The City Council met in Work Session on Tuesday, September 22, 2015, at 2:08 p.m. in Room 326, Committee Room, City County Building, 451 South State Street.
In Attendance: Council Members Luke Garrott; James Rogers; Erin Mendenhall; Charlie Luke; Kyle LaMalfa; Stan Penfold; and Lisa Adams.
Staff in Attendance: Cindy Gust-Jenson, Executive Council Director; Jennifer Bruno, Executive Council Deputy Director; David Everitt, Mayor’s Chief of Staff; Margaret Plane, City Attorney; Sean Murphy, Council Public Policy Analyst; Michael Akerlow, Housing and Neighborhood Development Director; Robin Hutcheson, Transportation Division Director; Lynn Jarman, Public Utilities Financial Analyst; Nancy Monteith, Parks Landscape Architect; Russell Weeks, Senior Council Public Policy Analyst; Julianne Sabula, Transportation Division Streetcar Program Manager; Larry Bower, Airport Landside Operations Manager; Marco Kunz, Senior City Attorney; Nick Tarbet, Council Public Policy Analyst; Michaela Oktay, Planning Manager; Maryann Pickering, Principal Planner; and Scott Crandall, Deputy City Recorder.
Guests in Attendance: Tom Brennan, Nelson/Nygaard Consulting Associates Project Director; Hal Johnson, Utah Transit Authority (UTA); and Fred Philpot, Lewis Young Robertson and Burningham, Inc.
Councilmember Garrott presided at and conducted the meeting.
The meeting was called to order at 2:08 p.m.
Note: Some Agenda Items were addressed out of order.
AGENDA ITEMS
#1. RECEIVE A WRITTEN BRIEFING ON PROPOSED CHANGES TO THE CITY’S CITY-OWNED PROPERTY REGULATIONS, SPECIFICALLY RELATING TO PARKS AND PUBLIC LANDS. Under the proposal, existing park rules would be applied to all lands managed by, maintained by or under the jurisdiction of the Parks and Public Lands division. The proposal would also direct that funds from the sale of surplus property be deposited into the respective open space fund or enterprise fund. (Formal Meeting Item - F1)
No discussion was held.
#2. 2:08:30 PM CONTINUE TO DISCUSS THE MAYOR’S RECOMMENDED BUDGET RELATING TO THE CITY’S CAPITAL IMPROVEMENT PROGRAM (CIP) FOR FISCAL YEAR 2015-2016. Capital improvements involve the construction, purchase or renovation of buildings, parks, streets or other physical structures. Generally, projects have a useful life of five or more years and cost $50,000 or more.
Sean Murphy, Jennifer Bruno, Nancy Monteith, David Everitt, Robin Hutcheson, Lynn Jarman, and Mike Akerlow briefed the Council with attachments. Mr. Murphy reviewed prior discussions/decisions and said approximately $5.7 million remained to be allocated.
Discussion/decisions were made on the following categories/projects: (logsheet)
Discussion was held on Councilmember LaMalfa’s proposal relating to the development of important nodes along Indiana Avenue/9th West corridor. Mr. Murphy said improvements included pedestrian safety projects, bulb-outs/crosswalks along Indiana Avenue, 900 South 900 West (Oxbow) lane reconfiguration, complete streets, and intersections. Councilmember LaMalfa explained additional aspects of the proposal which included funding only projects located in the Westside Master Plan area. Straw Poll: Support for $2.38 million proposal ($500,000 from current set-aside, $1 million from Class C funds, and the balance ($880,000) from Capital Asset Management (CAM) fund. All Council Members were in favor. Councilmember LaMalfa said he hoped Community and Redevelopment Agency Development Areas (CDAs/RDAs) could be coupled with this proposal to fuel implementation of the Westside Master Plan.
Discussion was held on an “Council Added” project suggested by Councilmember LaMalfa to master plan the State Street area (Council was already considering a CDA along State Street corridor). Councilmember LaMalfa said a master plan would benefit the City and RDA as a guiding document for how that area should grow. He said the plan could be called “Unifying Small Area Plan”. Councilmember Garrott asked if the proposal was for the current budget. Councilmember LaMalfa said yes. Councilmember Penfold suggested funding the plan through the RDA. Councilmember Garrott suggested having Planning prepare the plan so it could be officially adopted. He said the plan could be funded by the RDA.
