11/28/2017 - Work Session - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING
TUESDAY, NOVEMBER 28 , 2017
The City Council met in Work Session on Tuesday, November 28, 2017,
in Room 326, Committee Room, City County Building, 451 South State
Street.
In Attendance: Council Members Erin Mendenhall, Derek Kitchen,
Stan Penfold, Charlie Luke, James Rogers, Andrew Johnston, 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; Paul Nielson, Senior City Attorney;
Jacqueline Biskupski, Mayor; Wayne Mills, Planning Manager; Sean
Murphy, Housing and Neighborhoods Project and Policy Manager; Nick
Norris, Planning Director; Nick Tarbet, Council Senior Public
Policy Analyst; Chris Lee, Principal Planner; Benjamin Luedtke,
Council Public Policy Analyst; Melissa Jensen, Housing and
Neighborhood Development Director; Mike Brown, Police Chief;
Michael Maloy, Senior Planner; Lisa Shaffer, Public Services
Director; and Scott Crandall, Deputy City Recorder.
Others in Attendance: David Garbett, Pioneer Park Coalition.
Councilmember Penfold presided at and conducted the meeting.
The meeting was called to order at 4 : 10 p.m.
AGENDA ITEMS
#1 . 4:10:41 PM RECEIVE A BRIEFING REGARDING AN ORDINANCE THAT
WOULD UPDATE THE CITY' S REGULATIONS IN THE FORM BASED URBAN
NEIGHBORHOOD (FB-UN2) ZONING DISTRICT. View Attachments
Nick Tarbet, Chris Lee, Nick Norris, and Wayne Mills briefed
the Council with attachments . Mr. Tarbet said the Staff report
contained the Planning Department' s response to four comments made
by constituents at the September public hearing. Mr. Lee reviewed
the responses with the Council . Comments included active uses (how
to engage the sidewalk, ground floor) , Townhome restrictions (row
house maximum) , design standards, setbacks/stepbacks, parking
standards/legal uses, surface parking lot modifications, maximum
building width, facade restrictions, development rights, buffer
modification, and planned unit developments .
Councilmember Mendenhall expressed concern about density
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restrictions regarding townhomes . She said she thought there was
a sense that the Council was looking for a variety of housing types
and innovation in developments where smaller units could be
utilized to increase density. Mr. Mills said the intent was not to
limit density but to break up the building mass . He said the 200-
foot building maximum was still being recommended for all Form-
Based zoning Citywide.
Councilmember Penfold said his concern was an unbroken 200'
facade (variation needed) . Mr. Mills said the FB-UN2 zone had a
number of design standards which controlled the facade (different
building types required different entry features to break up
facade) . Councilmember Mendenhall said there was also a concern
that the back of a building could have the same 200' problem as
the front (similar to Green Street) .
Councilmember Adams said she was concerned about having
really tall buildings and wondered if it was worth considering
these parcel by parcel . Mr. Norris said that could create a number
of legal challenges . He said other things could be explored like
transferring on-site development rights (shift height to other
parts of property) but felt more time was needed to study/determine
options .
Councilmember Penfold said he felt the concept of "active
use" needed to be further defined. He said he was concerned about
having buildings/complexes which covered long portions of a block-
face that limited opportunities for activities or interaction with
pedestrians along the sidewalk (walkable neighborhood) . He said
this came up as part of the transit zone discussion. Mr. Norris
said one of the Department' s priorities was to address this issue
in a number of key zones . Councilmember Penfold said he was also
concerned about seeing car-oriented apartment complexes being
built adjacent to trax stops with no public use available .
Straw Polls :
• Support for reducing the active use depth from 25' to 10' as
a minimum requirement (only applied to Cottage Developments,
Row Houses, and Two-Family Dwellings) . All Council Members
were in favor.
• Support to remove the cap which currently existed for 3-5
units within the FB-UN2 zone (Row Houses) . All Council Members
were in support.
• Support to not revisit the current height restrictions in the
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FB-UN2 zone . All Council Members were in favor, except Council
Kitchen, who was opposed. Councilmember Mendenhall suggested
holding a future discussion about this issue.
