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04/11/2017 - Work Session - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, APRIL 11, 2017 The City Council met in Work Session on Tuesday, April 11, 2017, at 5 : 03 p.m. in Room 326, Committee Room, City County Building, 451 South State Street. In Attendance: Council Members Erin Mendenhall, Derek Kitchen, Stan Penfold, Charlie Luke, Lisa Adams, and Andrew Johnston. Absent: Councilmember James Rogers . Staff in Attendance: Cindy Gust-Jenson, Executive Council Director; Jacqueline Biskupski, Mayor; Jennifer Bruno, Executive Council Deputy Director; Margaret Plane, City Attorney; Benjamin Luedtke, Council Public Policy Analyst; Russell Weeks, Council Senior Public Policy Analyst; John Vuyk, Budget Director; Jesse Stewart, Public Utilities Department Deputy Director; Nick Norris, Planning Manager; Anthony Riederer, Principal Planner; John Anderson, Principal Planner; Clair Baldwin, Assistant Fire Chief; and Cindi Mansell, City Recorder. Others in Attendance: Emilie Charles, Library Board President; Jana Ostler, Library Board Member; Peter Bromberg, Library Executive Director; Jace Bunting, Library Finance Manager; Kimie Barnett, Salt Lake County Mayor' s Office; Laine Jones, Mountain Accord Program Director; and Zack Shaw, Salt Lake County Attorney' s Office. 5:03:11PM Councilmember Penfold presided at and conducted the meeting. The meeting was called to order at 5 : 03 p.m. 5:10:24PM Councilmember Penfold said he wanted the Council to recognize "National Public Safety Telecommuters Week" in honor of approximately 100 employees and their Director who worked as 911 Dispatchers . He said these employees chose a career that interacted with people at their most critical or traumatic times . He said this group truly made a difference in the community and, on behalf of the City Council, he wanted to acknowledge their dedication. AGENDA ITEMS #1 . WRITTEN BRIEFING ABOUT THE CITY' S WASTEWATER POLLUTANT STANDARDS, KNOWN AS "LOCAL LIMITS" . Following a 2015 council request, public utilities re-evaluated all businesses that are known to, or reasonably expected to produce wastewater pollutants, and developed revised limits for a number of pollutants. View Attachments 17 - 1 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, APRIL 11, 2017 Written Briefing only. #2 . WRITTEN BRIEFING ABOUT AN ORDINANCE CLOSING A PORTION OF HAYES AVENUE BETWEEN THE JORDAN RIVER AND 1100 WEST STREET. The portion of Hayes Avenue is City-owned property and is completely surrounded by Salt Lake City Open Space land. If the Street is closed, the property would be conveyed and managed by Salt Lake City Parks and Open Space pursuant to Petition No. PLNPCM2015- 00764 (Petitioner- Salt Lake City Parks and Open Space) . View Attachments Written Briefing only. #3 . 5:04:10PM WRITTEN BRIEFING ON A PROPOSAL THAT WOULD CLOSE TO THE PUBLIC A MID-BLOCK, CITY-OWNED ALLEY LOCATED WEST OF 900 WEST BETWEEN DULUTH AVENUE (APPROXIMATELY 1550 NORTH) AND 1500 NORTH. The alley would be sold at fair market value to the adjacent property owner and provide improved access between land parcels for the property owner pursuant to Petition No. PLNPCM2013-00196 (Petitioner - Bud Mahas Construction) . View Attachments Councilmember Mendenhall inquired as to the alley closure for this sizable piece of property, sale of property, and potential development that would be adjacent to single-family homes/zoning across the street. She said she wanted like to raise awareness of the context of applications received and that by allowing this, the Council would basically be ensuring this property would not be developed into single family homes . She said possibly, the petitioner was looking to develop it themselves into multi-family homes . She expressed concern about multiple alley vacations being proposed, and said often times, petitioners encroached upon these alleys and then used that for justification as to why they should be vacated. She said she felt this concept was still a valid policy discussion the Council should have. Councilmember Adams said the area was zoned for heavy manufacturing and she did not picture residential development ever happening in this area. Discussion followed regarding the potential for Staff to compile ideas for infill, housing, or various use ideas for alleys to serve as access for accessory dwelling unit (ADU) or possibly other types of development. 