The City Council met in Work Session on Tuesday, November 15, 2011, at 4:30 p.m. in Room 326, Committee Room, City County Building, 451 South State Street.
In Attendance: Council Members Van Turner, Jill Remington Love, Stan Penfold, Luke Garrott and Søren Simonsen. Carlton Christensen was present for Item 1 only.
Absent: Councilmember JT Martin.
Also In Attendance: Cindy Gust-Jenson, Executive Council Director; Jennifer Bruno, Deputy Council Director; Edwin Rutan, City Attorney; David Everitt, Mayor’s Chief of Staff; Joel Paterson, Planning Manager; Michaela Oktay, Principal Planner; Rick Graham, Public Services Director; Lehua Weaver, Council Policy Analyst/Constituent Liaison; Rusty Vetter, Senior City Attorney; Vicki Bennett, Sustainability and Environment Director; Russell Weeks, Senior Council Policy Analyst; Nick Tarbet, Council Policy Analyst/Constituent Liaison; Jeffry Niermeyer, Public Utilities Director; Tom Ward, Public Utilities Deputy Director; Christopher Robinson, Petitioner/Ensign Foreground; Benjamin Roberts, Public Services Compliance Program Director; Debbie Lyons, Recycling Programs Manager; and Scott Crandall, Deputy City Recorder.
Councilmember Love presided at and conducted the meeting except for Item 1 which was conducted by Councilmember Penfold.
The meeting was called to order at 4:32 p.m.
AGENDA ITEMS
#1. 4:32:00 PM CONSIDER A MOTION TO ENTER INTO CLOSED SESSION, IN KEEPING WITH UTAH CODE § 52-4-204, FOR ANY OF THE FOLLOWING PURPOSES:
a) A STRATEGY SESSION TO DISCUSS COLLECTIVE BARGAINING, PURSUANT TO UTAH CODE § 52-4-205 (1)(b);
b) 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);
c) A STRATEGY SESSION TO DISCUSS PENDING OR REASONABLY IMMINENT LITIGATION, PURSUANT TO UTAH CODE § 52-4-205(1)(c);
d) 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;
e) FOR ATTORNEY-CLIENT MATTERS THAT ARE PRIVILEGED, PURSUANT TO UTAH CODE § 78B-1-137; AND
f) A STRATEGY SESSION TO DISCUSS DEPLOYMENT OF SECURITY PERSONNEL, DEVICES OR SYSTEMS PURSUANT TO UTAH CODE SECTION 52-4-205(1)(f).
Councilmember Simonsen moved and Councilmember Turner seconded to recess as the Redevelopment Agency and reconvene as the City Council for the purpose of entering into Closed Session for reasons stated on the Council’s agenda. A roll call vote was taken. Council Members Christensen, Turner, Penfold, Simonsen and Garrott voted aye. Councilmember Love was recused. Councilmember Martin was absent. See file M 11-2 for Sworn Statement and recording.
#2. 7:38:00 PM REPORT OF THE EXECUTIVE DIRECTOR, INCLUDING A REVIEW OF COUNCIL INFORMATION ITEMS AND ANNOUNCEMENTS. View Attachments
See File M 11-5 for announcements.
#3. 7:45:26 PM RECEIVE A BRIEFING REGARDING A REQUEST TO REZONE THE PARCELS LOCATED WITHIN COLUMBUS COURT PLANNED UNIT DEVELOPMENT (PUD), APPROXIMATELY 700 NORTH COLUMBUS COURT, FROM FOOTHILLS RESIDENTIAL (FR-2) TO SINGLE FAMILY RESIDENTIAL (R-1/5,000). THE PURPOSE IS TO SUBDIVIDE THE EXISTING LOTS INTO 12 SMALLER LOTS. PETITIONER - ENSIGN FOREGROUND LC. (PETITION PLNPCM2011-00091) View Attachments
Joel Paterson, Nick Tarbet, Michaela Oktay and Christopher Robinson briefed the Council with the attached handouts. Councilmember Love said a public hearing would be scheduled for December 6, 2011.
#4. 7:58:23 PM RECEIVE A BRIEFING REGARDING A PROPOSED AMENDMENT TO ALLOW PARKING ENFORCEMENT OFFICERS TO RIDE BICYCLES ON SIDEWALKS IN DOWNTOWN SALT LAKE CITY. (AN ORDINANCE AMENDING SECTION 12.80.160, SALT LAKE CITY CODE, RELATING TO THE CENTRAL TRAFFIC DISTRICT BICYCLE RIDING RESTRICTION.) View Attachments
Rick Graham, Ben Roberts and Russell Weeks briefed the Council with the attached handouts. Councilmember Love said the issue would be forwarded to a formal meeting.
