The City Council met in Work Session on Tuesday, March 26, 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; Edwin Rutan, City Attorney; Lynn Pace, Senior City Attorney; Helen Langan, Mayor’s Senior Advisor; Damon Georgelas, Senior City Attorney; Karen Halladay, Council Budget and Policy Analyst; Russell Weeks, Council Policy Analyst; Janice Jardine, Council Land Use Policy Analyst; Nick Tarbet, Council Constituent Liaison/Policy Analyst; Jan Aramaki, Council Policy Analyst; Eric Shaw, Community and Economic Development Director; Wilford Sommerkorn, Planning Director; Joel Paterson, Planning Manager; Nole Walkingshaw, Planning Program Supervisor; Justin Belliveau, Redevelopment Agency Deputy Director; Nick Norris, Planning Manager; Neil Lindberg, Council Legal Director; Molly Robinson, Urban Designer, David Salazar, Human Resources Compensation Program Administrator; Jodi Langford, Human Resources Benefits Coordinator; and Cindi Mansell, City Recorder.
Guest in Attendance: John Campbell, Citizen Compensation Advisory Committee Chair (CCAC); Michael Lobb, Petitioner (Item A3); Peter Erickson, Petitioner (Item A4)
Councilmember LaMalfa presided at and conducted the meeting.
The meeting was called to order at 2:06 p.m.
AGENDA ITEMS
#1. 2:06:37 PM RECEIVE A BRIEFING FROM JOHN CAMPBELL, CHAIR OF THE CITIZEN'S COMPENSATION ADVISORY COMMITTEE TO REVIEW THE CCAC'S 2013 ANNUAL REPORT. The report includes information and recommendations pertaining to the compensation levels of the City's elected officials and employees, and is presented for consideration each year during the City's budget review process. View Attachments
Karen Halladay, David Salazar, Jodi Langford and John Campbell briefed the Council from attachments. Chair Campbell reviewed the 2013 Committee recommendations.
Discussion included salary increase recommendations, elected official compensation adjustment, position compensation and gender fairness. Councilmember Love requested further review that included consideration for women in the workforce. Councilmember Simonsen added the review needed to include market indicators, skills/job requirements and compensation comparisons between men and women.
Further discussion followed regarding the tuition program, lump sum payments for those at or above the maximum pay range and Council Member salaries. Ms. Gust-Jenson said for many years Council Member salaries were based on 20% of the Mayor’s. She said the CCAC report incorrectly stated 30% but felt this issue was worthy of further discussion. Mr. Salazar said he could provide comparison numbers from the past few elected official salary surveys.
Discussion was held on the concept of “Pay for Performance.” Mr. Campbell suggested the City begin considering this type of compensation and conduct a study to identify best practices among other public employers.
#2. 3:08:26 PM RECEIVE A BRIEFING REGARDING A REQUEST TO AMEND THE SUGAR HOUSE FUTURE LAND USE MAP FOR THE PROPERTY LOCATED AT APPROXIMATELY 2018 EAST 2100 SOUTH STREET FROM INSTITUTIONAL & PUBLIC LANDS TO VERY LOW DENSITY RESIDENTIAL PURSUANT TO PETITION PLNPCM2012-00546. No changes are proposed to the existing use of the site. The property is currently zoned Single-family Residential R-1/12,000. Amending the Master Plan would be consistent with the residential zoning classification. Petitioner: Salt Lake City Council. (Korean Presbyterian Church) View Attachments
Joel Paterson and Nick Tarbet briefed the Council from attachments.
Councilmember Simonsen said the parcel was too small to be designated as institutional, and the request would strengthen the existing single-family zoning designation. He said the Sugar House Community Council submitted a letter of support to the Planning Commission.
