July 9, 2013

The City Council met in Work Session on Tuesday, July 9, 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, Executive Council Deputy Director; David Everitt, Mayor’s Chief of Staff; Karen Halladay, Council Policy Analyst; Russell Weeks, Council Senior Policy Analyst; Janice Jardine, Council Policy Analyst; Lehua Weaver, Council Research/Policy Analyst; Nick Tarbet, Council Policy Analyst; Amber McClellan, Council Liaison; Sherrie Collins, Special Project Grants Monitoring Specialist; Mike Akerlow, Housing and Neighborhood Development Director; Margaret Plane, City Attorney; Gina Chamness, Budget Director; Robin Hutcheson, Transportation Director; Rick Graham, Public Services Director; John Naser, City Engineer; Eric Shaw, Community and Economic Development Director; Greg Davis, Public Services Finance Director; David Childress, Fleet Management Director; Gordon Hoskins, Chief Financial Officer; Alden Breinholt, Operations Division Director; Bill Haight, Chief Information Officer; Wilford Sommerkorn, Planning Director; Elizabeth Buehler, Principal Planner; John Anderson, Principal Planner; Joel Paterson, Planning Manager; Nick Norris, Planning Manager; Ray Milliner, Principal Planner; Orion Goff, Building Services Director; Cory Lyman, Emergency Management Program Director; and Cindi Mansell, City Recorder.

Others Present:  Heidi Walker, Salt Lake Chamber Chief Operating Officer

  Ryan Evans, V.P. of Business and Community Relations    

  Steven Rosenberg, Liberty Heights Fresh Petitioner

  Peter Erickson, Epic Brewing Petitioner

     Councilmember LaMalfa presided at and conducted the meeting.

The meeting was called to order at 2:09 p.m.

AGENDA ITEMS

     #1.  RECEIVE A BRIEFING REGARDING NAMING THE MID-BLOCK PEDESTRIAN CROSSING NEXT TO THE NEW PUBLIC SAFETY BUILDING. The crossing runs between 400 and 500 South and 300 East and Blair Street (357 East). Mayor Becker’s Administration conducted a public contest to name the walkway. The winning entry, as decided by a committee, is “People’s Way.”  View Attachment

Written Briefing Only.

     #2.  2:09:37 PM RECEIVE A BRIEFING FROM LANE BEATTIE, PRESIDENT AND CHIEF EXECUTIVE OFFICER, AND HEIDI WALKER, CHIEF OPERATING OFFICER, OF THE SALT LAKE CHAMBER REGARDING TOPICS OF MUTUAL INTEREST WITH SALT LAKE CITY. This is one in a series of briefings from partnership organizations that will be scheduled in 2013 by the City Council. View Attachment

     Heidi Walker and Ryan Evans briefed the Council regarding their programs and relationship with Salt Lake City.  Discussion followed regarding sister cities and international relationships, participation in boards, cultural exchange, diplomacy, recognizing the many cultures, defining and facilitating relationships with small business owners.  Inquiry was raised regarding the U of U Business School and how to compliment their programs, with Mr. Evans stating there was no desire to duplicate efforts. 

     #3.  2:30:50 PM DISCUSSION ON ITEMS THAT STILL NEED COUNCIL SPONSORS BEFORE THEY WILL BE CONSIDERED.  View Attachment

     Councilmember LaMalfa said previously, policy was established to identify a Council sponsor for agenda items.  The Council discussed the purpose of the sponsorship, with Councilmember LaMalfa stating the expectation was to increase communication between Administration and the Council, add transparency, and include a name next to agenda items with the hope there was understanding/education relating to that specific issue.  The items were sponsored as noted:

•    Open Space Lands Program Amendments – Councilmember Christensen

•    Zoning Text Amendment:  Community Gardens in the OS Open Space Zone – Councilmember Simonsen

•    Zoning Text Amendment:  Permitted and Conditional Use revisions – Councilmember Love

•    Cemetery Amendments – Councilmember Penfold

•    Zoning Text Amendment:  Transportation Demand Management (Sustainability Code project) – Councilmember Simonsen

•    Off Leash Dog Parks – Councilmember Simonsen

•    Ordinance:  Recognition of Community Based Organizations – Councilmember Love

•    Animal Services Ordinance Amendments:  Vicious Dogs and Dog Tethering Restrictions – None

•    Update on Regional Athletic Complex – Councilmember Christensen

•    Sustainability Fund Business Plan – None

•    Ordinance:  Employee Disaster Leave Ordinance – Councilmember Christensen

•    Sustainable Salt Lake 2015 Plan – Councilmember Penfold

•    Parking Enforcement Culture Change – Councilmember LaMalfa

•    Amend City Code, Section 15.30.010, Smoking Prohibited in City Parks, Recreation Areas, Cemeteries, and Certain Other Locations and near Mass Gatherings – PSB – Councilmember Love

