11/13/2018 - Work Session - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING
TUESDAY, NOVEMBER 13 , 2018
The City Council met in Work Session on Tuesday, November 13, 2018,
in Room 326, Committee Room, City County Building, 451 South State
Street.
In Attendance: Council Members Andrew Johnston, Erin Mendenhall,
Charlie Luke, Chris Wharton, Amy Fowler, James Rogers, and Derek
Kitchen.
Staff in Attendance : Cindy Gust-Jenson, Council Executive
Director; Jennifer Bruno, Council Executive Deputy Director; David
Litvack, Mayor' s Deputy Chief of Staff; Margaret Plane, City
Attorney; Lehua Weaver, Council Associate Deputy Director; Mary
Beth Thompson, Finance Director; Benjamin Luedtke, Council Public
Policy Analyst; Kira Luke, Council Policy/Budget Analyst; Daniel
Rip, Real Property Manager; Kimberly Chytraus, Senior City
Attorney; Lisa Packwood, Finance Revenue and Collections Director;
Jaysen Oldroyd, Senior City Attorney; Nick Tarbet, Council Senior
Public Policy Analyst; Tracy Tran, Senior Planner; Daniel
Echeverria, Senior Planner; Nick Norris, Planning Director; Wayne
Mills, Planning Manager; Jennifer Seelig, Mayor' s Director of
Community Empowerment; Brian Fullmer, Council Constituent
Liaison/Budget Analyst; John Anderson, Senior Planner; Samuel
Owen, Council Constituent Liaison and Policy Analyst; Jesse
Stewart, Public Utilities Deputy Director; Jason Brown, Public
Utilities Chief Engineer; Nick Kryger, Public Utilities Geographic
Information Systems (GIS) and Information Technology Systems
Administrator; Mike Reberg, Community and Neighborhoods Director;
Tony Milner, Housing and Neighborhood Development Manager; Scott
Teerlink, Police Captain; John Vuyk, Budget Director; Ben
Kolendar, Economic Development Deputy Director; Mike Brown, Police
Chief; Laura Briefer, Public Utilities Director; Melissa Jensen,
Housing and Neighborhood Development Director; Lani Eggertson-
Goff, Housing and Neighborhood Development Deputy Director; and
Kory Solorio, Assistant City Recorder.
Guests in Attendance: Gretta Spendlove, Durham, Jones and Pinegar;
Karen Sato, Salt Lake Tennis and Health Club General Manager; Sarah
Pearce, Salt Lake County Center for the Arts Division Director;
Matthew Castillo, Salt Lake County Center for the Arts/ Equality
Utah Board Member; and Holly Yocom, Salt Lake County Community
Services Director.
Councilmember Mendenhall presided at and conducted the
meeting.
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MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING
TUESDAY, NOVEMBER 13 , 2018
The meeting was called to order at 2 : 12 p .m.
AGENDA ITEMS
#1 . 2:12:09PM WRITTEN BRIEFING REGARDING AN ORDINANCE THAT
WOULD GRANT A MASTER LICENSE AGREEMENT FOR WIRELESS FACILITIES IN
THE PUBLIC WAY TO EXTENET SYSTEMS, INC. The agreement would allow
ExteNet to install small cell wireless facilities throughout the
City. Small cell wireless facilities utilize antenna and fiber
optics to add capacity and coverage to a wireless broadband
network. ExteNet was granted a Master License Agreement earlier
this year, but the City has since amended its ordinance governing
wireless facilities, necessitating a replacement agreement be
issued. View Attachments
Written briefing only.