#3. 3:20:25 PM RECEIVE A BRIEFING REGARDING A PROPOSAL TO AMEND THE CN-NEIGHBORHOOD COMMERCIAL ZONING OF PROPERTY LOCATED AT 1321 SOUTH 500 EAST TO REMOVE COVENANTS, CONDITIONS AND RESTRICTIONS (CCRS) LINKED TO ZONING OF THE PROPERTY PURSUANT TO PETITION PLNPCM2012-00588. This would allow the applicant to demolish the existing building and construct a mixed use residential/office building. Although the applicant has requested amending the CN-Neighborhood Commercial zoning to remove the CCRs, consideration may be given to rezoning the property to another zoning district with similar characteristics. Petitioner: Michael Lobb. View Attachments
Joel Paterson, Nick Tarbet and Michael Lobb briefed the Council from attachments. Mr. Tarbet said the CN zoning was established in 1995 and amended in 2004 to include CCR’s. Mr. Lobb said the current use had been vacant for a number of years and hoped that redeveloping the site would energize the neighborhood. It was also noted the Liberty Wells Community Council supported the request.
#4. 3:24:45 PM RECEIVE A BRIEFING REGARDING A REQUEST TO AMEND THE ZONING OF THE REAR PORTIONS OF TWO SINGLE FAMILY 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. View Attachments
John Anderson, Nick Tarbet, Nick Norris and Peter Erickson briefed the Council from attachments. Mr. Anderson said issues relating to the proposal were raised throughout the process by Edison Street property owners. He said the application evolved from the original request in effort for the applicant and residents to work together on a compromised solution and not adding traffic onto Edison Street. He said the Planning Commission forwarded a negative recommendation to the City Council to extend the D-2 zoning 69 feet to the east (rear).
The Council discussed other uses and standards within D-2 zoning, possible impacts, perimeter design challenges, future Master Plan land uses and potential elements needed to expand/preserve the residential neighborhood.
Councilmember Garrott suggested pursuing a master plan amendment to designate Edison as SR-3 along with other core Central Community streets to reflect what actually existed. Other alternatives were discussed.
Mr. Erickson said rear expansion was desired for parking and turn around. He said restrictions/covenants could be established but if the D-2 zoning was not approved, he suggested RMU-35; although it could increase commercial activity on Edison Street and allow build out to the property line.
Mr. Norris said a development agreement could be created based upon a specific site plan/uses to ensure properties added vitality to the surrounding residential. Discussion followed regarding conditions to mitigate impacts such as additional landscaping, etc.
The Council requested Council/Planning Staff work with the petitioner in this regard and to return with an applicable motion for a compromise solution.
#5. 4:07:09 PM RECEIVE A BRIEFING REGARDING A PROPOSED ORDINANCE RELATING TO THE GOVERNANCE OF THE UTAH PERFORMING ARTS CENTER BOARD OF DIRECTORS. View Attachments Under the proposed ordinance:
•Board members would be appointed by the mayor with the advice and consent of the city council.
•Board members would be appointed for one, four-year term, with no automatic renewal of their term. No board member would serve for more than two consecutive terms.
•No more than two of the City’s six board appointees may be city employees. No more than two board members may be from the same city council district.
•Any board member may be removed from office by the mayor with or without cause before the normal expiration of their term.
•Board members must annually report to the city council regarding the UPAC’s annual budget and performance metrics.
•Board members must annually report to the city council regarding the UPAC arts accessibility program.
Jennifer Bruno, Damon Georgelas and Helen Langan briefed the Council from attachments. Ms. Bruno said the Administration recommended the Council appoint an interim board comprised of City employees for the duration of construction to help the design/construction process run smoothly as well as ensure the City’s interests were protected while the project was under development. She said Administration also requested appointing four employees to the final board.
Mr. Georgelas described the construction arrangement through direct Redevelopment Agency (RDA) contracts to manage construction/ownership. Councilmember Christensen said he understood long-term facility management but expressed concern about construction management and Utah Performing Arts Center Agency (UPACA) bond proceeds. Ms. Gust-Jenson stated recent City infrastructure projects (Library, Leonardo, and Public Safety Building) were managed by City professionals rather than by a board and inquired if there was a way to make the City the construction manager. Ms. Langan said one solution could be to delay signing RDA agreements until the facility was complete.
