The City Council met in Work Session on Tuesday, March 5, 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; Helen Langan, Senior Advisor to the Mayor; Michael Akerlow, Housing and Neighborhood Development Director; Janice Jardine, Council Land Use Policy Analyst; Lehua Weaver, Council Policy Analyst/Constituent Liaison; Neil Lindberg, Council Legal Director; Nick Tarbet, Council Constituent Liaison/Budget and Policy Analyst; Karen Halladay, Council Policy Analyst; Rick Graham, Director of Public Services; Eric Shaw, Community and Economic Development Director; Wilford Sommerkorn, Planning Director; Justin Belliveau, Redevelopment Agency Deputy Director; Damon Georgelas, Senior City Attorney; Nick Norris, Planning Manager; Michaela Oktay, Principal Planner; Kathy Rollins, Parks Usage Coordinator; Robin Hutcheson, Director of Transportation Planning; Becca King, Bicycle Pedestrian Coordinator; and Cindi Mansell, City Recorder.
Councilmember LaMalfa presided at and conducted the meeting.
The meeting was called to order at 2:09 p.m.
AGENDA ITEMS
#1. 2:09:13 PM DISCUSSION REGARDING PRIORITY PROJECTS TO FURTHER NEIGHBORHOOD QUALITY OF LIFE IN THE CITY. The Council has established seven areas of policy focus since 2011, including Neighborhood Quality of Life, and are highlighting projects throughout the City to further those seven policies. Priority projects relating to the Council’s policy focus on Economic Health of the City, Transportation and Mobility, Education, Sustainability, and Parks and Open Space will be discussed at a future meeting. Priority projects for Arts and Culture were discussed at the February 19th meeting. (Council Philosophy Statements)
Janice Jardine and Lehua Weaver briefed the Council from attachments. View Attachments
Councilmember Luke said the City needed to increase community awareness about the process to address public-infrastructure repairs and maintenance. There were no objections to the information and action steps as outlined.
#2. 2:14:53 PM DISCUSSION REGARDING THE APPROVAL OF TWO INTERLOCAL COOPERATION AGREEMENTS BETWEEN SALT LAKE COUNTY AND THE UTAH PERFORMING ARTS CENTER AGENCY (UPACA), AN INTERLOCAL ENTITY TO BE CREATED BY THE COUNTY, THE CITY, AND THE REDEVELOPMENT AGENCY OF SALT LAKE CITY, AS MEMBERS, RELATING TO THE OWNERSHIP AND OPERATION OF THE UTAH PERFORMING ARTS CENTER. View Attachments
Jennifer Bruno, Helen Langan, and Damon Georgelas briefed the Council from attachments relative to Board accountability; Arts Accessibility Program; Operations of Ancillary spaces; and Internal City logistics.
Discussion followed regarding membership and term limits for the UPACA Board. Mr. Georgelas said there were no restrictions for the Council’s six designated members. He said there was fear of establishing a time limit for membership and the ordinance was drafted with maximum flexibility. He said other boards had statutory requirements that only offered removal for cause, whereas this offered steps for removal by the Mayor and Council.
Cindy Gust-Jenson said there were difficulties with no term limits. She said the result was once the Council provides advice and consent to the Mayor’s appointments they were in place until the Mayor removed them or recommended a replacement.
Further discussion followed regarding board composition including terms which provided opportunities for change and new insight. Ms. Bruno offered to have Staff prepare legislative intents to delineate Council expectations. Three Council members said they would like to see something more formal drafted and adopted.
Ms. Langan said the business model was very complex and the board would benefit from appointees that were knowledgeable. Inquiry was raised regarding the five-day timing to establish the board after adopting the ordinance. Mr. Georgelas said there was no desire for a lengthy time period with no ownership and no steering; he said the five-day period could possibly be extended to allow more time for Council consent.
The Council addressed the annual fiscal and performance audit suggestion. Ms. Bruno said UPACA could vote to audit but there was nothing in the agreement to reference or enable either a management or fiscal audit. She said the City would not have express rights to UPAC financials other than the six City-appointed board members. Concern was expressed about potential difficulties associated with obtaining funding when no standard business processes existed to conduct annual independent audits. Discussion followed regarding state financial audit requirements of entities being held by the public. Ms. Gust-Jenson said there were no definitive answers.