#2 . 2:12:22PM BRIEFING REGARDING AN ORDINANCE GRANTING EXTENET
SYSTEMS, INC. A TELECOMMUNICATION FRANCHISE AGREEMENT. The
agreement would allow the company to place and maintain its small
cell facilities within the City rights of way. Small cell wireless
facilities utilize antenna and fiber optics to add capacity and
coverage to a wireless broadband network. The company would be
governed by certain conditions, would need to secure appropriate
permits and pay the telecommunications tax under State law. View
Attachments
Kira Luke, Melissa Jensen, Dan Rip, and Kimberly Chytraus
briefed the Council with attachments . Ms . Luke oriented the Council
regarding the Franchise Agreement . Ms . Jensen indicated this was
the first attempt under the new Small Cell Guidelines/Design
Standards and the beginning of the implementation phase. Mr. Rip
stated the Franchise Agreement aligned with established City
ordinances for Small Cell and updated Master License Agreements .
Ms . Jensen said there would be an expected update to the Design
Standards and updates would continue to reflect the learning
process .
Discussion followed regarding the process leading to the
Design Standards update, feedback received from providers, and
Design Standards conflicts .
Councilmember Mendenhall said tentative action was scheduled
on November 27, 2018 .
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TUESDAY, NOVEMBER 13 , 2018
#3. 2:17:28PM BRIEFING REGARDING AN ORDINANCE THAT WOULD AMEND
HOW PERMITS ARE ISSUED FOR INDIVIDUALS WHO SOLICIT OR SELL
PRODUCTS OR SERVICES FACE-TO-FACE. Currently, solicitation
permits are required for anyone who wishes to engage in face-to-
face solicitation and selling. The changes would take into account
those who already have a State solicitation permit and would
remove duplicative requirements. View Attachments
Benjamin Luedtke, Mary Beth Thompson, Lisa Packwood, and
Jaysen Oldroyd briefed the Council with attachments . Mr . Luedtke
reviewed the amendments of the proposed ordinance . Ms . Packwood
explained this amendment had little to do with Business Licensing
and said the Police Department issued solicitation permits .
Discussion was held regarding why the Police Department
issued the permits, if convicted felons were allowed to get
permits, and plans to update City resources (on-line forum) for
residents to verify State-issued permits .
Councilmember Mendenhall said tentative action was scheduled
on November 27, 2018 .
Council Members requested the following item from Staff:
• Follow-up regarding updated on-line resources for residents
to verify State issued solicitation permits .
#4 . 2:22:23 PM BRIEFING REGARDING AN ORDINANCE AMENDING SALT
LAKE CITY CODE RELATING TO CITY-OWNED REAL PROPERTY. The proposal
would amend the City's process for evaluating surplus real
property for which the City no longer has a need to include
additional considerations for affordable housing. The proposal
would also advance additional affordable housing objectives
outlined in the Housing Plan adopted in December 2017. View
Attachments
Nick Tarbet, Melissa Jensen, and Tony Milner briefed the
Council with attachments . Mr. Tarbet said this amendment was an
update that would prioritize affordable housing in the disposition
of City-owned property. Ms . Jensen said the surplus land
disposition was intended to help put a frame work of affordable
housing around the City' s surplus of land and to be a potential
funding source for the Housing Trust Fund. Mr. Milner provided a
recap of the April 3, 2018 discussion. He said the proposed
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amendments were in line with the goals of "Growing SLC" Five-Year
Housing Plan 2018-2022 and reviewed the proposed changes to the
City' s Surplus Real Property code (Chapter 2 . 58) . Ms . Jensen said
this ordinance shift was focused on affordable housing and
minuscule parcels would not be looked at. She said she wanted to
understand and recognize there was an on-going conversation about
the public wealth of cities and how surplus land was used in its
entirety.
Discussion was held regarding the status of Salt Lake
County' s inventory of surplus property, definition of 'quazi-
public' , guidelines for evaluating suitability for affordable
housing, defining considerations to evaluate suitability for
affordable housing opportunities, concern regarding changes to
evaluating considerations, earmarking certain properties and the
potential to remove a property from consideration of other public
use, how to codify the right balance to consider evaluation for
all departments, and effect to alleys concerning the ordinance.
Council Members requested the following items from Staff:
• Update from Staff regarding the timeline to receive Salt Lake
County' s surplus property inventory.
• Include evaluating guidelines in the ordinance.
