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02/19/2019 - Work Session - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, FEBRUARY 19, 2019 The City Council met in Work Session on Tuesday February 19, 2019, in Room 326, Committee Room, City County Building, 451 South State Street. In Attendance: Council Members Andrew Johnston, Amy Fowler, Chris Wharton, Erin Mendenhall, Charlie Luke, James Rogers, and Analia Valdemoros Staff in Attendance : Cindy Gust-Jenson, Council Executive Director; Jennifer Bruno, Council Executive Deputy Director; David Litvack, Mayor' s Deputy Chief of Staff; Margaret Plane, City Attorney; Nick Tarbet, Council Policy Analyst; Allison Rowland, Council Policy Analyst; Benjamin Luedtke, Council Policy Analyst; Brian Fullmer, Council Constituent Liaison/Budget Analyst; Melissa Jensen, Housing & Neighborhood Development Director; Baylee White, Housing and Neighborhood Development Programs Specialist; Mary Beth Thompson, Finance Director; Michaela Oktay, Deputy Planning Director; Lynn Pace, Mayor' s Senior Advisor; David Gellner, Principal Planner; Wayne Mills, Planning Manager; Katia Pace, Principal Planner; Nick Norris, Planning Director; Trebor Andersen, Airport Operations Superintendent; Bill Wyatt, Airports Executive Director; Laura Briefer, Public Utilities Director; Mike Brown, Police Chief; and Kory Solorio, Assistant City Recorder. Guests in Attendance: James Alfandre, Urban Alfandre Founding Principal (Item No . 2) ; Steve Alder, Protean Properties Senior Property Manager (Item No. 2) ; and Christopher M. Conabee, Inland Port Authority Interim Executive Director (Item No . 7) . Councilmember Luke presided at and conducted the meeting. The meeting was called to order at 2 : 36 p.m. Councilmember Luke recognized Councilmember Valdemoros for her first official Work Session as a City Council Member. AGENDA ITEMS #1 . 2:36:57PM BRIEFING REGARDING A PROPOSAL THAT WOULD CREATE A LAND USE CLASSIFICATION TO ADDRESS SHORT-TERM HOUSING FOR THE TERMINALLY ILL AND SERIOUSLY ILL. The proposal includes reviewing compatibility concerns for how this land use, and others like it, would impact the adjacent residential neighborhoods, particularly the Institutional Zoning District. Petition No. PLNPCM2016-00024. View Attachments 19 - 1 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, FEBRUARY 19, 2019 Nick Tarbet, Katia Pace, Michaela Oktay, and Nick Norris briefed the Council with attachments . Mr. Tarbet reminded the Council this was a text amendment initiated by the Council . He said a commendable amount of work was done in the process (the past three years) and there was excitement to see what Planning Staff recommended. Ms . Pace briefed the Council with a Power Point presentation. Comments included: developing a land use type for short-term housing for terminally and seriously ill, recommending adoption, removing the 25-person cap in the definition of Assisted Living Facilities, removing the 800-foot distance requirement between facilities to become compliant with Federal law, renaming/redefining the land use definition "Eleemosynary" to "Dwelling, Congregate Care Facility", creating two sizes (small/large) of Congregate Care Facilities and reclassifying the districts where both were allowed, creating a new parking requirement for proposed small Congregate Care Facilities, removing the 25-person cap in the qualifying provisions of the Institutional district for Congregate Care and Assisted Living Facilities, and making Congregate care and Assisted Living Facilities a conditional use in the Institutional District. Discussion was held regarding concern with the arbitrary cap, gap between the small/large facilities (7-16) , Assisted Living Facility permitted zones, small/large Congregate Care Facilities definitions, question if there were two different types of uses in the text amendment (Assisted Living and Congregate Care) , lifting/understanding the 25-person cap, Assisted Living Facility definitions, realities of applying the conditional use process (from a planning perspective) , consideration of a Neighborhood Advisory Committee, addressing community impacts through communications, reasoning behind the facilities threshold of seven occupants, dealing with two different uses (Congregate Care and Assisted Living) in one building, allowing a large congregate care facility in a low density residential area, and State licensing capacity limits . Council Members requested the following item from Staff: • Continued conversation around the effectiveness of mitigation efforts established through a conditional use process . #2 . 