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09/11/2018 - Work Session - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 11 , 2018 The City Council met in Work Session on Tuesday, September 11, 2018, in Room 326, Committee Room, City County Building, 451 South State Street. In Attendance: Council Members Erin Mendenhall, Derek Kitchen, Chris Wharton, James Rogers, Charlie Luke, Andrew Johnston, and Amy Fowler. Staff in Attendance : Cindy Gust-Jenson, Council Executive Director; Patrick Leary, Mayor' s Chief of Staff; Margaret Plane, City Attorney; Nick Tarbet, Council Senior Public Policy Analyst; Samuel Owen, Council Budget/Policy Analyst; Mary Beth Thompson, Finance Director; John Vuyk, Budget Manager; Benjamin Luedtke, Council Public Policy Analyst; Nick Norris, Planning Director; Debbie Lyons, Sustainability Program Director; Tyler Poulson, Sustainability Senior Energy Climate Program Manager; Sylvia Richards, Council Public Policy Analyst; Laura Briefer, Public Utilities Director; Lisa Shaffer, Public Services Director; Mike Reberg, Community and Neighborhoods Director; Lance Allen, Sustainability Waste and Recycling Director; Sophia Nicholas, Sustainability Community Manager; Leah Smith, Special Events Administrative Assistant; and Scott Crandall, Deputy City Recorder. Guests in Attendance: Val Hale, Governor' s Office of Economic Development (GOED) ; Deeda Seed, Coalition for Port Reform; Dorothy Owen, Westpointe Community Council Chair; Scott Williams, HEAL Utah Executive Director; Jessica Reimer, HEAL Utah Policy Associate; Deborah Burney-Sigman, BREATHE Utah Executive Director; State Senator Luz Escamilla, State Representative Sandra Hollins, and State Representative Angela Romero. Council Members Wharton and Mendenhall presided at and conducted the meeting. The meeting was called to order at 2 : 09 p .m. AGENDA ITEMS Moment of Silence for 9/11 victims . 2:10:05PM #1 . 2:11:43PM HOLD A FACT-FINDING SESSION ABOUT THE INLAND PORT. Community members and stakeholders will present on issues pertaining to local government, sustainability, economic development, and planning for future impacts to the City budget 18 - 1 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 11 , 2018 and City resources. Participants in the discussion may include local Legislators, representatives from the Governor's Office of Economic Development, local advocacy groups and representatives from the City Administration. This is the third of three fact- finding sessions on the Inland Port. During the first discussion on August 21, the Council was provided a general overview of the Northwest Quadrant's Inland Port Authority Board, the Board's subcommittees, and the future steps for advancing the development of the Port. During the September 4 briefing, presenters discussed topics such as best practices for establishing a successful vision for the Inland Port, impacts to local government and environmental policies. View Attachments 2:12:05 PM Val Hale briefed the Council . Comments included potential to impact economy for generations, project being planned and developed correctly to be successful, utilizing consultants in exploratory phase, finding ways to make the Salt Lake City (SLC) port distinctly different from other ports, trains/other freight carriers must arrive full/leave full for venture to be successful, multiple transportation modes, imperative to utilize correct business types to ensure success (GOED would play a vital role in process) , transparency/open public meetings, analyzing other successful ports around the country, utilizing best practices to determine exactly what the port should look like/be, studying environmental impacts, utilize modern/automated technology (electric vehicles) , reducing carbon emitting vehicles, job opportunities, economic growth, collaboration/investment needed to develop a successful port, minimizing growth impact on community, and hiring an Inland Port Authority Board (IPAB) executive director. Councilmember Wharton asked if a business plan needed to be in place before taking additional steps or could that be done jointly. Mr. Hale said he thought the business/strategic plan needed to be done upfront . He said the Board did not know what the port was actually going to be or look like so a lot of study, collaboration, utilization of consultants, visiting other ports, etc. was needed. He said an executive director needed to be in place to get the process started. Councilmember Kitchen said he appreciated a number of Mr. Hale' s points and agreed about environmental concerns and the opportunity to do this right with best practices nationally and globally (even better than best practices) . He asked about GOED' s plans to attract businesses . Mr. Hale said the port would be 18 - 2 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 11 , 2018 attractive to many companies, but he felt a clean manufacturing company was an ideal target (one which would not have a huge impact on the environment) . He said a number of companies had already expressed interest in the port even though there had not been any advertisement/promotion. He said he thought GOED, in consultation with the IPAB, would identify a number of projects (both in and out of State) . Councilmember Kitchen said a better understanding was needed about the economic development role each participating entities would play (GOED, SLC, Salt Lake County, Redevelopment Agency (RDA) , IPAB, etc. ) and when each one needed to step up. Mr. Hale said GOED needed to communicate closely with all participants early in the process and clearly explain what was being considered. He said a collaborative effort was needed in order to have a successful port. Councilmember Rogers said there would be a lot of impact on Council Districts 1 and 2 and asked how the State could make this a win for westside residents . Mr. Hale said development needed to be done in specific ways to minimize negative impacts such as traffic and air pollution (impossible to do without any impact) . He said the State needed