#5 . 2:42:22PM UPDATE ON THE IMPLEMENTATION OF THE WESTSIDE
MASTER PLAN AND THE BROADER PROCESS AND STRUCTURE FOR IMPLEMENTING
OF MASTER PLANS . View Attachments
Benjamin Luedtke, Melissa Jensen, and Lani Eggertson-Goff
briefed the Council with attachments . Mr. Luedtke said the
Administration forwarded a transmittal with an update on
implementing the Westside Master Plan (adopted by the Council in
2014) and a template for general Master Plan implementation. Ms .
Eggertson-Goff and Ms . Jensen provided a Power Point presentation.
Comments included Housing and Neighborhood Development (HAND)
facilitates implementation, process framework, timeline, area of
focus, implementation launch, identify/select priority projects,
completed projects, proposed and completed Planning rezone, 900
West resurfacing/lane reconfiguration, 900 West intersections, 900
West intersection and Indiana bridge, more pedestrian safety
improvements, 9-Line Trail improvements, Neighborhood Building
Improvement Program (NBIP) /facade improvements, property
rehabilitation (nodes) , lessons learned, and next steps .
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Discussion was held regarding prioritization of community
needs being addressed in the creation of the Master Plan,
prioritization given to smaller projects, things which did not
come up in the Master Plan (signage) , Facade Improvement Grant and
target/outreach to businesses, HAND working with Economic
Development, management of Impact Fees, scenario to anticipate
Impact Fees being better utilized, HAND Project Coordinator
position, running out of project money, economic development with
new parcels and businesses, tracking master plan implementation,
and experience of other departments who assisted in the creation
of a master plan.
Council Members requested the following item from Staff:
• Request HAND work with Economic Development on the Main Street
Program.
#6 . 3:24:34 PM FOLLOW-UP BRIEFING ABOUT AN ORDINANCE AMENDING
VARIOUS SECTIONS OF TITLE 21A OF THE SALT LAKE CITY CODE PERTAINING
TO REGULATION OF INLAND PORT USES . These changes would bring City
Code in line with State Code requirements for an inland port.
Conditional uses under the proposed zoning overlay would require
an impact mitigation plan. Additionally, the Planning Division
had suggested development standards for activities involving
transporting, unloading, loading, transferring, or temporarily
storing natural resources. View Attachments
Nick Tarbet, Wayne Mills, Tracy Tran, Daniel Echeverria, and
Nick Norris briefed the Council with attachments . Mr. Tarbet stated
this was a follow-up from the October 16, 2018 briefing. He said
in addition, the Council office received a request from the
property owners (north of Interstate 80) to add language to the
ordinance clarifying existing development agreements would not be
affected by the changes . Mr. Echeverria provided an overview of
the memorandum responding to questions the Council had (from the
previous discussion) regarding Federal/ State permit requirements .
Comments included: Overlay approach and proposed regulation
overview, basis of regulations, proposed Inland Port Overlay
Zoning District details, other ordinance considerations, and next
steps .
Discussion was held regarding importance of keeping with the
Council' s original recommendation, conditional uses working/not
working, potential of future conditional uses having similar types
of requirements, purpose of the property owners requested addition
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to the ordinance, language regarding development agreements, and
conditional use approach versus permitted use approach.
Councilmember Mendenhall said a public hearing would be held
tonight with a second public hearing on November 27, 2018 and
tentative action on December 4, 2018 .
Council Members requested the following item from Staff:
• Generalize the pre-existing language in the ordinance
concerning development agreements .
#7 . 3:41:16PM BRIEFING REGARDING AN ORDINANCE THAT WOULD ALLOW
FOR ADDITIONAL FLAT SIGNAGE ON THE FACE OF STRUCTURES FACING A
FREEWAY OR HIGHWAY IN THE OPEN SPACE (OS) ZONING DISTRICT.
Specifically, the proposal would remove the existing cap of 60
square feet of flat signage and potentially increase the allowable
size of flat signs on buildings in an OS zone. Petition No.
