The City Council met in Work Session on Tuesday, November 4, 2014, at 2:16 p.m. in Room 326, Committee Room, City County Building, 451 South State Street.
In Attendance: Council Members James Rogers, Luke Garrott, Erin Mendenhall, Charlie Luke, Kyle LaMalfa, and Stan Penfold.
Excused: Councilmember Lisa Adams
Staff in Attendance: Cindy Gust-Jenson, Executive Council Director; David Everitt, Mayor’s Chief of Staff; Margaret Plane, City Attorney; Jennifer Bruno, Deputy Council Director; Gina Chamness, Budget Director; DJ Baxter, Redevelopment Agency Director; Russell Weeks, Council Senior Policy Analyst; Nick Tarbet, Senior Public Policy Advisor; Marco Kunz, Senior City Attorney; Larry Bowers, Airport Operations Manager; Jan Aramaki, Council Policy Analyst; Ben Luedtke, Council Policy Analyst; Jaysen Oldroyd, Senior City Attorney; Sean Murphy, Council Policy Analyst; Nole Walkingshaw, Manager of Institutional Engagement; Jessica Thesing, Economic Development Manager; Cheri Coffey, Assistant Planning Manager; Casey Stewart, Senior Planner; Michaela Oktay, Planning Manager; Julianne Sabula, Streetcar Program Manager; Robin Hutcheson, Transportation Director; Orion Goff; Building Services Manager; Alden Breinholt, Operations Division Manager; Mary Beth Thompson, Finance Revenue Manager; Bridget Stuchly, Sustainability Outreach Coordinator; Ryan McFarland, Property Manager; Mary DeLaMare-Schaefer, Deputy Community & Economic Development Director; Mike Akerlow, Housing and Rehabilitation Director; and Cindi Mansell, City Recorder.
Others in Attendance: Scott Riding, Managing Partner of Y2K Analytics
Councilmember Luke presided at and conducted the meeting.
The meeting was called to order at 2:16 p.m.
AGENDA ITEMS
#1. 2:16:16 PM RECEIVE A FOLLOW-UP BRIEFING REGARDING BUDGET AMENDMENT NO. 1 FOR FISCAL YEAR 2014-15. Budget amendments happen several times each year to reflect adjustments to the City’s budgets, including proposed project additions and modifications. This amendment contains a number of proposed adjustments to the Fiscal Year 2014-15 budget, including funding for: staff to handle increased installation of fiber networks in the City, conversion of additional City fleet to electric vehicles, a program to harvest fruit from local fruit trees, maintenance of protected bike lands, and purchase of unused golf course property to be maintained as open space. View Attachments
Jennifer Bruno, Gina Chamness, Mary Beth Thompson, Ryan McFarland, Mary DeLaMare-Schaefer, Mike Akerlow, Robin Hutcheson, Bridget Stuchly, and Alden Breinholt briefed the Council with attachments.
Ms. Bruno explained Administration had recommended 52 proposed adjustments totaling $44,144,312, including a net total of $999,979.30 in expenditures from General Fund balance. She referenced the FY 2014 Revenue Update. Inquiry was raised as to status of fund balance, with Ms. Chamness stating this was the first year that had increased the fund balance in terms of surplus revenue as well as savings on the expense side. She said it had been typically in the 11% range and 13% was projected.
Inquiry was raised regarding reduced revenue associated with fines and forfeitures. Ms. Thompson said this was due to parking tickets and the inability to enforce them on expired meters at certain periods of time due to technical problems with the pay stations during March-June. She said there was also a decline in traffic violations. Inquiry was raised as to whether this moving violation decline was a trend or if administrative policy or approach had resulted in change. Ms. Thompson said she would follow-up on that information.
Inquiry was raised as to the request for $221,000 from the General Fund for Project Docs application hosting software, whether cost savings had been calculated to the private sector, and whether the hosting costs would remain as a continued General Fund expense. Ms. Gust-Jenson said the overall City needs far outweigh the existing technology resources and the Council might at some point want to schedule a briefing on status, model, and internal versus external services. She said the suggestion was not to delay this funding because of upcoming construction needs but to hold off on additional requests pending a briefing because there were many needs and not enough resources.
