02/02/2016 - Work Session - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING
TUESDAY, FEBRUARY 2, 2016
The City Council met in Work Session on Tuesday, February 2, 2016, at
2 : 09 p.m. in Room 326, Committee Room, City County Building, 451 South
State Street .
In Attendance: Council Members Andrew Johnston, James Rogers, Erin
Mendenhall, Charlie Luke, Derek Kitchen, Stan Penfold, and Lisa Adams .
Staff in Attendance: Cindy Gust-Jenson, Executive Council Director;
Jacqueline Biskupski, Mayor; Patrick Leary, Mayor' s Chief of Staff; David
Litvack, Mayor' s Deputy Chief of Staff; Margaret Plane, City Attorney;
Lehua Weaver, Council Associate Deputy Director; Sean Murphy, Council
Public Policy Analyst; Nora Shepard, Planning Director; Nick Tarbet,
Council Public Policy Analyst; Nick Norris, Planning Manager; Allison
Rowland, Council Public Policy Analyst; Tracy Tran, Principal Planner;
Russell Weeks, Council Senior Public Policy Analyst; Jennifer Bruno,
Executive Council Deputy Director; Mike Akerlow, Director of Housing and
Neighborhood Development; Lynn Pace, Mayor' s Senior Advisor; Gina
Chamness, Finance Director; Tyler Poulson, Sustainability Program
Manager; and Kory Solorio, Assistant City Recorder.
Guests in Attendance: Neil Lindberg, City Council Legal Counsel; Paul
Skeen, CPA, Partner Eide Bailly; and Mike Mickelsen, CPA, Partner Eide
Bailly.
Councilmember Rogers presided at and conducted the meeting.
The meeting was called to order at 2 : 09 p.m.
AGENDA ITEMS
#1 . 2:09:44PM BRIEFING ON THE COUNCIL WORKSHOP HELD JANUARY 19 THAT
PRODUCED PRIORITY PROJECTS FOR 2016, INCLUDING A FOCUS ON HOUSING &
HOMELESSNESS, STREET REPAIRS & FUNDING, AND ECONOMIC DEVELOPMENT. Other
items that could be discussed include additional 2016 projects, and 2015
Priorities. View Attachments
Lehua Weaver, Jennifer Bruno, Russell Weeks, and Allison Rowland
briefed the council with attachments .
The Council requested Staff explore options for street maintenance
funding, a City wide mechanism to prioritize street infrastructure needs,
funding sources for new infrastructure and maintenance of existing
infrastructure, street replacement practices of other municipalities, a
mechanism to balance long-term support services with upfront initial
investments for Economic Development, incorporate homelessness and
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housing as part of the opportunity index to use as a key for success,
have a briefing with Administration on plans for the separation of
Economic Development from Community Development, an update on the recent
changes to the Economic Development Loan Fund and the tools used, a
housing levy on the ballot, and seeking a consultant for the Building
Services audit.
A unanimous Straw Poll was taken in favor of moving forward with the
Building Services audit.
Ms . Bruno explained there were a few items the Council discussed at
the workshop that did not make it to the level of priority and because
there was significant Council interest in those items, Staff proposed
they continue to treat them as active projects . She indicated those
projects were : the Potential Plastic Bag Ban, Critical Communities,
Watershed Protection, and the Staff use of Agile Project Management. Ms .
Bruno said Council received brief project scopes for each item based on
the Council' s workshop discussion. The Council agreed they were in favor
of Staff continuing to treat those items as active projects .
Ms . Bruno addressed the list of Next Steps for 2015 Projects . She
said there were various items from the Council' s work plan last year,
both priorities and active projects, which had pieces that were not
completed. She said rather than assuming those items would fall onto an
inactive list, Staff wanted to bring those back to the Council for
direction. The following items were reviewed and discussed:
• Economic Development/Building Services : The Council supported moving
forward with the Building Services audit.
• Urban Forestry: Ordinance amendments have been discussed and had not
yet been processed by the Council . Staff recommendation was to treat
this as an active project.