PLNPCM2018-00057. View Attachments
Brian Fullmer, John Anderson, Wayne Mills , Gretta Spendlove,
and Karen Sato briefed the Council with attachments . Mr. Fullmer
stated this request was for a potential amendment to the zoning
ordinance related to signs in the Open Space Zone District. Mr.
Anderson provided an overview of the proposed amendment. Comments
included: the reason for the request, Planning Commission
recommendation, and public process . Ms . Spendlove spoke about the
importance of signage, different sign proportions, and how it was
vital to the applicant' s struggling business . Ms . Sato spoke about
the significance/value of the proposed signage to the business .
Discussion was held regarding how the amendment would affect
the City, adding certain limitations to the ordinance, affected
parcels, sign limitations, current signage allowed, signage
definitions, preventing an Light-Emitting Diode (LED) sign from
being mounted, sign versus mural, signage requirement (if not Open
Space) , difference/reason for two proposed sizes, and potential to
divide into multiple small signs .
Councilmember Kitchen expressed support for the proposal .
Councilmember Mendenhall stated she was opposed to the
proposed rezone. She said a public hearing would be held December
4, 2018 with tentative action on December 11, 2018 .
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#8 . TENTATIVE BREAK
#9 . 4:39:50PM UPDATE REGARDING MAJOR PROJECTS FROM THE PUBLIC
UTILITIES DEPARTMENT. Some of the project updates include
development of the Northwest Quadrant (NWQ) , the State prison, and
a water treatment plant rebuild. The briefing will also include an
update on City master plans including the Water Supply and Demand
Plan, Drought Contingency Plan, Storm Water Master Plan, and Street
Lighting Plan.
Samuel Owen, Laura Briefer, Jesse Stewart, and Jason Brown
briefed the Council . Mr. Owen stated the Department of Public
Utilities currently had a number of going major projects ,
including construction of a new upgraded replacement water
reclamation facility and major water conveyance infrastructure and
sewer projects . Ms . Briefer provided a Power Point presentation.
Comments included: project updates on the NWQ and State
Correctional Facility, East-West Aqueduct, New Water Reclamation
Facility, 1300 East Utility Upgrades and Road Reconstruction,
major long-range Planning projects, Utah Lake/Jordan River Water
Right Adjudication, and upcoming water legislation.
Discussion was held regarding the foundation of the State
Correction Facility, stability of infrastructure in the NWQ,
increased costs of infrastructure in the NWQ, how development of
the NWQ would be coordinated with multi-jurisdictions, if all water
in the NWQ would be provided by the City, impact of providing water
to the NWQ on existing customers in the Metropolitan Water
District, intersection of sewer collection at the 500 South
pump/700 South improvements, East-West Aqueduct Phase I timeline,
how streets being redone would intersect with the portion of
District 5 (northwestern most point) approaching 1700 South, and
what residents could expect during Phase I of the East-West
Aqueduct.
Council Members requested the following item from Staff:
• Tour of the new Water Reclamation Facility.
#10 . 5:07:42PM BRIEFING REGARDING AN ORDINANCE THAT WOULD CREATE
A REQUIREMENT TO IDENTIFY AND MARK SEWER LATERALS, WATER LATERALS
AND STORMWATER INFRASTRUCTURE WHEN CONSTRUCTION WORK IS PERFORMED
IN THE PUBLIC RIGHT-OF-WAY. These lines are not located or marked
through the current blue stakes process, and locating and marking
them will decrease damage to lines that occurs during construction
and excavation. The requirement would only apply to excavations of
depth greater than 24 inches. View Attachments
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MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING
TUESDAY, NOVEMBER 13 , 2018
Samuel Owen, Nick Kryger, and Laura Briefer briefed the
Council with attachments . Mr. Owen said this item was a proposed
amendment to City Code to create a requirement for contractors
excavating in the right-of-way to locate and mark utility lines
before excavating. Ms . Briefer explained the proposed amendments .
Discussion was held regarding markings left on the street
after project completion, resources contractors used to locate
lines/laterals, how stakeholders were notified of new
requirements, and costs to residents when lines were damaged.