Inquiry was raised regarding the Fruit share SLC Green Program, or $35,000 (Refuse Fund) ongoing request for the next three years, with funding sustainability anticipated in 2018. Ms. Stuchly discussed the challenges associated with the health of trees and evaluating how to move forward. She said when conducting national research, it was found sustainability improved by charging a small fee for residents to enroll to help cover the maintenance of those trees. She said this involved additional partnerships and services that offer fruit tree pruning to enable healthier and additional fruit. She said a survey was conducted and many indicated they would be willing to pay a small fee. Councilmember Garrott said he felt it would be unknown if that fee would cause sustainability or result in the opposite effect.
Discussion followed regarding continued/annual maintenance for bike lane striping for those other than protected, snow removal equity on sidewalks, annual maintenance estimates and suggested use for the golf parcels, sewer line repair, and the animal services contract term. Mr. Breinholt said the intent was to buy equipment to focus on protected bike lanes because they were narrower; the plan was to expand those out to additional bike lanes which were typically taken care of by plow trucks. Councilmember Penfold said bike lane emblems were painted with one-time funding and requested the emblems, bike lane and crosswalk striping become captured in annual maintenance budgets. Councilmember LaMalfa said he wanted to ensure funding to provide for golf parcel continued maintenance at the minimum standard or level required for all properties; he specifically referenced the property along the Jordan River Parkway from 1700 – 2100 South. Mr. McFarland said staff evaluated the west side of Forest Dale Golf Course property at a higher rate because it was assumed it would be sold as public lands zone instead of Open Space, whereas the other properties were not being considered for zone increases at this time. It was stated that raccoon remediation was not included in the animal services contract.
Discussion followed regarding the citywide public opinion survey. Scott Riding said the survey audience was intended for addressable Salt Lake City households and there was no way to randomly sample the homeless residents. He described typical methodology (youngest household member) and said the most important aspect was to reflect random population sampling; he described the costs and benefits of phone versus mail response and online follow-up as representative of dual-mode sampling in effort to illustrate comparison. He further referenced the variety of languages, including Spanish, and methodology geared towards reducing costs to the City long term.
Further discussion followed regarding the Council Office constituent tracking system, with Ms. Bruno stating the original plan was to begin with the Council Office and (depending on success and available funds) branch out to other departments. Ms. Gust-Jenson said previously, there was a lot of duplication of staff efforts, constituents receiving different information from different areas, a particular person not being available, inadequate public service, and the benefit would be to offer a more regulated tracking system.
Inquiry was raised regarding the Liberty Park Master Plan, with Ms. DeLaMare-Schaefer stating this was a project headed by Public Services, Parks, and Planning. She said the intent was to continue with the Civic Engagement process to work with all departments to establish foundation information prior to establishing these master plans.
Mr. Akerlow provided details as to the Kiewit Donation for outdoor multipurpose space at the Sorenson Unity Center. He outlined two options for how this money might be used to further the goals of the center and the City for environmental education. He said remaining funds would be raised through private sources/donations.
A straw poll was conducted with unanimous support of the Sorenson Unity Center outdoor expansion to accommodate as many uses as possible (option to construct a larger outdoor shaded classroom pad).
A straw poll was conducted with unanimous support to apply for the Food Insecurity Nutrition Incentive Grant and committing to spend $60,000 from the Sustainability Fund if the grant was awarded.
Ms. Bruno addressed the Green Bike expansion ($75,000 – General Fund). She said recently, the RDA considered a budget request towards expansion of the system through installation of new station locations. Councilmember Penfold had requested Council consideration of general fund money toward the expansion as well. Ms. Hutcheson said no operating funds had been requested and the model was public/private partnership and private sponsorship was primarily what was used for the operation system. Councilmember LaMalfa addressed the success of the HIVE pass and inquired if the Council was amenable to tie some type of pass access with the Green Bike program (such as free bike rides). Councilmember Penfold said the RDA had expressed willingness to make that work and he would be amenable with combining passes or offering gifts. Staff was asked to respond with ideas or information in this regard.
Discussion followed regarding the Eve Celebration and $25,000 request from Downtown Alliance. Ms. Bruno said funding would help build a device to mark the end of the Eve Celebration; the device would replace the traditional fireworks display from previous First Night and Eve Celebrations. Councilmember Garrott suggested a Legislative Action to ban future fireworks displays and improve air quality.
