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09/05/2017 - Work Session - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 5, 2017 The City Council met in Work Session on Tuesday, September 5, 2017, at 2 : 07 p.m. in Room 326, Committee Room, City County Building, 451 South State Street. In Attendance: Council Members Stan Penfold, Erin Mendenhall, Derek Kitchen, Charlie Luke, James Rogers, Andrew Johnston, and Lisa Adams . Staff in Attendance : Cindy Gust-Jenson, Executive Council Director; Jennifer Bruno, Executive Council Deputy Director; Patrick Leary, Mayor' s Chief of Staff; David Litvack, Mayor' s Deputy Chief of Staff; Margret Plane, City Attorney; Brian Fullmer, Council Office Liaison & Policy Analyst; Wayne Mills, Planning Manager; Chris Lee, Principal Planner; David Gellner, Principal Planner; Daniel Rip, Real Property Manager; Nick Tarbet, Council Office Policy Analyst; Jeff Snelling, City Engineer; Ben Luedtke, Council Office Policy Analyst; Michael Akerlow, Community and Neighborhoods (CAN) Deputy Director ; Michael Maloy, Senior Planner; Sylvia Richards, Council Office Policy Analyst; John Anderson, Senior Planner; Lynn Pace, Mayor' s Senior Advisor; Laura Briefer, Public Utilities Director ; Lara Fritts, Economic Development Director; Makayla Hardy, Deputy City Recorder; and Kory Solorio, Assistant City Recorder. Others in Attendance : Justin Kimball, Zoning Applicant and Matt Hilburn, Economic Development Corporation of Utah Research and Marketing Vice President. Councilmember Penfold presided at and conducted the meeting. The meeting was called to order at 2 : 07 p.m. AGENDA ITEMS #1 . 2:07:36PM BRIEFING REGARDING A RESOLUTION APPROVING THE APPOINTMENTS OF ADDITIONAL COMMISSIONERS TO THE CENTRAL WASATCH COMMISSION BOARD . View Attachments Written briefing only. #2 . 2:07:39 PM BRIEFING REGARDING A RESOLUTION RELATING TO THE CITY' S FOREIGN TRADE ZONE, WHICH IS LOCATED IN THE CITY' S NORTHWEST QUADRANT. Foreign Trade Zones are a federal financial incentive that reduces tariffs and provides other benefits for international business operations. Under the proposal, the City would submit an 17 - 1 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 5, 2017 application to have the City 's existing foreign zone operate under the Alternative Site Framework. The new operating framework would significantly cut the time it would take for business's applications to be reviewed by the federal government. Businesses within a 60-mile radius or a 90-minute drive of Salt Lake City are eligible to join the trade zone. View Attachments Written briefing only. #3. 2:07:54PM BRIEFING REGARDING A PROPOSAL TO CLOSE AND VACATE A CITY-OWNED ALLEY LOCATED ADJACENT TO 29 PROPERTIES BETWEEN 1600 EAST AND 1700 EAST AND SITUATED BETWEEN EMERSON AVENUE (1490 SOUTH) AND ROOSEVELT AVENUE (1455 SOUTH) pursuant to Petition No. PLNPCM2016-00573 . The alley has several encroachments from neighboring property owners, making it unusable as an alleyway. If the proposal is adopted, the alley would be vacated and the land would be incorporated into the neighboring residential properties along the alley. View Attachments Brian Fullmer, David Gellner, and Dan Rip briefed the Council with attachments . Discussion was held regarding the basis for the alley closure and the efficiency of the alley vacation/closure process . Council Members requested the following item from Staff: • Follow-up conversation regarding alley vacations and other potential options regarding infrastructure changes . #4 . 