The City Council met in Work Session on Tuesday, October 9, 2012, at 12:00 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.
Also In Attendance: Cindy Gust-Jenson, Council Executive Director; Ralph Becker, Mayor; Jennifer Bruno, Council Deputy Director; Neil Lindberg, Council Legal Director; Lehua Weaver, Council Policy Analyst/Constituent Liaison; Karen Halladay, Council Policy Analyst; Frank Gray, Community and Economic Development Director; Jeffry Niermeyer, Public Utilities Director; Wilford Sommerkorn, Planning Director; Rusty Vetter, Senior City Attorney; Janice Jardine, Council Policy Analyst; Robin Hutcheson, Transportation Engineer; Helen Langan, Senior Advisor to the Mayor; David Hart, MOCA Systems; Steve Swisher, Swisher Garfield Traub; Robin Carbaugh, Carbaugh Associates; and Cindi Mansell, City Recorder.
Councilmember Simonsen conducted the meeting.
The meeting was called to order at 12:27 p.m.
AGENDA ITEMS
#1. 12:28:15 PM UTA Discussion. The Council and UTA officials will discuss operational issues and potential future issues of mutual interest.
Councilmember Simonsen introduced Keith Bartholomew, Salt Lake City’s Representative on the UTA Board as well as the Assistant Dean for the College of Architecture and Planning at the University of Utah. He also introduced Matt Cybil, UTA Chief Planning Officer.
Mr. Bartholomew stated he is honored to have served as the Salt Lake City representative on the UTA Board since 2003. He briefed the Council on current Utah Transit Authority projects and upcoming changes to services. He and Matt Cybil continued to converse with the Council.
A question and answer period took place, with the Council asking questions relative to specific projects and the UTA representatives providing response. A major topic was free-fare zones and the philosophy associated with that challenge, and including fares in general. The Council expressed desire to be of assistance in the areas of free-fare zones and frequency service increases. Discussion followed regarding certain concepts or projects that could be considered for a type of partnership.
Discussion followed regarding the vision for transit service in Salt Lake City and how the City Council could develop a more intentional approach to all the different ways mass transit could serve a community. Further discussion followed surrounding the challenge between the UTA mission and the City Council to needs identified by Salt Lake City.
Interest was expressed in knowing specific costs to increase service frequency, i.e., to bring all routes from 15 minutes down to 10 and then down to five (or the total it would cost to reinstate all bus lines that had been cut over the past number of years). It was explained that it costs approximately $900,000 to run one route all day. Additional challenges such as increase in traffic and air quality affects were considered.
Desire was expressed between both parties to keep this important dialogue open and consider additional discussions in the near future.
Councilmember Simonsen left the meeting at this time. Councilmember Luke conducted the meeting.
#2. 7:00:50 PM New Performing Arts Center. Receive a briefing from the Administration regarding a resolution that prioritizes the list of optional elements to be included in the New Performance Arts Center. Once reviewed and adopted by the Council, this list will be used by the project team to determine what elements can fit within the current project budget, and which elements may need to be phased over time. View Attachments
Mayor Ralph Becker, Helen Langan, Jennifer Bruno, David Hart, Steve Swisher and Robin Carbaugh briefed the Council from a PowerPoint presentation and attachments.
Topics included project schedule, public workshop comments, base theater program for elements such as lobby, VIP/President’s Lounge, Performance Hall, stage, dressing rooms, and loading dock. Tier I optional elements included black box theater, rehearsal space, banquet facilities/meeting room, roof terrace and winter garden. Tier 2 option elements included mid-block walkway, Regent Street improvements and Regent Street retail. Finally, review took place of a diagram of the iterative design process and proposed reporting and feedback cycle was provided.
Jennifer Bruno said the Council would need to communicate their priorities within one week to allow adequate time to compile the information and provide it within the packet for October 23, 2012.
Councilmember Luke requested an e-mail be sent to the Council as a reminder and that any comments be submitted to Ms. Bruno.
#3. Tentative – Information Management Services (IMS) Update. Receive a briefing from Bill Haight, Director of IMS, on the status of several major technology initiatives for the City, including: View Attachments
•SharePoint implementation;
•GIS updates and opportunities for development;
•Expanding opportunities for residents to communicate with City officials.
This item was not held.
#4. 7:44:34 PM Wasatch Canyons Master Plan. Receive a briefing regarding a comprehensive planning and decision-making process associated with the Wasatch Canyons. The briefing will also include an update of various planning processes currently underway, including: View Map
•Big and Little Cottonwood Canyons;
•Mountain Transportation Study;
•Revision of Salt Lake County’s Foothill and Canyons Overlay Zone;
•Revisions of Salt Lake County’s Wasatch Canyons Master Plan.