Ms. Gust-Jenson said staff understood there was unanimous Council support to address the use of lethal force and Sexual Assault Processing issues. She said these issues have a strong mix of Administrative and Legislative components; Council Staff was ready to begin working with Administration for them to weigh in on which of these tools would be best. She said this would most likely result in a combination of three-four approaches which would require a great deal of Administrative input. She said Council Staff had identified tools and then paved the way to identify barriers, as well as potential costs. She requested Council permission for Staff to begin working with Administration. Councilmember Garrott said he wanted to retain the idea of building a crime lab on the list of options. Councilmember LaMalfa said there were two other items suggested (audit and training); Ms. Gust-Jenson said it was likely there were Council resources for the audit and Staff would return with the rape kit issue basic scope to determine understanding.
#2. 3:40:42 PM HOLD A FOLLOW-UP BRIEFING ON PROPOSED CHANGES TO THE CITY’S GROUND TRANSPORTATION REQUIREMENTS, SPECIFICALLY RELATING TO TRANSPORTATION NETWORK COMPANIES, SUCH AS UBER AND LYFT, WHICH USE MOBILE INTERNET APPLICATIONS TO CONNECT PASSENGERS WITH DRIVERS. THE PROPOSAL WOULD: View Attachments
•allow “transportation network companies” to operate in Salt Lake City. Uber and Lyft are examples of transportation network companies.
•require all ground transportation businesses:
o to carry the same level of commercial liability insurance and name Salt Lake City as an additional insured party;
o to have drivers undergo the same background checks; and
o to have vehicles undergo the same City vehicle inspections.
•eliminate the 30-minute pre-arrangement requirement for ground transportation vehicles.
•eliminate the $30 minimum fee for limousine services.
•Allow on-demand service for ground transportation companies except at the Salt Lake City International Airport – for destinations within Salt Lake City. On-demand service at the airport for destinations outside Salt Lake City will continue to be allowed.
Russell Weeks, Marco Kunz, Larry Bowers, and Margaret Plane briefed the Council with attachments. Mr. Weeks said previous reports and discussions about proposed amendments to Salt Lake City’s ground transportation ordinances have revolved around the current ordinances and proposed amendment requirement that ground transportation companies provide $1.5 million in commercial liability insurance for each ground transportation vehicle. He said the new information involved five items: whether Transportation Network Companies should be allowed to operate within Salt Lake City; the status of insurance related to the City Council’s discussion; figures pertaining to fees charged ground transportation companies; Better Business Bureau ratings; and a summary of points presented by W. Cris Lewis in his capacity as an economist advisor to Yellow Cab Utah. He clarified the proposed amendments pertaining to insurance were similar to Colorado and California State laws.
A unanimous Straw Poll (5-0) was approved to allow Transportation Network Companies (TNC’s) to operate in Salt Lake City. Councilmember Adams was excused and Councilmember Penfold was not present for the vote.
Discussion followed regarding background checks and badge issuance based on threat assessment, the concept of offering a separate less-stringent badge, risk assessment, City liability, insurance requirements and how this could be handled as consistently as possible, the per-trip cost, background check, and licensing fees. Ms. Kunz said the concept of the driver and the company relationship should be separate; she said the Administration was concerned about adequate insurance to protect the public.
Ms. Plane explained Risk Management was asked as to whether they could perform a risk assessment; however, there had been no claims for Salt Lake City specifically to consider or reference. She said in terms of the $1.5 million requirement that was a policy decision made four years ago when the City’s taxi cab ordinances were passed. She clarified the insurance requirement was for auto liability insurance to regulate the businesses as well as protect the public. Councilmember Garrott said he wanted to see the $1.5 million requirement lowered.
A 4-1 Straw Poll was conducted to require all ground transportation businesses (including Transportation Network Companies) to carry the same level of commercial liability insurance as well as name Salt Lake City as an additional insured party at the level of $1.5 million to match the proposed ordinance; Council Members LaMalfa, Mendenhall, Rogers, and Luke voted aye; Councilmember Garrott voted no. Councilmember Adams was excused and Councilmember Penfold was not present for the vote.
