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01/19/2016 - Work Session - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL LEGISLATIVE BREAKFAST MEETING TUESDAY, JANUARY 19, 2016 The Mayor and City Council met for a Legislative Breakfast Meeting on Tuesday, January 19, 2016, at 8 : 06 a.m. at the Gallivan Center, Second Floor, 239 South Main Street, Salt Lake City. In Attendance: Council Members James Rogers, Stan Penfold, Charlie Luke, Erin Mendenhall, Andrew Johnston, Derek Kitchen, and Lisa Adams . Also In Attendance: Jackie Biskupski, Mayor; David Litvack, Deputy Chief of Staff; Cindy Gust-Jenson, Council Executive Director; Jennifer Bruno, Council Deputy Director; Russell Weeks, Council Senior Policy Analyst; Jan Aramaki, Council Community Facilitator; Nick Tarbet, Council Senior Public Policy Analyst; Dan Weist, Council Communication Director; Allison Rowland, Council Policy Analyst; Lynn Pace, Mayor' s Senior Advisor of Intergovernmental Affairs; Gina Chamness, Finance Director; Nichol Bourdeaux, Finance Legislative Analyst; Jeff Bedard, Police Officer; and Cindi Mansell, City Recorder. Utah State Representatives: Rebecca Edwards, District 20; Sandra Hollins, District 23; Rebecca Chavez-Houck, District 24; Joel Briscoe, District 25; Angela Romero, District 26; Brian King, District 28; Jackie Rosen, Intern for Representative King; Mark Wheatley, District 35; Patrice Arent, District 36; and Lynn Hemingway, District 40 . Utah State Senators: Jim Debakis, District 2; Gene Davis, District 3, Jani Iwamoto, District 4; and Todd Weiler, District 23 . The meeting was called to order at 8 : 06 a.m. View Agendas WELCOME AND INTRODUCTION 8:06:36 AM Mayor Biskupski and Council Chair Rogers welcomed those present and thanked them for their commitment of time and service . Introductions of everyone present were made, including their area of representation. Contact Information 2016 SALT LAKE CITY STATE LEGISLATIVE PRIORITIES Mr. Litvack and Mr. Pace reviewed the 2016 Salt Lake City Legislative Issues and encouraged input from those present. View Handout 8:18:31 AM AIR QUALITY CHANGES Air quality is a critical issue, not just in Salt Lake City, but across the State. The City supports legislation that would improve our air quality; including, but not limited to the following areas: 16 - 1 MINUTES OF THE SALT LAKE CITY COUNCIL LEGISLATIVE BREAKFAST MEETING TUESDAY, JANUARY 19, 2016 a. Make Tier III gasoline available and incentivize its use. Tier III gasoline has lower levels of sulphur and therefore decreased emissions. Its use is mandated in other states and we should promote its use along the Wasatch Front. This technology exists today to significantly reduce tailpipe emissions. One of our local refineries already produces Tier III gasoline, but it is shipped to Washington State because its use is required there. The Salt Lake Council of Governments has already endorsed the shift to Tier III fuel . b. Require the adoption of current building codes. Utah's energy codes are out of date. National and international building codes have been upgraded and have been proven to achieve a 30% improvement in energy efficiency. Utah should adopt the most current building codes for energy efficiency so we can reduce energy use overall and improve our air quality. Many other jurisdictions across the country have done this already. Representative Briscoe requested information relative to the statement that Washington State required the use of Tier III gasoline. He said he was told by the Department of Environmental Quality (DEQ) that this could not be required because it was governed by Federal Law. Mr. Pace said he would verify the information. Senator Debakis addressed the building code issue. He said they were expiring and there was consideration of extension but also desire to ensure energy efficiency requirements were included. Representative Arent added there was legislation last year that would have delayed implementation and changed the schedule of how often the residential building code was updated. She said that bill was being run again but included a section on ultra-lo NOx water heaters (a major air quality issue) . 8:23:03 AM NORTHWEST QUADRANT ECONOMIC DEVELOPMENT The development of the new State prison in the northwest quadrant of Salt Lake City will extend roads and utilities into that previously undeveloped area. As a result, approximately 3500 acres of vacant land, immediately adjacent to an interstate freeway, with access to heavy rail transportation, and within 10 minutes of an international airport, will now become available for development. Salt Lake City welcomes the opportunity to partner with the State and other interested parties to work together to maximize the benefits of this opportunity. However, there are several aspects of this project that need to be carefully monitored. First, there was need to ensure that the State pays for all of the expenses associated with the development 16 - 2 MINUTES OF THE SALT LAKE CITY COUNCIL LEGISLATIVE BREAKFAST MEETING TUESDAY, JANUARY 19, 2016 of the new prison, so that City residents and taxpayers are not required to pay any of those costs. Second, it was necessary to make sure that the development of the prison, and the subsequent development of other areas within the northwest quadrant area, do not inadvertently create or aggravate a liability for the City because of the existing environmental problems at the old North Temple Landfill Third, there was the need to make sure that the future development of the northwest quadrant area occurs under the framework of the City's land use plans, and in a manner that will provide a property tax benefit to the City. Councilmember Rogers said the City was undertaking a master plan process for the Northwest Quadrant and wanted to ensure dual support of processes between the prison relocation and that plan. Mr. Pace further discussed the old North Temple Landfill and potential environmental concerns, cleanup costs, and economic opportunities . He said there was anticipation for follow-up legislation on the prison relative