17 - 2 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, APRIL 11, 2017 #4 . WRITTEN BRIEFING ABOUT A PROPOSED ORDINANCE THAT WOULD CLOSE AND VACATE A PORTION OF UNNAMED, CITY-OWNED ALLEY AT 1528 WEST NORTH TEMPLE, NEAR CORNELL STREET. The alley closure would allow properties adjacent to the alley to be combined into a larger parcel and developed pursuant to Petition No. PLNPCM2015-00941 . If the ordinance is adopted, the alley would be sold for fair market value, or traded for similarly valued land along the northern edge of the property that is owned by the City. An exchange would allow for the enlargement of an existing storm water retention basin owned by Public Utilities. View Attachments Written Briefing only. #5. WRITTEN BRIEFING ABOUT AN ORDINANCE THAT WOULD CLOSE A CITY- OWNED ALLEY SITUATED BETWEEN APPROXIMATELY 1411 SOUTH AND HIGH STREET AT APPROXIMATELY 1550 WEST. The alley is 15 feet wide, 250 feet long and is platted, but fences have been built across the alley blocking it from use. If the proposal is adopted, the alley would be vacated and the property would be split evenly between property owners on each side of the alley pursuant to Petition No. PLNPCM2015-00056. View Attachments Written Briefing only. #6. 5:10:10 PM MID-YEAR BRIEFING FROM THE FINANCE DEPARTMENT. As part of last year's budget discussions, the Council formally requested briefings with each of the City's new or interim department directors. These meetings have been scheduled throughout the coming months. Each director has been asked to comment on new events or accomplishments, unexpected issues affecting their department's budget, changes in service delivery or new initiatives, and how they might use a significant new budget allocation, if one were available. Item pulled. #7 . 5:11:45 PM BRIEFING REGARDING A PROPOSED ORDINANCE THAT WOULD REZONE SIX PARCELS LOCATED AT APPROXIMATELY 3129 SOUTH 900 EAST FROM R-1/7 ,000 (SINGLE FAMILY RESIDENTIAL) TO R-1/5000 (SINGLE FAMILY RESIDENTIAL) . Under the proposal, the existing buildings on the properties would be demolished to allow for 16 lots to be developed. View Attachments Nick Norris and Anthony Riederer briefed the Council with a PowerPoint and attachments . 17 - 3 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, APRIL 11, 2017 #8 . 5:15:04PM BRIEFING REGARDING A PROPOSED ORDINANCE THAT WOULD REZONE A PARCEL AT 695 NORTH JOHN GLENN ROAD FROM AGRICULTURAL (AG) TO LIGHT MANUFACTURING (M-1) AND TO REMOVE THE PARCEL FROM THE LOWLAND CONSERVANCY OVERLAY DISTRICT (LC) . The changes would allow the site to be developed into light manufacturing development pursuant to petition No. PLNPCM2017-00063. The City's Northwest Quadrant Master Plan supports the change in zoning from AG to M-1 and the property is designated for light Industrial uses. Public Utilities has reviewed this proposal and is supportive of removing the property from the overlay district as there are no ponds or other bodies of water on the property in question, the area is not located in the floodplain and there have been no wetland areas discovered in the area. View Attachments Nick Norris and John Anderson briefed the Council with attachments . #9 . 5:17:47PM DISCUSSION ABOUT AN ORDINANCE AMENDING THE FINAL BUDGET OF SALT LAKE CITY, INCLUDING THE EMPLOYMENT STAFFING DOCUMENT FOR FISCAL YEAR 2016-17 . Budget amendments happen several times each year to reflect adjustments to the City's budgets, including proposed project additions and modifications. The amendment includes funding for design, engineering and cost estimates to renovate the old Fire Station No. 14 (1560 S. Industrial Road) into a fire training center; land acquisition, design and program assessment to construct a police precinct in Sugar House; additional building stone repair for the City & County Building; and purchase of land for the Jordan River Trail Bridge project, among many other changes (Budget Amendment No. 5) . View Attachments Benjamin Luedtke, Jennifer Bruno, Russell Weeks, and John Vuyk briefed the Council with attachments . Mr. Luedtke said requests for information were sent to Administration on the Fire Training Center, Sugar House Police Precinct, Police Department Social Worker Program, and the Union Pacific Railroad Contribution to Jordan River Parkway Trail Bridge. He said Staff had not yet heard responses on all but the Social Worker Program as briefed by Chief Brown the previous week. Councilmember Johnston inquired as to the original stated objectives for the Social Work Program when implemented in effort to be able to offer comparison as it moved forward. Ms . Bruno said the objectives were not listed and adopted by the Council because it was such a new concept/program. She said they hoped for 17 - 4 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, APRIL 11, 2017 evolvement of the program as the Police Department put it together and moved forward. She said this was a point well taken that could be addressed and defined moving forward during the upcoming budget process . Discussion followed regarding the Department of Airport' s response to South Valley Regional Airport questions . Inquiry was raised as to Federal Aviation Administration (FAA) regulations which required operation at least in part to serve the general aviation community, and whether the FAA realized the Salt Lake City Airport chose to do that via the South Valley Regional Airport. Discussion