2:13:45PM BRIEFING REGARDING A PROPOSED ORDINANCE THAT WOULD VACATE TWO UNNAMED CITY-OWNED ALLEYS AND CLOSE AN UNIMPROVED PORTION OF DALTON AVENUE ADJACENT TO PROPERTY LOCATED AT APPROXIMATELY 408 WEST DALTON AVENUE (APPROXIMATELY 1050 SOUTH) pursuant to Petition No. PLNPCM2017-00088 . The subject alleys and street segment are not used for transportation purposes and are surrounded by parcels that are owned by the applicant. The proposal would allow the applicant to consolidate several of the parcels for a potential residential or commercial development. If the proposal is adopted, the property will be sold at fair market value. View Attachments Brian Fullmer, Wayne Mills, Chris Lee, and Justin Kimball briefed the Council with attachments . Discussion was held regarding the distinction between vacating a street at fair mark value versus no cost options and setting up an account for money absorbed from the fair market sale of alleyways to be used for 17 - 2 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 5, 2017 alleyway improvements . Council Members requested the following item from Staff: • Follow-up regarding setting up an account for money absorbed from the fair market sale of alleyways to be used for alleyway improvements/maintenance . #5 . 2:18:26 PM BRIEFING REGARDING THE CITY' S CAPITAL IMPROVEMENT PROJECTS (CIP) , WHICH 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 Ben Luedtke, Mike Akerlow, Jennifer Bruno, and Jeff Snelling briefed the Council with attachments . Discussion was held regarding the 1999 Debt Management Resolution (red-line version) , CIP projects located in Redevelopment Agency project areas, impact fee eligibility requirements for CIP projects, impact fee expenditures, delegation of authority levels, Roadway Selection Committee, citizen requests, timeline for draft status, eligibility for Parks/Streets impact fees, Fairmont Park impact fees, timeframe for pending projects, scope changes for Glendale Irrigation and Multi-purpose Field Improvements, cost savings for CIP projects, secondary water irrigation funding, potential East West Community Connections Redevelopment Agency funding, Westside Gateway Plan, Pocket Park projects, Americans with Disabilities Act (ADA) accessibility in City parks, and rail crossing reconfiguration for quiet zones . Councilmember Penfold asked fellow councilmembers to identify funding sources if they wished to fund anything from the General Fund and identify any projects they did not wish to move forward with based off recommendations from the Mayor and the Roadway Selection Committee. Council Members requested the following items from Staff: • Explore the Cemetery' s contract for assessing/repairing original historic walls for preservation. • Follow-up on the Miller Park Trail ADA Access Improvements and Historic Structure Preservation Project in regards to ADA compliance/access . • Consult with the Administration concerning the deciding and financial factors for the 500 South to 700 South at 4900 West Bridge Project. 17 - 3 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 5, 2017 • Cost Breakdown of the Fairmont Park Recreation and Lighting Improvements Project. • More information regarding the City' s liability issues for the Navigational Hazard Mitigation: Jordan River Water Trail at 900 South Project. • Review Sunnyside Park Concessions Stand Project for opportunities to lower proposed cost. #6 . 3:19:01PM BRIEFING REGARDINGAN ORDINANCE THAT WOULD AMEND THE CITY'S ACCESSORY DWELLING UNIT (ADU) REGULATIONS pursuant to Petition No. PLNPCM2014-00447 . The amendments would generally allow ADUs west of Canyon Road, south of South Temple, west of 1300 East and south of I-80. Currently, new ADU permits are only available for properties located % mile or less from a fixed transit stop. Additionally, the amendments will limit the number of ADU permits issued per year to 25. The Administration recently sent the Council additional information in response to questions Council Members asked during the last briefing in January. View Attachments Nick Tarbet, Wayne Mills, and Michael Maloy briefed the Council with attachments . Discussion was held regarding Airbnb issues in relation to ADUs, distinguishing Airbnb' s from ADUs, owner occupancy requirements, ADU bedroom size requirements, 2017 Legislative session regarding ADU bills and concern with limiting the City' s ability to regulate ADU' s, short-term rental issues including lack of regulation language in the proposed ordinance, standard notification of the ADU application process/timeline, proposed ADU boundaries/allowing ADUs citywide, supply/demand for permits per district, and reporting mechanisms . Councilmember Luke referenced a handout with suggested amendments to the proposed