•    Plan Salt Lake Master Plan Process – Everyone

•    UTA Network Study – Councilmember Simonsen

•    Downtown Master Plan Process – Councilmember Simonsen

•    Zoning Text and Map Amendments – West Temple/Gateway Form-Based Zone Project – Sponsor not Needed

•    Zoning Text Amendment:  Demolition of accessory structures in the Historic Preservation Overlay District – Councilmember Penfold

Councilmember Luke explained he was uncomfortable serving as a sponsor without having any type of understanding to the issues.  Councilmember Penfold said it would be helpful if Administration made the sponsor request early in the process to enable better understanding.  Discussion followed regarding the policy, with concern expressed that sponsorship does not guarantee early involvement of the Council, land use requests did not require a Council sponsor nor would various items by nature.  It was said the procedure could be modified moving forward if needed.

     #4.  3:06:01 PM RECEIVE A FOLLOW-UP BRIEFING RELATING TO THE CITY’S CAPITAL IMPROVEMENT PROGRAM (CIP). 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 Attachment

     Jennifer Bruno, Mike Akerlow, and Nick Tarbet briefed the Council.  Councilmember LaMalfa referenced the proposed tax increase and said Staff had put together a presentation that identified the four main areas that had deferred maintenance problems.  Under each area were different themed scenarios to spend the money within Streets, Parks, Transportation, and Facilities.  Utilizing the policy framework to rank and identify projects, Council direction was needed as to how these funds were spent in general.  Discussion followed regarding project criteria or a tool by which to judge the 60+ projects submitted and determine how to allocate funding as well as other projects that were not yet on the list. 

     Ms. Bruno addressed overall project criteria; shovel ready; inclusion in the 10-year CIP; extending the useful or economic life of an existing asset; saving money in the long run; project was supported by objective information/analysis; less costly alternatives evaluated; provides equal service city-wide; and reduces the City’s potential liability.  

     Ms. Bruno reviewed value-added project criteria:  support the Council’s philosophy statements; number of people served (overall project impact); leveraging non-general fund CIP funds; sustainability goals and objectives; historic preservation goals and objectives; and public process.

     #5.  4:25:49 PM RECEIVE A BRIEFING FROM THE ADMINISTRATION REGARDING PLAN SALT LAKE – A CITYWIDE PLAN THAT WILL BE USED TO GUIDE THE CITY FOR THE NEXT 20 YEARS. The plan will consider multiple planning topics, including: Housing, Transportation, Recreation and Open Space, Economic Development, Education, Arts and Culture, Urban Design, Institutions, Land Use, Neighborhoods, Resources and Infrastructure. The briefing will outline the project timeline, public engagement process, and when during the process the Administration will check in with the Council. The Administration is requesting that the Council approve the project goals, outcomes and timeline for the Plan.  View Attachment

     Janice Jardine, Elizabeth Buehler, Wilf Sommerkorn, Nick Norris, and Eric Shaw briefed the Council from attachments.  Discussion included adjusted scope of work and timeline; project goals and outcomes; context and coordination; public engagement areas and methods; accountability and evaluation; and implementation strategies and goals to be developed.  Council consideration was requested to a proposed resolution to approve the project goals, outcomes, and timelines as well as to have formal opportunity to have some input on the process.

     Discussion followed regarding efforts to further engage people, to reach other hard-to-reach communities and individuals, as well as other departments.  Inquiry was raised relative to data and whether it was quantitative or aspiration, with Mr. Norris stating this process was formalizing a citywide vision and existing conditions were based on data and the question to take planning issues to the community as to how to balance growth, economic development and recreation. Mr. Shaw discussed what Salt Lake was doing as compared to other cities; he stated engagement has become a practice and includes day-to-day activities across the board and constantly supporting what people want.  He said a short, easy to understand, satisfaction survey would be conducted later this year and the overall desire was to have all plans fit holistically and consistently together.

