The City Council met in Work Session on Tuesday, August 12, 2014, at 11:00 a.m. in Room 326, Committee Room, City County Building, 451 South State Street.
In Attendance: Council Members, Kyle LaMalfa, Erin Mendenhall, Charlie Luke, Lisa Adams, Luke Garrott, and Stan Penfold.
Absent: Councilmember James Rogers.
Staff in Attendance: Cindy Gust-Jenson, Executive Council Director; Jennifer Bruno, Executive Council Deputy Director; David Everitt, Mayor’s Chief of Staff; Boyd Ferguson, Senior City Attorney; Gina Chamness, Finance and Budget Director; Nick Tarbet, Council Policy Analyst; Russell Weeks, Council Senior Policy Analyst; Nick Norris, Planning Manager; Sean Murphy, Council Public Policy and Budget Analyst; Michael Akerlow, Housing and Neighborhood Development Director; Todd Reese, Parks and Public Lands Director; Robin Hutcheson, Transportation Planning Director; Jeff Snelling, City Engineer; Lynn Jarman, Engineering Financial Analyst; Tim Doubt, Deputy Police Chief; Kurt Cook, Fire Chief; Everitt Joyce, Senior Planner; and Scott Crandall, Deputy City Recorder.
Guests in Attendance: Jude Rubadue, 564 East 3rd Avenue Petitioner; Bruce Baird, Legal Counsel/Avenues Bistro tenant; and Wade Budge, representing Petitioner.
Councilmember Luke presided at and conducted the meeting.
The meeting was called to order at 11:15 a.m.
AGENDA ITEMS
#1. 11:15:39 AM HOLD A FOLLOW UP DISCUSSION ON THE MAYOR’S RECOMMENDED BUDGET RELATING TO THE CITY’S CAPITAL IMPROVEMENT PROGRAM (CIP) FOR FISCAL YEAR 2014-2015. Capital improvements involve the construction, purchase, or renovation of buildings, parks, streets, or other physical structures. Generally, projects have a useful life of five or more years and cost $50,000 or more. View Attachments
Sean Murphy, Michael Akerlow, Todd Reese, David Everitt, Gina Chamness, Robin Hutcheson, Jeff Snelling, Lynn Jarman, Tim Doubt, and Kurt Cook briefed the Council with attachments. General discussion was held on Poplar Grove Park improvements, Cemetery Master Plan (Phase II), Liberty Park maintenance, Sugar House Fire Station No. 3 (joint bureau), and utilizing new property tax growth.
Councilmember LaMalfa expressed concern about the engineer’s estimate ($611,685) for curb/gutter extension between 200 South and North Temple and suggested removing it until costs could be reviewed.
Discussion on cemetery improvements included making restrooms available to the public during winter months. Councilmember Penfold expressed interest in exploring the potential to incorporate the restroom project in the cemetery’s long-term master plan process. Mr. Akerlow said he would get back to the Council. (Item flagged for further discussion)
Discussion was held on the potential for a joint Police/Fire Station in Sugar House. Mr. Akerlow said proposed funding was for design which included a community room and office for police. Deputy Chief Doubt said there were already a number of substations throughout the City. Further discussion included substations not being staffed, public perception, bike patrols, police visibility in neighborhoods, consolidating services, and issues regarding neighborhood presence/metro.
Councilmember Penfold said metro was a specific direction being taken by the Police Department and requested a full briefing so everyone would be clear on what that entailed.
Straw Poll: Council support that the fire station design would include a police component (community room/office). All Council Members present were in favor.
Discussion was held on the following CIP categories/projects. Note: No questions/concerns were raised on other items listed in attachments.
Debt Service
Mr. Akerlow said debt service items were approved as part of the budget.
Set Asides
Item 1 – Capital Asset Management (CAM): Mr. Akerlow said the remaining balance (approximately $500,000) would be used for debt service on future projects. Mr. Everitt said Council approval was needed before funds could be expended from this account. (Item flagged for further discussion)
Item 3 – Percent for Art: Councilmember Penfold said he was not aware there was flexibility in the “Percent for Art” account and thought the policy was to spend one percent. He asked if the remaining balance had been encumbered for specific projects or was available for future applications. He said a stronger policy was needed on how “Percent for Art” funding was allocated across construction projects. Mr. Akerlow said Engineering incorporated art in their design costs and would provide the Council with more details about the program.
Deferred Maintenance Projects
Item 9 – Deferred Replacement Tree Planting: Councilmember Penfold asked if the intent was that a new tree would be planted for every one removed. Councilmember Mendenhall requested information about the difference from last year’s funding. (Item flagged for further discussion)
Tier 1 Category
Item 11 – Pioneer Park improvements: Councilmember Penfold said proposed funding might be inadequate to complete the project. Mr. Akerlow said he would provide additional information.
