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09/13/2016 - Work Session - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 13, 2016 The City Council met in Work Session on Tuesday, September 13, 2016, at 6 : 21 p.m. in Room 326, Committee Room, City County Building, 451 South State Street . In Attendance: Council Members James Rogers, Andrew Johnston, Erin Mendenhall, Derek Kitchen, Charlie Luke, Stan Penfold, and Lisa Adams . Staff in Attendance: Cindy Gust-Jenson, Executive Council Director; Jennifer Bruno, Executive Council Deputy Director; Patrick Leary, Mayor' s Chief of Staff; David Litvack, Mayor' s Deputy Chief of Staff; Margaret Plane, City Attorney; Nick Tarbet, Council Policy Analyst; Lehua Weaver, Associate Deputy Council Director; Benjamin Luedtke, Council Constituent Liaison; Russell Weeks, Council Senior Policy Analyst; Dan Weist, Council Communication Director; Nora Shepard, Planning Director; Paul Nielsen, Senior City Attorney; Molly Farmer, Council Constituent Liaison; Brian Roberts, Senior City Attorney; Megan DePaulis, Senior City Attorney; Michaela Oktay, Planning Manager; Lex Traughber, Senior Planner; and Scott Crandall, Deputy City Recorder. Others in Attendance: Paxton Guyson, City Council Legal Counsel and Brian Wilkinson, Council Consultant . Councilmember Rogers presided at and conducted the meeting. The meeting was called to order at 6 : 23 p.m. AGENDA ITEMS #1 . RECEIVE A WRITTEN BRIEFING REGARDING THE 2016 ECONOMIC DEVELOPMENT POLICY STATEMENT. In Economic Development Priority briefings earlier this year, the Council discussed drafts of a 2016 Economic Development Policy Statement, which represents this Council 's consensus on economic development policy. The Council may consider adopting this statement in a future formal meeting. View Attachments Written briefing only. #2 . RECEIVE A WRITTEN BRIEFING REGARDING UNITED STATES (U.S. ) BUREAU OF RECLAMATION WATERSMART DROUGHT CONTINGENCY PLANNING GRANTS FOR FY 2016. - A resolution authorizing Salt Lake City to apply for a grant award from the United States 16 - 1 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 13, 2016 Bureau of Reclamation for drought contingency planning. View Attachments Written briefing only. #3. 6:22:06PM INTERVIEW LISA SHAFFER PRIOR TO CONSIDERATION OF HER APPOINTMENT AS THE DIRECTOR OF THE SALT LAKE CITY PUBLIC SERVICES DEPARTMENT. View Attachments Councilmember Rogers said Ms . Shaffer' s name was on the Consent Agenda for formal consideration. #4 . 8:48:44 PM RECEIVE A BRIEFING ON A PROPOSED ORDINANCE TO AMEND VARIOUS SECTIONS OF TITLE 21A, SALT LAKE CITY ZONING CODE, PERTAINING TO THE LOCAL HISTORIC DESIGNATION PROCESS PURSUANT TO PETITION NO. PLNHLC2015-00149. Under the proposal, changes would be made to align the process with State code. Specifically, signatures would be needed from at least 33 percent of residents in a proposed district before an application could be initiated (currently only 15 percent are required) , and additional informative outreach efforts would be required, among other changes (Petitioner - Former Mayor Ralph Becker) . View Attachments Nick Tarbet, Michaela Oktay, and Lex Traughber briefed the Council with attachments and a PowerPoint presentation. Comments included ordinance revision required, streamline process, provide transparency, make public process more user friendly, and incorporate State mandates . Mr. Tarbet said a public hearing would be scheduled for October 4, 2016 . Councilmember Adams requested an electronic copy of the PowerPoint . Ms . Oktay said the same information would be posted on their website for public access . #5. 8:51:58 PM RECEIVE A BRIEFING REGARDING CAPITAL IMPROVEMENT PROJECTS (CIP) . The City's Capital Improvement Projects, which 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. View Attachments Item pulled. Councilmember Penfold asked Council Members to provide questions to Mr. Luedtke and come prepared with potential proposals (identify funding source) for the next 16 - 2 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 13 , 2016 briefing/discussion. #6 . 