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10/17/2017 - Work Session - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, OCTOBER 17 , 2017 The City Council met in Work Session on Tuesday, October 17, 2017, at 2 : 13 p.m. in Room 326, Committee Room, City County Building, 451 South State Street. In Attendance: Council Members Lisa Adams, Stan Penfold, Erin Mendenhall, Derek Kitchen, Charlie Luke, and Andrew Johnston. Absent: Councilmember James Rogers . Staff in Attendance: Cindy Gust-Jenson, Council Executive Director; Jennifer Bruno, Council Executive Deputy Director; Jacqueline Biskupski, Mayor; David Litvack, Mayor' s Deputy Chief of Staff; Jennifer Seelig, Mayor' s Community Relations Director; Lehua Weaver, Council Associate Deputy Director; Mike Brown, Police Chief; Mary Beth Thompson, Finance Director; Nick Norris, Planning Director; Michael Maloy, Senior Planner; Paul Nielson, Senior City Attorney; Sylvia Richards, Council Policy Analyst; Lara Fritts, Economic Development Director; Ben Kolendar, Economic Development Deputy Director; Michaela Oktay, Planning Manager; Nick Tarbet, Council Office Policy Analyst; Sean Murphy, Housing and Neighborhoods Project and Policy Manager; Melissa Jensen, Housing and Neighborhood Development Director; Russell Pack, Airports Interim Director; and Kory Solorio, Assistant City Recorder . Others in Attendance: Ary Faraji, Salt Lake City Mosquito Abatement Manager; Rachel Anderson, Salt Lake City Mosquito Abatement Attorney; Kent Withers, Salt Lake City Mosquito Abatement Surveyor; and La Vone Liddle, Salt Lake City Mosquito Abatement Board Chair. Councilmember Penfold presided at and conducted the meeting. The meeting was called to order at 2 : 13 p.m. AGENDA ITEMS #1 . 2:14:30PM Written briefing from the County Center for the Arts , about the Eccles Theater Site operating budget (governed by the UTAH PERFORMING ARTS CENTER AGENCY (UPACA) . View Attachments Councilmember Penfold requested the Council review the written briefing and forward any questions to Jennifer Bruno. #2 . WRITTEN BRIEFING REGARDING PROPOSED BOUNDARY CHANGES FOR 17 - 1 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, OCTOBER 17 , 2017 THE MOSQUITO ABATEMENT DISTRICT. The District boundaries have not been updated and certain areas of the City are not within the boundaries of the District. The proposed boundary adjustment ("annexation") would re-align those boundaries to match the service area of the Mosquito Abatement District. The process for the Council's consideration will include action on an intent resolution (scheduled under September 19 New Business) , advertising and notices sent, and a public hearing in November prior to consideration of the final resolution. View Attachments Lehua Weaver, Ary Faraji, Rachel Anderson, Kent Withers, and La Vone Liddle briefed the Council with attachments . Discussion was held regarding explanation of a Plat Signature Block for the Salt Lake City Mosquito Abatement District on future Salt Lake City expansion areas/annexations, board appointments, Metro Township in Emigration Canyon, timeline for completion of the boundary adjustment, economic assistance, and tax rates . #3 . 2:32:24 PM BRIEFING REGARDING AN ORDINANCE TO TEMPORARILY CLOSE A PORTION OF RIO GRANDE STREET UNTIL NO LATER THAN JANUARY 1, 2020 . The portion of the street proposed to be closed is between 200 South Street and 235 South Rio Grande Street (450 West) . The portion is the subject of a lease agreement between the City and the Utah State Division of Facilities Construction and Management to control and manage the portion if the city temporarily closes it. The temporary closure is intended to mitigate unsafe conditions in and next to that portion of the street. View Attachments David Litvack briefed the Council with attachments . Discussion was held regarding the process to facilitate the move from a temporary closure to the formal closure of Rio Grande Street, concerns with insufficient space in the Safe Space area, permitted smoking in the Safe Space area, concerns with the designated Safe Space not facilitating an actual safe space, and access numbers for the Road Home and Weigand Homeless Resource Center. Council Members requested the following items from Staff: • How to protect non-smokers in the Safe Space area from permitted smokers . • Follow-up with Deputy Chief of Police Josh Scharman regarding the security presence outside of the Safe Space. • Define what the closure of the Road Home looks like . • Obtain the number of constituents accessing the Safe Space 17 - 2 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, OCTOBER 17 , 2017 (not just the Road Home or Weigand Homeless Resource Center) . #4 . 