Discussion was held on the board’s composition with Ms. Langan stating it was important to balance staff with community members. Councilmember Love said she viewed this as a community board, not as an internal management board. It was stated the interim committee composition could be different from the final board; the suggestion was offered for more technical/construction supervisory members initially. Mr. Georgelas said the agreement with UPACA was silent on the role of the temporary board.
Councilmember Christensen said he was against an interim board if they were not going to manage facility construction. Councilmember Luke concurred that if the City was managing construction and not the board, there was no point in having an interim board and the actual board could simply follow the construction process. Further concern was expressed regarding UPACA board supervision or being the construction manager.
The following Straw Polls were taken:
•A majority of the Council was in favor of holding a discussion to determine how the interim board would differ from the permanent board and when the permanent board would take control
•A majority of the Council was in favor of City oversight regarding facility construction.
•A majority of the Council was in favor of having at least four community representatives on the final board.
Ms. Langan said she would bring back information regarding Salt Lake County participants. Ms. Bruno requested data, prior to the next regular meeting, to confirm the City could withhold construction management from the UPACA Board.
#6. 4:45:10 PM RECEIVE A BRIEFING REGARDING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND SALT LAKE COUNTY (COUNTY CLERK ELECTION’S DIVISION) REGARDING THE COUNTY PROVIDING ELECTION ASSISTANCE SERVICES TO THE CITY. View Attachments
Jennifer Bruno and Cindi Mansell briefed the Council from attachments. Discussion was held regarding the Scope of Services to be provided and the method of voting. The Council asked staff to explore information relative to process, pricing and a Vote by Mail election option.
#7. 4:53:57 PM RECEIVE A BRIEFING REGARDING MAYOR RALPH BECKER'S ADMINISTRATION’S OUTLINE OF THE PROCESS FOR UPDATING THE DOWNTOWN MASTER PLAN. The process includes a public engagement plan and research and analysis of the Downtown area. The current Downtown Master Plan was adopted in 1995. View Attachments
Wilford Sommerkorn, Molly Robinson, Nick Norris and Russell Weeks briefed the Council from attachments. Mr. Sommerkorn reviewed project goals/area, context and coordination efforts, planning preparation, public engagement, accountability/evaluation, draft plan, project timeline/adoption and implementation.
The Council discussed timeline length, boundary issues, neighborhood plans relating to downtown, and the concept of a new community plan to merge several other smaller plans and take into account other strategies. Concern was expressed about excluding elected officials until the end of the process. Debate followed relative to Planning Commission/City Council involvement and the need to be clear on legal separation.
Mr. Sommerkorn cited State Code as to legislative responsibility and said staff would be open to appropriate Council participation yet not overshadowing the community. It was stated that individual or practical interaction was a great way for the Council to listen to the community and obtain information. Inquiry was raised as to whether staff looked at how current issues could get incorporated into a process that would accelerate faster than the master plan. It was determined the public engagement calendar should be distributed to the Council and attendance invited.
Inquiry was raised as to whether the seven Council Philosophy Statements would be added into the Foundation of the Plan, with Mr. Sommerkorn confirming and stating Plan Salt Lake would also be an integral part. He said an upcoming request would provide an opportunity for Council review/endorsement of the Downtown Master Plan process including a list of priority projects intended to implement goals.
