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07/31/2018 - Work Session - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, JULY 31 , 2018 The City Council met in Work Session on Tuesday, July 31, 2018, in Room 326, Committee Room, City County Building, 451 South State Street. In Attendance: Council Members Andrew Johnston, Chris Wharton, Derek Kitchen, Erin Mendenhall, Charlie Luke, and Amy Fowler. Absent: Councilmember Rogers Staff in Attendance: Cindy Gust-Jenson, Council Executive Director; Jennifer Bruno, Council Executive Deputy Director; David Litvack, Mayor' s Deputy Chief of Staff; Nick Tarbet, Council Senior Policy Analyst; Allison Rowland, Council Public Policy Analyst; Margaret Plane, City Attorney; Russell Weeks, Council Senior Advisor; Kira Luke, Council Policy Analyst; Lehua Weaver, Council Associate Deputy Director; Elizabeth Buehler, Community and Neighborhoods Civic Engagement Manager; Ben Kolendar, Economic Development Deputy Director; Wayne Mills, Planning Manager; Doug Dansie, Senior Planner; Anna Anglin, Principal Planner; Nick Norris, Planning Director; Amy Thompson, Principal Planner; Benjamin Luedtke, Council Public Policy Analyst; Daniel Rip, Real Property Manager; Kimberly Chytraus, Senior City Attorney; Scott Weiler, Community and Neighborhoods Engineer; Jan Aramaki, Council Policy Analyst; Kristin Riker, Public Lands Deputy Director; Lara Fritts, Economic Development Director; and Kory Solorio, Assistant City Recorder. Guests in Attendance: Ryan Bjerke, Chapman and Cutler LLP Partner; Jason Mathis, Downtown Alliance Executive Director; John Christopher Jones, Petitioner; Johnathan Springmeyer, Bonneville Research Consultant, Becky Stromness, Utah Department of Transportation (UDOT) Project Manager; and Kevin Kilpatrick, HDR Engineering Project Manager (UDOT consultant) . Councilmember Mendenhall presided at and conducted the meeting. The meeting was called to order at 2 : 07 p .m. AGENDA ITEMS #1 . 2:07:36PM BRIEFING REGARDING A POSSIBLE GENERAL OBLIGATION BOND (GO BOND) FOR STREET RECONSTRUCTION. As part of the "Funding Our Future" initiative, the City is considering issuing a GO bond of up to $87 million dollars to pay for street reconstruction. 18 - 1 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, JULY 31 , 2018 (This would be in addition to the recently-adopted sales tax increase, a portion of which will pay for increased street maintenance. ) Through upcoming engagement, public hearings and briefings, the Council will consider whether to add the Streets Bond to the November ballot. The Council's discussion may include an update on public engagement, a review of ballot language for the bond proposition, and possible next steps. View Attachments Benjamin Luedtke, Kira Luke, Elizabeth Buehler, and Ryan Bjerke briefed the Council with attachments . Ms . Buehler provided an overview of the community engage process on the potential streets bond. She stated the on-line survey was open through August 3, 2018 . She said so far there were about 900 responses with a third saying overall City streets were a bit bumpy, another third said streets were rough riding, and a fifth said streets were ok. Discussion was held regarding the expected number of responses from the on-line survey. Ms . Luke provided an overview of the draft ballot language saying it was a concerted effort of Council Staff, Administrative Staff, and Bond Counsel . She said they worked to find the best compromise between legal requirements and transparency to make it easily understandable . Discussion followed regarding State required language/clarification added to the ballot, potential of adding precise language specifying what the GO Bond funding would be spent on, concern with future Council' s re-appropriating funding, and potential litigation problems by adding `solely' to the language . Straw Poll: (Passed) Add the term `solely' and 'per State law' or similar language/phrase to the ballot language (to be determined by the attorneys) which best meets the Council' s intent. All Council Members present were in favor. Ms . Luke said the Staff report included a brief outline of next steps and key deadlines (for reference) . She said there might be an opportunity to name the bond on the ballot saying the City working group had proposed the title "Streets Re-construction Bond" and asked if the Council had any problems/concerns with the title . There were no objections from the Council . Council Members requested the following items from Staff: • Provide language for Council Members to send out (to newsletter followers) an urgent request to participate in the on-line survey. • Provide information if there was a market change in responses 18 - 2 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, JULY 31 , 2018 (opinions) after Council Member' s sent out email blasts from their district accounts . #2 . 