Mayor Ralph Becker and Jeff Niermeyer briefed the Council. It was explained that even though Big and Little Cottonwood Canyons and Wasatch Canyons were outside of Salt Lake City proper, the City was thoroughly engaged with these areas due to the fact they were charged with providing high quality and adequate water supply and with that responsibility came extraterritorial (beyond immediate borders) powers and duty to protect the watersheds. It was stated that Administration wanted to update the Council and encourage any feedback or questions in this regard.
A map of the area was illustrated. Discussion followed regarding challenges being seen today never seen before in terms of the activity level and changing circumstances within these canyons. Uses have intensified, the population has grown, and the areas so popular; the fragile nature of the watershed resources was now more important than ever as the valley depends on that water. Mayor Becker discussed proposed development in these areas and the potential negative effects and access to the water supply areas that could come as a result. He stated transportation and public safety issues must be considered for the future and there has been difference of opinion expressed between those wanting preservation and those touting expansion of ski areas. There has been consideration of removing land from federal ownership to private in effort to facilitate development.
Mayor Becker explained for the past several months, all interested parties have worked together to agree to pursue one comprehensive process that would serve everyone involved, both on the municipal and federal level. They are finally arriving at a point to launch an agreement of all major entities to participate in one process that feed efforts and decision-making processes for not just one area or proposal, but all together. He clarified that unless decisions start being considered from a holistic level or approach, the overall end results may not be desirable.
It was stated the current US Forest Service plan does not allow ski area expansion and would need to be amended. Discussion followed regarding the amount of time it takes to make decisions for these areas. Mayor Becker explained it has taken this long for the parties involved to agree to have a more expedited, better coordinated, and efficient process so that developers are not waiting a decade from now for someone to make a decision. He stated he feels it is a huge benefit to our region economically if there is a good way to connect the ski areas, our valley, and those regions on the other side of the basin. If not done the correct way, however, the future of these areas could be jeopardized.
The Council commended Mayor Becker and Jeff Niermeyer on their progress in the broad area process and policy arena; they offered any assistance possible. Mayor Ralph Becker said Administration will be looking for support from the Council in making funds available to protect our valuable resources.
#5. 8:18:07 PM Authorize Opinion Questions to be Submitted to Voters. Receive a briefing regarding a proposal to enact an ordinance authorizing opinion questions (Move to Amend) to be submitted to the voters of Salt Lake City and establishing related procedures (enacting Chapter 2.69 of the Salt Lake City Code). Petitioner – Salt Lake City Council. View Attachments
Neil Lindberg briefed the Council with handouts and a PowerPoint presentation which provided background as well as current issues requested by Move to Amend to be modified or changed. He explained Counsel for the County Clerk’s Office have informally advised the Attorney’s Office of their opinion that the State Election Code (Title 20A) does not allow an opinion question to be placed on a municipal ballot. The question at this time is whether the Council would like to proceed with an ordinance to allow local opinion questions to be presented in a non-traditional way in any combination or format; and if so, consider the Move to Amend proposed amendments and whether they would strengthen the proposed ordinance, and at what cost.
Cindy Gust-Jenson encouraged the Council to consider the suggestions as important policy and budget questions. She said if the draft ordinance was amended, she suggested the Council consider these in the context of being aware that at a later date they could result in cost impacts or policy shifts.
Mr. Lindberg then reviewed the proposed amendments and straw polls were taken as follows:
•Require a voter information pamphlet with arguments for and against a particular question, which would appear on the ballot (whether online or in printed form);
Straw Poll: There was consensus amongst the Council Members present to be consistent and follow the outlined state process and model (UCA Title 20A Election Code) regarding the voter information pamphlet needing to be in written format and made available but could be dispersed by any method.
•Require the City Recorder to act on a request within 60 days;
Straw Poll: There was apparent consensus amongst the Council Members present for the City Recorder to act on a request within 60-days.
•Require the City Recorder to publish an opinion short title and number in at least two Salt Lake County newspapers, including a locally-owned newspaper if one exists;
Straw Poll: There was apparent consensus, with Councilmember LaMalfa abstaining, amongst the Council Members present to publish this information on the Utah Public Notice Website.
There was consensus amongst the Council Members present to follow the standard City process and procedures for notification and to include posting on the City Web Page.