Councilmember Mendenhall said a public hearing would be held
December 4, 2018 with tentative action on December 11, 2018 .
#11 . 5:16:50 PM BRIEFING FROM THE COUNTY CENTER FOR THE ARTS
(CFA) ABOUT THE ECCLES THEATER SITE OPERATING BUDGET, WHICH IS
GOVERNED BY THE UTAH PERFORMING ARTS CENTER AGENCY (UPACA) . View
Attachments
Jennifer Bruno, Sarah Pearce, Matthew Castillo, and Holly
Yocum briefed the Council with attachments . Ms . Bruno stated this
was a Council requested annual report, as a condition of amending
the operating agreement to have the County Center for the Arts
operate the site of the Eccles Theater building. Mr. Castillo
reviewed the major changes between what was approved as part of
the 2018 budget versus what was being proposed for the 2019 budget.
Discussion was held regarding the facilities plan to schedule
anticipated replacement of operating/Internet Technology (IT)
equipment, how the annual $50, 000 allocation measured with the
anticipated costs to replace operating/IT equipment, Arts for All
program update, how the use of the black box/venue space (in the
last two years) changed the conceptualization of the budget going
forward, how to amplify the space for other users, how the model
change for food/beverage was better for the future, inquiry
regarding the Winter Garden and non-open doors, and whereabouts of
the I-Heart Salt Lake City art piece.
Council Members requested the following items from Staff:
• Provide a schedule of cost/need for replacement of
operating/IT equipment.
• Provide budget updates on the UPACA and the Arts-for-All
program.
• Provide a blurb regarding the November 23, 2018 unveiling of
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TUESDAY, NOVEMBER 13 , 2018
the UPACA Holiday Art Project for Council Members to share in
newsletters .
#12 . 5:36:30PM BRIEFING REGARDING AN ORDINANCE THAT WOULD AMEND
THE FINAL BUDGET OF SALT LAKE CITY, INCLUDING THE EMPLOYMENT
STAFFING DOCUMENT, FOR FISCAL YEAR 2018-2019. Budget amendments
happen several times each year to reflect adjustments to the City's
budgets, including proposed project additions and modifications.
The proposed amendment includes, but is not limited to, adjustments
related to impact fees. (Budget Amendment No. 2) View Attachments
Benjamin Luedtke, Mary Beth Thompson, John Vuyk, Jennifer
Bruno, Mike Brown, Scott Teerlink, Ben Kolendar, and Mike Reberg
briefed the Council with attachments . Mr. Luedtke stated there was
no Staff report since this budget amendment was being fast tracked.
He said most of the discussion would be devoted to the United
Nations Global Communications Conference (held in Salt Lake City)
and the East Side Police Precinct. He also stated there was an
emergency request from the Golf Fund. Ms . Thompson reviewed
highlights on fund balance, revenue, and expenditures of the
proposed budget amendment.
5:40:13PM Item A-18 - Police Precinct Land Acquisition
Ms. Thompson stated there were two different areas of Impact
Fees and surplus land money totaling $3 . 57 million proposed to put
towards an East Side Precinct.
Chief Brown provided history, orientation, and how the City
had/had not changed in its needs for an East Side Precinct.
Discussion was held regarding the urgency to create an East Side
Police Precinct, concern with General Fund dollars not being able
to support both a police precinct and additional officers, money
needed for the precinct beyond what Impact Fees would allow,
growth/increased crime in Sugar House, use of Impact Fees,
residents comments regarding an East Side precinct, unintended
consequences, gaging community specific issues on feedback from
constituents, current crime reports, correlation between
population/crime growth, relationship between the number of
officers/types of policing in crime, specifically discussing
homeless services and the issues around the lack of housing versus
policing, police travel to drop off/store evidence, leveraging the
time and effectiveness of officers, how often officers (during
their regular beat) come back to a precinct for various reasons,
and costs related to time savings .
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MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING
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Councilmember Fowler expressed her support for an East Side
Precinct.