The Council addressed ancillary spaces such as the Lobby Winter Garden and Black box Theater. Ms. Bruno said the agreement only related to the theater. Ms. Langan said there was not a solid understanding of cost and potential revenues associated with that space and more analysis was needed to determine how costs of other spaces would come together and result in revenue. She said this was premature and more information was needed regarding design details.
Councilmember Penfold expressed concern if the County were not able to provide services to smaller organizations. Ms. Langan said they were excited about moving forward but had concerns with policies associated in booking those locations. She said this still needed to be worked into the business plan, and models for revenue projections did not exist. She said early concepts illustrated the Lobby and Winter Garden as two spaces; however, in merging that space it made sense to have the County operate it.
The Council addressed distribution of Net Operating Income, with Ms. Bruno stating there was no information as to intended use, accountability, or how the funds were dispersed. Ms. Gust-Jenson said fiduciary responsibility was to UPACA; a board member was going to focus on the interest of that board.
Councilmember Penfold inquired if demographic information would be required about whom the program would serve, and what future role the Council would play in program design. He said he wanted an annual report similar to the Arts Council relative to disbursement of funds and who would be served. Mr. Georgelas said although the six members would have input there was nothing in the current agreement and the program was yet to be developed. Ms. Bruno suggested the ordinance language include board members be consulted in the development of the program.
The Council addressed the Arts Accessibility Program and the goal of an affordable percentage of all seats at all shows. Various options for a more generous financial calculation and City percentages of ticket proceeds were discussed to address this community-oriented mission. The Council expressed concern about not having additional influence on future fees. Ms. Bruno suggested the Board return to obtain Council approval of program details prior to the opening of UPAC.
Ms. Langan said the program was mapped back to specific conversations and expectations of the Council. She said the intent was for some sort of sliding scale or voucher and not to provide free tickets. She discussed the arduous negotiations and said there were business reasons why the 1% was an issue with Salt Lake County. The Council expressed concern about fees but did not want to hold up the process.
Ms. Langan said definitive direction was needed because Salt Lake County intended to vote on the interlocal agreements tonight.
A straw poll was taken on the following individual items for consideration:
The vote was 4-3 not to provide for the ability to call for a management audit.
The vote was unanimous regarding the ability to call for a financial audit, unless State Statute provides that ability.
There was apparent consensus to extend the appointments of the initial board for two months or 60 days.
There was apparent consensus to include a carbon copy to the City Council, RDA, Mayor’s Office, and County Council Office on all regular UPAC communications.
Ms. Bruno said staff could draft the ordinance relating to board appointments, term limits, limit to a certain number of employees, and annual budget check. She inquired if the Council wanted a check in or approval of the Arts Accessibility Program prior to start up. The Council discussed whether or not they are prepared to vote this evening; there was concern expressed for ticket fee clarification without slowing down the process. Clarification was offered that the idea of a set percentage might not work because it required clarification; there was no objection to the idea of changing the fee.
Ms. Gust-Jenson said Council input was needed about public policy perspective relative to the City’s position on the board. She said if the Council desired, Staff would continue to work on issues relating to control, term limits, and the ability to remove board members.
#3. 4:54:35 PM BRIEFING REGARDING A REQUEST TO AMEND THE CAPITOL HILL MASTER PLAN FUTURE LAND USE MAP, REZONE SEVERAL PROPERTIES LOCATED BETWEEN 300 NORTH AND 800 NORTH AND 400 WEST AND 200 WEST, AND CHANGE THE MIXED USE (MU) ZONING DISTRICT REGULATIONS. (Petitioner – Mayor Ralph Becker, Petition No. PLNPCM2012-00462, Petition No. PLNPCM2012-00463, Petition No. PLNPCM2012-00464)
The proposal would:
•Amend Master Plan future land use map for properties located in the area of 400 West between 600-800 North from General Commercial to High Density Mixed Use, and rezone those parcels to Mixed Use (MU) to match the surrounding area,
•Amend the Master Plan future land use map designations for most of the west side of 300 West between 400 and 500 North from Medium Density Residential and General Commercial to Medium Density Mixed Use, and rezone four parcels along the 300 West corridor from Residential Multi-Family (RMF-35) parcels to Mixed Use (MU) to allow commercial retail uses,
•Amend the Master Plan future land use map designation for one commercial property located on the northeast corner of 300 West and 300 North from Medium Density Residential to Medium Mixed Use to correct a conflict in the plan; and
•Amend the Mixed Use (MU) zoning district regulations to provide additional flexibility for compatible residential and commercial mixed-use developments.