#8. 5:30:40 PM (TENTATIVE) RECEIVE A BRIEFING REGARDING PROPOSED AMENDMENTS THAT WOULD CREATE A FRAMEWORK FOR COMMUNITY ASSOCIATIONS REPRESENTING GEOGRAPHIC AREAS OR AREAS OF INTEREST. The proposed amendments would update the current ordinance related to recognized community organizations, which hasn’t been updated since 1990. The amendments are designed to bolster the amount and diversity of public participation of community-based groups. (Petition No. TMTL2012-00013) View Attachments
Jan Aramaki, Nole Walkingshaw, Wilford Sommerkorn and Lynn Pace briefed the Council from attachments. Ms. Aramaki said the focus of the existing ordinance was planning issues and a key discussion point of the process was recognizing the need for public engagement to go beyond planning-related issues.
Mr. Walkingshaw outlined key elements to the ordinance amendment. He said the intent of the changes were to better engage the public, increase involvement, refine the agenda process and clarify how items are noticed. He further outlined the registration process to become a recognized community organization.
Discussion followed regarding consensus to remove code requirement for a developer/applicant to present various petitions at Community Council meetings before the application process. Mr. Sommerkorn said the ordinance outlined what could be required through policy; he added the policy would now reflect current public practice/process. He clarified the Community Council would still be involved, but not before staff. The majority of the Council felt this was appropriate as long as the requirement included notification to the community council.
Councilmember Love said the goal was for better public engagement and wanted to pursue further noticing issues when a new public engagement individual was hired. She suggested having individual planners take responsibility to ensure appropriate stakeholders were notified. Mr. Sommerkorn said the desire was to involve others who may not be involved on a community council level. Council Members LaMalfa and Garrott asked about prior interest to fund agenda mailings or assist with communications or leadership costs; they expressed concern about having requirements without offering assistance.
A straw poll vote was taken with the majority of the Council in support of the requirement to register as a non-profit corporation, for bylaws and for at least one meeting per year. It was determined it would be difficult to ensure these groups meet Utah Public Meetings Law requirements.
The Council directed Staff to provide direction relative to applicable noticing required within the ordinance, as well as how to provide resources, training, or other assistance mechanisms to community councils. It was indicated a public hearing would be scheduled.
#9. (WRITTEN BRIEFING ONLY) RECEIVE A BRIEFING REGARDING A PROPOSAL THAT WOULD EXTEND THE TIMEFRAME SPECIFIED IN ORDINANCE 18 OF 2012, WHICH MADE ZONING AMENDMENTS TO A PROPERTY LOCATED AT 545 AND 555 WEST 500 NORTH. The applicant for those zoning amendments is requesting a 24-month extension in order to satisfy the conditions of the ordinance, which currently states the conditions must be met within one year from the date the ordinance was approved. Those conditions include providing right of way easement for sidewalks and adjusting the buildable lot areas to accommodate the right of way improvements. (Petition PLNPCM2011-00203, Petitioner Marie Ginman) View Attachments
Written Briefing Only.
#10. 6:14:18 PM INTERVIEW JIM SCHWING PRIOR TO CONSIDERATION OF HIS APPOINTMENT TO THE HOUSING ADVISORY AND APPEALS BOARD.
Councilmember LaMalfa said Mr. Schwing’s name was on the Consent Agenda for consideration during the formal meeting.
#11. 6:17:34 PM REPORT OF THE EXECUTIVE DIRECTOR, INCLUDING A REVIEW OF COUNCIL INFORMATION ITEMS AND ANNOUNCEMENTS.
See file M 13-5 for Announcements.
#12. 6:30:54 PM REPORT OF THE CHAIR AND VICE CHAIR.
Councilmember Luke requested that the Council consider an ordinance modification recently passed by State legislation wherein cities were able to regulate hours of operation for alcohol-specific establishments.
A straw poll was taken, with three Council Members indicating approval to dedicate staff resources to return with options for hours of operation for alcohol establishments.
#13. (TENTATIVE) CONSIDER A MOTION TO ENTER INTO CLOSED SESSION, IN KEEPING WITH UTAH CODE § 52-4-204, FOR ANY ALLOWED PURPOSE.
Item not held.
The meeting adjourned at 6:32 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 March 26, 2013.
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