3:19:06PM BRIEFING REGARDING A PROPOSAL THAT WOULD AMEND THE ZONING AND FUTURE LAND USE MAP FOR PROPERTY LOCATED AT 515 SOUTH 400 EAST. The petitioner is requesting to change the future land use map for the property from "Residential/Office Mixed Use" to "High Mixed Use" and to change the zoning map from Residential 19 - 2 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, FEBRUARY 19, 2019 Office (RO) to Residential/Mixed Use (R-MU) . The intent is to allow more flexibility to develop future multi-family residential, office or mixed-use development. A specific site development proposal has not been submitted with this request. Petition Nos. PLNPCM2018-00642 and PLNPCM2018-00643. View Attachments Brian Fullmer, David Gellner, Wayne Mills, James Alfandre, and Steve Alder briefed the Council with attachments . Mr. Fullmer introduced the proposed amendment . Mr. Gellner indicated there was a change of applicant authorized by the property owner. He said the applicant would explain the future plans for the parcel and possibly the adjacent parcel (if they were consolidated) ; however, there were no specific site development plans . He said Planning Staff recommended the Planning Commission forward a positive recommendation to the City Council but the Planning Commission forwarded a negative recommendation. Discussion was held regarding zoning of the apartment building across the street, Planning Commission' s negative recommendation, setbacks, clarification of the Administrative recommendation, change of the initial petitioner, Central City Neighborhood Council comments from the previous 2017 adjacent parcel process, one building with split zoning, if Administration would have recommended/supported the amendment based on a different scenario, clarification on the Administration' s decision regarding the previous rezone, having a design concept, and project timeline. Mr. Alfandre and Mr. Alder, applicants, briefed the Council . Comments included: history of the building, great location with walkable amenities, meeting with the Central City Community Council, and Planning Commission' s major concerns . Mr. Fuller said a public hearing would be held March 26, 2019 with tentative action on April 2, 2019 . #3. 3:40:42 PM BRIEFING REGARDING AN ORDINANCE THAT WOULD AMEND VARIOUS SECTIONS OF TITLE 21A OF THE SALT LAKE CITY CODE PERTAINING TO REGULATION CHANGES FOR OPEN SPACE AND SIMILAR USES. The proposed amendments address issues related to development standards, definitions and sign regulations relating to parks, open space and public facility uses, among other changes. The overall purpose of the project is to ensure City regulations help various departments meet their service and program goals, and support best practices relating to open space, recreation and land management . Petition 19 - 3 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, FEBRUARY 19, 2019 No. PLNPCM2010-00406. View Attachments Brian Fullmer, Nick Norris, and Laura Briefer briefed the Council with attachments . Mr. Fullmer introduced the proposed amendment. Mr. Norris briefed the Council with a Power Point presentation. Comments included: Open space code revisions, open space versus open space area, changes to Open Space District (OS) , changes to land use tables, changes to Natural Open Space District (NOS) , flexibility for park features, signs in Open Space Districts, and updated/new definitions . Discussion was held regarding what could be done to help facilitate more roof-top space without eliminating any sort of ground level open space, retail as accessory uses, encroaching into yard requirements, potential of linear parks, existing buildings in parks not being used, lot and bulk standards relating to Public Utilities, and how denying Public Utilities the exemption (underground lines and buildings) would impact the Department. Mr. Fullmer said a public hearing would be held March 26, 2019 with tentative action on April 2, 2019 . Straw Poll: Unanimous support of having the Administration come back to the Council with zoning change recommendations for City Creek, the Foothills area, and any areas pertinent related to riparian areas in the City. #4 . 4:41:55 PM BRIEFING FROM THE ADMINISTRATION REGARDING PROPOSED AMENDMENTS TO REGULATIONS ON CAR-SHARING COMPANIES AT THE AIRPORT. The Council may also discuss general policy on car-sharing and Airport operations. View Attachments Councilmember Luke provided the background leading up to the proposed amendment. He said there was concern about what was taking place at the Airport which had received the attention of some State Legislators . He said it was a simple ordinance fix that could be done. David Litvack, Bill Wyatt, and Trebor Anderson briefed the Council with attachments . Mr. Litvack said one issue (in the midst of being addressed) was with a company named Turo (car-sharing service) who wanted to operate at the Airport. He said a permit was required by ordinance to use Airport property for business/commercial activities . He said while the Administration was working with Turo to legalize their operations at the Airport, 19 - 4 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, FEBRUARY 