     #6.  4:58:35  3 PM RECEIVE A BRIEFING REGARDING A PROPOSAL TO AMEND THE FUTURE LAND USE MAP OF THE CENTRAL COMMUNITY MASTER PLAN AND THE ZONING MAP RELATED TO PROPERTY LOCATED AT 1073 EAST 1300 SOUTH PURSUANT TO PETITION NOS. PLNPCM2012-00608 AND PLNPCM2012-00610. The proposal would change the zoning on the property from R-1-5000 – Single Family Residential to CN – Neighborhood Commercial to allow for a two-story, mixed-use development. Liberty Heights Fresh Market would be housed on the first floor and four residential units on the second floor. Although the applicant has requested that the property be rezoned to the CN- Neighborhood Commercial zone, consideration may be given to rezoning the property to another zoning district with similar characteristics. Petitioner: Liberty Heights Fresh. (H1)  View Attachment

Nick Tarbet, Ray Milliner, Joel Paterson, and Steven Rosenberg briefed the Council from attachments.  Discussion followed regarding site improvements, moving the building towards the sidewalk increasing the pedestrian walkability, traffic calming/safety, etc.

The suggestion was offered to encourage the sidewalk width to accommodate or enhance the McClellan Trail corridor path, with Mr. Milliner stating Staff could look into that issue as part of the permitting process.  Mr. Paterson said that would probably require reduction of the width of the park strip.  Mr. Rosenberg, petitioner, said he would love to add density and build more units, but height and parking were a challenge.  He said he felt what was created was a great solution that seemed well received by the community.

     #7.  5:18:19 PM RECEIVE A BRIEFING REGARDING A REQUEST TO AMEND THE ZONING OF THE REAR PORTIONS OF TWO PROPERTIES LOCATED AT 834 AND 836 SOUTH EDISON STREET FROM SR-3 SPECIAL DEVELOPMENT PATTERN RESIDENTIAL TO D-2 DOWNTOWN SUPPORT PURSUANT TO PETITION PLNPCM2012-00114. The request has been made in order to allow Epic Brewing to expand their brewing operations. The current zoning would only allow residential uses and not allow a brewery or other commercial uses. Although the applicant has requested that the property be rezoned to the Downtown Support (D-2) zone, consideration may be given to rezoning the property to another zoning district with similar characteristics. Petitioner: Epic Brewing, LLC – Salt Lake City Council. (D1) View Attachment

Nick Tarbet, Nick Norris, John Anderson and Peter Erickson briefed the Council from attachments.  Mr. Anderson outlined the elements of the proposed development agreement; he said issues addressed include subdivision/property line delineation; landscaping buffer; fencing around the property; and proposed legislative action that would change the future land use designation and adjust the zoning to reflect the existing residential land uses to ensure that new development compatible with existing neighborhoods occurs in these areas.  Concern was expressed as to the public process associated with subdivision amendments and that it did not return to the public body that set the requirements for the development agreement.  Further concern was expressed regarding the challenge associated with development agreements and the difficulty the City had in monitoring and modification enforcement.

     Councilmember Love questioned the commitment of Epic Brewing to Utah and this site; she expressed concern with changing the neighborhood and then business not remaining.  Mr. Erickson said Epic Brewing intends to remain committed to Utah as well as Colorado at multiple locations.

     #8.  5:35:46 PM HOLD A FOLLOW-UP DISCUSSION REGARDING THE PROPOSED MASTER PLAN REFINEMENT PROCESS.  View Attachment

There appeared to be Council consensus to reschedule this item until after discussion at the September 10, 2013 Council Retreat.

     #9.  5:36:51 PM RECEIVE A BRIEFING FROM THE ADMINISTRATION REGARDING THE NEW BUILDING OCCUPANCY RESUMPTION PROGRAM (BORP). The program will work to get buildings inspected and functioning after an earthquake.  View Attachment 

Amber McClellan, Orion Goff, and Cory Lyman briefed the Council from attachments.  Councilmember Simonsen said the program was supported by the Structural Engineers Association of Utah (SEAU) as well as the State Emergency Management Team.  Inquiry was raised regarding whether this would involve a continuing education/recertification program, with Mr. Goff stating periodic audits would be necessary to ensure volunteers have professional certifications.  Discussion followed regarding this being a voluntary program, advance disaster preparation, program publicity (biggest outreach being through professional associations), expectation for success, and costs.

     #10. 5:46:37 PM HOLD A DISCUSSION REGARDING PRIORITY PROJECTS TO FURTHER TRANSPORTATION AND MOBILITY. The Council has established seven areas of policy focus since 2011, including Parks and Open Space and is highlighting projects throughout the City to further those seven policies. Priority projects relating to the Council’s policy focus on Sustainability and Transportation and Mobility will be discussed at a future meeting. Priority projects for Arts and Culture, Neighborhood Quality of Life, Economic Health of the City and Parks and Open Space were discussed at the February 19th, March 5th, March 19th, April 2nd and April 9th meetings. (Council Philosophy Statements) View Attachment

Russell Weeks briefed the Council from attachments.  He said relative to a philosophy statement on transportation and mobility, suggestion had been given to explore ways to optimize mobility around the City by identifying current service levels and deficits, opportunities for addressing deficits, and level of support by taxpayers for possible options.  He said although other revenue sources might be available, information had been provided that any sort of sales tax to establish a transit system by Salt Lake City would be superseded by Salt Lake County sales tax for transit.