• Capital Improvement Program/Process Improvements : Staff coordinated
with the Administration to develop a scope that looked at technology
improvements to the system and coordinate across departments . This
project had not been completed; technology and system improvements
could still be accomplished. Staff worked with the previous
administration and considered it essential to have collaboration
between both branches in order to move forward. If the Council was
interested, the next step would be to speak with the Administration
to see if they were willing to partner in this matter.
• Impact Fees : A nexus and unique opportunity existed with this item
and the Capital Improvement Program (CIP) . This year the City would
have to redo the CIP Ten-Year Plan and Impact Fees Facilities Plan.
If the City considered potentially changing the impact fee schedule,
it could allow opportunity to adjust the process of how departments
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collaborate long-term capital planning.
Councilmember Rogers stated he was in favor of speaking with the
Administration and moving forward with impact fees .
Discussion continued regarding the 2015 Active Projects List,
concern regarding the list of active projects, and prioritizing and
tracking projects in the Project Management System. The following items
were reviewed/discussed:
• Campaign Finance : Staff recommended closing this item for 2016 and
handling it as a smaller project .
• Sexual Assault and Police Use of Force : Both items would be coming
up on the Council agenda next week and the following week Council
could set forth policy and guidance (possibly close the item at that
time) .
• Prison Relocation and Impact to Salt Lake City (SLC) : This was an
ongoing issue and weekly updates were given at the Legislative
Subcommittee Meeting.
• Disposition of City-Owned Property: Council was waiting to hear back
from the Administration on items related to this item.
• Dog Off-Leash Items : Staff indicated the Administration was moving
forward with 7 part-time off-lease areas (one in each Council
district) and would have additional information to suggest
revisions . Another issue related to this item was a constituent
request to address the issue of off-leash citations and how they
were treated.
A unanimous Straw Poll was taken in support of amending the
ordinance regarding the misdemeanor for off-leash dogs .
A unanimous Straw Poll was taken in support of turning over the off-
leash dog park policy for each District to the Administration and having
them bring back to the Council what they implemented in moving forward.
Discussion continued regarding the Recreation Bond and timeline
issues in relation to putting items on the ballot in November.
Councilmember Rogers asked Council if it was acceptable for Staff to set
up a meeting with Administration to discuss ballot initiatives . The
Council agreed to have Staff meet with the Administration regarding
ballot initiatives and return to the Council with those discussions.
Ms . Bruno said Staff would prepare a formal budget letter to the
Administration that would include items which had been discussed and let
them know the Council' s priorities . She said it would be sent to the
Council for review.
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#2 . 3:07:07PM BRIEFING ON A PROPOSAL TO COMPILE A LIST OF REPORTING
REQUIREMENTS INCLUDING UPDATES OR REPORTS THAT THE COUNCIL HAS REQUESTED,
ITEMS THE COUNCIL WAS ENTITLED TO RECEIVE BASED ON STATE OR CITY CODE, OR
INFORMATION ITEMS THAT WERE ROUTINELY SHARED. The goal of gathering all
the reporting information into one easy-to-reference location was to
enhance transparency and add clarity to the process. View Attachments
Nick Tarbet, Neil Lindberg, and Margaret Plane briefed the Council
with attachments .
Mr. Tarbet said the goal of gathering all reports into one place was
to increase transparency, make an easy reference location, find what
needed to be reported, and standardize the process . The Council agreed
they were in favor of having a centrally-located area for all of the
listed reports.
Councilmember Rogers suggested reporting be semi-annual and asked
Staff to come back to the Council with options from Council Members and
Staff who had expressed interest .
Councilmember Mendenhall said before the Council started making
changes to Board and Commission reporting requirements she wanted to hear
from the Administration whether they had any changes regarding Sister
Cities or other groups that were heard from less often. She said they
could have a different approach than the previous Administration.
Councilmember Rogers asked that other Council Members suggestions
regarding this concept be included as well .
Mr. Tarbet reviewed items to be considered for inclusion in the
consolidated reporting Ordinance .
Unanimous Straw Polls were taken in support of Staff proposed
changes for the following items : (Council Members Mendenhall and Adams
were absent for the vote)
• Report on implementation of new projects : Request reports from each
City Department summarizing actions taken to implement the new
budget item or project, six months following the adoption of a new
Master Plan (more information on this in Item l . i) , or other
triggers could be identified.
o In the annual budget provide an update on the implementation of
projects that had been authorized during the previous budget.