Although the applicant has requested that the property be rezoned to the Mixed-Use zone, consideration may be given to rezoning the property to another zoning district with similar characteristics. Related provisions of Title 21A, Zoning, may also be amended as part of this petition.
Nick Tarbet, Michaela Oktay, and Nick Norris briefed the Council with attachments. View Attachments
There was Council consensus to schedule a public hearing for March 26, 2013.
#4. 4:56:05 PM DISCUSSION REGARDING A PROPOSED ORDINANCE THAT WOULD DEFINE THE CRITERIA AND PROCESS FOR NAMING OR RENAMING OF THE CITY’S ASSETS. The scope of the proposal does not include honorary street naming.
Karen Halladay and Rick Graham briefed the Council with attachments. View Attachments
Ms. Halladay said a revised proposal was given to the Council which includes minor revisions relating to a summary of changes, definitions and asset categories. She said if a petition did not apply to a naming asset category, it would be left to the discretion of the City to name the asset. She said the Mayor had to give a minimum of 15 days notice to the City Council for each naming request prior to initiating a naming process. The Council could then determine and notify the Mayor if they wanted to use a legislative process.
#5. 5:00:24 PM DISCUSSION REGARDING PROPOSED CHANGES TO ATHLETIC FIELD FEES, THE PROCESS FOR RESERVING ATHLETIC FIELDS FOR PUBLIC USE, AND FOOD AND BEVERAGE SERVICE PERMITS.
The proposal would:
•Change field fees from a weekly rate of $15 per week per field to:
o $2 per hour per field for non-profit youth organizations.
o $4 per hour per field for other youth organizations.
o $5 per hour per field for adult organizations.
•Change the format for assigning field space from a weekly basis to an hourly basis.
•Increase food and beverage permit fees.
As the demand for athletic fields in traditional and non-traditional sports is growing, the Administration is proposing these changes in an effort to create more opportunities for participation in sports leagues and activities. If approved by the Council, these changes would require the Consolidated Fee Schedule to be amended to reflect the new charges.
Rick Graham, Karen Halladay, and Kathy Rollins briefed the Council with attachments. View Attachments
Mr. Graham stated there was more demand than there were athletic fields in Salt Lake City. Fees have not been raised for several years; current and proposed fees are lower than what many other Salt Lake Valley government entities charge. He said the proposal was also a new format for assigning field space and the hope was to allow more leagues to reserve field space and participate. He clarified in 2013, grandfathered leagues would be scheduled; until the Regional Athletic Complex was completed in 2015, remaining field space will be assigned per field on a first come, first served basis.
Mr. Graham said sweat equity or donated time by league organizations would no longer be approved. As a result, the City would now provide chalk and paint supplies for teams. Discussion followed regarding field conditions, teams providing sweat equity, benefits, and higher standards. Councilmember Penfold said he was interested in maintaining sweat equity and suggested a percentage or criteria established for certain maintenance types. Mr. Graham said there was serious need for additional fields and increased maintenance/improvements on existing fields. He said he planned to present options to the Mayor regarding general maintenance.
Councilmember Love inquired as to feedback regarding partnering with other organizations such as the School District that have playing fields. Mr. Graham said the City had a relationship with the School District, but they had a completely different public use policy. The suggestion was made for an interlocal for maintenance with the School District.
Councilmember Luke requested numbers on sweat equity. Discussion followed regarding sweat equity needing to be substantial or for larger projects, possibly tied to volunteer or grant programs, a method to track/quantify, and exploration of gradual rise of fees versus all at once.
There was consensus to request Administration return with criteria to address substantive maintenance issues and a proposal to be used in exchange for credit towards fees.