2:28:24PM BRIEFING REGARDING A RESOLUTION THAT WOULD RATIFY A LIST OF INDIVIDUALS TO SERVE AS TEMPORARY JUSTICE COURT JUDGES FOR THE SALT LAKE CITY JUSTICE COURT AS DOCUMENTED IN UTAH CODE SECTION 78A-7-208 . These individuals are currently serving as Justice Court Judges in other jurisdictions, and are willing to act as substitute judges when Salt Lake City Justice Court Judges need to be absent from their duties. View Attachments Lehua Weaver briefed the Council with attachments saying this was a standard process which happened with justice courts . She said it was to identify judges from other justice court jurisdictions who were available to fill-in in Salt Lake City' s Justice Court (when needed) . Discussion followed regarding how the list of temporary judges was comprised, how it was determined which judge would fill-in, how a judge would get on the list to serve as a temporary judge, if all the judges were attorneys, and how often the list was comprised. #3. 2:31:57 PM BRIEFING REGARDING A RESOLUTION THAT WOULD DESIGNATE THE CENTRAL BUSINESS IMPROVEMENT AREA STARTING IN APRIL 2019 . The designation would continue a funding mechanism for downtown promotions, marketing and advocacy, and would re- establish a special assessment on property in the boundary area for a three-year period. Residential, ecclesiastical, government properties, and properties valued at less than $20, 000 would be exempt from the assessments. The area is made up of about 50 City blocks and is currently managed by The Downtown Alliance under a contract with Salt Lake City. View Attachments Russell Weeks, Ben Kolendar, Jonathan Springmeyer, and Jason Mathis briefed The Council with attachments . Mr. Weeks said this was a periodic creation of a (downtown) Special Assessment Area where property owners might agree to tax themselves to promote economic activities downtown. He explained this was one of a series of steps to renew any Special Assessment Area. He said the next step for the Council was to consider adopting a proposed resolution at the August 14, 2018 meeting which would trigger the next steps going forward. Mr. Kolendar stated this was a patterned reoccurrence which happened every three years and it was the first time the Department of Economic Development was leading the effort . He said this was 18 - 3 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, JULY 31 , 2018 a valuable tool for the community. He said what was happening with this district was creating an area that had services above and beyond what the City currently provided which was led by the community. He said currently the contract was with the Downtown Alliance . Mr. Mathis stated the Downtown Alliance had been fortunate enough (for the last 27 years) to be the contractor. He said the question was whether the Council thought the Special Assessment Area for economic development was good for downtown and for Salt Lake City. He said it was an unusual circumstance where property owners were saying they wanted to be taxed. He said generally what happened was a Request-for-Proposal (RFP) /Request- for-Qualifications (RFQ) was utilized to find someone to manage the district. Discussion followed regarding extending the current Downtown Alliance contract for three additional years, concern with the Executive Director leaving the Downtown Alliance, and potential of Alliance programs being reduced in size/scope due to funding the Downtown Ambassadors Program at the proposed level . Mr. Weeks said the next step was for the Council to formalize the resolution at the August 14, 2018 meeting. He said if the Council adopted the resolution it would trigger a public hearing in September. He said the public hearing was important; however, what counted were the written protests . #4 . 2:47:45PM BRIEFING REGARDING AN ORDINANCE THAT WOULD AMEND THE ZONING MAP FOR A PARCEL LOCATED Al 65 SOUTH 900 EAST. The parcel is currently zoned R-2 Single Family and Two Family Residential District and would be amended to RMF-30 Low Density Multi-Family Residential District residential to match the adjacent zoning at 63 South 900 East. View Attachments Doug Dansie, Nick Tarbet, Wayne Mills, and John Christopher Jones briefed the Council with attachments . Mr. Dansie provided an overview of the proposed rezone. Discussion followed regarding potential to rezone the non-conforming service station lot (on the corner) , surrounding zoning, mid-block uses, and Council process to support a rezone. Councilmember Mendenhall said a public hearing was scheduled for August 21, 2018 with tentative action on September 4, 2018 . #5 . 2:59:42PM BRIEFING REGARDING AN ORDINANCE AMENDING THE CITY' S DESIGN STANDARDS (AMENDING SECTION 21A. 37 . 020 OF THE SALT 18 - 4 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, JULY 31 , 2018 LAKE CITY CODE) . Design standards are intended to use principles of planning and architecture to shape and promote a walkable environment, foster place making, protect property values, help maintain the established character of the City and implement the City's master plans. The proposed amendment would add language clarifying that design standards apply to new construction and additions as well as to existing structures when physical modifications to design elements are proposed. View Attachments Wayne Mills and Nick Tarbet briefed the Council with attachments . Mr. Mills provided an overview of the proposed text amendment saying this was a tune-up of the City' s Design Standards Chapter to clarify that design standards applied to new construction and additions as well as to existing structures when physical modifications to design elements were proposed. Councilmember Mendenhall said a public hearing was scheduled for August 21, 2018 with tentative action on September 4, 2018 . #6. 