Item 15 - Sidewalk Rehabilitation: Concrete Sawing and Slab Jacking FY2014-15 – Citywide: Councilmember Garrott requested information about how the City could better facilitate enhancements/repairs on State roads. Councilmember Luke expressed concern about trees being removed and wanted the City to continue saw-cutting/slab jacking instead.
Item 16 – Local Street reconstruction FY2014-15: Discussion was held on creating a policy where the worst streets in the City would be replaced first. Councilmember LaMalfa said this would only apply to streets that were unsalvageable and needed complete reconstruction. Councilmember Luke said he supported the concept but expressed concern about the impact of changing policy midstream. Mr. Snelling said during the upcoming year, his department would explore ways to revamp the entire pavement management strategy. He said a proposal would be prepared for Council consideration.
Straw Poll: Council support to prioritize the $750,000 so that local streets that were in the worst condition were done first. A majority of the Council was in favor. Councilmember Luke requested a follow-up briefing on how the department planned to move forward prior to next year’s budget/CIP discussions. (Item flagged for further discussion)
Item 20 – Six traffic signal upgrades: Councilmember Garrott requested information on which signals would be upgraded.
Item 23 – Cemetery N Street restroom: Item flagged for further consideration based on earlier discussion.
Item 24 – Urban Forestry Management Plan Phase II, Citywide: Councilmember Garrott asked when the Council could expect to see this. Mr. Akerlow said he would provide information.
Item 29 – University to Downtown bikeway, 300 South 600 West to University Street: Councilmember Garrott requested specifics about the proposal. An explanation was provided by Ms. Hutcheson. (Item flagged for further discussion)
Item 31 - Sidewalk and ADA Ramps/Corners within Liberty Wells: Councilmember Garrott requested detailed information regarding the number of non-compliant ADA corners Citywide and where the department was at in addressing the backlog. (Item flagged for further discussion)
Tier 2 Category
Item 36 – Parleys Historic Nature Park Restoration, Phase II: Councilmember Garrott requested a detailed description. (Item flagged for further discussion)
Item 37 – ADA park playground surface replacement: Councilmember Adams asked if all sand areas would be replaced with other materials. Mr. Akerlow said he would get more information.
Item 39 – Sunnyside complete streets improvements: Councilmember Garrott said he thought this was related to the Trans-Valley Corridor and requested information about last year’s funding. Ms. Hutcheson said $350,000 was spent on improved pedestrian crossings (900 East to Foothill) and $800,000 for a multi-use path (Guardsman to Foothill). She said a more detailed study regarding the Trans-Valley Corridor (TVC) would be done before the next CIP process. Councilmember Garrott requested information on the overall cost of the TVC. Ms. Hutcheson said that would be difficult to accomplish without having a segment-by-segment strategy in place. Ms. Gust-Jenson said staff was working with the Administration to prepare a briefing (in September) that would give the Council a comprehensive view of all trail projects that were either in planning or implementation stages.
Item 45 – 21st and 21st Street Enhancement Project, Phase I: Councilmember Garrott said he wanted to fund this through the City’s Planning Division and have them work with development issues so the City did not end up with major developments without a master plan. Councilmember LaMalfa said this area was a Council priority last year. Discussion was held on having the Planning Department work closely with current/future development and address master plan issues. Concern was expressed about duplicating efforts with East Bench and Sugar House master plans. (Item flagged for further discussion). Mr. Akerlow said he would contact Planning.
Item 46 – Library Square wedge planter replacement: Councilmember Garrott requested additional information including water usage and deferred maintenance costs.
Tier 3 Category
Item 48 – Poplar Grove, Swede Town, and ADA playground improvements:
Councilmember LaMalfa said the Jordan River/900 South corridors were completely overrun with bad aesthetics and wanted to divert proposed funding to address weed/open space blight. Straw Poll: All Council Members present were in favor of the suggestion.
Item 56 – Fairmont Park tennis court relocation improvements: Councilmember Adams said no tennis courts were available in District 7. Councilmember Garrott said the Council could send a policy message by funding the proposal. Councilmember LaMalfa said the City put $3 million in tennis courts last year and expressed concern about current demand. He suggested delaying action until the City completed its comprehensive recreational study/analysis.
New Item - Councilmember LaMalfa: $300,000 request to fund branding campaigns to generate excitement/interest at various nodes along the TVC. Councilmember LaMalfa said the connection ran along the TVC between 9th/9th East and 9th/9th West. He said he envisioned the scope of work to be similar to the Central 9th project. Discussion included enhanced internal branding efforts, potential for matching funds, $100,000 contribution from CIP, and $100,000 from the Redevelopment Agency (RDA). Councilmember Penfold said he would explore the RDA’s ability to contribute to the proposal. Ms. Gust-Jenson said she would verify whether the City’s contribution could come entirely from CIP. Councilmember Penfold suggested using a different name than TVC.