Councilmember Luke requested for future CIP budget discussions that some type of streets master plan be prepared listing specifics about proposed projects (location, costs, etc.) so Council Members would have a better idea of the overall picture (include intent language, project prioritization, public transparency). Mr. Murphy said they would include that request in future CIP priority discussions with the Administration. Councilmember Luke said the same concept needed to be incorporated in general budget discussions as well. Councilmember Luke also requested that all project information be put/listed in one location so street projects could be easily recognized in the broader CIP list. Ms. Gust-Jenson asked for more clarification on direction about the General Fund budget. Councilmember Luke said some things were funded through the General Fund and having that list available to see if there were smaller projects being funded through the General Fund, the Council would be able to use the same process/context.
Councilmember Adams requested a detailed plan of how the City planned to address (repair/replace) all City streets in a shorter timeframe than the “105” year plan. She said this needed to be a Council priority (list to include funding amounts). Ms. Gust-Jenson said Staff would work with the consultant/Administration to determine the annual investment needed for 10, 20, or 50-year schedules and get information back to the Council so a policy decision could be made. Councilmember Penfold said research was needed to determine if Streets had capacity/funding to accomplish re-prioritization. Councilmember Garrott said he thought Councilmember Adams request could be addressed through the Council’s CIP audit (available in early fall).
Straw Poll: Councilmember Luke suggested asking Staff to work with Transportation, Streets, and Engineering to develop a prioritized list of needed projects (identify project areas and provide projected timeframes on life/usability). He suggested having them focus on information already available, not information they needed to create (put current information in a usable format). Councilmember Garrott asked if Council supported the suggestion. All Council Members were in favor.
Discussion was held on the “Historically Funded thru CIP” category:
Item 25: 337 Community Garden. Councilmember Garrott said the garden was already installed and asked for additional information. Ms. Monteith explained the proposal. She said there was a small area which could be developed as a pocket park. Straw Poll: Support to fund $135,000 (project impact fee eligible). All Council Members were in favor.
Item 22: Parks-Public Lands set-aside (PPL) Deferred maintenance Citywide. Ms. Bruno explained the proposal. Councilmember Penfold expressed concern that some proposed projects were new park amenities, not deferred maintenance. He said clarification was needed for future discussions defining deferred maintenance parameters and what projects really belonged in the General Fund (fund maintenance through department budgets).
Straw poll: Support to approve Item 19 (Percent for Art - $166,977); Item 20 (Contingency - $100,000); Item 21 (Facilities – CIP ongoing deferred maintenance-various City-owned general fund buildings - $490,000); and Item 22 (deferred maintenance Citywide - $590,000) for current CIP funding and that Items 21 and 22 be funded through the General Fund next year and beyond. All Council Members were in favor.
Further discussion was held on the Capital Asset Management account regarding available funds.
Discussion was held on the “Impact Fees/Class C” category.
Item 23: Indiana Avenue/900 South Rehabilitation (Gladiola St to the Surplus Canal), Indiana Avenue/900 S from Gladiola St to the Surplus Canal. Straw Poll: All Council Members were in favor of funding levels recommended for Impact Fees ($1,591,000) and Class “C” ($1,200,000).
Item 29: 1300 South Bicycle Bypass (pedestrian/bicycle master plan implementation), parallel route north of 1300 south including several smaller streets, from 200 East to 500 West. Discussion was held with Ms. Hutcheson regarding crossing improvements. Councilmember Mendenhall asked about potential cost sharing with the Utah Transit Authority (UTA). Ms. Hutcheson said they were working with UTA and would pursue a cost sharing partnership. She said they were also pursuing funding assistance through the “Transportation Alternative Program” and “Regional Funding Assistance”. Further discussion was held on matching requirements relating to impact fees. Straw Poll: Support to fund $460,000 ($200,000 General Fund, $46,000 Impact Fees, and $200,000 matching funds). All Council Members were in support, except Councilmember Luke, who was opposed.
Item 28: Urban Trail Network, Citywide. Discussion was held with Ms. Hutcheson regarding aspects of the proposal (McClelland & City Creek were only impact fee eligible trails). Councilmember Rogers asked about potential to utilize “Proposition One” funding. Ms. Hutcheson said she would review the proposal and let Council know which items were eligible. Councilmember Rogers said other CIP projects needed to be reviewed for potential “Proposition One” funding. Straw Poll: Support for $250,000. Council Members Mendenhall, Penfold, Garrott, and LaMalfa were in favor. Council Members Adams, Luke, and Rogers were opposed. Note: amount reduced to $50,000 through later straw polls ($150,000 to Item 26 and $50,000 to Item 43).