to help residents understand the benefits of job creation, increased salaries, and economic development. Councilmember Johnston said his residents expressed concerns about the IPAB being transparent, environmental impacts, air quality, and congestion from increased rail/interstate traffic. He asked what GOED could or could not advocate for. Mr. Hale said he thought the State would look at infrastructure opportunities to minimize the impact on neighborhoods such as building rail over or under roads to allow better traffic flow. Councilmember Johnston asked if GOED had an official stance on IPAB meetings . Mr. Hale said GOED did not have an official stance but appointees of the Governor were advocating for transparency and thought that was the direction they were headed. Councilmember Wharton talked about transparency and attracting businesses without having a business plan in place. He asked Mr. Hale to let State/Board representatives know his constituents were concerned about 1) ensuring IPAB/Subcommittee meetings were open to the public and 2) air quality/environmental issues were addressed. 2:34:37PM Deeda Seed briefed the Council . Comments included 18 - 3 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 11 , 2018 setting example of transparency by holding open public meetings, area being difficult to develop, major migratory bird habitat, lack of transit connectivity, prison proposal changing everything, prison proposal being over budget (not able to provide any infrastructure) , port would be subsidizing infrastructure, development needing to adhere to City values, Council involvement, healthy communities, sustainability policies (creating sustainable development) , engage local/national/international experts, scenario planning, baseline monitoring (identify what currently existed) , need for environmental impact statement/health impact assessment, budget analysis, deliberations/decisions made through completely open/transparent process, high level of public distrust about proposal, successful development would not harm air quality, no clean ports in the United States, some west coast ports currently retrofitting to become net-zero emission ports (billions of dollars) , getting the process right from the beginning, potential impact of 600 to 1, 800 new diesel truck trips per day, 16 new double-stack trains (adding to current train traffic) , commit to zero emissions/net-zero port now, thinking expansively and ensuring the use of cutting edge technology, eliminating use of fossil fuels, storing/transporting coal, oil/gas issues, oil tank farm/pipelines, reevaluate need for a rail yard (problematic if located on old landfill - mitigation issues) , identifying size of port (supersized or modest) , successful development should not harm wildlife/birds, Great Salt Lake being under tremendous stress, mosquito abatement (don' t eliminate wildlife food source) , impact of climate change, importance of Great Salt Lake as bird sanctuary (300 species/10 million birds) , evaluation/monitoring of light, noise, water, dust/air quality, building design, and traffic congestion, successful development should not harm neighbors (residents/prisoners) , open process where accurate information was shared with the public (back and forth dialog) , no reliable data that port would generate well-paying jobs (good job analysis needed) . Ms . Seed said all of these issues had to be addressed and asked the Council to hold to the City' s values and prevent harm to air, water, land, and people. Councilmember Kitchen thanked Ms . Seed for her continued efforts/engagement in community issues . Councilmember Johnston asked about costs associated with retrofitting existing west coast ports . Ms . Seed said Long Beach Port was approximately $10 billion. She said advice from port experts was to do this right from the beginning by utilizing cutting edge technology/electrification, cost benefit analysis, and incentivizing LEED certified building, etc. (spend more now to have clean air and a better port) . 18 - 4 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 11 , 2018 Councilmember Wharton asked if a port existed that would be the closest to what SLC might envision. Ms . Seed said port experts told her the best examples existed in Northern Europe (Port of Rotterdam) . She said the City could analyze technologies being proposed to retrofit Long Beach and Oakland ports and implement them immediately in SLC. 2:56:02PM Dorothy Owen briefed the Council . Comments included the changing nature of Community Councils (CCs) , impact on CCs being more technical/demanding (explore different ways to address new problems/routine tasks) , Westpoint CC having expertise on several important issues (mosquitos/abatement/budgetary impact, water, etc. ) , deliberate community engagement/surveys (concern about what community engagement would really look like) , CCs wanting to have a voice on the IPAB, other important district issues could get lost with intense focus on port development, continue to monitor what was going on with the new prison (not just a State problem) , State not being good about community engagement, local expertise needed on community engagement, organizing a number of groups to address issues created by the port, finding innovative ways to utilize groups/resources, better community newsletters (funding) , being ingenious about community engagement opportunities, restore/build community trust, reconsider policy to provide better zoning notification (question/answer type notification) , and opportunity for the City to show renewed interest in the NWQ. 3:19:24PM Scott Williams and Jessica Reimer briefed the Council with attachments . Comments included environmental impacts from major development projects (emissions to air, water, soil, etc. ) , resource consumption, waste production, noise/light pollution, effects on ecosystems/habitat/biodiversity, addressing specific concerns/recommendations, construction impacts would differ from impacts of ongoing operations (two phase approach