances could apply (similarities comparable to the International Center).
A unanimous Straw Poll was conducted in approval of the concept to have Public Utilities Staff return with a plan that incorporates SAAs, the International Center, and other like organizations.
A unanimous Straw Poll was conducted to consider options for private lighting separately; and outline options for new requests as well as existing areas.
#4. 6:06:47 PM Alley Closure, 364 West American Avenue, BV&M Enterprises. The Council received a briefing regarding a proposal to close a City-owned alley located in an area bounded by 900 South and American Avenue and 400 West and a UTA rail corridor. The alley has not functioned as a public alleyway and has been gated and used for parking and private business access. Under the proposal, the alley would be sold to the applicant at fair market value. Petitioner: BM&V Enterprises, Petition No. PLNPCM2013-00340. View Attachments
Sean Murphy, Nick Norris, and Wayne Mills briefed the Council from attachments. Mr. Murphy said staff intends to conduct a broader alley closure discussion in the future; however, this item had preceded that discussion.
Mr. Mills said the Planning Commission had voted unanimously in support of the closure. Inquiry was raised as to whether there had been discussion with the abutting property owner, Utah Transit Authority (UTA). Mr. Mills said he had a telephone conversation with UTA property management as well as e-mail correspondence and they had no concerns or issues in this regard.
BM&V Enterprises Petitioner, Mel Ventura, said the business had been on the property since 1988 and had remained fenced off since that time. She said the property in question had never been used as an open alley and she had 100% abutting property owner signatures in approval of the closure.
Councilmember Luke said this item would be scheduled on a regular meeting.
#5. 6:12:30 PM Syringa Networks, TW Telecom of Utah, and UTOPIA Franchise Agreements. The Council was briefed on proposed franchise agreements for the following telecommunication companies:
•Syringa Networks, LLC
•TW Telecom of Utah, LLC
•UTOPIA (The agreement would not make Salt Lake City a participant in the UTOPIA interlocal entity, but would authorize UTOPIA to place fiber in City rights-of-way in the same manner and under the same conditions as any other third-party telecommunications provider.)
The agreements would allow the companies to place and maintain their facilities within the City rights-of-way. The companies would be governed by certain conditions, would need to secure appropriate permits and pay the telecommunications tax under state law. View Attachments
Brian Roberts briefed the Council from attachments. He explained there were three franchise agreements; Syringa was a renewal and the other two were new.
Councilmember Lamalfa expressed concern as to the commitment of franchise owners to maintain above-ground infrastructure. He said he was interested in adding clauses to agreements that bind franchises to maintain their infrastructure in an artful and attractive manner. Mr. Roberts said there were clauses that required maintenance. Inquiry was raised as to how these were upheld and repercussions; how to make them effective. Mr. Roberts said a violation of the franchise could potentially require compliance by the franchise or refusal by the City to issue permits for work in the public way. He said he would be happy to negotiate contract revisions, but there would still be consideration of the broader enforcement item. He suggested putting additional teeth into the public way maintenance ordinance to capture requirements rather than individually by franchise contract.
Mr. Roberts said implementation of design criteria could be part of a broader conversation to actually define what constitutes artful and attractive. The Council discussed the current scenario not working; the mechanism in other agreements that did work; consideration of a proactive maintenance approach; and to continue the discussion at the code level.
Ms. Gust-Jenson said there had been previous confusion relative to enforcement. She said people in code enforcement felt their hands were tied because the boxes exist by the right of the franchise agreement. She said if they were to be governed by ordinance that might solve these issues. She requested Mr. Roberts confirm his legal opinion and inform the Council as to whether or not they could put a mechanism into the code to govern the utility boxes that would override the franchise agreement.
Mr. Roberts said UTOPIA had requested the Council waive the standard $5,000 administrative fee based upon its status as an interlocal and its plan to provide services primarily to non-profits that were not likely to generate revenue. Ms. Gust-Jenson said the Council did not entertain fee waivers, as they could not waive their own ordinance.
Mr. Roberts said he would return with a legal opinion as to whether the Council/code would have the authority and what that might look like.