• Report on action taken by the Administration relating to Legislative
Actions and Intents adopted by the Council: Update on status or
Administrative feedback on Legislative Actions (land-use related
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items adopted throughout the year) and Legislative Intents (budget
related and typically adopted during the Annual Budget or a budget
amendment . )
A unanimous Straw Poll was taken in favor of compiling a report on
paid administrative leave cases whenever a City employee had been on paid
administrative leave or other types of leave for more than five weeks and
to work with the City Attorney' s Office to determine exclusions from the
report. Council Members Mendenhall and Adams were absent for the vote .
Mr. Tarbet stated Mr. Lindberg would put this together and work with
the Attorney' s Office to fine tune it and bring it back to the Council
for briefing and consideration.
A unanimous Straw Poll was taken in support of the remainder of
Staff proposed changes for this ordinance which included the following
items : (Council Members Mendenhall and Adams were absent for the vote)
• Parking ticket status report: Number of tickets issued, collections
update, and other trends that could provide the Council with
feedback on revenue forecasts and enforcement practices .
• Zoning violation enforcement status report: Report that includes
number of open cases and long-standing cases that could provide the
Council perspective on constituent complaints, enforcement
resources, and time for resolutions .
• Landlord/tenant licensing status report: Report on the number of
participants, number removed from the program, status of online
training, and status of refinements to the City' s system for
reporting incidents to landlord program.
• Claims paid out through the governmental immunity fund and current
balance report: Include as normal information with the annual
budget, plus include as context with any budget requests that affect
the Fund.
• Temporary Zoning Regulations ("Moratorium") : Within 30-days of
adoption, receive a report to outline steps to process regulations,
request more guidance if needed, or express Administration' s
questions or concerns .
• Police Department report: Report on statistics, number of calls,
open cases, other pieces that would provide the Council with context
on resources, budget needs, community trends, etc.
• Fire Department report: Report on statistics, number of calls, open
cases, other pieces that would provide the Council with context on
resources, budget needs, community trends, etc.
• E-911 Dispatch report: Report on statistics, number of calls, open
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cases, other pieces that would provide the Council with context on
resources, budget needs, community trends, etc.
• Inventory of City-owned property and land that had been sold,
surplused or transferred: Report on land exchanges, surplus real
estate, and personal property transactions that would provide the
Council with context and an overview of City owned property and
assets .
• Annual report of delegated authority to various City
departments/divisions: As follow-up to Council discussion about
Delegations of Authority, the Administration might begin an
inventory of Council decisions delegated to the Administration so an
annual or semi-annual report on those authority items could be
reviewed as a normal course of oversight.
• Litigation report of all unresolved cases: Report includes number of
open and long-standing cases that could provide the Council
perspective on legal issues that are significantly impacting City
resources .
Mr. Lindberg asked if Staff could assume from what had been said
that the rule would start with a six-month reporting window and once a
draft ordinance was received, Council could reconsider lengthening or
shortening it depending on individual items that would be listed. The
Council indicated they were in favor of the six-month reporting window
and potential changes to the draft ordinance depending on individual
items.
Mr. Lindberg continued to state the intent of this effort was not to
create additional work for the Administration but to simply have them
share what had already been collected as a management tool for their own
purposes and to assist Council in understanding what was going on and to
help respond to constituents .
Councilmember Penfold questioned if part of the Council' s requests
for information of reporting or other critical items were related to any
policy issues . Mr. Lindberg stated he did not think this was intended to
restrict the Administration as to what information they would share, but
rather an invitation to share information. He said language could be
added to the ordinance if a particular bit of data indicated the
ordinance needed to be adjusted or it was not working. Councilmember
Penfold asked if that language could be included in the ordinance to
communicate that message . Mr. Lindberg stated an intent provision could
be added to the ordinance . Ms . Gust-Jenson said as a follow-up for
Council (not to be included in the ordinance) Staff would note on each
request the reason for a policy and budget change . She also indicated
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Staff would work with the Administration to coordinate Council' s requests
for information when a great deal of work or costs would be involved.