needed) , survey of 27 inland ports in Europe revealed number one concern was relationship with local communities/trust issues, other concerns were air/water quality, port expansion, garbage/port waste (shipping/transportation waste) , soil contamination, hazardous cargo, noise issues, and energy consumption, identify problems which had already been solved to avoid duplicating efforts (collect/analyze existing data) , first question being what would/should an inland port look like, understand governance model, who made/implemented decisions, port performance accountability, environmental regulations, decisions needed regarding overlapping jurisdictional issues related to 18 - 5 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 11 , 2018 environmental issues (who' s regulations would be used, who would provide inspections and enforcement, etc. ) , robust environmental monitoring program, performance indicators/targets, some baselines such as air quality already exceeding federal thresholds, transparent publication of performance indicators, accountability/funding to ensure performance compliance, developing a Community Advisory Committee (CAC) and Environmental Planning Advisory Committee (EPAC) (ensuring engagement from beginning) , who would fund inspectors (ensure adequate inspection) , increased traffic, important regulatory and compliance issues (constant monitoring throughout port development) , mitigation measures, State Implementation Plan (SIP) (required by federal Clean Air Act) , air quality consistently not meeting federal standards, Rose Park monitoring station being the only monitoring station in NWQ, emissions recommendations, conduct a nonattainment emissions impact assessment prior to construction, conduct on-site air emissions monitoring and share data publicly, requiring/incentivizing higher-tiered heavy-duty trucks and equipment, supplying electrical hook-ups for trucks to reduce/eliminate idling (putting idling/emissions restrictions on trucks) , limiting fuel types, electrifying transportation and operations as much as possible, public transportation service should directly serve the port to increase accessibility for workers, have clean fleet available for employee use, transit shuttle for employees/surrounding businesses, analyzing travel patterns, offering premium spots for carpool/electric vehicles, reducing transit pass costs, biking programs, power generation/energy efficiency, switch from coal/oil to gas and renewable energy, employ renewable power purchasing programs, collaborate with utilities to reduce long-term port energy usage, track building energy use, port-wide energy use audit, creating a renewable-supported micro-grid, using the most energy efficient materials in design and construction, installing LED lights and photosensitive switches, achieving LEED certification, installing high-efficiency/low-emissions boilers/hot water heaters, hazardous waste (define best practices, worker health and safety) , audit tools for port sustainability (have local experts analyze applicability to SLC) , 400 of the country' s coal being produced by Wyoming (exporting to foreign markets through port) , and chemical commerce moving through port/SLC (understanding impact of chemicals/hazardous waste on environment/workers/residents) . 3:42:12 PM Deborah Burney-Sigman briefed the Council with attachments . Comments included Salt Lake County Air Shed (nonattainment area) , impact of air quality on resident' s (quality 18 - 6 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 11 , 2018 of life) , ability to attract/retain businesses, disproportionate impact of air pollution, legal issues, air emissions/pollution regulations/EPA, legal limitation on five different air pollutants, State in final stages of preparing a plan to be submitted for EPA approval (demonstrating ability for Utah to live within its means in terms of air quality) , catalog/inventory what was being put into the air, creating models to address air quality issues, consequences of exceeding standards (potential for more stringent EPA requirements) , port air quality feasibility study (could a port be built and meet EPA standards, scenario planning, air pollution not being included in initial feasibility study (uncertainty if any scenario existed where the State could even build/run a port and stay within legal air pollution limits) , Utah State Implementation Plan (SIP) currently out for public comment, no State control over on-road mobile source emissions (excluding trains, airplanes, etc. ) , influence vehicle types through transportation and land use decisions (transit/trail investments) , and no existing budget for port modeling. Ms . Burney-Sigman said the State had a certain budget it had to live within or risk the penalty of losing highway funding. She said it was important to start a process now to calculate whether a port was even possible under current EPA standards (determine constraints/investment needed to stay within budget) . Councilmember Kitchen asked when the implementation plan would be submitted to EPA. She said it was actually due last December but the State received EPA approval to submit late (December 31, 2018) . Councilmember Kitchen asked about other measures the EPA could take besides withholding highways funds . Ms . Reimer said additionally, they could make it harder for small businesses/industrial businesses to implement technologies . Discussion was held on air quality attainment levels (Rose Park monitor) . Ms . Reimer said the current standard was 35 . 