2:48:44PM UPDATE FROM THE ADMINISTRATION REGARDING HOMELESS SERVICES . View Attachments Jennifer Bruno, David Litvack, Mike Brown, and Mary Beth Thompson briefed the Council with attachments . Discussion was held regarding filling a funding gap with balance funding for unfunded services, funding numbers from the Redevelopment Agency, risk fund and general fund balances, officer attrition rate, incentives for career officers, funding for new officers, timeline for the previously missed Cops Grant, numbers for sustaining law enforcement during Operation Rio Grande, rationale for additional Social Workers, and funding for treatment beds . Chief Brown said this was a great opportunity to leverage money and staffing as they prepared to move forward with new officers for Operation Rio Grande and in the long run as well . Cindy Gust-Jenson asked if the Council would approve financing and allow Chief Brown to look at the current proposal and return to the Council with a less conservative option, one which contained more information. Councilmember Penfold said there were two discussions going on; the immediate issue of the budget amendment and the need for one-time funding around Operation Rio Grande, and a conversation to look at actual needs for the number of officers as well as incentivizing/improving retention of existing officers . He said January was a good time for Chief Brown to return to the Council and discuss the actual need for the number of officers as well as incentivizing/improving retention of existing officers . Council Members requested the following items from Staff: • Policy discussion for the Council to contemplate a policy that equipped the City to hire and retain the best officers. • Determine what outcome measures would be tracked in regards to Social Worker' s engagement at Operation Rio Grande. #5. 3:27:28PM BRIEFING REGARDING AN ORDINANCE AMENDING VARIOUS SECTIONS OF TITLE 21A OF THE SALT LAKE CITY CODE PERTAINING TO HOMELESS RESOURCE CENTERS. The changes define homeless resource centers and allows for them as a conditional use in zoning districts that currently allow homeless shelters. Petition No. 17 - 3 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, OCTOBER 17 , 2017 PLNPCM2016-00910. The changes also include "qualifying provisions, " which are requirements homeless resource centers need to comply with in order to operate in the City. The provisions state that the centers: View Attachments • May not have an overnight population exceeding 200 people; • Must have a security and operations plan; and • Must have a maintenance plan; among other changes. Nick Tarbet, Nick Norris, Michael Maloy, Paul Nielson, and Michaela Oktay briefed the Council with attachments . Discussion was held regarding the size of the homeless shelters, concerns regarding the qualifying provisions for the landscape buffer, compensation for individuals receiving homeless services for their participation on the board, open-meeting language within the ordinance/Security Operation Plan, requirements/provisions of conditional use permits, where authority lied with State-run shelters, additional buffer zone requirements and space concerns, possible reversion back to the underlying zoning for setbacks or adding a specific residential requirement in terms of zoning, and concerns regarding the designated area for fire lanes . Councilmember Penfold asked Staff that the draft ordinance, along with the criteria of language requested by the Council, be prepared for a short briefing and adoption at the next Council meeting. Council Members requested the following items from Staff : • Discussion with the Administration regarding compensation for individuals receiving homeless services for their participation on the board. • Include language (as one of the conditions to address) in the Security and Operations Plan to allow meetings to be open to the public and include how noticing and responding to public input was handled. • Add specific language stating if there was an absent buffer requirement in the underlying zone, the Planning Commission shall determine an appropriate buffer for the site . #6 . 4:29:43PM FOLLOW-UP BRIEFING ABOUT "GROWING SLC: A 5-YEAR HOUSING PLAN. " The plan envisions Salt Lake City as a place where all its residents can find housing that is safe, secure and affordable. The plan outlines goals for creating long-term solutions for increasing the housing supply, expanding housing opportunities throughout the city, addressing systemic failures in 17 - 4 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, OCTOBER 17 , 2017 the rental market, and preserving existing units. Petition No. PLNPCM2017-00168. View Attachments Nick Tarbet, Melissa Jensen, and Sean Murphy briefed the Council with attachments . Discussion was held regarding accuracy of Goal 3 (Equitable and Fair Housing) objectives, zoning demographics, implementation plan working document, discrimination rates in the City, use of Federal funds, and aging-inplace initiatives as well as early adult-hood housing opportunities . Councilmember Penfold said there were no objectives stating the City was working to increase the number of affordable housing areas of opportunity within the City. He said there was no strategy on how to align (specifically resources) to create new areas of opportunity. Council Members requested the following items from Staff: • Add language which clarified the meaning of "creating areas of high opportunity" . • Determine if there were opportunities in established neighborhoods to create a mix of residents . #7 . 