The Council discussed FBI, TSA, and City requirements relative to background checks. Councilmember Garrott said he wanted to table the background check until a broader explanation could be provided. Mr. Bowers outlined standards across the board, including 33 types of disqualifying offenses (within 5 years). Inquiry was raised as to whether there were other major disqualifiers besides crimes, with Mr. Bowers stating he could not answer to TSA screening practices. He said he did not have the numbers of those individuals who passed the FBI background test and then not the TSA required test; he said there were very few. Discussion followed that a different background system would most likely result in additional cost.
A 5-1 Straw Poll was conducted to require drivers of all licensed ground transportation businesses (including Transportation Network Companies), to undergo the existing background checks according to the current practice as written in the proposed ordinance. Council Members LaMalfa, Mendenhall, Rogers, Luke, and Penfold voted aye; Councilmember Garrott voted no. Councilmember Adams was excused.
Discussion followed regarding the AVI charge for commercial vehicles with Ms. Kunz stating that was a cost recovery fee calculated each year and then balanced/trued up. She clarified the costs were carefully tracked, the AVI fee changed each year, the FAA required it. Mr. Weeks said this was an actual cost pass-thru fee born by the driver. Further discussion followed regarding process for vehicle inspections, with Ms. Kunz offering explanation regarding the numerator and denominator involved in the complex formula.
A 5-1 Straw Poll was conducted to consistently require all ground transportation businesses to have vehicles undergo the same City vehicle inspections at the Airport, to follow the anticipated revenue-neutral recommendation, and for the ability to address the procedure should it result in potential Airport subsidization. Council Members LaMalfa, Mendenhall, Rogers, Luke, and Penfold voted aye; Councilmember Garrott voted no. Councilmember Adams was excused.
A unanimous Straw Poll was conducted to eliminate the 30-minute pre-arrangement requirement for ground transportation vehicles. Councilmember Adams was excused.
A unanimous Straw Poll was conducted to eliminate the $30 minimum fee for limousine services. Councilmember Adams was excused.
A unanimous Straw Poll was conducted to support allowing on-demand service for all ground transportation companies except for the Salt Lake City International Airport to Salt Lake City destinations (outside the City be allowed to continue); and for Council consideration of the ordinance to be conducted on November 18, 2014. Councilmember Adams was excused.
Councilmember Rogers inquired about requiring TNC’s to be ADA compliant. Mr. Weeks discussed differing requirements between City Code Sections 5.71 and 5.72. Discussion followed regarding the ordinance most likely continuing to evolve or change as necessary. The Council requested Staff put together the ordinance for November 18, 2014 consideration.
Mr. Weeks addressed emergency powers and the allowance of the department director to waive or impose restrictions in Chapters 5.71, 5.72, and 16.60 on a temporary basis, with the approval of the Mayor and upon notice to the City Council under certain conditions. Discussion followed as to whether Council approval should be included, and for the ability of the Council to consider the condition within 60 days.
Mr. Weeks said the final item 5.72.405, regulation of taxi cab rates set by the City Council, shortens (from 6 months to 3 months) the ability for each taxicab business to file a statement regarding the adequacy of the existing maximum rates.
#3. 5:36:42 PM DISCUSS OPTIONS FOR REGULATING HORSE-DRAWN CARRIAGES ON CITY STREETS. OPTIONS INCLUDE: View Attachments
•Prohibiting horse-drawn carriage businesses from operating on City streets except for special events such as parades; or
•Allowing carriage businesses to continue operating as detailed in current ordinance.
Jan Aramaki, Ben Luedtke, and Jaysen Oldroyd briefed the Council with attachments. Discussion followed regarding there not currently being any operating carriage businesses within Salt Lake City, and Council consideration was requested regarding continuance. Staff reviewed the three proposed ordinances and potential impacts and timeframes involved.
A unanimous Straw Poll was conducted to move forward with Ordinance Option 3 to prohibit horse drawn carriages on City streets unless connected with a special event or free-expression activity. Councilmember Adams was excused.
Councilmember Luke said Council consideration would be for a public hearing and potential action to be scheduled for November 25, 2014.