5 micrograms per cubic meter which needed to be met 95% per year to meet attainment requirements . Mr. Williams said random weather patterns also impacted ability to reach mandated compliance. Councilmember Wharton asked when the State might expect sanctions to be implemented. Ms . Reimer said under the plan the State should be in compliance by the end of 2019 . She said if that target was not met, the State would receive a five-year extension to 2024 . She said however every year after 2019, an additional 5% reduction from all regulated sources would be added to the 18 - 7 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 11 , 2018 attainment goal . She said there was still some time before highway funds came under scrutiny or any other required controls were put in place . She said five years was not that far away so it would become relevant rather quickly. Ms . Burney-Sigman said that was why discussions needed to be high-level and at the front end of a major project like the port. Councilmember Wharton asked what the Council could do within their authority to help mitigate issues . Mr. Williams said he thought the best thing was to ensure (especially with Councilmember Rogers being on the IPAB) air quality issues did not get sidelined while economic development discussions were taking place (process issues together) . Councilmember Johnston said he thought the question was, could the State build/run an inland port (currently undefined) and attain and maintain federal air quality standards . He asked about the potential to develop an inland port model . Ms . Burney-Sigman said there was a limited number of Wasatch Front Regional Council (WFRC) and Utah Department of Air Quality (DAQ) staff members available to do modeling. She said a lot of research was needed regarding a variety of technologies that would change the outcome of various models . She said WFRC/DAQ also did not have staff to address legal questions/issues . Mr. Williams said environmental consultants (private/public) could be utilized to help with modeling. Councilmember Johnston expressed concerns about increasing pressure on air quality attainment by adding more vehicles, travel, etc. associated with a new port . He said he thought it was important to advocate strongly for some modeling based on the SIP as much as possible . Mr. Williams said the SIP only addressed issues the State had the ability to regulate . He said that would eliminate construction, vehicle, and railroad emissions to reach attainment. Ms . Reimer said another route to pursue attainment was incentives which they were currently looking at. Note: The Work Session meeting recessed at 4 : 17 p.m. and reconvened at 6 : 06 p.m. to accommodate the Redevelopment Agency meeting. Councilmember Mendenhall conducted the remaining Work Session items . #2 . 6:06:25 PM Northwest Quadrant Fact-Finding continued: Inland Port Authority Board Meetings, Transparency, and Environmental Components . View Attachments 18 - 8 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 11 , 2018 Patrick Leary, Laura Briefer, Lisa Shaffer, and Mike Reberg briefed the Council with attachments . Mr. Leary said the Administration delivered the attached document to the Council earlier today in response to questions posed by the Council . He said he thought the Council probably did not have time to review it but Staff was available to answer questions . Councilmember Johnston said the question about who would own and/or manage the right-of-ways across the entire area needed to be addressed. Councilmember Mendenhall asked Ms . Shaffer and Ms . Briefer to talk about how to address development/utilize impact fees in the NWQ where there was currently little or no development. Ms . Briefer said an impact fee analysis was needed to address such a large area which currently had very limited water, sewer, and storm water drainage services . She said the timing was right for Public Utilities (PU) to update their major conveyance studies relating to water supplies and felt significant coordination was needed with IPAB. She said they were also in the middle of a sewer treatment plant upgrade where a high level of coordination would be very helpful . Ms . Shaffer said given the size of the area, she thought a satellite office would be needed to efficiently provide essential services/maintenance for new amenities such as roads, open space/parks/trails, medians, etc. She said it was important to be involved in conversations/planning early on in order to deliver goods/services in the most efficient, economical and ecologically sensitive way possible . She said she thought it would not be sustainable or responsible to transport equipment and personnel from current City facilities . Discussion was held about having conversations with the Utah Department of Transportation (UDOT) /WFRC. Mr. Reberg said conversations were needed about road infrastructure/cost sharing. He said approximately $160 million of road infrastructure was needed north of Interstate 80 (I-80) and another $60 million going south of the port (identify specific needs and costs) . He said he thought those conversations needed to happen as soon as possible with IPAB. Councilmember Mendenhall said earlier briefings with Natalie Gochnour, David Eccles School of Business/Kem Gardner Policy Institute, talked about the benefits of modeling and creating scenarios across the spectrum to consider the pros/cons with any 18 - 9 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 11 , 2018 given scenario. She said she thought City departments could provide a great deal of expertise/knowledge to any number of scenarios . Mr. Reberg said the Council would receive an update later this month regarding amendments to the Master Streets Plan which talked about infrastructure north of I-80/NWQ (what arterials/collectors would look like/what should happen out there) . Ms . Briefer said in light of the major conveyance water supply/demand study being completed this fall, PU wanted to explore scenarios in terms of what future land uses were in the NWQ. She said it was important to ensure the water supply to that area was done correctly in terms of land use. Councilmember Rogers said he understood the State would be responsible for all infrastructure improvements related to the new prison (sewer, water, etc. ) and asked if that was still the case. Ms . Briefer said yes . Councilmember Rogers asked if the City heard anything specific from the State about future expansion in the NWQ/inland port regarding infrastructure, roads, etc. Ms . Briefer said she had not heard anything specific. Councilmember Rogers asked if that was because Ms . Briefer was not available to meet with them or was instructed not to. Ms . Briefer said she was not instructed to not meet with them and felt now was the appropriate time to start meeting with IPAB to figure out a collaborative process to address infrastructure needs . She said PU systems took many years to plan and wanted to ensure they were evaluating scenarios that were realistic and reflected the needs of that area. Councilmember Rogers asked if discrepancies between the State and City regarding water delivery entry points had been resolved. Ms . Briefer said yes and explained there was agreement on water/sewer infrastructure . She said PU also had a Storm Water Master Plan in place for the area north of I-80 . Councilmember Mendenhall said she felt it would be advantageous to port development for City departments to be aware and engage in conversations with the IPAB, UDOT, WFRC, and others about infrastructure needs, police, fire, roadways, etc. early on in the process . Councilmember Johnston said a lot of planning associated with the port was being done by the City (internal processes being delayed) and asked if hours/resources were being tracked/cataloged for later discussions about reimbursement from the IPAB. Mr. Leary said he thought that was something Finance was working on (not 18 - 10 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 11 , 2018 reflected in the handout) . He said he did not know if an actual tracking system was in place but Finance was paying attention to that. 6:27:32 PM Senator Escamilla, Representative Hollins, and Representative Romero briefed the Council . Comments presented by Senator Escamilla included importance of having a process to receive information/different perspectives, proposed legislation for upcoming 2019 Legislative Session (7 to 10 bills every year over the next 15 years) , constituent concerns about various aspects of the port, working with environmental specialists and higher education institutions to develop baseline data related to various environmental issues, development always having consequences, ongoing prison/port construction adversely affecting environment (primarily air quality but also sound, light, and water quality) , installing a robust network of PM2 . 5 and Ozone Sensors to provide adequate data (most critical part of proposed legislation) , information must be provided to the public through a very transparent process (ensuring data would be used for public policy purposes) , analyzing baseline data to track detrimental impact on ecosystems/air quality in NWQ, analyzing the difference between construction/development and ongoing operations, removing old landfill could potentially damage the Great Salt Lake and other water sources (create baseline to monitor water pollution) , increasing traffic from trains/trucks/commuters (street upgrades needed) , increased traffic and construction activities would add to noise and air pollution (adverse effect on community) , lengthy processes needed to address changes, development/port operations adding to amount/intensity of light pollution, and light emissions being associated with negative health hazards such as disrupted cardiac rhythms and cancer (add to baseline - direct correlation studies) . 6:37:05PM Representative Hollins comments included concerns about the impact the port would have on her district and City in general, housing issues (impact on westside community) , job opportunities created by prison and port, potential for labor shortage could force employers to look outside the State (how would that impact westside housing) , displacing middle class housing, impact on senior citizens (being priced out of housing) , potential for mixed-income/diverse housing, would there be livable wages (who would have access to those) , ensuring a pathway for livable wages, and how would schools be impacted by population increase (teacher shortage) . 18 - 11 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 11 , 2018 6:40:45 PM Representative Romero' s comments included Union Pacific' s role in port development/operations, City/State needing to work with Union Pacific to address traffic issues (look at freight-switcher technology) , acceptable types of cargo, and collaborating with UDOT/UTA to address transportation issues (expand trax and bus service, etc. ) Further discussion/questions were held about the Council' s role in the process, establishing a baseline for air quality monitoring (priority legislation for additional stations/costs between $350, 000 and $1 million) , establishing other baseline data for water, sewer, noise, light pollution, construction, traffic, etc. , potential legislation to address transparency issues (open public board/subcommittee meetings) , and working collaboratively (State/City) to provide environmental protections/public safety concerns, restoring the public' s trust, and ensuring constituents were fully involved in the decision making process . Councilmember Mendenhall talked about the Mountain View Corridor development being used as an example to establish a baseline for air quality monitoring/changes . She said getting monitoring stations installed now was urgent in order to collect enough significant data for a baseline . She said as the Air Quality Board Chair, she invited State Representatives to attend/speak at the Board' s next meeting in October (date/time would be provided) . #3. 7:01:15 PM RECEIVE A FOLLOW-UP BRIEFING REGARDING AN ORDINANCE THAT WOULD AMEND THE CITY' S ACCESSORY DWELLING UNIT (ADU) REGULATIONS PURSUANT TO PETITION NO. PLNPCM2014-00447 . 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. Currently, new ADU permits are only available for properties located a half mile or less from a fixed rail transit stop. The proposal would: • Allow ADUs citywide o as conditional uses in the FR (Foothill Residential District) and R-1 (Single Family Residential) zoning districts. o as permitted uses in all other residential zoning districts that already allow duplexes, triplexes, and multi-family as permitted uses. • Prohibit ADUs from being used as short-term rentals. • Require properties with ADUs to have a deed restriction stating that the owner must occupy the property. 