followed regarding FAA definitions or flexibility to fulfill the general aviation requirements outside of continuing to use this airport. The Council requested further discussion at the upcoming Airport work session relative to FAA requirements, philosophy for management of the two other airports, and whether services could be incorporated at the Tooele Airport. Mr. Weeks explained the philosophy to move traffic out of that airport and said items included in the budget reflected such. He said the budget anticipated investing in some hangars at the South Valley Regional Airport. He said he would work with the Airport Staff to have these questions answered. Mr. Luedtke said it might be more appropriate for the Fire Station Training Center to be handled in context of the annual budget versus a budget amendment due to other associated costs . Mr. Baldwin addressed the question of timing and said it should not be an issue. Mr. Vuyk explained the budget amendment actually was to recapture funds that were set aside for something else . Mr. Luedtke inquired if the Council wanted to conduct a Straw Poll in consideration of the Legislative Intent for Capital Improvement Plan (CIP) Comprehensive Review. The Council felt it would be appropriate to consider it within the motion sheet. Mr. Luedtke said the budget amendment would be back before the Council next week. NOTE : ITEM 10 IS PART OF THE PROPOSED FISCAL YEAR 2017-18 ANNUAL BUDGET #10 .5:31:01 PM BRIEFING REGARDING THE LIBRARY BOARD ' S RECOMMENDED OPERATION AND CAPITAL BUDGET FOR FISCAL YEAR 2017-18 . (Budget Amendment No. 1) View Attachments 17 - 5 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, APRIL 11, 2017 Russell Weeks, Peter Bromberg, Mimi Charles, Jana Ostler, and Jace Bunting briefed the Council . Ms . Charles acknowledged Library Staff, members of the Library Board, as well as "Friends of the Library" present and thanked them for their assistance on so many levels . She said the Library System Board of Directors unanimously approved a motion at its March 27, 2017 meeting to approve the budget and recommended adoption by the City Council . She said the budget included a proposed $3 . 9 million property tax increase, the first in 15 years . She discussed the purpose of the increase and key goals . Mr. Bromberg outlined the context of the budget and discussed proposed changes . He said the number of facilities and overall Library system continued to evolve and grow. He discussed education and partnerships, programs and services, personnel, materials and supplies, and continued development and collaboration within the communities . He discussed the new Glendale and Marmalade branches, including the current operating costs . Mr. Bromberg continued to review budget priorities such as : planning for future capital facilities maintenance and technology replacement and upgrades; maintaining the safety, cleanliness, and welcoming nature of the facilities; providing an increase for Staff that would match the cost of living and fund recommendations from a pending compensation study; begin implementing recommendations for architectural and space utilization studies for three branches; and promoting access and high utilization of library materials and services . Discussion followed regarding daily operations and proposed elimination of late fees (barriers to access) . Mr. Bromberg said libraries across the country were moving in this direction and have determined the process to be insignificant in timely returns and often revenue neutral . He said there had been discussion in Board meeting and general support for the idea. Councilmember Penfold said although the expectation was for the Board to move forward with this significant change, he was concerned about timing for Board adoption and revenue elimination from the budget. He encouraged Mr. Bromberg to keep the Council updated during the budget process . Inquiry was raised regarding the outlined intent and benefit to pay off the debt service a year early. Mr. Bunting explained the timing of property tax revenue and said the intent was to set aside the amount needed for the next fiscal year into the debt service account for the following year. Further discussion 17 - 6 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, APRIL 11, 2017 followed regarding calculations for technology replacement as well as facilities maintenance . Mr. Bunting outlined inventories, condition assessments, calculations and square footage formula to attempt to estimate these projections . Councilmember Mendenhall inquired as to why the Library did not want to wait one more year to have exact numbers to fund. Mr. Bunting said the fund balance had dropped significantly and to continue to fund operations, security, and facilities it was determined this would be the year to proceed versus drawing the balance down further. Ms . Charles said the Board preferred to retain 16% in reserve, which