7:37:02 PM HOLD A POLICY DISCUSSION REGARDING GENERAL HOMELESS SERVICES. A continuing policy discussion regarding homelessness and homeless services in Salt Lake City. View Attachments Russell Weeks and Nick Tarbet briefed the Council with attachments . Discussion was held on building two emergency resource centers each with a maximum of 250 people. Council Members comments included establishing Council' s position to limit facilities to a maximum of 250-beds (no potential for additional beds) , encourage Administration to revisit the 250- bed number (consider something smaller) , identify potential sites locations first and then determine appropriate number of beds, 250 number was actually higher because overflow beds were proposed to be added, arbitrary 250-bed number (no evidence/data Legislature required two 250-bed facilities) , arbitrary funding restrictions, decisions impacted by funding, and Council Member responsibility to raise constituent concerns that 250-bed facilities were too large . Additional comments : define Council role in process, Council' s willingness to explore creative solutions for additional facilities with smaller number of beds, how to mitigate impact on neighborhoods where facilities would be located (smaller facilities would lessen impact) , demographics for potential housing, concern about comments/inference Council was slowing down the process, no Council authority to designate number of sites, plan needed from Administration to deal with community impact, consider populations that would utilize new facilities to determine size/number of facilities needed, Administration not listening to Council concerns, potential to jeopardize State funding, frustration over lack of options, frame options with least amount of impact on neighborhoods, policy recommendation to cap facilities at not-to-exceed 250- beds (accomplish through land use/zoning) , and create several smaller shelters . STRAW POLLS: • Does the Council support two emergency resources centers each with a maximum cap of 150 people . Council Members Johnston, Mendenhall, Penfold, Luke, and Adams were opposed. Council Members Rogers and Kitchen were in 16 - 3 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 13 , 2016 support. • Does the Council support two emergency resources centers each with a maximum cap of 200 people . Council Members Johnston, Mendenhall, Penfold, Luke, and Adams were opposed. Council Members Rogers and Kitchen were in support. • Does the Council support building two emergency resource centers, each with as few beds as possible with the maximum amount not-to-exceed 250 people. Council Members Johnston, Penfold, Luke, Rogers, Kitchen, and Adams were in support. Councilmember Mendenhall was opposed. • Does the Council support requesting that the Mayor publicly announce two sites for emergency resource centers no later than October 10, 2016 to give the public time to comment on the Mayor' s final decision on selecting sites . Council Members Rogers, Penfold, Luke, Kitchen, and Adams were in support. Councilmember Mendenhall abstained. Councilmember Johnston was opposed. • Does the Council support modification of the City' s land use ordinance to provide maximum flexibility in mitigating the impact of a community resource center through a conditional use process that may include considerations as described in the handout. All Council Members were in support. Note : straw poll included all remaining items except the first two found on Page 2 of the handout. Councilmember Penfold said the intent of the straw poll was to leave additional criteria/options open to Council . Discussion was held on the need to clearly define what an emergency resource center was and what was considered just "housing" . Councilmember Penfold said the Council could be pro- active in examining best practices for providing housing options for families . Councilmember Johnston said the Council needed to be careful not to undermine existing sub-populations/processes and create a situation which would be difficult to manage . Councilmember Adams said the properties needed to be owned by private parties to ensure ability to have/enforce strict regulations . Additional discussion was held on the two remaining questions on Page 2 of the handout regarding providing resource centers for single men, single women/partners, and the best practices concept. 16 - 4 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 13 , 2016 STRAW POLLS: • Does the Council support having one resource center used exclusively for single men; one resource center in which half the building provides service for single men, with the other half providing service for single women; and another resource center providing services only for single women. Council Members Johnston, Mendenhall, Penfold, Kitchen, and Adams were in support. Council Members Rogers and Luke were opposed. • Reinforcing the best practices concept that services for single women should be provided in a safe environment separate from services for others . All Council Members were in support. Discussion was held on the impact of homeless facilities in new areas of the City. STRAW POLLS: • Does the Council support requesting that the Administrations