to expanded costs or construction authorization, and wanted to work closely with those involved to ensure this was done in a manner that worked best for all parties . Senator Iwamoto inquired as to the sales tax issue . Mr. Pace said there was interest in repealing the sales tax option. He said the sense was that the City did not know if they would ever use that but would not want to lose that tool . Councilmember Mendenhall said the entire prison conversation dovetailed with air quality priority and interests in environmental justice . She explained rankings in Rose Park that were consistently higher than any other monitor along the Wasatch Front and said they had a disproportionate burden of pollution in that community. She said the expansion of that area would be something to be aware of and the Department of Air Quality (DAQ) budget was tied directly to consideration of methods for community mitigation. Representative Hemingway inquired as to what drove the pollution burden in that area; Councilmember Mendenhall said she would get with the DAQ to provide illustration and information. 8:31:53 AM HOMELESS FACILITIES AND SERVICES The current model for providing shelter and services to the homeless in the Rio Grande neighborhood is not working well. We are grateful that State leaders have recognized that the challenge of providing shelter and services to the homeless is a matter of regional and State concern. Salt Lake City and Salt Lake County will be seeking 16 - 3 MINUTES OF THE SALT LAKE CITY COUNCIL LEGISLATIVE BREAKFAST MEETING TUESDAY, JANUARY 19, 2016 significant State funding to help restructure the manner in which we house and serve the homeless. We will be seeking one-time funding for the purpose of creating additional facilities that will be disbursed throughout the County and in other areas of the State, and some ongoing funding to improve the manner in which services are delivered. Mr. Pace explained there was ongoing dialogue regarding the funding request of $20, 000, 000 one-time funding for homeless facilities and $7, 000, 000 ongoing funding for services . Representative Hollins suggested a shift in consideration from homeless shelters to affordable housing. Mr. Litvack agreed that housing was a critical component of intent for accomplishment during this legislative session as well as ongoing work with Salt Lake City and Salt Lake County. He discussed potential legislation to rewrite Redevelopment Agency (RDA) components to consider the concept of a metro-housing district. He said this would consider the 200 of RDA tax increment being set aside for affordable housing and allow a jurisdiction to send 15% of that increment towards the metro-housing district to consider affordable housing within those communities . He said this could potentially be a way to pool funding and would be a big task this legislative session as to how to move housing forward in regards to a sustainable solution to homelessness . Councilmember Adams said Federal funding for Medicaid was critical to this solution. Concern was expressed on the homeless relocation bill potentially being a similar process to the prison relocation. Mr. Litvack said part of the larger conversation would be that families should be able to get services where they reside. Senator Iwamoto said many were conflicted about moving forward with Medicaid expansion realizing it would only be helping a certain number of people. She inquired as to the position of other groups (such as the Downtown Alliance) and said knowing the position of all groups would be helpful . 8:41:54 AM STATE FAIRPARK The City is anxious to keep the Utah State Fair at its historic location at the State Fairpark in Salt Lake City. We have been working with the members of the State Legislative Fairpark Subcommittee and have obtained their unanimous approval to keep the Fair at its historic location. However, we also recognize that the State Fairpark has been underutilized and underfunded for years. We are working with the co-chairs of the subcommittee on a bill that will authorize the Governor to sign the lease for the Fairpark, to provide 16 - 4 MINUTES OF THE SALT LAKE CITY COUNCIL LEGISLATIVE BREAKFAST MEETING TUESDAY, JANUARY 19, 2016 additional funding for the development and maintenance of new and existing buildings at the Fairpark, and to make any changes necessary in restructuring the Fairpark Board. Representative Hollins discussed the importance of a community representative having a position on the Fairpark Board. She said governance and considering community interests would be critical and she would push for that structure. Mr. Pace explained one board ran the State Fair as an event and another overlapping board would consider the property globally; including maintenance, facilities, marking, etc. He said the State Fair was important to Salt Lake City and the community and there was desire to have it remain in its historic location. 8:45:00AM CHANGES TO THE CALCULATION OF NEW GROWTH IN PROPERTY TAX The amount of property tax that the City receives each year is determined in part based upon the amount of "new growth" that occurred in the City during the previous year. However, the formula for determining the amount of new growth makes it difficult to know how much additional property tax will actually be received. As such, it is difficult for the City to budget accurately or to engage effectively in economic development utilizing this new growth property tax. The City is supporting two bills that will attempt to address and remedy this problem. One bill (Representative McCay) will address the issue in a regular budget context, and the other (Senator Harper) would address the issue in the context of a redevelopment (RDA) area. Representative Briscoe said if the recalculation did occur, Salt Lake City would get slightly less than they had previously. Mr. Pace said the potential for recalculation had been the position of the City Council and previous Administration; however, the new Mayor and Administration had not been approached with this concept and it would require additional discussion. 