#3 . 3:24:12 PM BRIEFING ON A PROPOSAL ORDINANCE ADOPTING THE NORTHWEST
QUADRANT MASTER PLAN. The proposed Master Plan details the vision, goals,
and policies guiding growth and development within the Northwest (NW)
Quadrant. The NW Quadrant is generally located west of the Salt Lake
International Airport and Interstate-215 and North of SR-201 or 2100
South to the western and northern boundaries of the City. The NW Quadrant
contains most of the City's current industrial areas as well as a large
amount of undeveloped land that is adjacent to environmentally-sensitive
lands. View Attachments
Nick Tarbet, Nick Norris, Tracy Tran, and Nora Shephard briefed the
Council with attachments and a Power Point Presentation.
Discussion was held regarding the bike-lane connector route to the
marina, concerns regarding access to the wetland areas, controlled access
to public land, potential of private land becoming public, conflict
between the Open Space Master Plan and the Bicycle Pedestrian Master
Plan, development of a Eco-green commercial building, creating additional
wetlands space around wastewater mitigation, concern with the development
in relation to bird issues along the migratory route, potential need to
collaborate with a wildlife biologist, and continuation of agricultural
uses .
Councilmember Penfold questioned the green area immediate west on
the map located outside of the City boundary line . He thought it would be
helpful (even though it was not in the City boundary) to include it as
part of the proposal because in context it related to how the City had
surrounded the area.
Mr. Tarbet stated there was a conflict between the Open Space Master
Plan and the Bicycle Pedestrian Master Plan and asked Council if they
would like Staff to initiate a legislative action to amend the Master
Plan.
A unanimous Straw Poll was taken in support of initiating a
legislative action to amend the Master Plan.
Mr. Tarbet said after the Planning Commission recommendation,
Transportation received additional feedback that refined language in some
transportation policies within the Northwest Quadrant Master Plan which
was forwarded back to the Planning Staff. He asked Council if they
supported those changes .
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A unanimous Straw Poll was taken in support of changes regarding
transportation policies within the Northwest Quadrant Master Plan.
Mr. Tarbet asked Council in terms of implantation whether they
wanted Planning Staff to identify the rezones and text amendments to
create a new Eco-industrial Park.
Councilmember Penfold questioned how long it would take and
suggested an updated status in the fall . He said he was good with
initiating the review of the zoning once the Master Plan the Council was
in favor of, was adopted.
Mr. Tarbet indicated the public hearing for the Northwest Quadrant
Master Plan was being set for March 1, 2016 and asked if Council wanted
any additional public outreach. Councilmember Penfold said (as in the
planning process) he wanted to ensure property owners/duck clubs were
included as well as any other organizations that might be interested in
the wetlands and Audubon. Councilmember Rogers said he wanted to notify
Community Councils and requested Staff personally visit each Community
Council in the surrounding area.
#4 . 4:16:29 PM DISCUSSION ON THE CITYWIDE HOUSING POLICY AND MANY
ASPECTS OF THE CITY' S HOUSING NEEDS. View Attachments
Sean Murphy and Mike Akerlow briefed the Council with attachments .
Mr. Murphy stated there currently was an adopted Housing Policy. He said
the Administration was working to include any changes to that policy
before they started working on a new Housing Plan and to ensure the
Council' s needs were going to be reflected in the Housing Plan. Mr.
Murphy explained there were two ways to address this that had been
discussed last year: 1) By Staff taking Council Members input, figure out
how to word it into the policy, and then present those suggestions; or 2)
Go through the housing policy line-by-line as currently adopted to ensure
it fit the current body. He said there were pros and cons to each. One
pro to the lateral was it would ensure the 2016 Council had their full
approval on every item in the housing policy (which also might take a
number of additional meetings to complete) . He said the other approach
would be to add what needed to be added, expedite/advance it, and give
direction to the Administration what the housing plan ought to embody.
Councilmember Rogers felt the expedited process was appropriate to
keep moving forward. Council Members Johnston and Kitchen said they were
comfortable going ahead with the expedited process .
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Discussion was held regarding development of the Housing Plan,
concern regarding Accessory Dwelling Units (ADUs) , inclusionary zoning,
incentives for affordable housing, concern regarding Housing Trust Fund
sustainability , and moving forward with the Housing Policy in order to
allow updates to be made to the Housing Trust Fund.