3:02:41PM BRIEFING REGARDING AN ORDINANCE THAT WOULD AMEND THE LAND USE TABLE TO ALLOW RETAIL SERVICES IN THE MIXED USE (MU) ZONE AS A PERMITTED USE. Retail service uses are those that provide services directly to a consumer, such as hair salons and barber shops. The MU zone currently allows "Retail Sales", which is a similar land use type. During the previous amendment to the land use tables, retail services was inadvertently removed from the section of the ordinance that allows that use in the MU zone. View Attachments Anna Anglin, Wayne Mills, and Nick Tarbet briefed the Council with attachments . Ms . Anglin provided an overview of the proposed text amendment saying this amendment was to add retail services to the Mixed Use Zoning District (which was inadvertently left out in a previous text amendment) . Discussion was held regarding concern with the potential use of massage parlors/vape shops in the retail service uses zone and concern with allowing nuisance type businesses in residential zoning. Councilmember Mendenhall said a public hearing was scheduled for August 21, 2018 with tentative action on September 4, 2018 #7 . 4:03:53 PM BRIEFING REGARDING THE PARLEY' S INTERCHANGE ENVIRONMENTAL IMPACT STATEMENT (EIS) STUDY THAT WILL EVALUATE THE SHORT AND LONG-TERM NEEDS OF THE I-80/I-215 EASTSIDE INTERCHANGE. The purpose of the study is to improve safety, reduce congestion, 18 - 5 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, JULY 31 , 2018 increase regional mobility and update the current design of the interchange. View Attachments Becky Stromness and Kevin Kilpatrick briefed the Council with attachments . Ms . Stromness provided an overview of the study saying the study area centered around the mouth of Parley' s Canyon. She said the purpose of the project was to improve the level of service (method used to measure the flow of traffic) , regional mobility, and safety at the Parley' s Interchange in the year 2050 . She further reviewed alternative screening criteria/process, next steps, current/upcoming events, and the EIS schedule/process . Discussion followed regarding the current level of service, current traffic contrast/congestion mapping, further explanation of Alternative C, and the potential impact to the area. Councilmember Mendenhall asked when they would be coming back to the Council . Ms . Stromness indicated they anticipated coming back next summer with updates/progress . #8 Tentative Break #9 . 3:13:15PM BRIEFING REGARDING A PROPOSED ORDINANCE THAT WOULD AMEND PORTIONS OF THE SALT LAKE CITY CODE PERTAINING TO THE APPEALS PROCESS FOR DECISIONS MADE BY THE HISTORIC LANDMARK COMMISSION. The amendments are intended to align City ordinance with State Code and would allow applicants to appeal a decision of the Historic Landmark Commission to the Mayor, among other changes. View Attachments Nick Tarbet, Nick Norris, and Amy Thompson briefed the Council with attachments . Ms . Thompson provided an overview of the proposed text amendment pertaining to the appeals process for decisions made by the Historic Landmark Commission (HLC) . She said the purpose of the amendments were to be compliant with changes passed by State Legislation. Discussion followed regarding if the Appeals Hearing Officer was subject to a Mayor' s ultimate decision, if the process was in- line with other City applet processes (in Planning) , and adopted State Legislation. #10 . 4:26:02PM BRIEFING REAGARDING AN ORDINANCE GOVERNING SMALL CELL WIRELESS FACILITIES IN PUBLIC RIGHTS-OF-WAY, WHICH COULD PAVE THE WAY FOR 5G TECHNOLOGY IN SALT LAKE CITY AND IMPROVED SERVICE 18 - 6 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, JULY 31 , 2018 FOR 4G. As part of changes to State law, the City will soon be required to allow small cell installations within its right-of- way. The City is preparing design guidelines and a new ordinance that will address forthcoming small cell infrastructure installations throughout the City. View Attachments Daniel Rip, Kimberly Chrytraus, Benjamin Luedtke, and Scott Weiler briefed the Council with attachments . Mr. Luedtke provided an overview of the proposed text amendment. He said Federal and State laws/rules gave telecommunication providers the right to install facilities in City rights-of-way subject to municipal regulations . Mr. Rip provided a status of design guidelines including public input, enforcement, and adoption. Discussion followed regarding department collaboration of design guidelines, design standards regulations/restrictions, and potential for decorative lighting as part of the plan/guidelines . Mr. Luedtke reviewed policy questions provided for the Council . Discussion followed regarding additional level of public outreach (specifically for design guidelines) , adopting the design guidelines (not required) , enforcement (if design standards were not adhered to) , criteria used to evaluate provider requests to install new utility poles in residential zones, standard franchise agreements concerning underground lines and cables, and abandoned underground facilities, including State mandated fees on the Consolidated Fee Schedule (CFS) . Council Members requested the following items from Staff: • Follow-up regarding the City' s capability to enforce compliance of design guidelines . • Bring design guidelines back to the Council for approval . • Clarify street width (whether the right-of-way started at the sidewalk or curb) for purposes of criteria to evaluate provider requests to install new utility poles in residential zones . • Include the City' s current tree trimming ordinance in the proposed ordinance. Councilmember Mendenhall said a public hearing was scheduled for August 14, 2018 with tentative action on August 21, 2018 . #11 . 