The City Council met in Work Session on Tuesday, December 3, 2013, at 2:00 p.m. in Room 326, Committee Room, City County Building, 451 South State Street.
In Attendance: Council Members Carlton Christensen, Kyle LaMalfa, Luke Garrott, Jill Remington Love, Charlie Luke, Stan Penfold, and Søren Simonsen.
Staff in Attendance: Cindy Gust-Jenson, Executive Council Director; Jennifer Bruno, Council Deputy Director; David Everitt, Mayor’s Chief of Staff; Russell Weeks, Council Senior Policy Analyst; Lehua Weaver, Council Research/Policy Analyst; Margaret Plane, City Attorney; Rusty Vetter, Deputy City Attorney; Michael Akerlow, Housing and Neighborhood Development Director; Mary Beth Thompson, Revenue Analyst/Audit Manager; Neil Lindberg, Council Legal Director; Robin Hutcheson, Transportation Director; Julianne Sabula, Transportation/Transit Program Manager; Libby Saperstein, Council Constituent Liaison; Jan Aramaki, Council Policy Analyst; Nichol Bourdeaux, Housing and Neighborhood Development Deputy Director; Debra Alexander, Human Resource Director; Ryan McFarland, Property Manager; Maryann Pickering, Principal Planner; Amy Maloutas, Public Services Project Coordinator; Rick Graham, Public Services Director; Nick Norris, Planning Manager; Alden Breinholt, Public Services Operations Director; Wilford Sommerkorn, Planning Director; Ben Luedtke, Council Constituent Liaison/Policy Analyst; and Scott Crandall, Deputy City Recorder.
Councilmember LaMalfa presided at and conducted the meeting.
The meeting was called to order at 2:13 p.m.
AGENDA ITEMS
#1. 2:14:20 PM RECEIVE A BRIEFING REGARDING A PROPOSED SCOPE OF WORK FOR A TRANSIT MASTER PLAN FOR SALT LAKE CITY. The scope of work would be used to prepare a City-wide mass transit plan. View Attachments
Robin Hutcheson, Julianne Sabula, and Russell Weeks briefed the Council from attachments. Discussion included having land-use as a major plan component, examine existing land use/zoning, policy versus status quo assessment, maximize zoning along streetcar route, plans to update land-use maps/plans, place land-use issues before transportation issues, suggestions for modifying scope of work, and consider Council retreat goals.
Councilmember LaMalfa said suggestions to modify the scope of work included adding a land-use component and having a strong representation of Council goals.
#2. 2:27:57 PM RECEIVE A BRIEFING REGARDING THE PROPOSED GUIDELINES AND CRITERIA FOR A YOUTH ATHLETIC GRANTS PROGRAM. View Attachments The proposed grant program would be used by nonprofit 501(c)(3) teams, clubs and other athletic organizations to provide individual scholarships to Salt Lake City youth who meet certain income requirements. The program is designed to enable youth who may otherwise be unable to afford registration fees, uniform fees, etc. to enjoy the full benefits of athletic participation. The Council allocated $50,000 for the grant program as part of the Fiscal Year 2013-14 Budget.
Michael Akerlow, Libby Saperstein, Jan Aramaki, and Nichol Bourdeaux briefed the Council from attachments. Councilmember Love said clarification was needed to show the proposal’s intent was to assist underprivileged youth who wanted to participate competitively. Mr. Akerlow said the term “competitive” should be clearly defined in the resolution.
Councilmember Christensen asked how leagues would be notified about the availability of grants. Ms. Bourdeaux said there would be extensive public outreach including direct contact with schools. Councilmember Penfold asked staff to explore options for including this program as an annual appropriation.
The Council requested information regarding the filing status of 501(c)(3)s, non-profits, and other pertinent organizations prior to the next meeting.
#3. 2:40:41 PM RECEIVE A BRIEFING FROM THE ADMINISTRATION REGARDING A PROPOSAL TO PROVIDE A DAY CARE CENTER FOR CITY EMPLOYEES' FAMILY MEMBERS. View Attachments
Jan Aramaki, Rick Graham, and Debra Alexander briefed the Council from attachments. Discussion included potential locations, transit access, fee schedules, cost comparisons, explore partnerships with County/State, capital cost recovery, employee survey results, part-time service, attracting new employees, and design program for specific needs.
