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09/21/2021 - Work Session - MinutesThe City Council of Salt Lake City,Utah,met in Work Session on Tuesday,September 21,2021 in an Electronic Meeting,pursuant to the Chair’s determination. The following Council Members were present: Darin Mano,Dennis Faris,James Rogers,Ana Valdemoros,Chris Wharton,Daniel Dugan The following Council Members were absent: Amy Fowler Present Legislative leadership: Cindy Gust-Jenson,Executive Director;Jennifer Bruno,Deputy Director;Lehua Weaver,Associate Deputy Director Present Administrative leadership: Mayor Erin Mendenhall;Rachel Otto,Chief of Staff;Lisa Shaffer,Chief Administrative Officer Present City Staff: Katherine Lewis –City Attorney,Ben Luedtke –Senior Public Policy Analyst,Brian Fullmer –Constituent Liaison,Policy Analyst,Nick Tarbet –Senior Public Policy Analyst,Cindy Lou Trishman –City Recorder,Russell Weeks –Senior Advisor,Sam Owen –Public Policy Analyst, Andrew Johnston –Director of Homelessness Policy and Outreach,Tracey Fletcher –Assistant to the City Council Executive Director,DeeDee Robinson –Minutes and Records Clerk,Blake Thomas –Community &Neighborhoods Director,Chief Mike Brown –Police Chief,Nick Norris –Planning Division Director,Taylor Hill –City Council Staff,Eric Daems –Senior Planner,Kaletta Lynch –Chief Equity Officer,Allison Rowland –Council Public Policy Analyst,Wayne Mills –Planning Manager,Hannah Vickery –Senior City Attorney,Paul Nielson –Senior City Attorney,Lindsey Nikola –Mayor's Communications Director,Boyd Ferguson –Senior City Attorney,Justin Anderson –Assistant City Attorney,Hassan Abdi –City Council Staff,Michelle Hoon –Homeless Services Project Manager Full Meeting Audio Meeting Packet Material Councilmember Rogers presided at and conducted the meeting. The meeting was called to order at 2:00 pm. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,September 21,2021 1 Work Session Items MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,September 21,2021 2 1.Informational:Updates from the Administration ~2:00 p.m. 30 min. The Council will receive an update from the Administration on major items or projects, including but not limited to: •COVID-19,the March 2020 Earthquake,and the September 2020 Windstorm; •Updates on relieving the condition of people experiencing homelessness; •Police Department work,projects,and staffing,etc.;and •Other projects or updates. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Recurring Briefing Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -n/a Minutes: Mayor Mendenhall presented information regarding: COVID-19 Updates •Current metrics:remaining in high transmission level,statewide cases:1,326,7-day average:1,464 per day,ICU utilization:92%capacity •County-wide vaccination demographics •Statewide child metrics;294 school-aged child cases (22%of total state cases),121 children ages 5-10 tested posted since Monday •Free COVID-19 vaccination clinic available tomorrow (September 22,2021)at Rose Park Elementary School;donated shoes and coats would be available for children while supplies lasted Andrew Johnston presented information regarding: Homelessness Updates •Shelter capacity/bed availability •Resource Fair at Madsen Park on Sept 23,2021,Kayak Court –TBD location on Sept 27, 2021,and High Utilizer Court Day on Sept 24,2021 •Highlights of outcome measures for Resource Centers (https://jobs.utah.gov/homelessness/homelessnessreport.pdf):just under 7,000 people experiencing homelessness in Resource Centers in 2020 (Salt Lake County)including those who returned multiple times,within two years time it was found that 40%returned to the Resource Centers after leaving into permanent housing,average of 77 days spent in shelters in 2021 as opposed to 60 days in 2020,and availability of housing being a major issue Chief Mike Brown presented information regarding: Park Safety in Salt Lake City MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,September 21,2021 3 •Approximately 100 parks in varying sizes within City limits •Parks accounted for approximately 735 acres of land •Salt Lake City Police Department (SLCPD)Park Bike Squad formed in 2019 •Park Bike Squad committed to proactive,community-based policing •City parks faced a wide range of issues including drug use,illegal camping,and rare occurences of violent behavior •Parks patrolled as of August 2021:Popperton,Fairmont,Liberty,Sugarhouse,Wasatch Hollow Natural Area,Pioneer,Warm Springs,Lindsey Gardens,11th Avenue,Sunnyside Park,and SLC Cemetery •Bike Park Squad often assisting Patrol with extensive backlog for calls for service,unable to give required attention to parks •Calls for service currently up 29%(based on five-year average of Week 37:September 13 to 19) •Park Bike Squad Case Examples:Liberty Park shooting on September 12,2021,Ongoing Street Crimes Investigation (narcotics operation by Pioneer,Central,and Park