#4. 5:52:16 PM RECEIVE A STATUS UPDATE ON THE CITY’S WORK WITH GOOGLE FIBER TO EXPLORE BRINGING THE HIGH-SPEED BROADBAND NETWORK TO SALT LAKE CITY RESIDENTS. View Attachments
Mary DeLaMare-Schaefer, Jessica Thesing, Sean Murphy, and Nole Walkingshaw briefed the Council with attachments. Ms. Thesing said Staff was awaiting response that tentatively should be relayed before the first of the year. She said the intent of Google was to announce all of the cities at the same time; should Salt Lake City be selected, the Council would have opportunity to review and approve the franchise licensing agreement.
Inquiry was raised that beyond an increased level of service, what other considerations were important for government to pay attention and protect consumers. Mr. Walkingshaw said other providers were not going to just roll over; there would be competition amongst providers. Further discussion followed regarding infrastructure and pricing to be made available.
Discussion followed regarding the two new positions requested within Community & Economic Development to broadly oversee information and construction management of large infrastructure projects such as Google Fiber. Ms. DeLaMare-Schaefer said these types of positions were useful internally as well as within the community, and the intent was not to begin a project with this magnitude without knowing the expectations. Ms. Thesing added the Google Fiber process provided insight of what could be expected for these types of technology requests, and Staff was trying to get ahead of the game and have people in place to deploy the best service possible. Ms. DeLaMare-Schaefer said the desire was to start thinking about how to best be a proactive voice and make an investment into the community rather than filling in by hiring consultants on an incident by incident (as-needed) basis.
Councilmember Garrott requested staff provide additional information of different scenarios for expansion of commercial activity, infrastructure investment, disruption, construction, or scenarios as to what residents might expect from this type of project. Ms. Thesing said Staff would be happy to provide the information and expectation was for the new positions to be able to coordinate and assist in answering these questions. Councilmember LaMalfa expressed concern that the intended “Community Manager” position would not actually work with the community. Discussion followed regarding anticipated job duties, benefits, function, and abilities.
#5. 6:22:00 PM DISCUSS PROPOSED BUS STOP AND BIKE SHARE STATION DESIGN GUIDELINES DEVELOPED AND IMPLEMENTED BY THE ADMINISTRATION. As new bus stops and bike share shelters are built in the City, the guidelines will be applied to improve the comfort of transit customers and enhance the urban design of the City. The purpose of this discussion was for the Council to share ideas and refine the design guidelines, which will continue to be modified through the upcoming Transit Master Plan process. View Attachments
Nick Tarbet, Casey Stewart, Michaela Oktay, Cheri Coffey, Julianne Sabula, and Robin Hutcheson briefed the Council with attachments. Discussion followed regarding non-binding UTA standards in comparison to these City guidelines, potential for investing in transit stops, placement, setback, massing, remaining flexible, assisting or impeding users, advertising, potential for stop or station naming rights, guidelines utilized by other entities, fee waivers for construction on City right-of-way etc.
A unanimous Straw Poll was conducted to request City Administration support aggressive expansion of bus stop amenities, consider barriers and opportunities available. Councilmember Adams was excused.
#6. 3:29:43 PM RECEIVE A BRIEFING FROM ADMINISTRATION REGARDING A RECOMMENDED TWO-YEAR EXTENSION TO THE SUGAR HOUSE PROJECT AREA. This requires the consent of the City and the other taxing entities through an interlocal agreement. Also, the RDA staff was recommending the execution of a Payment Confirmation Agreement with the City and the other taxing entities to resolve an issue raised regarding tax increment payments for last year and this year. View Attachments
DJ Baxter briefed the Council with attachments.
Councilmember LaMalfa expressed concern relative to balance and growth, the risk of extending a project area and not following through with commitment, and potential criticism for extension of project areas. He said the practicality was related to growth and depreciation, not necessarily loss of revenue but failure to grow. He discussed the increase in construction across the City, new growth, typical expectations for reduction due to personal property details, etc. Mr. Baxter said the extension could only occur with the cooperation of the Taxing Entity partners; he said meetings were scheduled and Staff was optimistic there would be support.
#7. 6:42:05 PM 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 14-5 for announcements.
#8. REPORT OF THE CHAIR AND VICE CHAIR.
Item not held.
#9. CONSIDER A MOTION TO ENTER INTO CLOSED SESSION, IN KEEPING WITH UTAH CODE § 52-4-205, FOR ANY ALLOWED PURPOSE.
Item not held.
The meeting adjourned at 6:48 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 November 4, 2014.
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