• Support to explore allowing commercial parking in the FB-UN2
zone. All Council Members were in support of not allowing
parking.
#2 . 6:05:27 PM RECEIVE A FOLLOW-UP BRIEFING REGARDING AN
ORDINANCE THAT WOULD AMEND THE CITY' S ACCESSORY DWELLING UNITS
(ADUs) REGULATIONS PURSUANT TO PETITION NO. PLNPCM2014-00447 . ADUs
are small apartments that share a lot with a single-family home.
They can be basement apartments, above and inside garages, or
entirely separate buildings. The updated proposal could make this
ordinance Citywide, but specialized boundaries instead of citywide
are also still being considered. View Attachments
Nick Tarbet, Nick Norris, Michael Maloy, and Paul Nielson
briefed the Council with attachments . Councilmember Kitchen said
he did not want this to go back to the Planning Commission or start
over with new boundaries . He suggested moving forward with the
South Temple and 1300 East boundary (everything north of Interstate
80 (I-80) and east of 1300 East would be excluded) . He said he
wanted to remove the cap altogether and revisit the ordinance at
some point in the future (potentially in three years) .
Straw Polls:
• Support to keep the boundary forwarded by the Planning
Commission. Council Members Penfold, Kitchen, Johnston,
Adams, and Luke were in favor. Council Members Mendenhall and
Rogers were opposed.
• Support to remove the annual cap of 25 ADUs . Council Members
Penfold, Kitchen, Johnston, Adams, Mendenhall, and Luke were
in favor. Councilmember Rogers was opposed.
• Support to revisit the ADU ordinance in three years . All
Council Members were in favor. Discussion was held on how/when
to address the revisit process (legislative intent or sunset
the ordinance) . Mr. Norris said there could be legal issues
regarding any active ADUs, should the ordinance sunset .
Councilmember Penfold said he wanted to postpone a straw poll
until further review could be done on the legislative intent
and sunset provision. He asked Staff to return next week with
options .
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Discussion was held on Item #2 (legislative intent language) .
Councilmember Penfold said a straw poll would not be held due to
concerns expressed about funding, Staff issues (research/costs) ,
and providing design/plans for public use.
Discussion was held on requiring an owner-occupied affidavit
to be included with the ADU application. Mr. Nielson said an
affidavit was not the appropriate mechanism. He suggested making
a more robust application which provided information to the
applicant stating exactly what compliance was . Councilmember
Penfold said he assumed the intent was to ensure the City
adequately notified applicants of the requirements . Councilmember
Mendenhall said she thought the intent was to give the City more
legal ground if an owner moved out and started renting their
property as a duplex. Councilmember Penfold asked about a mechanism
to address that.
Councilmember Rogers suggested filing a notice of interest
with the County Recorder (like a deed restriction showing the unit
was to be owner occupied) . Mr. Nielson said he thought that might
work. Councilmember Rogers asked if an ADU owner had to adhere to
the Good Landlord Program and if the owner' s property would also
be assessed at a different rate since the property would be
considered income producing. Councilmember Penfold asked the
Administration to consider those issues and return to Council with
a recommendation.
Straw Poll: Support to allow ADUs (inside main structure) in local
historic districts (did not remove boundary) . All Council Members
were in favor.
Councilmember Penfold said the issue would be scheduled for
additional follow-up next week.
#3 . 4:49:28PM RECEIVE A FOLLOW-UP BRIEFING ABOUT "GROWING SLC:
A 5-YEAR HOUSING PLAN. " The plan envisions Salt Lake City as a
place where all its residents can find housing that is safe, secure
and affordable. The plan outlines goals for creating long-term
solutions for increasing the housing supply, expanding housing
opportunities throughout the city, addressing systemic failures in
the rental market, and preserving existing units. View Attachments
Nick Tarbet, Melissa Jensen, Sean Murphy, and Benjamin Luedtke
briefed the Council with attachments . Mr. Tarbet said discussion
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was needed on changes made to Items 9-17 that were not discussed
during the November 14, 2017 meeting.