A unanimous Straw Poll was taken in support to move forward with the
policy approval . Councilmember Adams was absent for the vote .
#5. 4:31:58 PM REVIEW EXAMPLES OF FEES OR POLICY AUTHORITY THAT HAS
BEEN DELEGATED, AND PROVIDE DIRECTION OF THOSE ITEMS. The first focus is
on a few significant policy and fee-setting items in Public Utilities.
View Attachments
Lehua Weaver briefed the Council with attachments . Discussion was
held regarding questions/concerns with placing a hold on certain
decisions related to watershed protection and surplus agreements, the
potential of pending work in Public Utilities being negatively impacted,
holding a Closed Session with Public Utilities, and concern with Council
involvement regarding policy and fee issues related to service changes .
Ms . Weaver referred to the Significant Policy Items :
• Using an ordinance, the Council could place 'on hold ' certain
decisions related to watershed protection and surplus agreements.
This was a significant protection issue to the City, and one where
the Department currently had broad discretion without codified
Legislative policy guidance. The hold would establish a set period
of time to allow the Council a full opportunity to review policy,
options and implications; the Council may also consider additional
study or review that would inform the City on watershed
protection, certain protections that have changed based on Court
decisions, and other pertinent information. Any resulting policy
guidance that the Council identifies during this more thorough
review would be accomplished through a separate ordinance.
She suggested scheduling a Closed Session briefing with Public
Utilities and the Administration to get further information on what the
impacts/opportunities would be and bring that back to the Council for
further discussion.
Ms . Weaver referenced the following items :
• Section 17 . 04 . 065 Exchange of Water Rights .
• Section 17 . 04 . 410 Applications for Appropriations of Water;
Protests .
• Watershed/Water rights Acquisition Fund.
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She said Staff could quickly prepare any of these ordinance amendments
for an upcoming meeting or hold them for further discussion.
Mayor Biskupski addressed the Council . She said she (as well as the
Council) had a significant commitment to protect the City' s watershed.
She said the proposed moratorium for the new surplus water agreements
presented an opportunity to underscore that commitment by providing an
opportunity to work collaboratively and strengthen the City' s current
watershed ordinances . Mayor Biskupski said she appreciated the
opportunity to meet with Public Utilities together in a Closed Session
and believed it would create an effective procedure moving forward. She
said she had concerns about some of the amendments and hoped to work
through those during the closed session.
Councilmember Penfold stated it had been a couple years since the
Water Rights Acquisition Fund had been evaluated/increased and it would
be helpful to have an update on the current balance . He said from a
Closed Session perspective it would be helpful to know what properties
might be considered. He question if the Council was in a position to
evaluate a change or an increase to the fund.
A unanimous Straw Poll was taken in support of moving forward with a
Closed Session to discuss property and water rights and the current
ordinance .
#6. 4:58:07 PM DISCUSSION THE LEGISLATIVE ROLE IN THE ADVICE AND
CONSENT PROCESS AS OUTLINED BY STATE AND CITY CODE, AND DISCUSS POTENTIAL
ORDINANCE CHANGES TO FURTHER CLARIFY THAT ROLE. View Attachments
David Litvack, Jennifer Bruno, and Neil Lindberg briefed the council
with attachments .
Discussion was held regarding Council' s role as currently identified
in City Code, Advice and Consent processes of other municipalities,
delegation of power/authority, and potential ordinance changes .
A unanimous Straw Poll was taken in support of moving forward with
options for potential ordinance changes .
Councilmember Rogers said Staff would work with the Administration
to fine tune the ordinance so both parties felt comfortable and to ensure
a sound policy for the Council and also for the City.
#7 . 5:11:46PM BRIEFING REGARDING ISSUES FOR THE 2016 STATE LEGISLATIVE
SESSION.
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Lynn Pace and David Litvack briefed the Council with current State
Legislative issues .
Discussion was held regarding proposed legislation for homeless
facilities/services and concern regarding the impact to the City of
proposed legislation for historic districts and options to address the
proposed legislation.