of both Salt Lake City and Salt Lake County each provide a written plan to the City Council by November 1, 2016 describing the process both entities will use to identify and rectify any negative impacts that might arise in neighborhoods that would host new homeless facilities including identification of new and existing resources . All Council Members were in support. • Does the Council support requesting that the City Administration provide a plan to the City Council by October 25, 2016 to address how emergency homeless situations would be dealt with during the winter as well as dealing with current conditions on 500 West (Rio Grande area) . All Council Members were in support, except Councilmember Johnston who abstained. 8:56:37 PM Additional comments included limited Council input regarding site selection based on separation of powers, frustration with the process, issues with media coverage, lack of having a proposal on which to take action, issues relating to press release being prepared by Staff, and need for an open/public process . Discussion was held on whether or not to give the press release to the Administration prior to or simultaneously with the media. Councilmember Mendenhall said she preferred to 16 - 5 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 13, 2016 present the information to the Mayor prior to the media. Councilmember Penfold said there was a time constraint on this particular press release but felt going forward it was important to work with the Administration prior to communicating with the press . Ms . Gust-Jenson said Staff could prepare a formal letter to present to the Mayor (pending Council approval) or wait until tomorrow to release the press statement. She said this was a statement as opposed to a press release . 9:44:06 PM Following Item 8 (Announcements) Council Staff left the Committee Room to work on the press statement regarding homeless issues . At 9 : 44 p.m. Councilmember Rogers asked Council Members to review the statement and adjourned the meeting. (View final statement) #7 . 8:52:48 PM RECEIVE A BRIEFING REGARDING ORDINANCES RELATING TO COMCAST FRANCHISE AGREEMENT AND VIDEO SERVICES AMENDMENTS. Two ordinances are being considered: 1) an ordinance granting Comcast of Utah II, Inc. a cable television franchise and 2) an ordinance amending Chapters 5.20, 5. 20A, and 5. 21, Salt Lake City Code, relating to cable television systems and video services. View Attachments Benjamin Luedtke and Brian Roberts briefed the Council with attachments . Comments included housekeeping item, requirement exceptions, competitive equity, build-out requirement, and customer service standards/enforcement . Councilmember Penfold asked about public hearing requirements . Mr. Luedtke said a hearing was not required on the franchise ordinance proposal . Councilmember Penfold said he thought a public hearing should be held on the proposed code modifications . #8 . 9:02:48 PM REPORT AND ANNOUNCEMENTS FROM THE EXECUTIVE DIRECTOR 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: • City Council/School Board Leadership Quarterly Meeting, • Legislative Action regarding Zoning Implementation for the Northwest Quadrant Master Plan and • scheduling items. 16 - 6 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 13, 2016 See File M 16-5 for Announcements . #9. REPORT OF THE CHAIR AND VICE CHAIR. No discussion was held. #10 . 6:40:50 PM CONSIDER A MOTION TO ENTER INTO CLOSED SESSION, IN KEEPING WITH UTAH CODE §78B-1-137 TO DISCUSS ATTORNEY-CLIENT MATTERS THAT ARE PRIVILEGED. (CLOSED SESSION HELD IN ROOM 326 - EXECUTIVE COUNCIL DIRECTOR' S OFFICE) Councilmember Penfold moved and Councilmember Luke seconded to enter into Closed Session to discuss Attorney-Client Privilege that are privileged, Utah Code §78B-1-137, Utah Open and Public Meetings Law. A roll call vote was taken. Council Members Mendenhall, Johnston, Luke, Adams, Kitchen, Penfold, and Rogers voted aye . See File M 16-2 for Sworn Statements . In Attendance: Council Members Mendenhall, Johnston, Luke, Adams, Kitchen, Penfold, and Rogers . Others in Attendance: Cindy Gust-Jenson, Margaret Plane, Jennifer Bruno, Lehua Weaver, Dan Weist, Paul Nielsen, Nick Tarbet, Molly Farmer, Russell Weeks, Megan DePaulis, Paxton Guymon, Brian Wilkinson, and Scott Crandall . The Closed Session adjourned at 7 : 15 p.m. The Work Session meeting adjourned at 9 : 44 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 . 16 - 7 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 13, 2016 This document along with the digital recording constitute the official minutes of the City Council Work Session meeting held September 13, 2016 . sc 16 - 8