• 9. Issue addressed: Clarify funding options. Councilmember
Kitchen asked that the sentence in the second paragraph,
ending with "such as a levy or a bond" be expanded to include
other things the Council was interested in such as short-term
rental fees, impact fees, document recording fee, etc .
• 10. Issue addressed: Local officials becoming advocates .
Councilmember Mendenhall said her intent was to have a
conversation with the Legislature about expanding allowable
uses of impact fees for affordable housing. She suggested
having the Council' s Legislative Subcommittee take that up as
one of the policy objectives for the upcoming Legislative
Session. Councilmember Luke said he agreed that should be
added to the Subcommittee' s upcoming agenda. Councilmember
Penfold said it might be helpful on a State level to explore
options to help shore-up or even replace federal level tax
incentives .
Additional discussion was held on exploring opportunities to
utilize/leverage surplus State/Federal lands for affordable
housing (See Issue 8) . Councilmember Kitchen said a Citywide
policy was needed to address surplus land. Councilmember
Penfold suggested looking at a discounted/write-down option
at the State level as well . He asked Ms . Jensen to check if
that could accommodate not only market rate purchases, but
write-downs, trades, exchanges, etc. so the City could get
some key properties in that manner. Mr. Murphy said he would
include that in the plan. Councilmember Kitchen suggested
having donations go to the Community Land Trust. Ms . Jensen
said updated language would be in the final redline version.
• 11 . Issue addressed: Long-term funding for rental assistance.
Councilmember Kitchen said the RDA had property tax
reimbursement policies for economic development and thought
there might be opportunity to do property tax reimbursement
for properties that were developed for permanent supportive
housing. Ms . Jensen said she would work with Economic
Development/RDA Staff to see if that was legal/feasible and
then adjust the plan accordingly. Councilmember Kitchen said
he thought a policy discussion was needed within the RDA as
well . He said having something included in this plan would be
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helpful .
• 12 . Issue addressed: Coordinating supportive services.
Discussion was held on the definition of "deeply affordable
housing" and providing appropriate services for that
population. Ms . Jensen said HAND' s prospective was people who
were at 30o Area Median Income (AMI) or below. Councilmember
Penfold said his main concern was that some portion of the
30-40o AMI population would probably lose their housing at
some point and wondered if there was a mechanism for
connecting them to providers who could potentially provide
some sort of "slight touch" case management. Ms . Jensen said
she did not think there was a consistent model for that .
Councilmember Penfold asked if it was worth calling that out
in the plan. Ms . Jensen said she felt it was and would give
the issue some thought and prepare redline text for the next
briefing. Councilmember Johnston said he thought
consideration was needed regarding the City' s role in
defining/providing those services (included in the plan) . Ms .
Jensen said she viewed the City' s role as a facilitator to
help connect people with proper agencies . She said she would
work on some language.
Note: Councilmember Penfold was excused until 5 : 55 p.m.
Councilmember Luke chaired the meeting in his absence .
• 13 . Issue addressed: Highlight housing partners and need for
marketing. (No objections)
• 14 . Issue addressed: Clarify objective for neighborhood
investments . (No objections)
• 15. Issue addressed: Focus on improving neighborhood assets .
(No objections)
• 16. Issue addressed: Focus on producing affordable units in
high opportunity neighborhoods. (No objections)
• 17 . Issue addressed: Connection between population
characteristics and production needs. (No objections)
Councilmember Kitchen said he wanted language included in the
plan showing it would follow any formal ADU discussions . Ms . Jensen
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said she would send a final redline version to the Council next
week and would include the language .
Councilmember Luke said tentative action was scheduled on
December 5, 2017 .
#4 . 5:18:52PM RECEIVE A BRIEFING REGARDING BUDGET AMENDMENT NO.
1 FOR THE FISCAL YEAR 2017-2018 BUDGET. Budget amendments happen
several times each year to reflect adjustments to the City's
budgets, including proposed project additions and modifications.