Inquiry was raised as to whether there was interest in exploring expansion or additions to existing services currently funded or any opportunity to fund/partner for reduction in fares for residents.  It was stated that discussion had not been specific about how to solve the problem, but that there was desire to provide a transit system that functioned. Ms. Gust-Jenson said this policy statement could be fulfilled by the efforts of the Transportation Master Plan.  Mr. Weeks said there were four elements the plan would address:  hours of operation; access convenience; affordability; and frequency of service.  The suggestion was offered for Staff to take the information, capsulate it, and work with Administration to determine feasibility/incorporation into the study scope.  It was suggested the next big step would be when the Council considers the scope of the transportation audit.

     #11. 8:04:33 PM RECEIVE A BRIEFING REGARDING A PROPOSED INTERLOCAL CONSTRUCTION AGREEMENT BETWEEN THE CITY AND SALT LAKE COUNTY TO IMPLEMENT ENERGY SAVING MEASURES AT THE SALT LAKE CITY SPORTS COMPLEX AND STEINER AQUATIC CENTER. The agreement establishes the work that will be performed as well as ongoing costs related to the project.  View Attachment

     Alden Breinholt and Jennifer Bruno briefed the Council from attachments.  The Council provided consideration to an interlocal agreement that formalizes the understanding between the City and County regarding responsibilities for payment to service debt on the upcoming Energy Services Contract (ESCO) improvements for the Steiner East Facility.  It was stated the interest rate has increased and Administration was recommending the amount be paid upfront in order to reduce the total amount borrowed.  The City, County, and Siemens (company that performed the audit and would be installing the improvements), have tentatively agreed to split the $130,000 cost increase three ways.

     A Straw Poll was taken with Council consensus in terms of acceptance to splitting the cost three-ways.

     #12. 6:07:04 PM INTERVIEW JEFFERY L. SNELLING PRIOR TO CONSIDERATION OF HIS APPOINTMENT AS CITY ENGINEER OF SALT LAKE CITY CORPORATION. (H2)  View Attachment

     Councilmember LaMalfa said Mr. Snelling’s name would be forwarded to the Consent Agenda for formal consideration.

     #13. 6:20:41 PM INTERVIEW AMANDA THORDERSON PRIOR TO CONSIDERATION OF HER APPOINTMENT TO THE LIBRARY BOARD. (H3)

     Councilmember LaMalfa said Ms. Thorderson’s name would be forwarded to the Consent Agenda for formal consideration.

     #14. 6:24:22 PM INTERVIEW JASON MATHIS AND DAVE GOLDEN PRIOR TO CONSIDERATION OF THEIR APPOINTMENT TO THE NEWLY FORMED UTAH PERFORMING ARTS CENTER AGENCY BOARD. (H4)

     Councilmember LaMalfa said Mr. Mathis and Mr. Golden’s names would be forwarded to the Consent Agenda for formal consideration.

     #15. 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.

     See file M 13-5 for announcements; there was no discussion.

#16. REPORT OF THE CHAIR AND VICE CHAIR.

Item not held.

     #17. (TENTATIVE) CONSIDER A MOTION TO ENTER INTO CLOSED SESSION, IN KEEPING WITH UTAH CODE § 52-4-204, FOR THE PURPOSE OF ATTORNEY-CLIENT MATTERS THAT ARE PRIVILEGED PURSUANT TO UTAH CODE §78B-1-137.

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; David Everitt, Mayor’s Chief of Staff; Jennifer Bruno, Deputy Council Director; Neil Lindberg, Council Attorney; Lehua Weaver, Council Senior Policy Analyst; Margaret Plane, City Attorney; and Cindi Mansell, City Recorder

     The meeting began at 6:54 p.m.

     City Attorney Plane indicated this was an appropriate purpose for holding a Closed Executive Session.

     Councilmember Simonsen moved and Councilmember Luke seconded to enter into a Closed Session to discuss Attorney-Client matters that are privileged pursuant to Utah Code §78B-1-137.  A roll call vote was taken with Council Members Christensen, Luke, Penfold, LaMalfa, Love, Garrott, and Simonsen voted aye.  See Sworn Statement.

     The meeting adjourned at 8:09 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 July 9, 2013.

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