could facilitate operations for two months . Councilmember Luke acknowledged all issues overcome by the Library and specifically, the ability to continue to operate an effective system without having an adjusted revenue stream. Councilmember Mendenhall asked if the Library was utilizing Google Fiber. Mr. Bromberg said not at this time, however, anticipation was to hire a technology expert. Councilmember Penfold suggested this item be flagged as a follow-up for Council Staff to inquire with Google. Mr. Bromberg said Google donated to the Library collection of computers and hotspots . Mr. Weeks said there would be multiple opportunities for public input and discussion: Public Hearing for the Library Budget would be scheduled as part of the overall annual budget process, and the Truth in Taxation Hearing would be scheduled for August 1, 2017 . #11 . 6:20:56PM BRIEFING REGARDING A RESOLUTION THAT WOULD AUTHORIZE THE APPROVAL OF A REVISED INTERLOCAL AGREEMENT TO ESTABLISH THE CENTRAL WASATCH COMMISSION. The proposed Commission would be a multi-jurisdictional effort to address short- and long- term issues in the Central Wasatch Mountains, including environmental, transportation, economic and recreational issues. The Commission would be tasked with implementing the goals of Mountain Accord. An Interlocal Assignment, Assumption and Consent Agreement that the City Council adopted October 4, 2016, is included in the briefing materials. If the Council ultimately adopts a resolution authorizing the Mayor to sign the revised Central Wasatch Commission Interlocal Agreement, the Council also may adopt a second resolution authorizing the Mayor to sign the Interlocal Assignment, Assumption and Consent Agreement to clarify that both resolutions are linked by having the same authorization dates. All funding commitments made by Salt Lake City as part of 17 - 7 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, APRIL 11, 2017 the resolutions will be subject to budget approval by the City Council. View Attachments Mayor Biskupski, Russell Weeks, Kimie Barnett, Laine Jones, Zack Shaw, Margaret Plane, and Jesse Stewart briefed the Council (Information includes Letter of Support) . Mr. Weeks provided background and said the Salt Lake County Council amended the Ordinance the Salt Lake City Council adopted to allow the County Council at-larger member to serve on the proposed Commission (in addition to the County Mayor) . He said it would further eliminate the unanimous approval of the Commissioners from Salt Lake City, Salt Lake County, Cottonwood Heights, and Sandy in exchange for a simple majority vote. He said Salt Lake City forwarded the Interlocal Agreement that was part of the original Council action (it was signed and available to the Central Wasatch Commission) . He reviewed the Council Policy questions, and pointed out the required approval by each member' s legislative body for appointment of additional members . He inquired if the Council considered that sufficient counterweight to allow the Commission simple majority to appoint additional members . Councilmember Penfold said the Council originally requested modification because the Commission had the ability to add their own additional members . Mr. Weeks said that was removed but the key piece was whether the legislative bodies of the founding members would have any say in the function, appointment powers, and monetary powers of the Central Wasatch Commission. Inquiry was raised regarding bonding, with Mr. Shaw stating a bond issue would not require legislative body approval unless they would actually be approving a revenue stream to secure the bond. The Council inquired as to methodology of the additional Salt Lake County position, with Mr. Shaw stating it specifically called for an at-large Councilmember because they would represent the entire County. Councilmember Mendenhall said original discussions with Salt Lake County tied the additional position around bonding. She said there was room for bond investments outside of the watershed and she would not be surprised if Salt Lake City were asked to participate. She inquired why Salt Lake City then could not justify the presence of one of their Councilmembers on that Commission. 