This proposed amendment includes funding for Operation Rio Grande;
possibly adding additional police officers; improvements at
Pioneer Park that would remove the shuttered restrooms and open up
the center of the park; and many other changes. View Attachments
Jennifer Bruno, Benjamin Luedtke, Lisa Shaffer, and David
Garbett briefed the Council with attachments .
Discussion was held on the following items :
A-7 : Pioneer Park Improvements Implementation Rescope
($544,000 - Capital Improvement Program - CIP) Councilmember
Kitchen asked about the level of restroom cleanliness between 5
and 7 times a week. Ms . Shaffer said their records indicated there
was not much difference but cost savings between 5 and 7 were more
significant. Councilmember Adams said she understood there was a
potential private match for improvements ($250-300, 000) . Ms .
Shaffer said the Council' s packet was updated with that information
and David Garbett, Pioneer Park Coalition, was available for
questions . She said the Coalition was willing to donate up to
$300, 000 conditioned on the approval of the budget amendment.
Ms . Shaffer provide a brief history and said through their
civic engagement process, she wanted to come back to the Council
with clearly defined rules about what an implementation plan was
versus a master plan. Ms . Gust Jenson said a master plan was
presented to the Council in the past which they intentionally chose
to adopt one section of and not the others . She said it was awkward
to call those things an implementation plan. She said the other
unusual part was the proposal was coming to the Council mid-year
instead of through the annual budget process .
Councilmember Kitchen asked about the politics of why the
previous Council only adopted a small portion of the master plan.
Ms . Gust-Jenson said there was a difference in the community about
tree removal (how many could be taken out without changing the
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entire character of the park) , some proposals were in competition
with Gallivan, and the Council was unsure about whether to create
a second venue which did similar things . She said there was one
subsequent briefing and the issue had been dormant for a long time .
She said the request coming in a budget opening was not typical
because normally, it would come through the Mayor' s budget process
and be considered with other CIP priorities .
Councilmember Kitchen asked what the Council could do to give
direction/clarity to Ms . Shaffer. Ms . Gust-Jenson said the Council
could hold a briefing on what the proposal entailed, determine
support for the concepts or not, review public input (determine
whether there were still concerns with issues that were raised in
the past) , look at any new issues, and then decide whether the
Council wanted the proposal in pieces or as a whole through the
regular budget process with CIP or in a mid-year budget amendment.
Councilmember Adams said she thought the issue was more about
providing safety in the area than bathrooms . She said she thought
the proposal was interesting and liked that previously allocated
funding was being utilized for another purpose in the park.
Councilmember Rogers said regarding the master plan and
implementation documents, he thought the Council needed to have a
discussion about that but he preferred to have those types of
proposals come to the Council through the normal budget process
rather than through amendments . He reiterated the money allocated
by the Council for the Portland Loo was never spent. He also said
he supported the match requirement.
Councilmember Johnston asked if the Pioneer Park Coalition
funding match had any strings attached. Ms . Shaffer said the match
was to be used specifically for lighting. She said if the proposed
multi-use field/pathways were not created the lighting match would
be irrelevant . Mr. Garbett said the Coalition wanted to contribute
$300, 000 because he understood that was the approximate cost for
lighting the field and walkways . Councilmember Johnston requested
additional information about the proposed lighting, (i .e . did it
follow the City' s lighting scheme) . Ms . Shaffer said a Certificate
of Appropriateness was required from the Historic Landmark
Commission before any construction could take place . Councilmember
Johnston said he agreed the process for these types of issues
needed to be looked at but felt the outcome was worth activating
the space and handling funding appropriately/effectively.
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Councilmember Mendenhall said she was in support of the
proposal . She said she was comfortable doing this in a budget
amendment in hopes the park would be ready for the summer season.
Councilmember Kitchen said he was in support as well . He asked Ms .
Shaffer to send him a PDF document of the proposed redesign. She
said she would also include construction documents .
Councilmember Luke said he was supportive and echoed the
timing issues (budget amendment versus Mayor' s budget process) . He
said this was not something the Council typically wanted to do in
a budget opening but the project itself was definitely worthwhile
and he looked forward to moving ahead. He said he was excited about
the public/private partnership. He said although there was a lot
of talk, the City had not seen many public/private partnerships .