4:55:19PM BRIEFING REGARDING A PROPOSED ORDINANCE THAT 18 - 7 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, JULY 31 , 2018 WOULD AMEND CITY CODE RELATING TO DOGS IN CITY PARKS, TRAILS AND OPEN SPACES . The proposed changes would simplify and expedite the process for designating dog-off leash areas (often referred to as Resolution 52) , by delegating it to the Administration. It also would allow the Public Services Department director to close parks and open space areas to dogs for reasons of public safety or the protection of sensitive environmental resources. Currently, the Council has final approval of new dog off-leash parks. View Attachments Allison Rowland, Kristin Riker, and Jan Aramaki briefed the Council with attachments . Ms . Rowland provided an overview of the proposed text amendment saying this was a complicated issue because it reflected the changing demand people had for recreation with their dogs . She said since 2015 there were five new off-leash areas approved by the Administration and another five in a test period which were working but were not included in the ordinance . She said the Administration proposed repealing the City' s regulations (Resolution 52) for creation of new off-leash dog areas with the goal of simplifying and expediting the process, as well as providing new safeguards when hazardous conditions or sensitive environmental resources warrant closure to dogs . Ms . Aramaki stated the proposal would delegate the dog off-leash designation process as an Administrative process (taking it out of Council Members hands) . Ms . Riker provided further explanation of the proposed amendment saying part of the proposal came out of Parks and Public Lands lack of ability to follow the ordinance at this point. She said it was difficult to follow Resolution 52 because of some of the requirements, one being difficulty finding a sponsor for each park to take care of the parks and educate people on how to clean the parks and follow the rules . She said the Parks-for-Dogs Advisory Panel had never been established which was intended to monitor off-leash area use, raise funds, and work to make the off- leash areas successful for dog owners . She said there was no authority for the Administration to regulate closed areas to dogs . Discussion followed regarding difficulty of finding sponsors, difficulty of navigating Resolution 52 from an Administrative perspective, concern regarding public out-reach (off-leash park sponsors) , concern with potential lack of input from community groups under the proposed ordinance, public recourse for park closures under the proposed ordinance, need for Council continued role (not only to hear feedback) to be a part of the process for 18 - 8 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, JULY 31 , 2018 policy changes, new dog park costs (off-leash areas) , additional need for off-leash areas (other than what was planned) , process for constituents to put in a new dog park under the proposed ordinance, concern with Council/Staff workload, ways to improve the current process and remove the section regarding dog park closings, concern with safety issues, more transparent/accessible way for the public to give input on dog parks, and length of temporary park closures . Straw Poll: (Passed) Support having Council Staff look into the elimination of Resolution 52 and create a way for there to be Administrative closure of dog parks on a temporary basis (two weeks) for emergency purposes and come up with a different process for permanent/full park changes/closures with more public input than currently proposed. All Council Members present were in favor. Straw Poll: (Passed) Support having the Administration come back with language around an enforcement mechanism to allow Salt Lake County to enforce regulations . All Council Members present were in favor. Straw Poll: (Passed) Support having the Administration and Council Staff come up with suggestions on how the Council could maintain their policy making direction and authority in the process . All Council Members present were in favor. Ms . Riker asked if it was appropriate to come up with a process where parks did not have to be identified by name in the ordinance (the hardest part of the process) and when there was a park closure/opening the Council would approve the type of use/restricted use in the park. Ms . Gust-Jenson suggested Council Staff work with the Administration to look for a way to be nimble and still address public input, volunteer opportunities, and Council interest from a public policy point of view. Councilmember Luke said dogs were always a controversial topic without easy solutions . He expressed concern regarding how politicized the issue was in the past and said it was owed to the residents (dog lovers/dog haters) to have a process in place where their voices could be heard. Ms . Rowland referenced policy question number three regarding previous Council policy goals and statements and asked whether the Council was interested in adopting those policy statements and formally adopting the off-leash policy goal . 