ordinance including amendments for 30 to 60 day notification of an ADU application. He said the Council could review the amendments to see if any were suitable to consider. View Handout A 6-1 Straw Poll was taken and failed to remove the owner occupancy requirement from the entire ADU ordinance. All Council Members were opposed except Councilmember Kitchen, who was in favor. A 5-2 Straw Poll was taken and failed to increase (in the new proposal) off-street parking requirements to one parking stall for 17 - 4 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 5, 2017 a one bedroom unit, and two parking stalls for two bedroom units . Council Members Penfold, Mendenhall, Rogers, Kitchen, and Johnston opposed; Council Members Adams and Luke in favor . A unanimous Straw Poll was taken in support of notifying abutting property owners of an ADU application. A 5-2 Straw Poll was taken in support of specifying an application and Administrative review process of ADU applications including notification of abutting property owners and allowing 30 days for property owners to respond. Council Members Penfold, Mendenhall, Rogers, Adams, and Luke in favor; Council Members Johnston and Kitchen opposed. A unanimous Straw Poll was taken and failed to reclassify ADUs as special exceptions which would require amending section 21A. 52 . 030 . A 5-2 Straw Poll was taken in support of notifying property owners across the street of an ADU application. Council Members Penfold, Rogers, Johnston, Adams, and Luke in favor; Council Members Mendenhall and Kitchen opposed. A 4-3 Straw Poll was taken in support of changing the proposed boundaries where ADUs could be located to allow ADUs Citywide. Council Members Roger, Johnston, Kitchen, and Mendenhall were in favor; Council Members Adams, Penfold, and Luke opposed. A 5-2 Straw Poll was taken in support of the current proposal to allow 25 ADU units per year Citywide. Council Members Johnston, Penfold, Kitchen, Luke, and Adams in favor; Council Members Rogers and Mendenhall opposed. Councilmember Luke explained he voted to support the proposed permitted maximum of 25 ADUs per year Citywide, although it was against the best interest of his district and he believed it would create a bad precedence, he thought it was the best thing to do . A 6-1 Straw Poll was taken and in support of eliminating exceptions to the maximum annual permitted limit of 25 ADUs allowed per year. All Council Members were in favor except Councilmember Kitchen, who was opposed. A 4-3 Straw Poll was taken if support of not allowing parking waivers for ADUs . Council Members Rogers, Mendenhall, Adams, and 17 - 5 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 5, 2017 Luke in favor; Council Members Penfold, Kitchen, and Johnston opposed. Council Members requested the following items from Staff : • Clarification/options of owner occupancy requirements for properties owned by two or more people (i .e . through a trust) . • Have Legal review additional amendments made by the current Council . • Suggestions/options for a reporting format and timeline for property owners • Track (going forward) applications which were not approved due to height requirements . • Flag/track adoption of the Transit Master Plan in order to modify the ADU ordinance to reflect the adopted language . • Add a component to the ordinance requiring reporting of a timeline component and a mechanism/format. #7 . 4:52:48PM BRIEFING REGARDING A PUBLIC BENEFITS ANALYSIS OF A REQUEST TO WAIVE CITY FEES ASSOCIATED WITH THE RECONSTRUCTION OF THE SALT LAKE COUNTY HEALTH DEPARTMENT' S SALT LAKE CITY PUBLIC HEALTH CENTER LOCATED AT 610 SOUTH 200 EAST. View Attachments Sylvia Richards and Patrick Leary briefed the Council with attachments . Discussion was held regarding district design goals, setting a precedence by waiving fees, and policy discussions . #8 . 