Councilmember Kitchen asked for an explanation of the process
of creating public/private partnerships . Ms . Shaffer said her
office spent a lot of time working on that issue. She said the
partnership they envisioned for Pioneer Park started with
conversations being held with the Coalition and their willingness
to participate. She said the Department was in the process of
creating a Management Plan for all City parks but specifically
Pioneer Park. She said the Plan could inform any type of Request-
For-Proposal (RFP) issued by the City and would include all of the
standards the City found important for taking care of its public
spaces . She said respondents to any RFP would have to meet those
minimum standards .
Discussion was held on the need to have a clearly defined
policy regarding public/private partnerships . Councilmember Luke
said the City previously adopted a Contribution and Naming
Ordinance which could be used by the Administration/Council as a
starting point. Councilmember Kitchen said it was important to
treat taxpayers, constituents, and investment partners fairly.
Councilmember Mendenhall said she hoped in the coming year the
Council would hold a discussion about public/private partnerships .
Straw Poll: Support to approve the Pioneer Park improvements
implementation re-scope including up to a $300, 000 match from the
Pioneer Park Coalition (submit future requests as part of regular
budget) . All Council Members were in support, except Councilmember
Penfold, who was excused.
A-12 : Operation Rio Grande ($3 . 525 Million Total) . Mr. Luedtke
said a chart was included in the attachment comparing additional
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police officer scenarios by cost estimates (entry level) .
Discussion was held on the Council' s interest in adding additional
officers . Comments included: utilizing COP grants, additional
responsibility/resources of Operation Rio Grande, intent to
increase officers in neighborhoods (bike patrols) , public
perception about safety, develop resident/police relationships,
increase patrol division, potential public safety tax increase,
phased approach, resources shifted to Operation Rio Grande, need
for fully staffed department, budget/resource issues, tie budget
discussions to actual outcomes/measures, community policing model,
23 beats/three shifts per day, 70o staffing model, staffing study
needed to efficiently deploy officers, ratio of officers needed to
address daytime/nighttime service populations, address feeling of
safety and actual crime, and find ways to track perception of
safety (track dispatch and response times) .
Councilmember Luke said during the coming month, he wanted to
have a broader discussion about different outcome measures the
Council might want to consider. He said he wanted to see exactly
how the Police Department planned to utilize additional officers
within neighborhood policing and beat models . He said the Council
had been very consistent about having a sufficient number of
officers in City neighborhoods .
Councilmember Rogers said he wanted to know what impact
additional officers would have on the streets (how many per shift) .
Chief Brown said he would come back before the next budget cycle
to update the Council about the potential impact new officers would
have on the department.
Councilmember Johnston said this was a proxy measure toward
the Council' s ultimate goal to address the community' s perception
of safety and actual crime . He said the City had the ability to
track different types of crime statistics but it also needed the
ability to track perception of safety which might include dispatch
and response times . He said depending on what outcomes the Council
wanted to achieve, the City would have to look across departments
to increase funding, which would require budgetary discussions . He
said it was not just about getting $5 million to pay for officers,
but was about how much would this cost to get the Council where it
wanted to be .
Councilmember Kitchen said he supported new officers but
wanted to acknowledge this was a serious budgetary issue the
Council would have to address in the near future . He said the
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Council' s fundamental role was to ensure public health/well-being
(including public safety) . He said in light of Operation Rio Grande
and other things that had taken place in the City over the past
couple of years, there really was a deficit in how City residents
felt about safety. He said the feeling of insecurity was very real
and this was an important step for the Council to take.
Councilmember Penfold said this was long overdue . He said the
Council was committed to supporting Chief Brown in his efforts in
facing the challenge of reallocating limited resources, addressing
the City' s day/night-time population needs, and determining a
sufficient level of officers for public safety. He said the Council
wanted to send a message that they appreciate the hard work of all
officers .
Straw Poll: Support to increase the proposed number of 27 new
police officers to 50 . All Council Members were in support.
Councilmember Luke said the budget amendment was scheduled to
be voted on next week and asked Council Members to let Staff know
if there were any additional concerns .