19, 2019 an issue came up (similar to addressing Transportation Network Companies (Uber/Lift) in 2010) . He said violators of the current City Code were guilty of a Class B misdemeanor and discussion of the ordinance (requested by the Council and the Administration) was to allow for illegal activity to be addressed through civil means rather than criminal . Mr. Wyatt provided background on Airport ancillary revenues leading up to measures in resolving (a challenge not seen in 2010) the issue with Turo wanting to operate at the Airport. He also spoke about the City' s ability to adapt to change. Mr. Anderson spoke about examining the current ordinance, commercial activities at the Airport, previously addressing ground transportation, addressing ordinance violations through civil penalties, Turo being a different operating platform (not considered a ground transportation company) , and paying fees for operating/conducting general business/engaging in business at the Airport. He said another thing being addressed was the parking aspect that occurs at the facility. He talked about closing the parking garage when it was filled, excitement for the new development, doubling the parking garage space, and keeping business operations out of the parking structure in order to utilize it for public parking. Discussion was held regarding how other airports were resolving the same issues, Salt Lake City working with new disruptive technology, Legislature involvement, Council/Administration willingness to contribute, City' s ability/willingness to make changes, Airport operations being different from anywhere else in the City, current parking limitations, encouraging the Legislature to let the City do its job, and why current ordinance violations were criminal . Mr. Litvack said an ordinance change was not needed to address the permitting issue (legal operations) of Turo. He spoke about the Administration' s meeting with representatives of Turo. He said a draft proposal/permit was submitted to Turo on January 24, 2019 and a response had not yet been received. Council Members requested the following items from Staff: • Look at other violations needing to be decriminalized in the current ordinance. • Look at and re-evaluate all things the City criminalizes . #5. 5:34:43PM UPDATE REGARDING HOW THE "FUNDING OUR FUTURE" SALES TAX REVENUE HAS BEEN USED TOWARD PUBLIC SAFETY RESOURCES AND 19 - 5 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, FEBRUARY 19, 2019 STAFFING. Funding Our Future is an initiative to address four critical needs: public safety, affordable housing, improved streets, and better transit options. The Council approved a 0. 5% sales tax increase in May 2018, and during the City's budget process, allocated funding from anticipated sales tax revenue to each of those needs. Councilmember Luke said the purpose today was to have Chief Brown provide an informal update regarding the status of the sales tax revenue received for Public Safety. Benjamin Luedtke and Mike Brown briefed the Council . Chief Brown reviewed department staffing. He stated there was a total of 467 sworn officers and 122 civilian positions (including the Airport) . He said there were 6 unfilled position at the Airport and 18 unfilled/unfunded in the Police Department (down 24 officers) . He reviewed positions authorized/funded by the Council . He said 27 Police Officers, 2 Crime Lab Intelligent Analysts, 1 Crime Lab Quality Assurance Manager, and 2 Records Clerks were all obtained. He said 1 Licensed Clinical Social Worker, 1 Case Manager and a Victim Advocate were in the hiring process . Discussion was held regarding how the recently hired positions would affect the City and the sense of importance between starting pay/salary, incremental growth, Tier II benefits, generational change between officers, and recruiting/retaining new officers (or lateral moves) . #6 . TENTATIVE BREAK #7 . 5:05:32PM UPDATE REGARDING THE PROGRESS OF THE UTAH INLAND PORT AUTHORITY FROM ITS INTERIM EXECUTIVE DIRECTOR, CHRISTOPHER M. CONABEE . Christopher Conabee briefed the Council with a Power Point presentation. Comments included: Growth in Utah, value of goods shipped in the United States/Utah, shipping trends, diverse economy, Port-related occupations, State employment projections, zoning, Salt Lake City Northwest Quadrant Master Plan, sources of emissions, air quality, and pre-existing environmental issues . Discussion was held regarding ensuring different communities took the Inland Port (Envision Utah) survey (specifically those closest to the area) , issues resulting from increased rail traffic, hiring an executive director, and synopsis of the business plan. 19 - 6 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, FEBRUARY 19, 2019 #8 . 