17 - 8 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, APRIL 11, 2017 Ms . Barnette said if that was an issue the City Council wanted to take back to the County Council they could. She said this issue was taken back before the County Council in October and resulted in tremendous public outcry. She said further attempts for review and consideration in response to those concerns put the project on hold. She said she did not have an answer to the Council question as to why they would not request the same option as the County at- large position. Mr. Weeks said the Commission was initially proposed as a small group but now consisted of an advisory group of 35 members . He said a balancing issue would be whether all the cities would be well represented or whether the Commission should be expanded to include another person from Salt Lake City. He said however, the other founding members may then want the same and that would increase the number by four positions . Councilmember Mendenhall said Salt Lake City owned the primary watershed in the areas to be considered by the Central Wasatch Commission so that should reinforce the need for the additional position over other cities . She said they needed to be realistic as to bonding capacity the City may be faced with relative to participation and expressed concern as to the late stage of the game to still be conducting these deliberations . Councilmember Luke said he felt what the Council passed previously was effective, sufficient, and enough to move forward. He said he was supportive because he wanted it to move forward so the Commission could become functional . He said adding another Salt Lake City representative would require the need for Sandy and Cottonwood Heights to consider the same and all of that would cause further delay. He said he did not see the additional Salt Lake County position as being enough to sway things one way or another. He said he wished it would have been adopted months ago and moved forward. Councilmember Penfold expressed concern relative to bonding and whether it could occur without Salt Lake City having a voice in the process . He said the Council originally wanted to address legal issues, membership, and how the Commission could expand and now the County returned with a modification that did not serve Salt Lake City well . Mr. Shaw clarified an entity would have to approve becoming indebted. 17 - 9 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, APRIL 11, 2017 Mayor Biskupski said there were four Councils that would have to review and approve any sort of funding stream and, without question, there would be time for all to consider any ideas around funding. She said there had not been any discussion about needing a funding stream that would require bonding, but all entities would be involved if they were to head down that road. She said every Mayor and every Council involved had concern and suggested in the crafting of the bylaws the concerns raised today were provided consideration. Further discussion followed regarding notification requirements surrounding property acquisition, Sandy City and Cottonwood Heights holding off on approval until all three municipalities had rendered approval, any changes would have to go back before the County Council, bylaws, etc. The Council expressed concern regarding the opportunity of having timely information to be able to render good decisions . Ms . Plane cautioned the Council on conditionally approving the resolution. Inquiry was raised regarding opportunity to recall an interlocal agreement, with Ms . Plane stating she could not think of an easy way other than returning to all involved governing entities to renegotiate, but doing it over bylaws seemed untenable . She said the question went to the Mayor and the Council' s comfort level in her communicating these two issues back as they were developed. Ms . Jones said these concerns were shared by other Councils and the requests were not unreasonable. She said she could not see a reason why bylaws would not require reasonable notice. Mr. Shaw said the notification provision did not apply to bonding but to other activities . Discussion followed regarding potential for delay and what that could mean. Ms . Jones said Congressman Chaffetz introduced a bill last summer that was not passed during the last Congress . She said there was now opportunity to reintroduce the land bill this year if there was a local sponsor operating by summer. She said if the agreement drug on much longer, another opportunity could be missed. Concern was expressed regarding pressure to pass this quickly and frustrations with Salt Lake County. Ms . Barnett said she understood the concern with the Council' s position and delays but said Salt Lake County was working hard to make this happen. 17 - 10 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, APRIL 11, 2017 A 5-1 Straw Poll was conducted in support of the proposal before the Council with the understanding and commitment to take the Council concerns to the County Commission immediately as the bylaws were developed to include definition of notification and that any modification of bylaws would go through that notification process . Councilmember Johnston was not in favor and Councilmember Rogers were not present. #12 . 7:48:01PM 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 scheduling items. See File M 17-5 for Announcements . #13 . REPORT OF CHAIR AND VICE CHAIR. No discussion was held. #14 . 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 7 : 58 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 April 11, 2017 . clm 17 - 11