#5 . HOLD A DISCUSSION REGARDING BUDGET AMENDMENT NO. 2 FOR
FISCAL YEAR 2017-2018 (REDEVELOPMENT AGENCY (RDA) BUDGET AMENDMENT
NO. 3) . 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 a
proposal to use RDA for affordable housing projects. View
Attachments
Item pulled.
#6 . RECEIVE A FOLLOW-UP BRIEFING ABOUT AN ORDINANCE ADOPTING
THE TRANSIT MASTER PLAN. The plan evaluates the City's travel
patterns and transit needs and makes recommendations about transit
service, infrastructure, supportive investments and policies for
the next 20 years. The plan also includes recommendations,
implementation strategies, and potential funding sources. View
Attachments
Item pulled.
#7 . 6:33:38 PM INTERVIEW NICOLE SALAZAR-HALL PRIOR TO
CONSIDERATION OF HER APPOINTMENT TO THE HUMAN RIGHTS COMMISSION
FOR A TERM EXTENDING THROUGH NOVEMBER 28 , 2021 . View Attachments
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Councilmember Penfold said Ms . Salazar-Hall' s name was on the
Consent Agenda for formal consideration .
#8 . 6:41:20 PM INTERVIEW ELLEN REDDICK PRIOR TO CONSIDERATION
OF HER APPOINTMENT TO THE TRANSPORTATION ADVISORY BOARD FOR A TERM
EXTENDING THROUGH NOVEMBER 28 , 2020 . View Attachments
Councilmember Penfold said Ms . Reddick' s name was on the
Consent Agenda for formal consideration .
#9 . 6:47:33 PM INTERVIEW TERRY LAKE PRIOR TO CONSIDERATION OF
HER APPOINTMENT TO THE HOUSING TRUST FUND ADVISORY BOARD FOR A
TERM EXTENDING THROUGH NOVEMBER 28 , 2020 . View Attachments
Councilmember Penfold said Ms . Lake' s name was on the Consent
Agenda for formal consideration .
#10 . 6:47:33PM INTERVIEW RYAN PARKER PRIOR TO CONSIDERATION OF
HIS APPOINTMENT TO THE HOUSING TRUST FUND ADVISORY BOARD FOR A
TERM EXTENDING THROUGH NOVEMBER 28 , 2020 . View Attachments
Councilmember Penfold said Mr. Parker' s name was on the
Consent Agenda for formal consideration .
#11 . 6:49:49PM INTERVIEW BEVERLY LANGUE PRIOR TO CONSIDERATION
OF HER APPOINTMENT TO THE BOARD OF APPEALS AND EXAMINERS FOR A
TERM EXTENDING THROUGH NOVEMBER 28 , 2022 . View Attachments
Councilmember Penfold said Ms . Langue' s name was on the
Consent Agenda for formal consideration .
#12 . INTERVIEW DAVE ROBINSON PRIOR TO CONSIDERATION OF HIS
APPOINTMENT TO THE BOARD OF APPEALS AND EXAMINERS FOR A TERM
EXTENDING THROUGH NOVEMBER 28 , 2022 . View Attachments
Item pulled.
#13 . 6:49:56PM INTERVIEW DOUG THIMM PRIOR TO CONSIDERATION OF
HIS APPOINTMENT TO THE BOARD OF APPEALS AND EXAMINERS FOR A TERM
EXTENDING THROUGH NOVEMBER 28 , 2022 . View Attachments
Councilmember Penfold said Mr. Thimm' s name was on the Consent
Agenda for formal consideration .
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#14 . (TENTATIVE) RECEIVE AN UPDATE FROM THE ADMINISTRATION
REGARDING HOMELESS SERVICES .
Item not held.
#15 . (TENTATIVE) RECEIVE AN UPDATE REGARDING THE NORTHWEST
QUADRANT.
Item not held.
#16 . 6:53:46PM 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 .
#17 . REPORT OF THE CHAIR AND VICE CHAIR.
No discussion was held.
#18 . 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 : 56 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
November 28, 2017 .
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