#6. 5:45:25 PM BRIEFING FROM THE ADMINISTRATION REGARDING A PLAN AND PROPOSED SCOPE OF WORK TO UPDATE TO THE CITY’S BICYCLE & PEDESTRIAN MASTER PLAN. The update will reflect the changes in City policy and practice related to emphasis on multiple types of mobility, the adoption of the Complete Streets ordinance, and other sustainability and environmental initiatives.
Robin Hutcheson and Becca King briefed the Council with attachments. View Attachments
Ms. Hutcheson provided background in regard to initiatives, consultant selection, and scope of work, schedule and first steps. She acknowledged the regional partners: Salt Lake City, Salt Lake County, University of Utah, Utah Department of Transportation, and Wasatch Front Regional Council. She said there were many innovations since the plan design including increased focus to seek a progressive approach. She said there was desire to be able to measure success as well as marry this process with the Downtown Master Plan. She said if the Council had significant concerns to let her know because she was ready to go public with the plan involving stakeholders and the first open house.
Councilmember Simonsen requested feedback on the most up-to-date bicycle count statistics and was interested in exploring connections south of the University. Councilmember Garrott said he wanted to reinforce the interface between bicycles, pedestrians, and transit. Councilmember LaMalfa requested that Council Philosophy Statements be added to the consultant source document.
Concern was raised about the plan being for all streets and not including potential trail work. Ms. King said those are included in the current master plan and the majority of those corridors were undergoing a more intense/separate planning process. Ms. Hutcheson said the update would focus on programs that did not exist in the current plan and pursuing new riders.
Inquiry was raised as to whether any of the public outreach events would occur in Spanish. Ms. Hutcheson said no but translation/bilingual information could be added. She discussed notification procedures that were currently being developed and would include Community Councils, cycling communities, Mayor and City Council Liaisons, Social Media, the 79 applicants for the Bicycle Advisory Committee, Transportation Advisory Board, all boards and commissions of the City, Economic Development touch points, and bicycle stores.
Councilmember LaMalfa requested a marketing-friendly or deliverable pamphlet/flyer to provide information in a digestible manner. Councilmember Simonsen requested information regarding public meetings for the Council to help distribute via their own methods and networks.
#7. BRIEFING REGARDING A PROPOSED ORDINANCE THAT WILL MAKE VARIOUS TECHNICAL CORRECTIONS TO THE SALT LAKE CITY CODE. The amendments address three matters: (1) changing dates relating to candidacy declarations and nominations to comply with state law, (2) scheduling of council work sessions to conform with current practice, and (3) addition of references to state law in sections about false alarms, marriage and dating services, theaters and concerts, air pollution control, sexually oriented businesses, and obscene films. View Attachments
Written Briefing Only.
#8. 6:11:52 PM INTERVIEW CHRIS ATKIN PRIOR TO CONSIDERATION OF HIS APPOINTMENT TO THE HOUSING ADVISORY AND APPEALS BOARD.
Councilmember LaMalfa said Mr. Atkin’s name was on the Consent Agenda for consideration during the Formal meeting.
#9. 6:14:48 PM INTERVIEW ROBERT "TOBY" ALIRES PRIOR TO CONSIDERATION OF HIS APPOINTMENT TO THE SORENSON MULTI-CULTURAL CENTER ADVISORY BOARD.
Councilmember LaMalfa said Mr. Alires’s name was on the Consent Agenda for consideration during the Formal meeting.
#10. HOLD A DISCUSSION AND RECEIVE A BRIEFING REGARDING LEGISLATIVE ISSUES FOR THE 2013 STATE LEGISLATIVE SESSION.
Item not held.
#11. 6:18:10 PM REPORT OF THE EXECUTIVE DIRECTOR, INCLUDING A REVIEW OF COUNCIL INFORMATION ITEMS AND ANNOUNCEMENTS.
See file M 13-5 for announcements.
#12. 6:33:36 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 LaMalfa discussed moving transmittals forward from the Mayor’s Office and requiring one Councilmember’s name as a sponsor for an item to be placed on the agenda by Administration. Councilmember Simonsen said he disagreed and that there should be parody for both the Council and Administration. Discussion was held on how to allocate Staff resource to pursue Council priorities including what resources were needed to begin an initiative or start a petition.
Consensus was made to continue the discussion at a later date.
#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 6:40 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 5, 2013.
clm