Item 43: Public Way Concrete Restoration Program: Curb & Gutter Retaining Walls and Structures, Citywide. Mr. Jarman explained the proposal. Discussion was held about an assessment study being performed by Public Utilities (PU) regarding potential to shift the curb and gutter program to PU/StormWater (review legal barriers). The Council requested Engineering and PU work together to avoid duplicating efforts on conducting a Citywide survey and/or evaluating specific locations. Straw Poll: Support for $250,000. All Council Members were in favor, except Council Members Garrott and LaMalfa, who were opposed.
Item 24: Street Improvements 2015/2016 - Pavement Overlay, Reconstruction, and Preservation, Citywide. Councilmember Luke suggested allocating the remaining CIP balance to this item.
Further discussion was held on Item 35: Warm Springs Park, 840 North 300 West (100,000); Item 32: Plaza 349 Parking Canopy & Solar PV Array - 349 South 200 East ($150,000); Item 31: Bus Stop Enhancement Match Funds, various bus stops/corridors within Council District 4 $100,000 – leverage funds; Item 26: Pedestrian Safety Improvements, Citywide (potential to utilize parking revenue, traffic/parking fines, and $75,000 in impact fees); Item 24: Street Improvements 2015/2016 - Pavement Overlay, Reconstruction, and Preservation, Citywide. Straw Poll: Support for $300,000 for Item 26/Pedestrian Safety; $50,000 for Item 28/Urban Trails; $150,000 for Item 32/Plaza 349 concrete; $100,000 for Item 35/Warm Springs Park; $100,000 for Item 31/Bus Stops; and the remaining amount (approx. $532,000) going to Item 24/Local Streets. All Council Members were in favor except Councilmember Adams who was opposed.
Item 27: Downtown Park, location to be determined (TBD). Ms. Bruno said the park was 100% impact fee eligible. Straw Poll: Support for $900,000. All Council Members were in favor.
#3. 4:35:26 PM RECEIVE AN UPDATE FROM NELSON/NYGAARD CONSULTING ASSOCIATES ON THE STATUS OF THE TRANSIT MASTER PLAN (TMP). The update will include a progress report and an opportunity for Council to provide feedback on developing the framework for evaluating future transit service in Salt Lake City.
Russell Weeks, Tom Brennan, Julianne Sabula, and Robin Hutcheson briefed the Council with a PowerPoint and attachments. Comments included progress towards preparing a transit master plan, public involvement including outreach events and stakeholder interviews, goals and evaluation framework, programmatic evaluation measures, Transit Master Plan goals and objectives, and summary of key transit service needs/gaps.
#4. 5:00:54 PM RECEIVE AN UPDATE REGARDING A STUDY OF TRANSIT OPTIONS TO CONNECT DOWNTOWN SALT LAKE CITY WITH SOUTH DAVIS COUNTY. The recommended Locally Preferred Alternative route includes a recommendation that Bus Rapid Transit be developed on 400 West. The briefing will clarify that the Locally Preferred Alternative would extend from Bountiful to Salt Lake City utilizing S.R. 89 and 400 West and would terminate at North Temple.
Russell Weeks, Robin Hutcheson and Hal Johnson briefed the Council with attachments. Mr. Weeks said Council needed to consider why this was not being done as a part of the TMP. Discussion was held on policy questions listed in the attachments. Comments included having 60-foot buses in regular traffic lanes, continued Bus Rapid Transit (BRT) lanes along 400 South, limited congestion along 400 West, signal prioritization given to buses, Locally Preferred Alternative (LPA) issues, where would LPA lanes operate/terminate, high capacity fixed guide-way system, LPA already adopted by other cities, financial commitment not being made by adopting LPA, separate funding process to develop financial plan, county-to-county connection, and potential to include proposal in HIVE pass.
Councilmember Garrott requested detailed information about components envisioned along 400 West relating to transit/buses/stations. He said it appeared Council was comfortable moving forward with the proposed language with a modification to change fixed guide-way language to BRT). Mr. Weeks said Staff would prepare motions for October 6th. Councilmember Garrott asked Council Members to let Staff know if they had any further changes/concerns.