Straw Poll: Council support giving staff direction to continue working on the concept with a $200,000 funding level (contribution sources to be determined). A majority of the Council was in favor. Councilmember Luke said this action was not allocating funds, just giving staff direction to explore/compile information for a follow-up briefing.
Councilmember Luke asked if Council Members had any other issues they wanted to address. No issues were raised. Councilmember Luke said nine items were flagged for additional discussion. He said his intent was to finalize CIP on September 2, 2014 which would give staff time to follow-up on items that needed further discussion/clarification and determine the remaining amount of revenue to be allocated.
#2. 6:27:00 PM RECEIVE A WRITTEN BRIEFING ON A PROPOSAL TO INSTALL BENCHES THROUGHOUT DISTRICT FOUR IN COMMEMORATION OF THE 2002 WINTER OLYMPICS. In 2003 each Council district was given $100,000 for Olympic Legacy Projects that would make long-term physical improvements to the community. There is still $60,000 available for projects in District Four neighborhoods. View Attachments
Councilmember Garrott asked for Council approval to spend approximately $65,000 remaining in his Olympic Legacy account. Straw Poll: A majority of the Council was in favor. Ms. Gust-Jenson said the item would be placed on an upcoming agenda for formal consideration.
#3. RECEIVE A WRITTEN BRIEFING ON A PROPOSED INTERLOCAL AGREEMENT UNDER WHICH THE CITY WOULD PURCHASE ABOUT AN ACRE OF PROPERTY NEAR THE JORDAN RIVER FROM THE COUNTY. The six parcels are located at 1754 South 1045 West and have connections to existing trails. Under the proposal, the City would use about $3,000 of the Open Space Bond Fund for the acquisition, and $3,300 in annual maintenance going forward. View Attachments
Written briefing/no discussion.
#4. RECEIVE A WRITTEN BRIEFING ON A PROPOSAL THAT WOULD AMEND THE CITY’S AGREEMENT WITH INTSEL WEST PROPERTIES FOR INDUSTRIAL DEVELOPMENT REVENUE BONDS ISSUED IN 2008. Under the proposal, the interest rate would be amended from the current rate of 5.06 percent to 3.55 percent. The amendment would not change the structure or nature of the bonds, which are not considered the obligation of the City. The bond proceeds were used for the rehabilitation of an existing building and construction of a new building at property located at 1887 South 700 West. View Attachments
Written briefing/no discussion.
#5. 4:59:36 PM HOLD A DISCUSSION REGARDING CONSIDERATION OF AMENDING THE GROUND TRANSPORTATION ORDINANCE. View Attachments
David Everitt and Russell Weeks briefed the Council with attachments. Comments included utilize comprehensive approach, work with stakeholders on insurance issues, pier-to-pier shared ride services, indemnification issues, safety regulation enforcement, personal vehicles used for commercial purposes, accommodate people with disabilities, ensure everyone operates under same rules, eliminate $30 minimum charge and 30-minute pre-arrangement requirement, Administration open to other options, provide alternative transportation options, accommodate existing taxi providers, background checks, legalize operators/providers, explore rideshare programs in other jurisdictions, conservative approach, equity issues, and review regulations for contracted taxi providers.
Councilmember Luke asked Council Members to review the proposed ordinance/documents prior to the September 16, 2014 meeting.
#6. 5:20:19 PM RECEIVE A FOLLOW-UP BRIEFING ABOUT THE GOLF FUND’S LONG-TERM FINANCIAL ISSUES, AND WILL DISCUSS WITH THE ADMINISTRATION POTENTIAL OPTIONS FOR OPERATING SCENARIOS TO HELP MAKE THE GOLF FUND FINANCIALLY SELF-SUSTAINING. View Attachments
Jennifer Bruno and Gina Chamness briefed the Council with attachments. Comments included selling portions of courses to the City for open space, address short/long-term issues, ongoing maintenance costs for converted property, accurate maintenance numbers needed, no development within 150-feet of riparian areas, and utilize riparian acquisition fund.
Discussion was held on obtaining a loan from the General Fund to address 2014/2015 budget shortfalls. Ms. Bruno said the 2014 shortfall was an important issue that needed to be resolved. Ms. Chamness said based on State statute, it was unclear whether the City could retroactively fix the 2014 shortfall through land sales and the Administration was still working through logistics. Councilmember Luke said until additional information was available, the Council would delay taking a straw poll.
Discussion was held about forming a group/committee to review information, public ideas/proposals, and make recommendations to the Council. Comments included hiring outside professionals, Council Members not qualified to analyze/judge information/proposals, any acceptable proposal would not require a General Fund subsidy, too many committees, clarify parameters of Council intent, utilize Council guiding policy principles, staff time required to review/facilitate data, and utilize a different name than “Blue Ribbon Committee”.
