The City Council met in Work Session on Tuesday, March 20, 2012, at 5:00 p.m. in Room 326, Committee Room, City County Building, 451 South State Street.
In Attendance: Council Members Carlton Christensen, Kyle LaMalfa, Stan Penfold, Luke Garrott, Jill Remington Love, Charlie Luke and Søren Simonsen.
Also In Attendance: Cindy Gust-Jenson, Executive Council Director; Mayor Ralph Becker; David Everitt, Mayor’s Chief of Staff; Jennifer Bruno, Council Deputy Director; Edwin Rutan, City Attorney; Lynn Pace, Deputy City Attorney; Brian Roberts, Senior City Attorney; Russell Weeks, Senior Council Policy Analyst; Neil Lindberg, Council Legal Director; Karen Halladay, Council Policy Analyst; Brady Wheeler, Council Staff; Jeffry Niermeyer, Public Utilities Director; Jim Lewis, Public Utilities Finance Administrator; Bradley Stewart, Public Utilities Engineer; Lehua Weaver, Council Policy Analyst/Constituent Liaison; and Scott Crandall, Deputy City Recorder.
Councilmember Simonsen presided at and conducted the meeting.
The meeting was called to order at 5:45 p.m.
AGENDA ITEMS
#1. 9:31:01 PM 9:37:11 PM REPORT OF THE EXECUTIVE DIRECTOR, INCLUDING A REVIEW OF COUNCIL INFORMATION ITEMS AND ANNOUNCEMENTS.
See File M 12-5 for announcements.
#2. 9:33:40 PM REPORT OF THE CHAIR AND VICE CHAIR, INCLUDING AN UPDATE ON COUNCIL INTEREST ITEMS AND A REPORT OF MEETINGS WITH THE CHAIR AND VICE CHAIR OF VARIOUS CITY BOARDS AND COMMISSIONS.
Councilmember Simonsen said the item would be moved to the next meeting.
#3. 5:46:25 PM HOLD A FOLLOW-UP DISCUSSION OR RECEIVE A FOLLOW-UP BRIEFING REGARDING LEGISLATIVE ISSUES FOR THE 2012 STATE LEGISLATIVE SESSION. View Attachments
Lynn Pace briefed the Council with the attached handout. He said bills which would have mainly affected the City included: historic districts, idling, taxicabs, good landlord program, billboards, airport lease restructuring and collective bargaining limitations. He said these bills were either defeated or significantly modified.
Councilmember Simonsen asked about bills which might require the City to modify its ordinances. Mr. Pace said the good landlord program might require a new study and fee adjustments. He said Senate Bill 180 authorized local entities to create their own Ethics Commission. He said any complaints would go directly to the State, if cities chose not to create their own.
Mr. Pace said other issues included idling, taxicabs and the Government Records Access and Management Act (GRAMA). He said if the City chose not to modify its ordinances, State law would prevail. He said to avoid confusion, it would be better for the City to make adjustments. He asked Council Members to contact him with questions or concerns.
#4. 6:25:55 PM RECEIVE A FOLLOW-UP BRIEFING REGARDING A STUDY OF FUNDING OPTIONS FOR THE OPERATION AND MAINTENANCE OF STREET LIGHTS THROUGHOUT THE CITY. THE DISCUSSION MAY INCLUDE A DISCUSSION OF POLICY OPTIONS AND A REVIEW OF FINDINGS FROM A CITIZENS COMMITTEE FORMED AS PART OF THE STUDY. (DURING THE CITY COUNCIL’S 2011-12 ANNUAL BUDGET DISCUSSION, MAYOR RALPH BECKER’S ADMINISTRATION RECOMMENDED ESTABLISHING AN ENTERPRISE FUND AS A DEDICATED SOURCE OF FUNDS FOR OPERATING AND MAINTAINING STREET LIGHTS THROUGHOUT THE CITY. A STUDY WAS CONDUCTED TO EVALUATE FUNDING OPTIONS PARTICULARLY FEES VERSUS PROPERTY TAXES, AND FUTURE STREET LIGHTING INFRASTRUCTURE NEEDS.) View Attachments
Jim Lewis, Russell Weeks, David Everitt, Brad Stewart and Jeffry Niermeyer briefed the Council with the attached handouts. Council Members commented/expressed concerns about potential impacts on neighborhood private lighting programs, equity/fairness issues, dealing with Special Assessment Areas (SAA), educating the public on potential proposals and ways for neighborhoods to accelerate enhanced lighting.
A Straw Poll was taken to see if Council Members wanted to continue holding discussions with the Administration regarding the proposal. All Council Members were in favor.