#5. 5:35:05 PM RECEIVE A BRIEFING FROM THE DEPARTMENT OF AIRPORTS ABOUT OPTIONS FOR REGULATING RATES GROUND TRANSPORTATION COMPANIES CHARGE; ADMINISTRATIVE STEPS TAKEN TO IMPROVE GROUND TRANSPORTATION SERVICE; AND PREPARATION AND POTENTIAL RESEARCH NECESSARY TO AMEND EXISTING ORDINANCES TO IMPROVE SERVICE TO THE PUBLIC. The briefing will include discussion with the Council on its perspective on improving ground transportation service. The briefing and discussion are intended to result in an ordinance for the Council to consider at a later date.
Russell Weeks, Larry Bowers, and Marco Kunz briefed the Council with attachments. Comments included statute enacted for Transportation Network Companies (TNCs), Uber/Lyft issues, TNC certification, transportation rate issues/metering, monitor complaints/performance, Mystery/Secret Shopper reports, Americans with Disabilities Act (ADA) accessibility issues, impacts from deregulating taxi industry, jurisdictional issues, vehicle inspection/registration, and dwell time issues.
Councilmember Adams requested the Airport install signage advising customers about various forms of available transportation options including costs (fund information booth with personnel). Mr. Bowers said they would explore options.
Councilmember Penfold asked if ordinance modifications were needed to comply with the new State law. Ms. Kunz said even though State law pre-empted the City’s ordinance, insurance requirements needed to be changed to be in technical/strict compliance.
Councilmember LaMalfa asked how Council could help empower Airport investigations. Mr. Bower’s said their public relations department was exploring the potential for public surveys and other ways to acquire data.
Discussion was held on issues/ideas Council Members wanted the Airport to consider and provide feedback on relating to its effort to improve public service.
•Councilmember Penfold - rate evaluation across all providers including TNCs (help determine market rate - potential to adjust maximum cap)
•Councilmember LaMalfa - provide report identifying percentage of extreme experiences customers were having (don’t report about averages)
•Councilmember Garrott - measure “perception of service” of 1) Airport customers, 2) people frequenting Downtown, 3) Citywide customers, 4) low-income access (some providers refuse rides in low-income areas), and 5) customers requiring ADA accessibility.
•Councilmember Mendenhall - dwell-time issues relating to staging areas at the Airport.
•Councilmember Adams - public perception about the number of taxis and TNCs that were ADA compliant.
Councilmember Garrott asked Mr. Bowers to re-state information the Council wanted the Airport to collect in future surveys. Mr. Bowers said measure pricing for all forms of transportation including extremes of data (not just average), perceptions of service from points of the Airport, downtown, and Citywide, low income areas and ADA accessibility, and opportunity for signage about transportation options. Mr. Bowers also expressed concern about prior budget cuts relating to the Secret Shopper program.
Discussion was held about a timeframe to gather information and return to the Council. Councilmember Garrott asked Mr. Bowers to follow-up with Staff on a timeline for getting information back to Council including a request to restore Secret Shopper funding.
#6. 8:11:18 PM RECEIVE A PRESENTATION FROM THE CITY’S IMPACT FEES CONSULTANT ABOUT HOW IMPACT FEES WORK AND THE CITY’S OPTIONS FOR CHANGING FEES GOING FORWARD. This is an interim report. The Administration has not yet finalized recommendations for changing impact fees. As time allows the Council will then hold an initial policy discussion on impact fees in general, in preparation for a forthcoming Administrative proposal. The Council will continue to discuss this topic in the coming months.
Jennifer Bruno, Mike Akerlow, and Fred Philpot briefed the Council with attachments. Comments included potential moratorium, statutory requirements, growth factors (construction, population, traffic, and pedestrian activity), Citywide versus specific location analysis, who benefits from specific improvements, components/factors relating to General Fund match requirements, how does the number of projects impact match calculations, eligibility components, better project prioritization (shorter list would enhance impact fee utilization), how “complete streets” improvements factored into growth calculations/impact fee utilization, capacity to increase service levels in order to increase impact fee eligibility, growth forecasts, distribution formulas, data collection/measurement, update master plans/planning documents for better fee calculations, and perform regular impact fee plan review and budget updates.
Council Members expressed interest in exploring different assessment options such as square footage or bedrooms versus doors. Mr. Philpot said latitude was available to determine impact fees schedules (utilize existing data/resources).