Straw Poll: Council support to establish a committee/task force that would vet various proposals/ideas. A majority of the Council was in favor.
Discussion held on specialized consulting work included independent consultant to review municipal budget operations, combine task force/committee efforts with independent consultant, allow Westminster students to prepare business plans (school grant) for City courses, plans needed to operate under enterprise fund, consultant to be point-of-contact for community groups/proposals, and consultant to facilitate the process and evaluate ideas.
Straw Polls:
•Council support to keep some form of the facilitation process in house. A majority of the Council was in favor. Councilmember Luke asked staff to come back to the Council with ideas on how to manage facilitation. Ms. Bruno said one important aspect was to map a timeline to meet the February 1, 2015 deadline.
•Council support to utilize one of the consulting firms currently on contract with the Council Office. A majority of the Council was in favor.
•Council support to move forward with allowing Westminster students to prepare business plans and work with Council staff and new consultant including reporting back to the task force/committee. A majority of the Council was in favor.
Discussion was held on the Davis County golf operations model including incentivizing golf pros as entrepreneurs to market courses. A majority of the Council was in favor of keeping the item open in order to review any proposals that might be presented.
Discussion was held on public/private partnerships for capital improvements. Councilmember Luke said the City had an ordinance regarding sponsorship/naming rights which made it possible for someone to make a contribution and utilize naming rights. He said the public needed to be made aware of that opportunity.
Discussion was held on the February 1, 2015 deadline. Ms. Bruno said the Council might want to discuss a contingency plan in case the February 1st deadline could not be met. Councilmember Luke said the Council needed to continue to move forward based on the February 1st deadline. Councilmember Garrott said the Council needed to stay with its initial policy direction to not close courses until a plan was in place. He said he did not want the deadline to force the Council off track.
Discussion was held on the “calendar of events and decisions needed” category. Comments included timeline revisions, review revised policy statements, determine if “junior/senior fees were considered a discount”, ordinance states “only one discount per transaction allowed”, $1 per round fee increase, “demand pricing model” concept could be part of business plans, demand pricing data would not be available until next year, timeline for “public call for ideas”, and adding questions to the City-wide biannual poll.
Straw Polls:
•Council support that junior/senior fees were not considered discounts. A majority of the Council was in favor.
•Council support for revised guiding policy principals. All Council Members present were in favor, except Councilmember Garrott, who was opposed. Councilmember Garrott expressed concerns about the statement regarding “avoiding commercial development on open space”. He said he felt the “edges” of some golf courses could be developed without changing golf operations and the Council should be open to that because there were large capital needs the City had to meet.
Discussion was held on public opinion ballot, data already available through existing polls, and the County’s 2012 parks needs assessment survey. Councilmember Adams said she wanted to revisit a previous straw poll regarding the public opinion ballot. Straw poll: Council support to take the opinion ballot off the table. All Council Members present were in favor.
Ms. Bruno said staff would compile a timeline for the “Public Call for Ideas” concept which could be reviewed by Council during the next golf discussion. She said questions could still be added to the City-wide biannual poll and asked Council Members to coordinate with staff.
#7. 4:38:42 PM RECEIVE A BRIEFING ON A PROPOSAL THAT WOULD ALLOW OUTDOOR DINING FOR NONCONFORMING RESTAURANTS AND OTHER SIMILAR USES THROUGH THE CITY’S SPECIAL EXCEPTION PROCESS PURSUANT TO PETITION NO. PLNPCM2014-00106. Currently, nonconforming restaurants are not allowed to have outdoor dining. The petitioner is requesting these amendments in order to allow outdoor dining in conjunction with a legal nonconforming restaurant at approximately 564 East 3rd Ave. All nonconforming restaurants citywide would be affected. Related provisions of Title 21A, Zoning, may also be amended as part of this petition. (Petitioner – Jude Rubadue)(H1) View Attachments
Everitt Joyce, Nick Tarbet, Nick Norris, Jude Rubadue, Bruce Baird, and Wade Budge briefed the Council with attachments.
Councilmember Luke said the proposal was on the Consent Agenda to set a public hearing for September 2, 2014.
#8. 6:24:21 PM 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. View Attachments
See file M 14-5 for announcements.
#9. REPORT OF THE CHAIR AND VICE CHAIR.
Item not held.
#10. (TENTATIVE) CONSIDER A MOTION TO ENTER INTO CLOSED SESSION, IN KEEPING WITH UTAH CODE §52-4-205 FOR ANY ALLOWABLE PURPOSE.
Item not held.
The Work Session adjourned at 6:27 p.m.
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.
This document along with the digital recording constitute the official minutes of the City Council Work Session meeting held August 12, 2014.
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