18 - 12 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 11 , 2018 • Create different standards for Attached and Detached ADUs. • Change the wording of some standards for clarity. • Add design standards to address compatibility with principle structures. View Attachments Nick Tarbet and Nick Norris briefed the Council with attachments . Mr. Tarbet provided background information. Discussion was held on the following categories identified in the proposal : 1. Parking. Mr. Norris reviewed current requirements/recommended changes including pros/cons about various options . Straw Poll: Support for Planning Department' s recommendation listed in the attachment. All Council Members were in favor, except Councilmember Luke who was opposed. 2 . Existing Windows . Councilmember Rogers requested clarification. Mr. Norris said attached and detached ADUs had to comply with egress requirements (health/safety issue) . 3. Owner Occupancy. Mr. Norris reviewed current requirements/recommended changes . He said the impetus for the change was because the current ordinance was very limiting in what would qualify as an owner/occupant . Comments about proposed changes included difficulty with enforcement (especially when family members were involved) , requirements too restrictive, largest barrier to ADU creation, not being a best practice, legal issues, how to mitigate worst-case-scenario, potential for very few applications (small niche of the market) , and existing illegal ADUs . Straw Poll: Support for having no owner occupant requirements . Council Members Rogers, Luke, Wharton, and Mendenhall were opposed. Council Members Fowler, Kitchen, and Johnston were in favor. Straw Poll: Support for Planning Department' s recommendation listed in the attachment. All Council Members were in favor, except Councilmember Luke who was opposed. 4 . Maximum Footprint for Detached ADUs . Mr. Norris reviewed current requirements/recommended changes . Councilmember Kitchen asked about other square footage requirements . Mr. Norris said 18 - 13 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 11 , 2018 that was a larger issue that needed a separate discussion. Straw Poll: Support for Planning Department' s recommendation as listed in the attachment. All Council Members were in favor. 5. Entrance Requirements/ADU Visual Guide. Mr. Norris reviewed recommended changes . He said requirements would be easier to understand visually so an illustrated ADU guidebook was being prepared. Straw Poll: Support for Planning Department' s recommendation as listed in the attachment. All Council Members were in favor. Councilmember Luke asked Council Members to review/consider written comments he received from a constituent regarding ADUs (Dennis Eyre) . Councilmember Mendenhall said public hearings were scheduled for October 2 and 16, 2018 . #4 . 7:52:53PM RECEIVE AN UPDATE FROM THE ADMINISTRATION ABOUT TWO RENEWABLE ENERGY PROJECTS THE CITY IS PURSUING. The first is an effort to power 500 of municipal operations from renewable energy sources by 2020. The second is a collaboration with Rocky Mountain Power (RMP) and other partners on the development of Utah legislation that would enable participating communities to pursue a 100o renewable energy portfolio to power all electricity users within City limits by 2032. Both these efforts are the focus of a joint resolution the Council adopted with Mayor Jackie Biskupski in 2016. View Attachments Samuel Owen, Tyler Poulson, and Debbie Lyons briefed the Council with attachments . Mr. Poulson provided background information. Comments included Request-for-Proposal (RFP) , necessary changes to State legislation (facilitate community transition toward 100% renewable electricity/net-goal) , collaborative effort, utility regulations, creating a Renewable Standard Office Service, shifting costs to other rate payers prohibited, net-financial impact of new projects needing to be accounted for by communities desiring them, participating communities needing to remain responsible for existing resources (already constructed by RMP) , strong oversight maintained by Public Service Commission (PSC) throughout the process of project creation and rate design, and maintaining ability for customers to remain on Current Rate Standard Offer service . 18 - 14 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 11 , 2018 Mr. Poulson provided further information about the City' s commitment to power 500 of municipal operations from renewable energy sources by 2020 . He said the City was collaborating with RMP on a process/RFP (including five other interested organizations) to attain that goal . He said the RFP would be filed with the PSC after receiving approval and going out to public bid in early 2019 . He said following that, would include evaluating how rates would impact municipal utility bills . He said the project was envisioned to be constructed, owned, and operated by a third party entity (participating communities and organizations would then contract with that entity) . He said the actual financial impact would be included on City utility bills (potentially 2021) . He said the Administration would come back for Council review/approval when additional information/clarity was available on financial impacts . Councilmember Mendenhall said she appreciated the efforts and collaboration with RMP and thought these processes were some of the most progressive anywhere in the Country. #5 . 8:03:15PM RECEIVE A BRIEFING REGARDING THE CITY' S CAPITAL IMPROVEMENT PROGRAM (CIP) . Capital Improvement projects involve the construction, purchase or renovation of buildings, parks, streets or other physical structures. Generally, projects have a useful life of five or more years and cost $50, 000 or more. View Attachments Item pulled. #6 . 