Straw Poll: Commitment to adhere to the following timeline to ensure completion: October 6, 2015 policy discussion, October 13, 2015 moratorium discussion, and formal action on October 20, 2015. All Council Members were in favor.
#7. 6:12:32 PM RECEIVE A BRIEFING ABOUT A PROPOSED INTERLOCAL AGREEMENT WITH SALT LAKE COUNTY FOR IMPROVEMENTS TO THE JORDAN RIVER PARKWAY BETWEEN 200 SOUTH AND NORTH TEMPLE, INCLUDING A POSSIBLE BRIDGE OVER THE RAILROAD TRACKS. SALT LAKE COUNTY IS PROVIDING $4.5 MILLION IN FUNDS TO THE CITY FOR THE PROJECT. (FORMAL MEETING ITEM - E1)
Jennifer Bruno, David Everitt, and Robin Hutcheson briefed the Council with attachments. Comments included potential $2 million funding gap, two bridge models, funding discrepancy, opportunity to complete the Jordan River Trail system, Percent-for-Art component, explore other funding opportunities (include Utah State Sovereigns Land Program and Jordan River Commission), Folsom connection, and potential donation from Union Pacific ($500,000). Ms. Hutcheson said the Council would receive further information regarding an upcoming budget amendment to facilitate the funding exchange with the County. Councilmember Garrott said Council was prepared to accept the funding and would schedule the funding gap discussion for a future meeting.
#8. 6:23:52 PM INTERVIEW JOHN MORGAN PRIOR TO CONSIDERATION OF HIS APPOINTMENT TO THE HOUSING ADVISORY AND APPEALS BOARD.(FORMAL MEETING ITEM - G1)
Councilmember Garrott said Mr. Morgan’s name was on the Consent Agenda for formal consideration.
#9. 8:03:28 PM RECEIVE A BRIEFING ABOUT A PROPOSAL THAT WOULD CHANGE THE APPROVAL PROCESS FOR SMALL SOLAR PANEL INSTALLATIONS ON RESIDENCES IN HISTORIC DISTRICTS AND AT LANDMARK SITES. The proposed changes would allow City staff to approve applications for solar panel installations – except when they are proposed to be located on the front facade directly adjacent to the public right-of way. Currently, applications for panels on the front or side facades must be reviewed and approved by the Historic Landmark Commission. Related provisions of Title 21A, Zoning, may also be amended as part of this petition. (Petition No. PLNHLC2014-00883)
Nick Tarbet, Michaela Oktay, and Maryann Pickering briefed the Council with attachments. Mr. Tarbet said Council approval was needed on two minor text changes found during the application process which needed to be included in the final ordinance. A majority of the Council was in favor of accepting changes identified on Page 2 of the attachment. Councilmember Penfold requested follow-up on the Council’s ability to modify regulations to allow better roof access for firefighters (access inhibited by panels).
#10. RECEIVE A BRIEFING ON A PROPOSAL THAT WOULD CHANGE THE ZONING FOR TWO PROPERTIES ON 600 SOUTH PURSUANT TO PETITION NOS. PLNPCM2014-00832 AND PLNPCM2014-00833. Currently, the properties feature a duplex and a retail store. The changes would allow the petitioner to tear down the commercial space and build a 3-story mixed-use building.
•563 East 600 South – rezone from Residential Multi-Family (RMF-35)to Residential/Mixed Use (R-MU-35). The proposal would also amend the Central Community Master Plan Future Land Use Map to Medium Density Resident/Mixed Use.
•567 East 600 South – rezone from Neighborhood Commercial (CN)to Residential/Mixed Use (R-MU-35). Although the applicant has requested that the properties be rezoned to Residential/Mixed Use (R-MU-35), consideration may be given to rezoning the properties to another zoning district with similar characteristics. (Petitioner –Ernesto Gutierrez)
Item was pulled.
#11. 4:14:36 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 including but not limited to:
•Local Historic District Resolution
•Proposal to Hire Lobbyist to Help on Prison Issues
•Legislative Policy Committee
•Vote By Mail General Election Outreach
•Scheduling Items.
See File M 15-5 for announcements.
#12. REPORT OF THE CHAIR AND VICE CHAIR.
No discussion was held.
#13. CONSIDER A MOTION TO ENTER INTO CLOSED SESSION, IN KEEPING WITH UTAH CODE FOR ANY ALLOWED PURPOSE.
Item not held.
The Work Session meeting adjourned at 8:58 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 September 22, 2015.
sc