#6. 6:40:46 PM 2014 Council Priorities Follow-up. The Council held a follow-up discussion about the status of the 2014 priority projects that were identified at the Council’s February retreat. The priority projects include: improving the City’s urban trail network, collaborating on air quality, and tracking park expenses. The Council also plans to work with the Administration on planning for needed upkeep at the City Cemetery, improving sidewalk snow removal policies, and reviewing corporate campaign finance contributions, all of which will likely be discussed during the Council’s budget discussions in May. View Attachments
Lehua Weaver, Nick Tarbet, Allison Rowland, Sean Murphy, and Jennifer Bruno briefed the Council from attachments and a Power Point presentation. Council Staff outlined the projects, approach, and phases of the proposed work plans. Ms. Bruno said staff had discussed not reinventing the wheel or duplicating work already done.
The Council discussed elements surrounding air quality, urban trails, and Public Services. Ms. Weaver suggested forming several subcommittees with unique members for each item to ensure direct yet timely feedback from the Council. Ms. Gust-Jenson said there were already systems in place for tracking of Public Services locations, maintenance, and function costs. She said the emphasis was to work with Administration to determine whether those systems could work together or something new acquired to make them work together. The request was made to ensure IMS involvement in this process.
Councilmember Luke thanked Staff for the brief and concise outline of steps and information. He encouraged the Council to get with Staff if they had areas of interest. He said it would be appropriate to have small group meetings to brainstorm and a formal subcommittee was not necessary. He said the plan was for those groups to return to the full body with regular updates.
#7. 7:09:31 PM Board Appointment Interview: Planning Commission. The Council interviewed Matt Lyon prior to consideration of his appointment to the Planning Commission. View Attachment
The Council interviewed Matt Lyon prior to consideration of his appointment to the planning commission. Councilmember Luke said the Council would consider the official appointment at its next regular meeting.
#8. 5:04:20 PM Report of the Executive Director. The Council may give feedback or staff direction on any item related to City Council business.
See file M 14-5 for Announcements.
#9. Report of the Chair and Vice Chair. Item not held.
#10. 6:39:45 PM THE COUNCIL WILL CONSIDER A MOTION TO ENTER INTO CLOSED SESSION, IN KEEPING WITH UTAH CODE § 52-4-204, FOR THE FOLLOWING PURPOSE: d) A STRATEGY SESSION TO DISCUSS THE SALE OF REAL PROPERTY (INCLUDING ANY FORM OF WATER RIGHT OR WATER SHARES) IF (1) PUBLIC DISCUSSION OF THE TRANSACTION WOULD DISCLOSE THE APPRAISAL OR ESTIMATED VALUE OF THE PROPERTY UNDER CONSIDERATION OR PREVENT THE CITY FROM COMPLETING THE TRANSACTION ON THE BEST POSSIBLE TERMS, (2) THE CITY PREVIOUSLY GAVE NOTICE THAT THE PROPERTY WOULD BE OFFERED FOR SALE, AND (3) THE TERMS OF THE SALE ARE PUBLICLY DISCLOSED BEFORE THE CITY APPROVES THE SALE.
In Attendance: Council Members James Rogers, Kyle LaMalfa, Stan Penfold, Erin Mendenhall, Charlie Luke, and Lisa Adams.
Excused: Councilmember Luke Garrott
Staff in Attendance: Cindy Gust-Jenson, Executive Council Director; Ralph Becker, Mayor; David Everitt, Mayor’s Chief of Staff; Lehua Weaver, Council Policy Analyst; Sean Murphy, Council Policy Analyst; Boyd Ferguson, Senior City Attorney; Jeff Niermeyer, Public Utilities Director; and Cindi Mansell, City Recorder.
Councilmember Penfold moved and Councilmember Rogers seconded to enter into Closed Session to discuss the sale of real property (including any form of water right or water shares) pursuant to the provisions of Section 52-4-205 (1)(d) of the Open and Public Meetings Law. A roll call vote was taken. Council Members Rogers, Penfold, Adams, Mendenhall, LaMalfa, and Luke voted aye. Councilmember Garrott was not present during the closed session.
See File M 14-2 for Sworn Statement.
The Closed Session adjourned at 7:07 p.m.
The Work Session meeting adjourned at 8:24 p.m.
This document is not intended to serve as a full transcript as additional discussion may have been held; please refer to the audio for the entire content.
This document along with the digital recording constitute the official minutes of the City Council Work Session meeting held April 8, 2014.
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