8:03:42PM RECEIVE A FOLLOW-UP BRIEFING ABOUT 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. Some items in this budget amendment are a proposed consolidation of the Airport Police into the Salt Lake City Police Department as a new Bureau, and a Council requested update about the City's new Call-2-Haul bulk waste removal program. (Budget Amendment No. 1) . View Attachments Benjamin Luedtke, Sylvia Richards, Mary Beth Thompson, John Vuyk, Mike Reberg, Debbie Lyons, Lance Allen, Sophia Nicholas, and Leah Smith briefed the Council with attachments . Mr. Luedtke provided information about the amendment . Discussion was held on the following categories listed in the attachment. 18 - 15 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 11 , 2018 Impact Fee Update: Mr. Luedtke said there were some upcoming trigger dates to refund impact fees ($1 . 5 million for streets and $1 . 1 million for Police) . He said although the Council appropriated funding, it was not actually encumbered until contracts were in place (six-year clock to spend funds continuing to run) . Discussion was held on the impact fee chart in the attachment. Councilmember Mendenhall requested adding an additional column showing when the Administration planned to execute specific contracts . Ms . Thompson said she could add another column showing what projects had actually been encumbered. Councilmember Fowler requested two additional columns showing how much was or was not encumbered and scheduled refund dates . Ms . Thompson said regarding streets, the Administration needed to update the Impact Fee Plan (IFP) which she thought was being worked on. She said impact fees for streets were being refunded because the City ran out of IFP projects . Further discussion included Council frustration about not having updated IFPs to utilize available funds, ongoing issues to facilitate a new eastside police precinct ($1 million being refunded, high land costs, potential to use City-owned property, exploring partnerships to share space in a future development) , potential to hire consultant to help update fee plans, potential to include Crime Lab as an eligible use of police impact fees (plan update needed) , and impact fees being a complicated process . Councilmember Mendenhall asked when the Council could expect to receive updated plans to avoid costly refunds . Mr. Reberg said the Administration could provide an amendment to the street plan shortly. Councilmember Mendenhall asked about updating the Police impact fee plan to include the Crime Lab. Mr. Reberg said there had only been conversations about updating the streets plan but he would talk to the Administration about adding the Crime Lab. Councilmember Rogers suggested hiring a consultant to help update the Police impact fee plan (less costly than losing $1 million) . He said he thought a policy was needed that would require impact fees to be refunded if there was no intention to use them. Councilmember Kitchen asked about interest earnings on impact fees . Ms . Thompson said interest was being accrued. Mr. Luedtke said he understood impact fee refunds had to include interest earnings . 18 - 16 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 11 , 2018 I-2 . Salt Lake City' s 2018 Special Election Administration Costs ($TBD Source: Fund Balance) . Mr. Luedtke said there would likely be additional expenses related to enhanced outreach for the Special Bond Election. Ms . Thompson said she would provide information to Council tomorrow (approximately $130, 000 to $190, 000) . Mr. Luedtke said, if the Bond passed, certain costs would be eligible to be reimbursed from Bond proceeds . I-3 . 8:25:22 PM Homeless Resource Center Fee Refund Request ($515 ,203) . Mr. Luedtke provided a summary of the item. No questions/objections were raised. I-4 . 8:26:15PM Utility Bill Payments for City-owned Vacant Properties ($200,000 - Surplus Land Fund) . Mr. Luedtke provided a summary. Councilmember Luke asked how close the Administration was to providing Council with a list showing/identifying all properties currently owned by the City. Mr. Reberg said he thought conversations were taking place in the Mayor' s Office and would be available following that. Councilmember Luke said having that information would be very helpful to the Council . Straw Poll: Support requesting the Administration provide a full inventory of all properties owned by SLC Corporation (working list not formally validated) . All Council Members were in favor. Mr. Reberg said the Administration was fine with providing a working list but was concerned about transmitting something formal that might not be completely accurate/verified. Mr. Luedtke said RDA properties would not be included because they were tracked separately. I-5. 8:35:14PM Call-2-Haul Additional Funding ($TBD) . Mr. Luedtke provided a summary including four policy questions . Mr. Allen and Ms . Nicholas provided additional information about the program. Comments included new program better for environment (protecting storm water/other systems) , education and outreach needed to change behavior, problems with initial roll-out (staffing and equipment) , high request volume creating backlog, better tracking of illegal dumping, responding to residents feedback, communication/outreach efforts, understaffed call center, phone lines not working (overloaded with too many calls) , utilizing surveys/community councils, and digital/visual communications . Council Members expressed concern/frustration with the number of constituent calls they received complaining about the new system. Comments included more calls/complaints over Call2Haul 18 - 17 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 11 , 2018 then any other City issue, increased illegal dumping, additional impacts on storm water system, spot cleanups (unconventional pickup patterns) , Council being left out of the process from beginning, additional preparations should have been made to handle numerous calls, program not performing as planned/sold to residents, program