#5. 8:03:27 PM RECEIVE A BRIEFING REGARDING CHANGES TO THE CITY’S WASTEWATER PRE-TREATMENT ORDINANCE. THE PURPOSE OF THE PRETREATMENT PROGRAM IS TO PREVENT INTRODUCTION OF POLLUTANTS INTO THE CITY’S WASTEWATER SYSTEM. THE CHANGES ARE MOSTLY REQUIRED BY THE STATE DEPARTMENT OF ENVIRONMENTAL QUALITY AND MAY AFFECT SOME BUSINESSES WITH DISCHARGE PERMITS. (CHANGES WOULD AFFECT SALT LAKE CITY CODE CHAPTERS 17.32, 17.36, 17.52, 16.67, 17.69) View Attachments
Jeffry Niermeyer, Tom Ward, Rusty Vetter and Lehua Weaver briefed the Council with the attached handouts. Ms. Gust-Jenson said the proposal included two policy issues the Council needed to be aware of. She said the first issue dealt with establishing requirements for best management practices for certain types of industries. She said best management practices/criteria could be required in leau of and/or in addition to sampling and monitoring reports. She said the Council could request that the Administration establish written policies. Councilmember Penfold said the ordinance did not need to include the criteria but the Administration needed to provide written guidelines.
Ms. Gust-Jenson said the second issue was important because appeals of director decisions would go directly to District Court without first going to an appellate board. She said the Council could request an explanation from the Administration about the proposed change.
A majority of the Council was in favor of having issues addressed by an appellate board before going to District Court. Mr. Niermeyer said they would draft language which would be presented to the State for their input.
#6. 8:22:05 PM RECEIVE A BRIEFING REGARDING A ZERO WASTE RESOLUTION, WHICH IS A JOINT RESOLUTION WITH THE MAYOR SUPPORTING WASTE REDUCTION AND DIVERSION PRACTICES FOR SALT LAKE CITY AND IDENTIFYING NEW GOALS TO DIVERT MORE WASTE FROM THE LANDFILL. View Attachments
Debbie Lyons and Vicki Bennett briefed the Council with the attached handouts. A majority of the Council was in favor of advancing the issue for formal consideration.
#7. 8:25:29 PM RECEIVE A BRIEFING REGARDING AN ORDINANCE CLOSING AND VACATING AN ALLEY AS A PUBLIC RIGHT-OF-WAY ADJACENT TO PROPERTY LOCATED AT 1370 EAST BRYAN AVENUE PURSUANT TO PETITION NO. PLNPCM2011-00207. (BALDOMERO AND LOURDES OLIVERA ARE REQUESTING THE PARTIAL VACATION OF THE ALLEY THAT RUNS ADJACENT TO THEIR PROPERTY IN ORDER TO BUILD A GARAGE.) (ITEM H2) View Attachments
Joel Paterson and Jennifer Bruno briefed the Council with the attached handouts. Ms. Bruno said the proposal was on the Consent Agenda to set a public hearing for December 13, 2011.
#8. 8:29:05 PM HOLD A FOLLOW-UP DISCUSSION ON THE PROPOSED CONSTRUCTION AND FINANCING OF THE UTAH PERFORMING ARTS CENTER (UPAC). INCLUDING BUT NOT LIMITED TO: View Attachments
• A REVIEW OF PREVIOUS STUDIES COMPLETED REGARDING PERFORMING ARTS FACILITIES;
• A REVIEW OF THE ADMINISTRATION’S TRANSMITTAL REGARDING THE PROPOSED UPAC, INCLUDING A RESOLUTION APPROVING TERMS OF AN INTERLOCAL AGREEMENT RELATING TO A PROPOSED COMMUNITY DEVELOPMENT AREA (CDA) ON BLOCK 70, A RESOLUTION REGARDING AN INTERLOCAL AGREEMENT ALLOWING A PORTION OF FUTURE PROPERTY TAX INCREMENT IN THE DOWNTOWN REDEVELOPMENT PROJECT AREA (SARR FUNDS) TO BE USED TOWARDS DEBT SERVICE ON THE UPAC, AND A NOTICE OF A PUBLIC HEARING TO CONSIDER ISSUING SALES TAX BOND REVENUE ANTICIPATION NOTES TO PAY FOR THE INITIAL DESIGN OF THE UPAC. (ITEM F1)
• A RELATED MATTER FOR COUNCIL CONSIDERATION IS A BUDGET AMENDMENT WHICH WOULD AUTHORIZE EXPENDITURE OF DESIGN FUNDS AND UPFRONT COSTS (APPROXIMATELY $15 MILLION). (BUDGET AMENDMENT NO. 3)
Councilmember Love said due to anticipation of a long meeting, the Administration was told the briefing would be moved to next week.
Council Members were in favor of postponing detailed discussion on the item but asked Ms. Bruno to give them an overview of new handouts/financial spreadsheets so they could be better prepared for follow-up discussions. Ms. Bruno said the Excel document Council Members received contained three worksheets which analyzed the project with County participation, without County participation and with the Utah Theater project. She said there were three sub-sections to each scenario which reflected variable interest rates.
Councilmember Love asked Council Members to contact staff with questions/concerns before the next briefing/hearing. Councilmember Penfold requested information about current Capital Improvement Project (CIP) percentages and how those percentages would be impacted in the future. Ms. Bruno said calculations could be done based on revenue assumptions.
The meeting adjourned at 8:52 p.m.
This document along with the digital recording constitute the official minutes of the City Council Work Session meeting held November 15, 2011.
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