Councilmember Christensen asked the Administration to explore the potential to share facilities with Salt Lake County and Utah State (specifically for Public Utility and Airport employees). Councilmember Simonsen requested that transit access be studied as part of the process.
Ms. Alexander said more exploration/analysis was needed before decisions were made. Councilmember LaMalfa asked if Council Members had any objections to moving forward. No objections were raised.
#4. 3:02:31 PM RECEIVE A BRIEFING ON THE ADMINISTRATION'S REVIEW OF ADMINISTRATIVE FEES THAT ARE CHARGED BY DEPARTMENTS, AND AN ANALYSIS OF ITEMS THAT SHOULD BE INCLUDED ON THE CONSOLIDATED FEE SCHEDULE (CFS). View Attachments The discussion about the review began during the Council's annual budget briefings in May, and the Administration has identified a schedule to review fees and charges department by department.
Mary Beth Thompson and Lehua Weaver briefed the Council from attachments. Discussion included transparency, director adjusted fees, process for reviewing fee changes, automatic fee adjustment, consumer price index, adjust fees on a rotating basis, cost justification for certain fees, policy decisions about cost recovery issues, delegation of authority, fees appear arbitrary, and addressing constituent complaints.
Councilmember Christensen said the CFS needed to be transparent and suggested including, to the extent possible, the parameters about how fees were determined (including those approved by City directors). He said a mechanism was needed where fees would be reviewed annually or as needed but the process needed to be handled separate from the main budget.
Ms. Gust-Jenson said when the information gathering project was complete, a policy discussion was needed. She said there was a potential for numerous policy decisions.
Councilmember LaMalfa said he prepared a letter encouraging the Administration to continue working on this project and asked if there was Council support. All Council Members were in favor. He said the letter would be revised to include comments made during the briefing.
Discussion was held on reoccurring tent set-up fees for special events. Ms. Thompson said she would get clarification from the Fire Department regarding requirements for fire retardant tents/cooking facilities.
#5. 3:27:17 PM RECEIVE A BRIEFING FROM THE ADMINISTRATION REGARDING A PROPOSED INTERLOCAL AGREEMENT WITH THE UTAH TRANSIT AUTHORITY (UTA), RELATING TO THE OPERATIONS OF THE SUGAR HOUSE STREETCAR. View Attachments
Russell Weeks, Rusty Vetter, Robin Hutcheson, David Everitt, Michael Akerlow and Neil Lindberg briefed the Council from attachments. Mr. Weeks said attachments included a letter from the Administration to UTA facilitating the streetcar opening until an interlocal agreement was formally approved and two statements from the Attorney’s Office which could potentially be included in the agreement.
Comments on the proposal included giving legislative bodies the ability to review significant issues/policy changes, utilizing impact fees for bond payments, corridor governance, function/responsibilities of the executive board, multiple corridor owners/partners, additional UTA funding requests, unique agreement/circumstances, further define policy issues, impact of defining the greenway as a park, clarify meaning of legislative policy making, and determine a check-in process (potentially quarterly) where legislative bodies could provide input.
Councilmember Christensen requested analysis regarding utilization of impact fees for bond payments and potential circumstances that might require the greenway to be defined as a park. He then recused himself (approx. 3:44 p.m.) due to potential conflicts relating to County issues.
Councilmember LaMalfa asked if the UTA letter was sufficient to protect the City from liability until a formal agreement was approved. Mr. Vetter said yes.
Straw Polls:
•A majority of the Council was in favor of including language in the agreement to provide a check in process/update and include the “two” statements prepared by the Attorney’s Office.
•A majority of the Council was in favor of having the City’s legal staff prepare language (by next week) outlining what constituted a “policy” issue that would trigger review and/or amendment by legislative bodies.
#6. 4:50:22 PM RECEIVE A BRIEFING REGARDING AN ORDINANCE THAT WOULD CLOSE A PORTION OF CITY-OWNED ALLEY SITUATED MIDBLOCK BETWEEN WILMINGTON AVENUE AND SIMPSON AVENUE AND BETWEEN 800 EAST AND 900 EAST. The proposal would close the alley to vehicle traffic and allow the City to complete trails, landscaping and other improvements related to the Sugar House Streetcar and Parley’s Trail. (C2) (Petition No. PLNPCM2013-00119) View Attachments
Russell Weeks, Ryan McFarland, Maryann Pickering, and Nick Norris briefed the Council from attachments. Councilmember LaMalfa said the proposal was on the formal agenda for consideration.