18 - 9 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, JULY 31 , 2018 Councilmember Mendenhall said with the straw polls asking for feedback and the policy questions that was a great place to start the next discussion. She said a space would be made on a future agenda when feedback was received from the Staff/Administration. #12 . 5:47:32PM UPDATE REGARDING THE NORTHWEST QUADRANT AND INLAND PORT. View Attachments Laura Fritts and Jennifer Bruno provided the Council with updates . Ms . Fritts provided an overview of the first Inland Port Board meeting. She said the Board unanimously elected Derek Miller as Chair and Councilmember James Rogers as Vice Chair (for a one year term) . She said three subcommittees were also setup; Executive Search Committee (to help identify candidates) , Business Plan and Budget Committee, and a Tax Incentives Committee. She said there was a lot of discussion about the committees and also having some advisory committees (specifically for sustainability and alike) . She said ultimately the Board decided to evaluate these as they came to mind and she thought it was important to think about how the City could have committees as part of the business planning process . She said Councilmember Rogers shared a letter from Council Chair Erin Mendenhall and also a letter from the community. She said Councilmember Rogers requested Inland Port meetings be held within the Inland Port jurisdiction which the committee overall felt was a good idea. She said meetings would be held on a quarterly basis at the Salt Lake Community College Westpointe Center and a location for non-quarterly meetings had not been identified yet . She said it was decided committees would meet on the second Thursday of each month and Board meetings would be the fourth Thursday of every month. She said it was also decided that Salt Lake County would be the staff to this entity (in the interim) until there was staff for the Board to handle agendas, noticing, finding meeting locations (and the like) . She said time was also spent talking about future agendas and it was decided every agenda should have a report from the committees . She said the next meeting would review all current projects from Utah Department of Transportation (UDOT) to Economic Development projects . She said Chair Miller also thought it was important to not re-create the wheel, he felt it would be valuable to take the work already completed by the City from the Master Plan (the implementation strategy that was committed) and build off of that. She said she was asked to brief the Board on those items at the next meeting. It was also requested that the City put together a field trip for Board Members of the Northwest Quadrant in order that they fully understand the depth and breadth of the area (most importantly the 18 - 10 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, JULY 31 , 2018 work the City had already done to help development occur) . She said lastly there was public comment (limited to three minutes) with the majority of comments focused around air quality and sustainability issues . Discussion followed regarding the purpose/duties of the Tax Increment Committee, committee decisions versus board decisions, and open public meetings . Ms . Bruno said as a follow-up from the information that Councilmember Rogers passed out at the Board meeting the plan was for Staff to draft official written communication to each subcommittee to try and memorialize some of the hopes (Council input) for each of the subcommittees . She said that information would be shared with Ms . Fritts and the Administration as well . Councilmember Mendenhall said in the Council Chair/Vice Chair meeting discussion was held about creating some fact finding work sessions on specific points which were adopted in the statute during the special Legislative session. She said the purpose of these briefings were to provide an opportunity for the Council to hear from the community and stake holders focused on certain areas and also to prepare for the 2019 Legislative session. She said the more information gathered about suggested changes or impacts to the community the better prepared the City could be. She said there was also representation on the Board through Councilmember Rogers and he expressed his willingness to take suggestions to the Board. Councilmember Mendenhall said tentative briefings were scheduled on August 21, 2018 (a general overview of how the Inland Port Board and other things were shaping up) , September 4, 2018 (look at land use and tax increment) , and September 11, 2018 (examine transparency and environmental components) . 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. No discussion was held. #13 . REPORT OF THE CHAIR AND VICE CHAIR 18 - 11 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, JULY 31, 2018 No discussion was held. #14 . CONSIDER A MOTION TO ENTER INTO CLOSED SESSION, IN KEEPING WITH UTAH CODE §52-4-205 FOR ANY ALLOWED PURPOSE. Item not held. The meeting adjourned at 6 : 03 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 July 31, 2018 . ks 18 - 12