4:51:32PM FOLLOW-UP BRIEFING ABOUT AN ORDINANCE THAT WOULD AMEND THE CITY' S ACCESSORY DWELLING UNIT (ADU) REGULATIONS. ADUs are small apartments that share a lot with a single-family home. They can be basement apartments, above and inside garages, or entirely separate buildings. The amendments would generally allow ADUs throughout the entire city and limit the number of ADU permits issued per year to 25. Petition No. PLNPCM2014-00447. View Attachments Nick Tarbet, Nick Norris, Michaela Oktay, and Michael Maloy briefed the Council with attachments . Councilmember Johnston said he liked the idea of ADUs as a niche in the City' s communities; however he wanted to take into account/deal with grade variation in neighborhoods and not hold up the ADU process . He said his discussions with colleagues were centered on having ADU design standards which could be applied in unique situations across the City (Conditional Use Permit) , and having a City designated expert to assist applicants through the ADU approval process with unique situations in a timely manner. Councilmember Kitchen said the red-lining neighborhoods (boundary delineating areas of the City where ADUs were permitted) 17 - 5 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, OCTOBER 17 , 2017 was bad policy. He said he had a conversation with Professor Michael Larice which was helpful and suggested the Council consider his points (moving forward) to permit ADUs in Districts which desired them and allowing ADUs to develop naturally without limits . He said he was comfortable moving forward permitting ADUs in Districts 1, 2, 4, and 5 with the elimination of the ADU cap limit, and revisit the cap down the road. He also suggested looking at a Conditional Use process/special exception (whichever made sense) to address design standards and infrastructure needs . He said he believed the special exception could help with enforcement issues . He also suggested looking at Professor Larice' s component of providing institution support from departments within the City for ADUs by having a dedicated Staff member/ombudsman to help guide the applicant through the ADU application. Councilmember Penfold asked (regarding removal of the ADU cap limit) if there was a trigger to revisiting the cap. Councilmember Kitchen proposed revisiting the cap limit in two years . He said deciding on a date would trigger the Recorder' s Office to bring it back to a future Council for assessment. Councilmember Adams said she appreciated the conversation with Professor Larice and said she was interested to see what the Urban Design Research Studio would produce/recommend by the end of the semester. She said she liked the idea of management through special exceptions, the idea of an ombudsman and the thought of not forcing neighborhoods to have ADUs . She also stated if a line was going to be drawn, she would propose District 7 allow ADUs south of Interstate 80 and west of 1700 East and would welcome feedback from the neighborhoods . Councilmember Luke asked the Council to review a handout of proposed text changes from constituents in District 6 for future discussion. View Handout Councilmember Mendenhall said she believed there was a lot to be dealt with before ADUs could be approved; however, she was still in favor of ADUs . She agreed with Councilmember Kitchen' s comments that drawing redlines between districts was bad policy. She said she was proud of her peers for working hard together to recognize concerns and explore ways to mitigate . She said she wanted to look at future dialogue and be presented with pro and con comparisons of the potential for Conditional Use Permits, whether it was in those specific areas (yet to be identified) or Citywide (which she was not in favor of) . She said she also wanted to maintain the 17 - 6 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, OCTOBER 17 , 2017 character of the neighborhoods (which was why the City should have a Design Review Board) and the City could potentially capture this through the idea of an ADU ombudsman. She said was willing to talk about funding City offered designs for ADUs, an ombudsman position, and compliance enforcement abilities . She said she wanted to have a deeper discussion with Enforcement regarding the reality of enforcement/not being able to enforce owner-occupied ADUs . Councilmember Penfold said he had concern with special exception distinctions . He said he also had concerns about parking issues and referenced a previous experiment with snow plowing (trying to get residents to move parked cars to one side of the street for plowing) which received a lot of feedback from neighborhoods and suggested the information might be helpful in this regard. He also expressed concern with the distinction between a Conditional Use Permit and a Special Exception and what ability the City had to provide parameters around a Special Exception. Councilmember Penfold requested a briefing from Staff in three weeks to respond to the Council' s requests/concerns . Mr. Norris addressed his concerns regarding Staff resources to explore Council requested information/options . He said another cause for concern was the special exceptions versus conditional use permits . He said they created problems because special exceptions were intended to be very minor adjustments to existing requirements but had grown to include much more. He suggested having a set of approved plans which would then go through a review process . Councilmember Penfold asked Mr. Tarbet and Mr. Norris to compare notes and coordinate a follow-up briefing with recommendations/options to evaluate the feasibility/resources required to move forward with the Council' s requests/concerns . Council Members requested the following items from Staff: • Look at a Conditional Use Permit/Special Exception Process (whichever made sense) to address ADU design standards and infrastructure needs , which could be applied to unique situations across the City • Present pro and con comparisons of a potential Conditional Use Permit Process , whether it was in permitted areas (yet to be identified) or Citywide . • Present options for a City designated expert/ombudsman to assist applicants in a timely manner through the ADU application/approval process in unique situations . 