A Straw Poll was taken on postponing any action until January, 2013 and funding current lighting needs through the General Fund. A majority of the Council was in favor.
A Straw Poll was taken on providing single or multiple options for the general public to comment on. A majority of the Council was in favor of refining the proposal to one option.
Councilmember Simonsen said information was currently available to the public and encouraged Council Members to continue discussions with neighborhood groups/community councils. He said a public hearing could be scheduled in a few months.
#5. 8:14:52 PM HOLD A BRIEFING AND DISCUSSION REGARDING AN ORDINANCE AMENDING SECTIONS 3.24.110 AND 3.24.160, SALT LAKE CITY CODE, AND ENACTING SECTION 3.24.115, SALT LAKE CITY CODE, TO ESTABLISH CRITERIA TO DETERMINE THE LOWEST RESPONSIVE RESPONSIBLE BIDDER FOR CITY FUNDED BUILDING IMPROVEMENT AND PUBLIC WORKS PROJECTS. THE ORDINANCE WOULD REQUIRE AN EVALUATION OF WHETHER POTENTIAL CONTRACTORS AND SUBCONTRACTORS OFFER EMPLOYEE HEALTH INSURANCE, MAINTAIN A DRUG AND ALCOHOL TESTING PROGRAM, RECRUIT AND EMPLOY VETERANS, PROVIDE JOB TRAINING, MAINTAIN A SAFETY PROGRAM, AND HAVE A NONDISCRIMINATION POLICY. View Attachments View Attachments
Neil Lindberg briefed the Council with a PowerPoint presentation and the attached handouts. Council Members commented/expressed concerns about providing a waiver option to accommodate projects where only one bid was received, impact on sole-proprietors, defining the term “contractor”, discrimination issues, $150,000 threshold review and define definition regarding veteran recruiting/training programs.
The Council requested information prior to the next meeting regarding the number of bids/contracts including dollar figures from the past six months.
#6. 6:10:05 PM INTERVIEW MICHAEL COLBY PRIOR TO CONSIDERATION OF HIS APPOINTMENT TO THE ARTS COUNCIL. (ITEM H2)
Councilmember Simonsen said Mr. Colby’s name was on the Consent Agenda for formal consideration.
#7. 6:14:54 PM INTERVIEW CANNON TARBET PRIOR TO CONSIDERATION OF HIS APPOINTMENT TO THE ARTS COUNCIL. (ITEM H3)
Councilmember Simonsen said Mr. Tarbet’s name was on the Consent Agenda for formal consideration.
#8. 6:20:05 PM INTERVIEW NAN ELLIN AND BETH LEVINE PRIOR TO CONSIDERATION OF THEIR APPOINTMENT TO THE CULTURAL CORE BUDGET COMMITTEE. (ITEM H4)
Councilmember Simonsen said Ms. Ellin’s and Ms. Levine’s names were on the Consent Agenda for formal consideration.
#9. 7:32:08 PM CONSIDER A MOTION TO ENTER INTO CLOSED SESSION, IN KEEPING WITH UTAH CODE § 52-4-204, FOR ANY OF THE FOLLOWING PURPOSES:
a) DISCUSSION OF THE CHARACTER, PROFESSIONAL COMPETENCE, OR PHYSICAL OR MENTAL HEALTH OF AN INDIVIDUAL, PURSUANT TO UTAH CODE § 52-4-205(1)(a);
b) A STRATEGY SESSION TO DISCUSS COLLECTIVE BARGAINING, PURSUANT TO UTAH CODE § 52-4-205 (1)(b);
c) A STRATEGY SESSION TO DISCUSS THE PURCHASE, EXCHANGE, OR LEASE OF REAL PROPERTY (INCLUDING ANY FORM OF WATER RIGHT OR WATER SHARES) WHEN 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, PURSUANT TO UTAH CODE § 52-4-205(1)(d);
d) A STRATEGY SESSION TO DISCUSS PENDING OR REASONABLY IMMINENT LITIGATION, PURSUANT TO UTAH CODE § 52-4-205(1)(c);
e) 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;
f)FOR ATTORNEY-CLIENT MATTERS THAT ARE PRIVILEGED, PURSUANT TO UTAH CODE § 78B-1-137; AND
g) A STRATEGY SESSION TO DISCUSS DEPLOYMENT OF SECURITY PERSONNEL, DEVICES OR SYSTEMS PURSUANT TO UTAH CODE § 52-4-205(1)(f).
h) A SESSION TO INVESTIGATE PROCEEDINGS REGARDING ALLEGATIONS OF CRIMINAL MISCONDUCT, PURSUANT TO UTAH CODE § 52-4-205(1)(g).