There was a tie vote (Council Members LaMalfa, Garrott, and Penfold voting in favor and Council Members Christensen, Love, and Luke opposed) to include the requirement to publish in the newspapers. It was determined that Councilmember Simonsen would have to determine the vote on this issue.
•Require the Council to approve a resolution within 60 days establishing the time and manner of voting;
There appeared to be consensus to require the Council to approve a resolution within 60 days (from the date of receiving the recommendation from the City Recorder) for the Council to set the date of the election and the manner of voting.
•Include a public review of the vote canvass and require the City Council endorsement by a formal vote;
There appeared to be consensus to refer to the typical canvassing procedures and adopt the same (i.e., accept the canvass in a public meeting to review the board results but not endorsement by a formal vote).
•Require the City Attorney to prepare a formal memorandum analyzing actions the City could take to effectuate the public desire evidenced in an opinion question outcome;
There was consensus not to require a formal action on the part of the City.
•Reduce the signature requirement to one-half the number of signatures required for an initiative; and
Council Members Christensen, Garrott, Love, Luke and Penfold were in favor to adhere to the referendum and initiative requirements and not lower the threshold; Councilmember LaMalfa was opposed because he felt the required amount to be onerous.
•Allow all residents, not just legal voters, to respond to an opinion question.
Citing the need to conduct the election within a defined group of people and adhere to the current process to mandate the level of integrity, there was unanimous consensus not to allow all residents to vote (only legal voters).
Mr. Lindberg stated he would prepare the updated ordinance and bring it back for Council review and consideration.
#6. Council Philosophy Statements. Hold a discussion to review philosophy statements. The Council met in January to discuss priority focus areas and requested that staff provide draft Philosophy Statements for review and refinement by the public. The following philosophy statements have been adopted: Economic Health of the City, Arts & Culture, Neighborhood Quality of Life, and Transportation & Mobility. The remaining philosophy statements will be considered: Sustainability, Parks and Open Space, and Education. View Attachments
This item was not held.
#7. Tentative – Council Retreat Discussion. Hold a follow-up discussion regarding the September 25 Council Retreat, including identifying next steps. View Attachments
This item was not held.
#8. Water and Sewer Revenue and Refunding Bonds Series 2012. Receive a briefing regarding a resolution authorizing the issuance and sale of up to $30,000,000 of the City’s Water and Sewer Improvement and Refunding Revenue Bonds. The bonds will be used to: View Attachments
•Finance all or a portion of water, sewer, and storm water system improvements in the amount of approximately $8 million;
•Provide for the advance refunding of the callable portion of its Water and Sewer Revenue Bonds, Series 2004; and
•Pay costs of issuance.
Written Briefing Only.
#9. Revisions to Salt Lake City Criminal Code. Receive a written briefing regarding an ordinance updating the City’s criminal code and repealing most of the City’s criminal code provisions that duplicate Utah Criminal Code provisions. The City Prosecutor’s Office, City Attorney’s Office, and Police Department have concluded that the vast majority of the duplicate provisions are not necessary. View Attachments
Written Briefing Only.
#10. 9:11:56 PM REPORT OF THE EXECUTIVE DIRECTOR, including a review of Council Information items and announcements. View Attachments
See file M 12-5 for announcements.
#11. 9:16:06 PM REPORT OF THE CHAIR AND VICE CHAIR, including an update on Council interest items and a report on meeting with the Chair and Vice Chair of various city boards and commissions.
Councilmember Luke encouraged the Council to look at the written briefings on the Water and Sewer Revenue and Refunding Bonds and the Revisions to Salt Lake City Criminal Code. Also, provide information back on the Council Retreat as well as prioritizing items for the New Performing Arts Center.
Councilmember Garrott stated he met with Staff regarding the Good Landlord Program; they were proposing a meeting to have a conversation informally before having a public meeting. He inquired as to interest; Councilmember Penfold had also expressed interest. Councilmember Luke said for the time being, they could proceed and he might be interested depending on whether Councilmember Simonsen was or not.
#12. 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;
g) A STRATEGY SESSION TO DISCUSS DEPLOYMENT OF SECURITY PERSONNEL, DEVICES OR SYSTEMS PURSUANT TO UTAH CODE §52-4-205(1) (f); AND
h) A SESSION TO INVESTIGATE PROCEEDINGS REGARDING ALLEGATIONS OF CRIMINAL MISCONDUCT, PURSUANT TO UTAH CODE §52-4-205(1) (g).
This item was not held.
The meeting adjourned at 9:17 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 the entire content.
This document along with the digital recording constitute the official minutes of the City Council Work Session meeting held October 9, 2012.