8:49:37 AM ALCOHOL REVISIONS The City would like to see a change in Utah's alcohol laws to allow for greater flexibility in connection with the events that would be hosted at the new Eccles Performing Arts Center in downtown Salt Lake City. We are hopeful that a change can be made to allow for the issuance of a performing arts alcohol license, as part of a larger bill addressing multiple other changes to Utah's alcohol laws. 8:50:17AM HISTORIC DISTRICTS Notwithstanding the fact that Salt Lake City's current ordinance was fashioned as requested by the State Legislative leadership, some 16 - 5 MINUTES OF THE SALT LAKE CITY COUNCIL LEGISLATIVE BREAKFAST MEETING TUESDAY, JANUARY 19, 2016 legislators are again threatening to make drastic changes to State Law in a manner that would functionally prohibit the creation of any new historic districts. While we recognize that our current ordinance can be improved, and we are currently pursuing those changes, we cannot endorse legislation that would make it impossible for the City and interested citizens to protect the historic buildings and character of their neighborhoods. 8:51:58AM OTHER CURRENT LEGISLATIVE ISSUES/MATTERS OF CONCERN Mr. Pace invited everyone present to discuss individual priority issues as well as issues that may affect Salt Lake City. Representative Edwards said she had a bill working with people in the homeless community for affordable housing and Transit Oriented Development (TOD) and would forward a copy to the City for their thoughts . She said there were several versions in case compromise was required to require a percentage of TOD to go towards affordable housing. She said they had been working with both Utah Transit Authority (UTA) and the development community and she would continue working with Mr. Pace in this regard. Representative Romero expressed desire for continual open lines of communication between all parties . Senator Debakis addressed the alcohol item and said a large change would be removal of the "Zion Curtain" . He said although different than the performance arts or theater issue, it was important for recognition that this was a community issue and he hoped the necessary changes could be made during the upcoming session. Representative Briscoe said he wanted to retain an open dialogue regarding water. He said 60-70% of Utah lakes were being contaminated with nitrates due to environmental factors, pumping out groundwater and not putting it back in, and resulting serious issues relative to water conservation. He further discussed the need for quality preschool legislation. Representative Arent addressed air quality and the need for funding for monitoring compliance/analysis to successfully undertake research to determine the best ways to solve the problems . She explained there was not a decent building to assess the monitors and there needed to be a funding request to provide : building location, equipment, and staffing. She further highlighted the benefits of open communication and benefits of working together. 16 - 6 MINUTES OF THE SALT LAKE CITY COUNCIL LEGISLATIVE BREAKFAST MEETING TUESDAY, JANUARY 19, 2016 Representative Hemmingway addressed the importance of air quality and driving issues on the west side . Senator Davis discussed the need for full Medicaid expansion and said he would be working on a bill to advance this concept. He discussed the Olene Walker Trust Fund and process that upon sale of a building, the funding has historically been returned to the fund. He said there were developers who wanted the ability to take proceeds from that loan and reinvest in a new project. Senator Iwamoto addressed homelessness and suggested convening a small information group to determine what individual players would be proposing. She said she would be running a bill relative to data capture for service providers along with how to implement services to support different sites . She discussed continued expansion of Medicaid. She said there would be legislation relative to expanding the statute of limitation for air quality violators as well as increasing penalties and fines to align with current inflation rates to those that violated the Environmental Protection Agency (EPA) standards . She further discussed the need to figure out legislative positions and different ancillary entities working with the City (such as the Downtown Alliance or School District) to provide more of a same page group coalition and a larger presence relative to legislative items . Representative Wheatley discussed the concept of preconception care for incarcerated women. He said another bill would request a statue at the State Capitol of Escalante and Dominguez, who were instrumental in coming up with new routes to California. He said there was a great deal of support (and private funding) , and felt statues could be in place by this time next year. Councilmember Rogers reiterated the commitment to open lines of communication. He said the City Council would be conducting its Annual Retreat/Workshop today to establish annual priorities . He said once determined, Staff would forward this information to all Legislators to promote all being on the same page moving forward. Discussion followed regarding various upcoming town or Community Council meetings and the benefit of Mr. Pace or Mr. Litvack to be present. Mr. Pace addressed the Medicaid expansion and said although not directly a City issue, Salt Lake City had to deal with the spillover. Senator Debakis remarked Medicaid had become a political issue. 16 - 7 MINUTES OF THE SALT LAKE CITY COUNCIL LEGISLATIVE BREAKFAST MEETING TUESDAY, JANUARY 19, 2016 Mayor Biskupski thanked everyone for attending. The meeting adjourned at 9 : 10 a.m. COUNCIL CHAIR CITY RECORDER This document is not intended to serve as a full transcript as additional discussion may have been held; please refer to the audio for the entire content . This document along with the digital recording constitutes the official minutes of the Mayor and City Council Legislative Breakfast Meeting held January 19, 2016 . clm 16 - 8