Councilmember Luke moved and Councilmember Penfold seconded to enter into Closed Session to discuss collective bargaining. A roll call vote was taken. Council Members Christensen, Penfold, Love, Garrott, LaMalfa, Luke and Simonsen voted aye. See file M 12-2 for Sworn Statement and recording.
#10. 8:11:33 PM RECEIVE A BRIEFING FROM THE ADMINISTRATION REGARDING LABOR NEGOTIATIONS FOR FISCAL YEAR 2012-2013. View Attachments
Brian Roberts briefed the Council with the attached handouts. He said he would update the Council as negotiations continued.
#11. HOLD A DISCUSSION REGARDING PROPOSED CHANGES TO THE CITY’S ZONING REGULATIONS THAT AFFECT CITY HOUSING POLICIES PERTAINING TO RESIDENTIAL DWELLING UNITS. THE PROPOSED CHANGES ARE INTENDED TO PROVIDE A BROAD MIX OF HOUSING OPPORTUNITIES IN EXISTING NEIGHBORHOODS.
Item not held.
A. HOLD A FOLLOW-UP DISCUSSION REGARDING PROPOSED CHANGES TO THE CITY’S ZONING REGULATIONS RELATING TO ALLOWING ACCESSORY DWELLING UNITS (ADUs) IN SINGLE-FAMILY AND MULTIFAMILY ZONING DISTRICTS. THIS IS PROPOSED TO PROVIDE A BROAD MIX OF HOUSING OPPORTUNITIES IN EXISTING NEIGHBORHOODS THAT ADDRESS CHANGING FAMILY NEEDS, ECONOMIC CONDITIONS, SMALLER HOUSEHOLD SIZES, AND INCREASE USE OF EXISTING HOUSING, PUBLIC INFRASTRUCTURE AND TRANSIT. RELATED PROVISIONS OF TITLE 21A - ZONING - MAY ALSO BE AMENDED AS PART OF THIS PETITION. PETITIONER - MAYOR RALPH BECKER, (SUSTAINABLE CITY CODE INITIATIVE), PETITION NO. PLNPCM2010-00612. View Attachments
B. RECEIVE A BRIEFING REGARDING AN ORDINANCE AMENDING SECTION 21A.52.030 - SPECIAL EXCEPTIONS TO THE CITY’S ZONING REGULATIONS. THE ORDINANCE WILL MODIFY PROCEDURES AND STANDARDS TO LEGALIZE EXISTING RESIDENTIAL DWELLING UNITS CREATED CONTRARY TO ZONING REQUIREMENTS (A PROCESS REFERRED TO AS “UNIT LEGALIZATION”). THE PROPOSED CHANGES WILL ADDRESS EXISTING UNIT LEGALIZATION ISSUES, SUPPORT THE EXISTING SALT LAKE CITY HOUSING PLAN, SET LIFE SAFETY REQUIREMENTS AND HELP IMPLEMENT THE LANDLORD TENANT INITIATIVE. RELATED PROVISIONS OF TITLE 21A - ZONING MAY ALSO BE AMENDED AS PART OF THIS PETITION. PETITIONER - MAYOR RALPH BECKER, PLNPCM2011-00499. View Attachments
C. RECEIVE A FOLLOW-UP BRIEFING REGARDING UPDATED POLICY STATEMENTS FOR THE CITY’S COMMUNITY HOUSING PLAN. THE INTENT IS TO ADDRESS DEVELOPMENT OF NEW HOUSING OPPORTUNITIES, PRESERVE THE CITY’S EXISTING HOUSING STOCK AND REFLECT CURRENT HOUSING AND ECONOMIC CONDITIONS. View Attachments
Item not held.
#12. 8:47:14 PM RECEIVE A FOLLOW-UP BRIEFING TO REVIEW, DISCUSS, AND FINALIZE SUGGESTED MODIFICATIONS MADE TO CITY COUNCIL DISTRICT BOUNDARY MAPS. NOTE: THE COUNCIL ADOPTED THE SALT LAKE CITY SCHOOL BOARD DISTRICTS (PRECINCTS) MAP ON 2/21/2012. View Attachments
Brady Wheeler and Karen Halladay briefed the Council with a PowerPoint presentation and the attached handouts. Councilmember Simonsen said the item was scheduled for potential action next week and asked Council Members to let staff know of any potential changes.
The meeting adjourned at 9:44 p.m.
This document along with the digital recording constitute the official minutes of the City Council Work Session meeting held March 20, 2012.
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