#7. 4:53:29 PM RECEIVE A BRIEFING REGARDING A PROPOSAL TO PURCHASE OPEN SPACE PROPERTIES IN VARIOUS LOCATIONS THROUGHOUT THE CITY, A PROPOSED FUNDING OF A NATURAL LANDS MANAGEMENT PLAN, AND THE DEMOLITION OF TWO STRUCTURES. These purchases and expenses would come from the Open Space bond funds. View Attachments
Lehua Weaver and Amy Maloutas briefed the Council from attachments.
Straw Polls:
•Utilizing bond funding ($40,000) for proposed demolitions. Council Members Christensen, Garrott, LaMalfa, and Simonsen were in favor. Council Members Luke, Love, and Penfold were opposed.
•Support for proposed Open Space Management Plan. All Council Members were in favor, except Councilmember Love, who was opposed.
•Support acquisition of all proposed parcels except those owned by Salt Lake County. All Council Members were in favor.
Note: Councilmember Christensen recused himself (approx. 5:18 to 5:21 p.m.) due to potential conflicts relating to County issues.
•Support acquisition of County owned parcels. All Council Members were in favor, except Councilmember Christensen, who was recused.
Discussion was held on exploring the ability to annex Parley’s Historic Nature Park into the City. Ms. Maloutas said staff needed to analyze constraints/opportunities and would present something to the Council at a future date.
Councilmember Simonsen said as acquisitions were finalized, he wanted to include a legislative intent that the City move forward with exploring annexation options.
#8. 5:23:27 PM RECEIVE A BRIEFING FROM THE ADMINISTRATION REGARDING IDEAS AND INFORMATION ABOUT IMPROVING SNOWPLOWING ON SALT LAKE CITY STREETS. View Attachments
Russell Weeks and Alden Breinholt briefed the Council from attachments. Discussion included choosing guidelines/strategy, conduct pilot program/analyze feedback, no enforcement during test phase, cost/benefit analysis, sacrifice required by residents, special consideration for areas with special/difficult parking needs, focus on safety issues/clear sidewalks, and consider not plowing every street.
Mr. Breinholt said his staff planned to analyze public comments/data and determine options for moving forward. He said comments from tonight’s meeting would be taken into consideration.
Council Members expressed interest in having the Administration choose specific areas for test pilot programs (no enforcement during test phase) before implementing something citywide.
#9. 6:19:48 PM INTERVIEW CATHY LIU PRIOR TO CONSIDERATION OF HER APPOINTMENT TO THE TRANSPORTATION ADVISORY BOARD. (H1)
Councilmember LaMalfa said Ms. Liu’s name was on the Consent Agenda for formal consideration.
#10. 6:24:10 PM INTERVIEW ROBERT RENDON PRIOR TO CONSIDERATION OF HIS APPOINTMENT TO THE HOUSING TRUST FUND ADVISORY BOARD. (H2)
Mr. Rendon was not available to be interviewed.
#11. 6:24:18 PM INTERVIEW ROBERT A. YOUNG PRIOR TO CONSIDERATION OF HIS APPOINTMENT TO THE CITY AND COUNTY BUILDING CONSERVANCY AND USE COMMITTEE. (H3)
Mr. Young was not available to be interviewed.
#12. 6:24:26 PM INTERVIEW CAROLYNN HOSKINS PRIOR TO CONSIDERATION OF HER APPOINTMENT TO THE PLANNING COMMISSION. (H4)
Councilmember LaMalfa said Ms. Hoskin’s name was on the Consent Agenda for formal consideration.
#13. 8:04:30 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 13-5 for announcements.
#14. REPORT OF THE CHAIR AND VICE CHAIR.
No discussion.
#15. 6:32:20 PM CONSIDER A MOTION TO ENTER INTO CLOSED SESSION, IN KEEPING WITH UTAH CODE § 52-4-204(a) DISCUSSION OF THE CHARACTER, PROFESSIONAL COMPETENCE, OR PHYSICAL OR MENTAL HEALTH OF AN INDIVIDUAL AND UTAH CODE § 78B-1-137, ATTORNEY-CLIENT MATTERS THAT ARE PRIVILEGED.