Bike Squads along with Special Investigations Squad –illegal drugs and cash seized) •Focus Area Patrols details (Tauffer and Pioneer Parks) •Staffing Update:currently at 51 vacancies and 518 total employees •Recruitment Class 153,154,155,and 156 details,Lateral Academy Starting October 11,2021, additional Lateral Academy starting late 2021/early 2022 Councilmember Mano said he wanted to see more patrols extended to other parks in District 5 (in addition to the focus areas of Tauffer and Pioneer Parks). Councilmember Rogers thanked Chief Brown for his efforts to re-staff the department. Councilmember Mano inquired about how Council Members could support/contribute to ensure park safety.Chief Brown said the community was the best defense (reporting through the mobile app and online)and to continue voicing problems/concerns. Mayor Mendenhall praised the Bike Patrol program and suggested additional discussions with Public Lands in conjunction with the Police Department to discuss opportunities to increase lateral Police officers (fastest way to get more trained officers on the street),and ways to grow/amplify the great work of Bike Patrol and Park Ranger programs and possible new iterations complimentary to these existing programs. Councilmember Valdemoros raised the suggestion for possible outsourcing for public safety while additional employees were in the training process,possibly through a partnership with Unified Police or Highway Patrol to assist until the Police Department was fully staffed,and expressed support for funding such needs. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,September 21,2021 4 2.Informational:Updates on Racial Equity and Policing ~2:30 p.m. 15 min. The Council will hold a discussion about recent efforts on various projects City staff are working on related to racial equity and policing in the City.The conversation may include issues of community concern about race,equity,and justice in relation to law enforcement policies, procedures,budget,and ordinances.Discussion may include: •An update or report on the Commission on Racial Equity in Policing;and •Other project updates or discussion. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Recurring Briefing Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -n/a Minutes: Allison Rowland provided the following information: •Council Members having the opportunity to confirm REP Commission members (Phase II) during the Formal Meeting this evening (offering the commission the opportunity to meet again and continue their work) Kaletta Lynch provided the following information: •Update on hiring a new ADA Coordinator (the position would be posted within the next two weeks) •REP Update:returning commission member details,following the Advice &Consent decision this evening –REP Phase II would next meet on September 29,2021, SLCPD report was forthcoming on responses to Phase I and would be provided to the Mayor,Council Members,and REP Commission •Introduction of Annette Keen and the equity plan (disparity study with internal/external stakeholders through virtual workshops and focus groups) Annette Keen (Principal,Keen Independent Research)provided the following information: •Update on details of the Equity,Inclusion,and Belonging Plan –identifying gaps, interviewing City departments,developing consistency between departments,etc. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,September 21,2021 5 3.Ordinance:Street Vacation near 538 East 14th Avenue ~2:45 p.m. 20 min. The Council will be briefed about a proposal to partially vacate a portion of 14th Avenue adjacent to a property located at 538 East 14th Avenue.The purpose of the partial vacation is to reconcile the location of fencing and landscaping within the park strip.The partial vacation will not impact vehicular traffic or pedestrian access to the street or sidewalk. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,September 21,2021 Set Public Hearing Date -Tuesday,September 21,2021 Hold hearing to accept public comment -Tuesday,October 19,2021 at 7 p.m. TENTATIVE Council Action -Tuesday,November 9,2021 Minutes: Brian Fullmer provided an introduction to the proposal and noted the Planning Commission forwarded a positive recommendation for the proposal. Wayne Mills provided information regarding:details of the Planning Commission’s decision, history of the proposal,details of existing property elements,and clarification this was a private resident application (not a City pursued issue). Councilmember Mano expressed concern with vacating this one area of the property and not continuing to vacate all the way north to the property line and further suggested doing it for the whole block face.He said the City should keep the six-foot area for a potential future sidewalk and questioned why the applicant was only requesting the one section of the property.Mr.Mills said the applicant would be responsible for