6:24:14PM Item A-19: Glendale Golf Sewer Project
Ms. Thompson stated there was a request from the Capital
Improvement Program (CIP) Golf Fund for approximately $156, 000 to
run a new sewer line from the clubhouse to 2100 South.
6:37:21PM A unanimous Straw poll was taken in support of making
the appropriation from the Golf Fund to the CIP for sewer line
replacement as outlined in Budget Amendment No . 2 . All Council
Members were in favor except Councilmember Kitchen, who was absent .
6:25:05PM Item A-20 : 2019 United Nations Conference (also known
as the Department of Public Information (DPI) /Non-Governmental
Organization (NGO) Conference)
Ms. Thompson said this was a unique request and spoke about
the budget portion of the request . Mr. Kolendar said in order to
host the conference, the Administration was requesting support for
Salt Lake City to contract with a 501c3 for $600, 000 that would be
raised from external sources and guaranteed by Salt Lake City. He
reviewed concerns/questions regarding the budget breakdown.
Comments included: Expenses exceeding revenue by $130, 000, high
price for webcasting ($379, 500 total) , unfunded expense items,
unknown expense items, and no contingency funding.
Discussion was held regarding frustration surrounding
progress of the conference/concern with the funding request,
potential of additional requests for police resources and
promotional funds, necessity for the budget, other services needed
similar to special events (street closures) , who was administering
the fund raising efforts, data from other cities who had hosted
the conference, and if expenses were reimbursable.
Council Members requested the following items from Staff:
• Track other potential services needed (similar to special
events) .
Mr. Luedtke asked Council Members to send any questions
regarding the budget items to Staff in order to prepare for the
November 27, 2018 briefing.
Councilmember Mendenhall said a public hearing would be held
November 27, 2018 with tentative action on the same night.
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MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING
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6:43:21PM Item A-17 : Airport Shuttle Bus Purchase
Ms . Bruno stated the Airport needed the Council to straw poll
this item due to urgency. Ms . Thompson said this item was for the
purchase of Airport Shuttle Buses . She said in order to have the
buses by January 1, 2019; the order needed to be in by Thursday of
this week.
Discussion was held regarding other Airport budget
amendments .
A unanimous Straw Poll was taken in support of approving this
budget amendment for the Airport to buy shuttles by Thursday. All
Council Members were in favor except Councilmember Kitchen, who
was absent.
STANDING ITEMS
#13 . 6:40:14PM 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 18-5 for announcements .
#14 . REPORT OF THE CHAIR AND VICE CHAIR.
Item not held.
#15 . 6:44:39PM CONSIDER A MOTION TO ENTER INTO CLOSED SESSION,
IN KEEPING WITH UTAH CODE §52-4-205 FOR ANY ALLOWED PURPOSE .
Councilmember Fowler moved and Councilmember Luke seconded to
enter into Closed Session to discuss deployment of security
personnel, devices, or systems pursuant to Utah Code §52-4-
204 (1) (f) ; §52-4-205 (1) (e) the sale of real property, including
any form of a water right or water shares; and §78B-1-137 Attorney-
Client matters that are privileged. A roll call vote was taken.
Council Members Rogers, Luke, Fowler, Mendenhall, Wharton, and
Johnston voted aye . Councilmember Kitchen was absent for the vote.
See File M 18-1 for Sworn Statement.
Councilmember Kitchen joined the meeting at 7 : 00 p.m.
In Attendance: Council Members Johnston, Kitchen, Wharton, Fowler,
Luke, Rogers, and Mendenhall .
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MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING
TUESDAY, NOVEMBER 13 , 2018
Others in Attendance: Cindy Gust-Jenson, Jennifer Bruno, David
Litvack, Lehua Weaver, Katherine Lewis, Benjamin Luedtke, Mike
Brown, Mary Beth Thompson, Margaret Plane, Scott Teerlink, and
Kory Solorio.
The Closed Session adjourned at 7 : 15 p.m.
The Work Session meeting adjourned at 7 : 15 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
November 13, 2018 .
ks
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