understaffed, yard waste not polluting storm system any worse than annual road salt, City being a service provider (residents experiencing decrease in service) , potential for residents to leave/store waste in their yards or moving it to other locations (vacant lots, etc. ) . Councilmember Luke said he would not support additional funding and wanted the Department to make the program work the way it was sold to residents . Mr. Allen said no additional staff or resources were currently needed. Councilmember Luke said he hoped the Administration would at least be open to exploring different solutions/ways to implement waste pick-up in areas where the Call2Haul program clearly was not working. Councilmember Johnston said his residents were happy with the new program. He said there could be unintended consequences long- term and wanted to see some flexibility/education to help residents identify appropriate resources (landfill vouchers, utilizing private companies, etc. ) . He said he wanted to track the program for a longer period to see how it was working (make appropriate adjustments) . Councilmember Wharton said all the feedback he received was negative and expressed concern about how this year' s rollout would impact resident' s behavior next year (would they turn to illegal dumping) . Councilmember Mendenhall said she agreed the Department completely failed to anticipate the volume of calls and steps were needed to ensure the City was prepared for next year. She said she also wanted the Administration to bifurcate illegal dumping from residential pickups . She said it was not fair to residents who followed the rules to have their pickups delayed because the Department was out picking up illegal items (identify another group for that) . Discussion was held on how often clean-up crews would impact neighborhoods . Mr. Allen said once they caught up from the overwhelming number of calls they received, crews would only be in neighborhoods once a month. Ms . Gust-Jenson asked how Council Staff 18 - 18 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 11 , 2018 should respond to constituents who called in a pickup request but had not received a response yet. Mr. Allen said he was not aware of that situation and asked the Council to forward those names to him. Mr. Luedtke said this issue would be tracked for an update during the annual budget. A-3. 9:11:56PM Jazz Festival Budget Amendment Request. Mr. Luedtke said answers to four prior Council questions were included in the attachment along with three policy questions . Ms . Smith provided background information about the proposal . Comments included forgoing educational component to focus solely on next year' s festival, ongoing study about potential need for a year- round engagement opportunity (gage market for specific demands) , task group selected through a Request for Proposal (RFP) to help develop a determination and collect data from festival attendees, Council participation in RFP process, lowering costs by removing educational component, developing programs to better fit City needs, cost recovery fees, transparency/accountability, and diversity/inclusiveness . Councilmember Wharton expressed concern about the potential to negatively impact other festivals (Arts, Pride, etc. ) . He said rising City costs were making it difficult for festival providers to continue holding events (competition for same funding) . Ms . Smith said the Administration shared that concern and was exploring solutions to bring back for Council consideration (more holistic approach) . She said she would compile feedback received by the Mayor' s Office from organizations requesting more diverse programming and specifically suggesting Jazz music as an area to consider and send that information to Council . Further discussion was held about the RFP being exclusively for a Jazz Festival, who would oversee the proposal (potentially Arts Council with increased Staff) , RFP would include specific programmatic elements and areas the City wanted to track for success metrics, etc. , Mayor' s Office assisting until Arts Council was fully staffed, and assembling a selection committee to adequately review qualitied providers . Councilmember Mendenhall requested feedback from the Arts Council about their vision of how the proposal fit into arts programming and also into their projected future capacity based on current Staff budget and program management (contextualize the Jazz Festival into the portfolio of arts offerings that the City coordinated through the Arts Council) . 18 - 19 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 11 , 2018 Mr. Luedtke said Staff was also expecting a gap analysis of existing arts programming to be completed next year which would help contextualize existing programs . He said the 2015 arts programming survey was not shared with the Council (earlier version to be updated next year) . Councilmember Mendenhall asked Mr. Leudtke to check with the Administration to see if they intended to share the updated survey with the Council . Mr. Luedtke said he would and reiterated the Council' s ability to make the appropriation contingent on receiving the study. #7 . 9:28:59 PM REPORT AND ANNOUNCEMENTS FROM THE EXECUTIVE DIRECTOR. Report of the Executive Director, including a review of Council information items and announcements. The Council may provide 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 . #8 . 9:32:35 PM REPORT OF THE CHAIR AND VICE CHAIR. The Council recognized Police Officer Jeff Bedard for his 20- years of City service and upcoming retirement . #9 . (TENTATIVE) CONSIDER A MOTION TO ENTER INTO CLOSED SESSION, IN KEEPING WITH UTAH CODE §52-4-205 FOR ANY ALLOWED PURPOSE . Item not held. The Work Session meeting adjourned at 9 : 36 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) . 18 - 20 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 11 , 2018 This document along with the digital recording constitute the official minutes of the City Council Work Session meeting held September 11, 2018 . sc 18 - 21