paying for the area to be vacated and were only interested in purchasing the piece they were currently using (if the area to be included increased,so would the applicant’s costs).Mr.Fullmer added that no other property owners along the same block face had requested to purchase the City owned property. Councilmember Wharton mentioned that other properties south of the subject property on the same block contained obstacles (established trees,etc.)that would prevent the installation of a sidewalk by the City and did not feel the City would be lacking by selling this piece of land. Justin and Jodi Miller (applicants)provided information regarding:fence was existing when home was purchased,nearby properties experiencing the same issues,and details regarding applying for the permit to replace the fence and subsequent lease of the land. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,September 21,2021 6 4.Ordinance:Zoning Text Amendments for Off-street Parking Follow-up ~3:05 p.m. 40 min. The Council will receive a follow-up briefing about a proposal that would amend various sections of the Salt Lake City Code pertaining to off-street parking regulations.The proposal would: •Update parking requirements to better reflect demand; •Simplify parking regulations; •Address technical issues in enforcement;and •Establish a responsive ordinance to the City’s changing development patterns. Other sections of Title 21A –Zoning may also be amended as part of this petition. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,February 16,2021;Tuesday,April 13,2021;and Tuesday,September 21, 2021 Set Public Hearing Date -Tuesday,February 16,2021 Hold hearing to accept public comment -Tuesday,March 16,2021 at 7 p.m. TENTATIVE Council Action -TBD Minutes: Russell Weeks provided an introduction to the proposal,background/history of the proposal, and noted an ordinance would be forthcoming for the Council’s approval. Eric Daems and Nick Norris provided information regarding:background of the request (update regulations including:minimum/maximum parking requirements,permitted alternatives,parking lot design and dimensional standards),purpose (included goals to remove barriers to affordable housing,reducing auto dependency,protecting the environment, modernizing the ordinance,etc.),key updates included:creation of parking “contexts”(Transit, Urban Center,Neighborhood Center,and General),revisions to minimum and maximum parking,increased bike parking,etc.,and summary of outstanding issues, subsequent potential solutions,and Staff recommendations regarding:Storage &Warehouse parking minimums,Congregate Care Facilities,Special Exception language,issue of parking for lots under 10,000 square-feet,insufficient parking in the Central 9th area,parking adjustments capped at 40%(for senior and affordable housing),Ballpark area zoning,bicycle parking, loading berths,parking maximums for restaurants uses,ADA parking,effective date of proposed changes,multi-family parking maximums,and social club definition (removed as a use). MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,September 21,2021 7 5.Ordinance:Text Amendment Eliminating the Special Exception Process from the Zoning Ordinance Follow-up ~3:45 p.m. 20 min. The Council will receive a follow-up briefing about a proposal that would delete and eliminate the special exception process from the zoning ordinance.A special exception is a minor alteration of a dimensional requirement of the zoning ordinance or addresses accessory uses and structures.The purpose of this proposal is to amend the zoning ordinance related to special exceptions to accomplish the following: •Simplify the zoning ordinance by updating regulations and eliminating special exceptions; •Reallocate staff resources away from processing land use applications that favor individual properties and towards updating zoning codes to align with adopted master plans; •Increase predictability and reduce neighbor conflicts that are created by requests for exceptions to the zoning regulations; There are more than forty special exceptions authorized in the zoning ordinance.The proposal addresses each special exception and results in each special exception being deleted,permitted,or authorized through a different process in the zoning ordinance.Some special exceptions that will become permitted include changes to standards to add flexibility and reduce impacts.Special exceptions are approved by staff of the Planning Division,the Planning Commission,or Historic Landmark Commission.Related provisions of Title 21A-Zoning and Title 14 may be amended as part of this petition. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,July 20,2021 and Tuesday,September 21,2021 Set Public Hearing Date -Tuesday,July 20,2021 Hold hearing to accept public comment -Tuesday,August 17,2021 at 6 p.m. TENTATIVE Council Action -TBD Minutes: Nick Tarbet provided an introduction and history of the proposal and reiterated items for the Council to consider regarding the proposed changes (regulation for hours of music for outdoor dining,proposed changes to daycare language,and Verizon wireless edits). Nick Norris provided information regarding:current/proposed regulations (including special exceptions)and options for outdoor dining,telecommunication/cell infrastructure (being inclusive as a utility),and newly discovered issues including daycare language suggested changes. Councilmember Mano raised the issue of concerned residents next to establishments with outdoor dining and felt the proposed changes would not mitigate/reduce their concerns,but MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,September 21,2021 8 said the benefits of outdoor dining existed for local businesses and the neighborhood as a whole,but might come at the expense of negative impacts to one specific resident.He questioned if the Council should weigh the benefits to the broader neighborhood and the business above the impacts to the immediately adjacent resident,or do they protect the resident at the expense of the local businesses/broader neighborhood context. Further discussion was held regarding impact to existing outdoor dining establishments (unable to apply zoning regulations retroactively),ways to mitigate impacts through the conditional use process (i.e.additional fence height for added privacy,landscaping buffers,etc.),and the Council’s ability to determine allowable time frame (operational hours)for music for outdoor dining areas (currently proposed for the hours of 9:00 am to 9:00 pm). Councilmember Rogers echoed Councilmember Mano’s concerns regarding impacts to residents next to outdoor dining establishments and inquired if there ways to negate the impacts.Mr.Norris explained that if someone could demonstrate reasonable impact,the Planning Commission had authority to consider ways to mitigate the impacts or deny the conditional use. Council Members Dugan and Faris both expressed opposition to restricting hours of music for outdoor dining in the downtown area to 9:00 pm,and stressed the importance of the downtown area’s night life as a key to ensuring a vibrant economy for the City. Councilmember Rogers requested the Administration come back with suggestions on timing (operational hours for music)for the downtown area for the Council to consider,and reiterated the desire to keep a 9:00 pm time limit for music in residential zones. 6.Board Appointment:Police Civilian Review Board (PCRB)–Chuck Krivanek ~4:05 p.m. 5 min. The Council will interview Chuck Krivanek prior to considering appointment to the PCRB for a term ending September 2,2024. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,September 21,2021 Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -Tuesday,September 21,2021 Minutes: Interview was held.Councilmember Rogers said Chuck Krivanek’s name was on the Consent Agenda for formal consideration. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,September 21,2021 9 7.Board Appointment:City and County Building Conservancy and Use Committee –Kathy Davis ~4:10 p.m. 5 min. The Council will interview Kathy Davis prior to considering appointment to the City and County Building Conservancy and Use Committee for a term ending July 21,2025. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,September 21,2021 Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -Tuesday,September 21,2021 Minutes: Interview was held.Councilmember Rogers said Kathy Davis’name was on the Consent Agenda for formal consideration. 8.Informational:Salt Lake County Health Department Update (COVID)TENTATIVE The Council may hold a discussion with Dr.Angela Dunn the Executive Director of the Salt Lake County Health Department (SLCoHD)regarding public health and other public safety issues stemming from the ongoing COVID-19 outbreak. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,September 21,2021 Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -n/a Minutes: Item not held. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,September 21,2021 10 9.Resolution:Sales and Excise Tax Revenue Bonds,Community Capital Improvement Projects (Series 2021A and 2021B)Follow-up TENTATIVE The Council will receive a follow-up briefing about a resolution authorizing the issuance and sale of up to $58 million for a tax exempt bond and a taxable bond that would fund several community capital improvement projects;giving authority to certain officers to approve the final terms and provisions of the sale within parameters set forth in the resolution;and providing for related matters. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,September 14,2021 and Tuesday,September 21,2021 Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -TBD Minutes: Item not held. Standing Items 10.Report of the Chair and Vice Chair Report of Chair and Vice Chair. Minutes: Councilmember Rogers offered condolences to fellow Councilmember Fowler for a recent death in the family. 