5:36:57 PM BRIEFING REGARDING AN ORDINANCE AMENDING THE ZONING MAP FOR PROPERTY LOCATED AT APPROXIMATELY 603 SOUTH 600 EAST STREET TO REZONE THE PARCEL FROM RMF-30 LOW DENSITY MULTI- FAMILY RESIDENTIAL DISTRICT TO R-MU-35 RESIDENTIAL/MIXED USE DISTRICT pursuant to Petition No . PLNPCM2017-00373 . The proposal would allow the petitioner to develop a multi-family building with 24 residential units. Current ordinance would only allow three residential units. Although the applicant has requested that the properties be zoned R-MU-35 Residential/Mixed Use District, consideration may be given to rezoning the properties to another zoning district with similar characteristics. View Attachments Nick Tarbet and Michael Maloy briefed the Council with attachments . Discussion was held regarding rezoning options for vacant land. #9. 5:40:52 PM BRIEFING REGARDING AN ORDINANCE AMENDING THE CITY' S REGULATIONS FOR SIGNAGE AROUND VIVINT SMART HOME ARENA, THE SPORTS BLOCK BETWEEN SOUTH TEMPLE AND 100 SOUTH STREETS AND 300 17 - 6 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 5, 2017 AND 400 WEST STREETS pursuant to Petition No . PLNPCM2017-00407 . The proposal would allow for more and larger signs on the block. View Attachments Nick Tarbet and Michael Maloy briefed the Council with attachments . Discussion was held regarding a unique sign package for the sports arena, surrounding block overlay, electronic changeable copy signs, practice facility signage, signs distracting drivers, Downtown Master Plan inclusion, liquor licensing challenges, and on premise signage applications . #10 . 4:59:47PM BRIEFING REGARDING AN UPDATE ABOUT THE CITY' S NORTHWEST QUADRANT, WHICH IS COMPRISED OF 28,000 ACRES OF LAND WEST OF INTERSTATE 15 AND NORTH OF INTERSTATE 80 . The Administration will update the Council about projects relating to the relocation of the Utah State Prison and various economic development efforts. View Attachments Lynn Pace, Lara Fritts, and Laura Briefer briefed the Council with attachments . Discussion was held regarding the current timeline for construction of the new prison, sewer/water line construction, infrastructure funding, State involvement, zoning changes, impact fees, development costs, air quality issues, and a potential cargo port. Council Members requested the following item from Staff: • Check the Inland Port Analysis Request for Proposal (RFP) for an air quality component. #11 . 6:08:11PM BRIEFING REGARDING THE FINDINGS OF A BUSINESS SURVEY THAT WAS CONDUCTED BY THE ECONOMIC DEVELOPMENT CORPORATION OF UTAH AND THE CITY' S DEPARTMENT OF ECONOMIC DEVELOPMENT. The survey was sent to 5, 797 businesses and received 813 responses. The purpose of the survey was to identify key characteristics of businesses expanding in Salt Lake City, determine key barriers to growth for Salt Lake City businesses, identify potential solutions that stakeholders can help solve, and understand Salt Lake City's value proposition to the existing business base. View Attachments Lara Fritts and Matt Hilburn briefed the Council with attachments . Discussion was held regarding research objectives, exportation of goods, expansion probabilities, statistical significance of responses, Salt Lake City' s rankings among local businesses, quality of life responses, odds ratio for leaving the City, key barriers to growth, talent recruitment difficulties, air 17 - 7 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 5, 2017 quality concerns among business owners, and the City' s business- friendly status . #12 . UPDATE FROM THE ADMINISTRATION REGARDING HOMELESS SERVICES . Item not held. #13 . 5:55:04PM INTERVIEW EDWARD MAKOWSKI 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. Makowski' s name was on the Consent Agenda for formal consideration . #14 . 5:55:04PM INTERVIEW TODD ERSKINE 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. Erskine' s name was on the Consent Agenda for formal consideration. #15 . 6:01:11PM 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 17-5 for Announcements #16 . REPORT OF THE CHAIR AND VICE CHAIR. Item not held. #17 . CONSIDER A MOTION TO ENTER INTO CLOSED SESSION, IN KEEPING WITH UTAH CODE §52-4-205 ANY ALLOWED PURPOSE . Item not held. The Work Session meeting adjourned at 6 : 32 COUNCIL CHAIR 17 - 8 MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, SEPTEMBER 5, 2017 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 September 5, 2017 . mh 17 - 9