6:07:11PM FOLLOW-UP BRIEFING REGARDING AN ORDINANCE THAT WOULD AMEND THE FINAL BUDGET OF SALT LAKE CITY, INCLUDING THE EMPLOYMENT STAFFING DOCUMENT, FOR FISCAL YEAR 2018-2019. Budget amendments happen several times each year to reflect adjustments to the City's budgets, including proposed project additions and modifications. The proposed amendment includes funding to purchase property near the Regional Athletic Complex, among other changes. (Budget Amendment No. 3) View Attachments Benjamin Luedtke and Mary Beth Thompson briefed the Council with attachments . Mr. Luedtke said this item was scheduled for public hearing tonight. He said the only item in Budget Amendment No. 3 was a request for a land purchase of two parcels near the Regional Athletic Complex (RAC) using $500, 000 from the Surplus Land Fund. He said the City owned two other parcels near the two that were proposed to be purchased and the four parcels would be assembled and were proposed to be an indoor soccer facility. He further explained the vision of the proposed project, annual maintenance costs, growing demand for soccer facilities, no development approach, Surplus Land Fund balance, and using Parks Impact Fees . Ms . Thompson explained that according to the Fiscal Procedures Act, the only way to reimburse the Surplus Land Fund using Parks Impact Fees was through a loan. Councilmember Luke said this was back on the agenda because direction was given to reimburse the Surplus Land Fund using Parks Impact Fees . He said it was learned from both Finance and the Attorneys that the Impact Fee reimbursement would not work. Discussion was held regarding clarification of the 10 . 41% adjusted Fund Balance. Straw poll: Unanimous support to recommend moving forward with the Budget Amendment as it was originally proposed and not moving forward with the Impact Fee portion. Council Members Rogers, Mendenhall, and Fowler were absent for the vote . #9 . 6:12:52 PM BRIEFING REGARDING A RESOLUTION THAT WOULD AUTHORIZE A LOAN FROM SALT LAKE CITY' S HOUSING TRUST FUND TO WISHCAMPER DEVELOPMENT PARTNERS, THE PRINCIPALS OF LINCOLN TOWER HOUSING ASSOCIATES LP. The $1 . 3 million loan would help fund the rehabilitation of 95 existing units of senior housing at 2017 South Lincoln Street East (located approximately between 900 and 1000 East, a half-block north of 2100 South) . View Attachments 19 - 7 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, FEBRUARY 19, 2019 Allison Rowland, Melissa Jensen, Baylee White, and David Litvack briefed the Council with attachments . Ms . Rowland provide an outline of the loan terms from Housing and Neighborhood Development (HAND) . Discussion was held regarding the Housing Trust Fund balance, anticipation of the loan being repaid via revenues, concern about ending up with a forgivable loan, threshold criteria for the level of City funding for renovations, loan structure, Salt Lake County' s role in the project, potential of an interest rate change, and ability to renovate the apartments while tenants were living there. Council Members requested the following item from Staff: • Clarify whether tenants living at Lincoln Tower could be at risk if hazardous materials were found. #10 . 5:42:16 PM DISCUSSION REGARDING THE 2019 UTAH STATE LEGISLATIVE SESSION AND BILLS THAT MAY IMPACT THE CITY. Lynn Pace and David Litvack briefed the Council . Mr. Pace provided an overview of the following potential problem legislative issues : • Senate Bill 129, Retirement issues relevant to Public Safety; • Senate Bill 34, Affordability Housing modifications; and • Senate Bill 117, Tax Amendments (Sales tax reform) . Discussion was held regarding potential affects to the City concerning Public Safety and Firefighter Tier 2 retirement amendments (Senate Bill 129) and concern regarding Victim Targeting Penalty Enhancements (Senate Bill 103) . Council Members requested the following items from Staff: • Feedback from Police/Fire Departments and Unions regarding Senate Bill 129 Retirement issues relevant to public safety. • Provide financial analysis of the potential impact/cost to the City of proposed Senate Bill 129 Retirement issues relevant to public safety. #11 . 6:26:42PM INTERVIEW TURNER BITTON PRIOR TO CONSIDERING HIS APPOINTMENT TO THE POLICE CIVILIAN REVIEW BOARD FOR A TERM ENDING FEBRUARY 19, 2022 . View Attachments Councilmember Luke said Mr. Bitton' s name was on the Consent Agenda for formal consideration. 19 - 8 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, FEBRUARY 19, 2019 STANDING ITEMS #12 . 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. • Energy Innovation and Carbon Dividend Act; and • Scheduling items. Item not held. #13 . REPORT OF THE CHAIR AND VICE CHAIR Item not 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 6 : 30 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 pursuant to Utah Code §52-4-203 (2) (b) . This document along with the digital recording constitute the official minutes of the City Council Work Session meeting held February 19, 2019 . ks 19 - 9