17 - 7 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, OCTOBER 17, 2017 • Mark a trigger to revisiting the cap limit in two years , if it was eliminated. • Look at the potential of considering requirements/incentives for water efficient fixtures in order to minimize impact on the water system. • Hold a discussion with Enforcement regarding the reality of enforcement/not being able to enforce owner occupied ADUs . #8 . 5:31:25PM PRESENTATION FROM THE ADMINISTRATION REGARDING THE TWILIGHT CONCERT SERIES . View Attachments Sylvia Richards, Lara Fritts, and Ben Kolendar briefed the Council with attachments . Discussion was held regarding the four proposed Twilight Concert Series models, artist booking timelines, past funding sources, government non-profit status of the Arts Council Foundation, increase of artist fees, previous attendance numbers, curation ability of artists, and diversity concerns . Councilmember Penfold said the Council hinted that the idea of a volume based model might bring a more restricted demographic and a curated model might bring a more diverse demographic . He asked if the goal was about attendance or diversity of performance/diversity of audience . Council Members requested the following items from Staff: • Establish what Economic Development/the City wanted the vision of Twilight to be and how it would serve the City; • Put information into context to have a policy conversation around the intended diversity/numbers goals . #9. 5:54:00PM UPDATE OF DESIGN OPTIONS FOR THE PLANNED TRAX STOP AT THE NEW SALT LAKE CITY INTERNATIONAL AIRPORT TERMINAL AND DISCUSS THE POTENTIAL ALLOCATION OF FUNDS FOR ONE OF THE OPTIONS . View Attachments Jennifer Bruno and Russell Pack briefed the Council with attachments . Discussion was held regarding the proposed options of the new Airport Trax Line, elevation design for cars, passenger access to terminals (ticketing, transportation, baggage, etc . ) from the Trax line, parking tax/transit tax/customer facility charges as a potential use of funding, and aircraft size/concourse lengths . #10 . 6:16:23PM INTERVIEW BILL WYATT PRIOR TO CONSIDERATION OF 17 - 8 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, OCTOBER 17 , 2017 HIS APPOINTMENT AS DIRECTOR OF AIRPORTS . View Attachments Councilmember Penfold said Mr. Wyatt' s name was on the Consent Agenda for formal consideration . #11 . 6:29:49PM INTERVIEW SEAN UMIPIG PRIOR TO CONSIDERATION OF HIS APPOINTMENT TO THE HOUSING TRUST FUND ADVISORY BOARD FOR A TERM EXTENDING THROUGH DECEMBER 2 , 2019 . View Attachments Councilmember Penfold said Mr. Umipig' s name was on the Consent Agenda for formal consideration . #12 . 6:32:53PM INTERVIEW SHAUNA DOUMBIA PRIOR TO ONSIDERATION OF HER APPOINTMENT TO THE HUMAN RIGHTS COMMISSION (HRC) FOR A TERM EXTENDING THROUGH OCTOBER 17 , 2020 . View Attachments Councilmember Penfold said Ms . Doumbia' s name was on the Consent Agenda for formal consideration . #13 . INTERVIEW BRAD PALMER PRIOR TO CONSIDERATION OF HIS APPOINTMENT TO THE TRANSPORTATION ADVISORY BOARD FOR A TERM EXTENDING THROUGH OCTOBER 17 , 2021 . View Attachments Item pulled from agenda . #14 . INTERVIEW DANIEL MENDOZA PRIOR TO CONSIDERATION OF HIS APPOINTMENT TO THE TRANSPORTATION ADVISORY BOARD FOR A TERM EXTENDING THROUGH OCTOBER 17 , 2021 . View Attachments Item pulled from agenda . #15 . 6:35:00 PM INTERVIEW SUZANNE STENSAAS PRIOR TO CONSIDERATION OF HER APPOINTMENT TO THE TRANSPORTATION ADVISORY BOARD FOR A TERM EXTENDING THROUGH OCTOBER 17 , 2021 . View Attachments Councilmember Penfold said Ms . Stensaas' name was on the Consent Agenda for formal consideration . #16 . TENTATIVE NORTHWEST QUADRANT (NWQ) CHECK-IN. Item not held. #17 . REPORT OF THE EXECUTIVE DIRECTOR, INCLUDING A REVIEW OF COUNCIL INFORMATION ITEMS AND ANNOUNCEMENTS . The Council may give 17 - 9 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, OCTOBER 17 , 2017 feedback or staff direction on any item related to City Council business, including but not limited to: • Scheduling items Item not held. #18 . REPORT OF THE CHAIR AND VICE CHAIR. Item not held. #19 . CONSIDER A MOTION TO ENTER INTO CLOSED SESSION, IN KEEPING WITH UTAH CODE §52-4-205 FOR ANY ALLOWED PURPOSE . (CLOSED SESSION HELD IN ROOM 326) Item not held. The meeting adjourned at 6 : 39 p.m. COUNCIL CHAIR CITY RECORDER This document is not intended to serve as a full transcript as other items may have been discussed; please refer to the audio or video for entire content. This document along with the digital recording constitute the official minutes of the City Council Work Session meeting held October 17, 2017 . ks 17 - 10