Councilmember Simonsen moved and Councilmember Luke seconded to enter into closed session to discuss attorney-client matters and character/professional competence of an individual. A roll call vote was taken. All Council Members voted aye. See File M 13-2 for Sworn Statement.
In Attendance: Council Members Carlton Christensen, Kyle LaMalfa, Luke Garrott, Jill Remington Love, Charlie Luke, Stan Penfold, and Søren Simonsen.
Others in Attendance: Cindy Gust-Jenson, Executive Council Director; Neil Lindberg, Council Attorney; Jennifer Bruno, Council Executive Deputy Director; and Margaret Plane, City Attorney.
The closed session adjourned at 7:05 p.m.
#16. 8:10:44 PM RECEIVE A BRIEFING REGARDING THE COMMON PRACTICES OF BUS SHELTER ADVERTISING PROGRAMS IN OTHER CITIES AND THE RELEVANT LEGAL ISSUES TO CONSIDER WHEN ESTABLISHING A TRANSIT ADVERTISING POLICY. View Attachments
Neil Lindberg, Ben Luedtke, Robin Hutcheson, and Wilford Sommerkorn briefed the Council from attachments. Discussion included common practices, legal issues, reclassify public space as non-public, court data, liability/free speech issues, public/private partnerships, analyze public needs, utilize data generated by UTA, use advertising revenue to fund other transit programs, visual pollution, private property issues, public versus private entities, contracting issues, advertising policy for public spaces, operation/maintenance costs, potential lawsuits, leverage UTA funding, pedestrian safety devices, transit plan scope/goals/amenities, and hiring a consultant.
Council Members expressed interest in accepting the eight funded proposals offered by UTA, evaluate free speech/advertising issues, identify appropriate bus stop locations including stops with advertising, explore additional funding opportunities/partnerships, review zoning restrictions associated with public right-of-way construction, identify ongoing maintenance costs, and work concurrently with the citywide transit plan process. Councilmember Simonsen said he wanted to clarify this program was not just for bus shelters but included benches, platforms, snow/trash removal, etc.
A majority of the Council was in favor of having Council staff collaborate with Planning/Transportation to indentify barriers/resources to develop a scope of work for a consultant to create a bus amenities program.
#17. 5:52:14 PM RECEIVE A BRIEFING TO REVIEW PENDING AMENDMENTS TO THE COUNCIL’S POLICY MANUAL, INCLUDING FORMALIZING THE PROCESS FOR IDENTIFYING A COUNCIL SPONSOR FOR ADMINISTRATIVE TRANSMITTALS, THE COMPOSITION OF THE COUNCIL’S LEGISLATIVE SUBCOMMITTEE, THE DUTIES AND ROLES FOR THE CONSTITUENT LIAISON POSITION ON THE STAFF, AND SOME HOUSEKEEPING CHANGES. View Attachments
Lehua Weaver briefed the Council from attachments. She said a number of issues still needed to be addressed with the Attorney’s Office/Human Resources and would be brought back to the Council. She said off-leash dog parks and street lighting issues were sponsored by outgoing Council Members and needed new sponsors.
Councilmember Simonsen expressed interest in adding language that would give deference to Council Members who proposed legislative intent/actions. Ms. Weaver said additional direction was needed on how to handle situations where a Councilmember wanted to co-sponsor an item that already had a sponsor. She asked if the Councilmember would be able to volunteer or would they need to be asked or approved by the original sponsor. Ms. Gust-Jenson said this was a complex policy issue which would probably require several reiterations.
Councilmember Penfold expressed concern about the language in Section E “Converting Homes to Businesses” and suggested modifying the language to say something like “except where otherwise dictated by masterplans, etc.”
Straw Poll:
Support to adopt proposed policy updates including Councilmember Simonsen’s request that deference be given to Council Members who initiated a legislative intent/action and some proposed policy/intent language needed further staff analysis/Council discussion. All Council Members were in favor except Councilmember Love who was absent for the vote.
The meeting adjourned at 8:57 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 December 3, 2013.
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