11.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 scheduling items. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,September 21,2021 11 Minutes: Item not held. 12.Closed Session The Council will consider a motion to enter into Closed Session.A closed meeting described under Section 52-4-205 may be held for specific purposes including,but not limited to: a.discussion of the character,professional competence,or physical or mental health of an individual; b.strategy sessions to discuss collective bargaining; c.strategy sessions to discuss pending or reasonably imminent litigation; d.strategy sessions to discuss the purchase,exchange,or lease of real property,including any form of a water right or water shares,if public discussion of the transaction would: (i)disclose the appraisal or estimated value of the property under consideration;or (ii)prevent the public body from completing the transaction on the best possible terms; e.strategy sessions to discuss the sale of real property,including any form of a water right or water shares,if: (i)public discussion of the transaction would: (A)disclose the appraisal or estimated value of the property under MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,September 21,2021 12 consideration;or (B)prevent the public body from completing the transaction on the best possible terms; (ii)the public body previously gave public notice that the property would be offered for sale;and (iii)the terms of the sale are publicly disclosed before the public body approves the sale; f.discussion regarding deployment of security personnel,devices,or systems;and g.investigative proceedings regarding allegations of criminal misconduct. A closed meeting may also be held for attorney-client matters that are privileged pursuant to Utah Code §78B-1-137,and for other lawful purposes that satisfy the pertinent requirements of the Utah Open and Public Meetings Act. Minutes: Closed Session Start Time:4:37 pm Council Members in Attendance:James Rogers,Ana Valdemoros,Chris Wharton,Dan Dugan, Darin Mano,and Dennis Faris Council Member Amy Fowler was absent Mayor Mendenhall in Attendance City Staff in Attendance:Cindy Gust-Jenson,Jennifer Bruno,Lehua Weaver,Rachel Otto,Lisa Shaffer,Katherine Lewis,Hannah Vickery,Paul Nielson,Boyd Ferguson,Justin Anderson, Allison Rowland,Ben Luedtke,Andrew Johnston,Blake Thomas,Cindy Lou Trishman, Hassan Abdi,Lindsey Nikola,Michelle Hoon,Mike Brown,Nick Norris,Nick Tarbet,Russell Weeks,Sam Owen,Tracey Fletcher and Taylor Hill Councilmember Wharton made a motion,Councilmember Mano seconded the motion to exit the Closed Session.A roll call vote was held –Council Members Rogers,Mano,Wharton, Valdemoros,and Dugan voted Aye;Council Member Faris had left the closed meeting prior to the vote to exit. Closed Session End Time:6:38 pm Sworn Statement Motion: Moved by Councilmember Valdemoros,seconded by Councilmember Dugan to enter into Closed Session for purposes of §52-4-205(1)(f)discussion regarding deployment of security personnel,devices,or systems;and for Attorney-Client matters that are privileged pursuant to Utah Code §78B-1-137,and for other lawful purposes that satisfy the pertinent requirements of the Utah Open and Public Meetings Act. AYE:Darin Mano,Dennis Faris,James Rogers,Ana Valdemoros,Chris Wharton,Daniel Dugan MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,September 21,2021 13 ABSENT:Amy Fowler Final Result:6 –0 Pass MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,September 21,2021 14 Meeting adjourned at 6:39 pm. Minutes Approved:January 18,2022. _______________________________ City 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 Tuesday,September 21,2021. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,September 21,2021 15 Dan Dugan (Apr 11, 2022 08:07 MDT) Dan Dugan Cindy Trishman (Apr 15, 2022 16:49 MDT) September 21, 2021 WS Minutes - Approved January 18, 2022 Final Audit Report 2022-04-15 Created:2022-04-08 By:DeeDee Robinson (deedee.robinson@slcgov.com) Status:Signed Transaction ID:CBJCHBCAABAAs8eLBVkM43ThP4kYsR_x1H3g2D261fQL "September 21, 2021 WS Minutes - Approved January 18, 2022" History Document created by DeeDee Robinson (deedee.robinson@slcgov.com) 2022-04-08 - 8:47:18 PM GMT Document emailed to Dan Dugan (daniel.dugan@slcgov.com) for signature 2022-04-08 - 8:48:39 PM GMT Email viewed by Dan Dugan (daniel.dugan@slcgov.com) 2022-04-11 - 2:06:38 PM GMT Document e-signed by Dan Dugan (daniel.dugan@slcgov.com) Signature Date: 2022-04-11 - 2:07:20 PM GMT - Time Source: server Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature 2022-04-11 - 2:07:22 PM GMT Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com) Signature Date: 2022-04-15 - 10:49:37 PM GMT - Time Source: server Agreement completed. 2022-04-15 - 10:49:37 PM GMT