Mr. Pace said he would take direction to reach an agreement with
Legislators regarding the proposed legislation for historic districts and
if an agreement could not be reached he would ask for more time to
consider other legislative options . The Council agreed to have Mr. Pace
move forward to reach an agreement with Legislators and to ask for more
time if an agreement could not be met.
Mr. Pace said he would come back to Council with proposed
legislation regarding retirement bills and changes to current government
immunity structure .
#8 . 5:46:31 PM BRIEFING ON A PROPOSED ORDINANCE AMENDING SECTION
21A. 44 . 050 .B OF THE SALT LAKE CITY CODE PURSUANT TO PETITION NO.
PLNPCM2015-00148 . The proposed changes would modify regulations
pertaining to electric vehicle parking requirements for certain
development activity and change requirements for electric vehicle parking
stalls. View Attachments
Russell Weeks, Tracy Tran, and Tyler Poulson briefed the Council
with attachments and a Power Point Presentation.
Discussion was held regarding concern of eliminating commercial
requirements for electric vehicle parking stalls, exploring
options/distinctions for electric vehicle parking stall requirements
between employment-based and commercial retail parking areas, affects
electric vehicle parking stall requirements would have in terms of
economic development and the potential of businesses relocating outside
of the city to avoid the requirements, exploring options in reduction of
installation of parking stations as a trade for a build out of the
capacity for additional stations down the road, accessing business
licensing data for No Parking Fee Permits for high efficiency vehicles to
identify where charging stations were needed, exploring an incentive base
for commercial requirements and whether to consider impact fees or some
other incentives to encourage businesses to install electric charging
stations, costs involved to install electrical charging stations, and
increasing the percentage requirement for providing a power outlet.
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Councilmember Rogers asked Staff to consider the Council' s questions
and present something at a later date in order to move forward.
Note : The Work Session adjourned at 6 : 21 p.m. to convene the Formal
Meeting in Room 315 .
The Work Session reconvened at 7 : 37 p.m. in Room 315 .
#9. 7:37:20PM BRIEFING ON THE CITY' S COMPREHENSIVE ANNUAL FINANCIAL
REPORT (CAFR) FOR YEAR ENDING JUNE 30, 2015, AND THE MANAGEMENT AUDITOR' S
LETTERS REGARDING INTERNAL CONTROLS AND COMPLIANCE. View Attachments
Jennifer Bruno, Gina Chamness, Paul Skeen, and Mike Mickelsen
briefed the Council with attachments .
Councilmember Adams questioned whether the Golf Enterprise Fund was
missing. Mr. Skeen stated a separate audited financial statement was not
issued on golf (it was contained in the CAFR as a Non-Major Enterprise
Fund) .Councilmember Rogers asked how an issue found that was not in
compliance would be remedied.
Ms . Chamness said Staff from Finance/Public Services talked about
what could be done without significantly impacting parents coming to
register children for Youth City. She said several options were discussed
and Finance would be assisting with some oversight through the next six-
months . Ms . Chamness said as a proper internal control structure was
identified it could result in a budget request for hourly help or
possibly a position to help ensure internal control was in place .
Councilmember Penfold requested a review of Youth City. He said it
had been several years since they had come before the Council to talk
about their programming and how they target youth populations in the
City. He said historically, the Council had been interested in those
particular demographics and it would address some of the reporting
challenges to see how demographics were followed and if those populations
were being reached.
#10 . REPORT AND ANNOUNCEMENTS FROM THE EXECUTIVE DIRECTOR REPORT OF
THE EXECUTIVE DIRECTOR, INCLUDING A REVIEW OF COUNCIL INFORMATION ITEMS
AND. The Council may give feedback or staff direction on any item related
to City Council business.
Discussion was held regarding the scheduling of the Council' s annual
photo.
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#11 . REPORT OF THE CHAIR AND VICE CHAIR.
No discussion was held.
#12 . CONSIDER A MOTION TO ENTER INTO CLOSED SESSION, IN KEEPING WITH
UTAH CODE FOR ANY ALLOWED PURPOSE .
Item not held.
The meeting adjourned at 7 : 54 p.m.
COUNCIL CHAIR
CITY RECORDER
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 February
2, 2016 .
ks
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