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09/06/2022 - Work Session - MinutesThe City Council of Salt Lake City, Utah, met in Work Session on Tuesday, September 6, 2022. The following Council Members were present: Ana Valdemoros, Amy Fowler, Darin Mano, Chris Wharton, Daniel Dugan, Victoria Petro, Alejandro Puy Present Legislative leadership: Cindy Gust-Jenson, Executive Director; Jennifer Bruno, Deputy Director; Lehua Weaver, Associate Deputy Director Present Administrative leadership: Mayor Erin Mendenhall; Rachel Otto, Chief of Staff; Lisa Shaffer, Chief Administrative Officer Present City Staff: Ben Luedtke – Senior Public Policy Analyst, Blake Thomas – Community & Neighborhoods Director, Katie Lewis – City Attorney, Chief Karl Lieb – Fire Chief, Cindy Lou Trishman – Salt Lake City Recorder, Andrew Johnston – Director of Homelessness Policy and Outreach, Nannette Larsen – Principal Planner, Laura Briefer – Public Utilities Director, Mary Beth Thompson – Chief Financial Officer, Allison Rowland – Public Policy Analyst, Moana Uluave- Hafoka – Equity Manager, Weston Clark – Mayor's Office Senior Advisor, Tammy Hunsaker – Department of Community and Neighborhoods, Matthew Brown – Minutes & Records Clerk, Gabby Romney – Executive Assistant to the Mayor, Roberta Reichgelt – Business Development Director, Michaela Oktay – Assistant Planning Director Council Member Dugan presided at and conducted the meeting. The meeting was called to order at 2:00 pm. Work Session Items 1.Informational: Updates from the Administration ~ 2:00 p.m. 30 min. The Council will receive information from the Administration on major items or projects in progress. Topics may relate to major events or emergencies (if needed), services and resources related to people experiencing homelessness, active public engagement efforts, and projects or staffing updates from City Departments, or other items as appropriate. Minutes: Mayor Mendenhall thanked the Council and introduced Gabby Romney who provided a COVID-19 update: • Cases in Utah are down 17% in the last two weeks • The CDC and FDA have granted emergency use authorization for updated COVID- 19 boosters targeting the newest omicron strain MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, September 6, 2022 1 • People 18 and older are eligible for a single does of the Moderna booster if it has been two months since they received their most recent booster • 12 and over are eligible for a single dose of the updated Pfizer booster if it has been two months since they received their most recent booster • Across the board decreases in hospitalizations and case counts • Monkeypox vaccines are not widely available and are being reserved for people most at risk Weston Clark provided an engagement update: •www.slc.gov/feedback/ is regularly updated with engagement • Early stages of engagement for 3 neighborhood byways – Sugar House to University, Kensington, and Westpointe • Public utilities projects – the State Street waterline is complete and the South Temple storm drain rehab is nearing completion Andrew Johnston provided a homelessness update: • 97% occupancy at resource centers • Cooling centers are available county-wide map available at endutahhomelessness.org/salt-lake-valley/cooling-centers/ • Salt Lake county was focusing abatements at City parks and Rapid Intervention team is focusing near the river, on the westside, and near schools • Resource fair in Pioneer Park on September 9, 2022 • Kayak Court on September 16, 2022 Council Member Petro-Eschler asked about the scheduling of rapid intervention team in certain areas Andrew Johnston explained that the Rapid Intervention team works with County officials to ensure that funds and staff are available for cleaning on weekdays, so the team is scheduled to go places that are known to have a lot of congregating. 2.Informational: Equity Update ~ 2:30 p.m. 20 min. The Council will hold a discussion about various initiatives led by the City's Office of Equity and Inclusion. These initiatives include, but are not limited to, improving racial equity and justice in policing. Discussion may also include updates on the City's other work to achieve equitable service delivery, decision-making, and community engagement through the Citywide Equity Plan, increased ADA resources, language access, and other topics addressed in the ongoing work of the Human Rights Commission and the Racial Equity in Policing Commission. Minutes: Moana Ulu’ave-Hafoka provided an equity update: • Human Rights Commission (HRC) meeting beginning at 5:30 PM on September 6, 2022 • Racial Equity in Policing Commission (REP) meeting will be held on September 8, 2022 at 5:30 PM MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, September 6, 2022 2 • Both commissions are working on providing recommendations to fill current vacancies • Department of Equity and Inclusion team and the Human Rights Commission are developing a framework for the intersectional gender equity analysis • REP and HRC annual reports will be coming by the end of the year • Introduced and welcomed new equity liaison, Michelle Mooney • Language Access, Americans with Disabilities Act, and Equity Plan updates will be presented to the Council in October 3.Informational: Initial Discussion of Legislative Intents for Fiscal Year 2022-23 ~ 2:50 p.m. 45 min. The Council will hold the first of three planned briefings on its Legislative Intent statements for Fiscal Year 2022-23. Legislative Intents are formal requests the Council makes of the Administration that are adopted along with the annual budget. This briefing will consist of conversations with the Administration designed to exchange any preliminary information and feedback needed to clarify each Intent. In addition, the Council will review and consider staff recommendations for closing some previous years’ intents. Minutes: Allison Rowland gave an overview of the objectives of this update and explained that a 2 briefing will be held early next year. Council Members and various City employees discussed the following legislative intents: • FY23 Boarded Building Fee – Council Members expressed appreciation for the timeliness of this intent, asked for a timeline on this item, and asked if this item requires a budget amendment or an ordinance to complete ◦Katie Lewis explained that the financial analysis has been completed and that the Attorneys can begin work on an ordinance for transmittal. Mary Beth Thompson explained that this item will be a standalone ordinance. • FY21 Decriminalization Review of City Code – Katie Lewis explained that this item is a long term project, but emphasized the Attorney office’s commitment to the project. Council Member Fowler asked if there is a timeline for this project and if there could be a briefing on this issue ◦ Katie Lewis explained that the Attorney’s office will put together a report and provide it to staff this fall. • FY23 Free Fare in Winter Months – Council Members noted discussions with the Utah Transit Authority (UTA), clarified recent free fare days, and requested data for ridership for K-12 students and teachers. ◦ Allison Rowland mentioned that the request for data will be forwarded to the Transportation division. nd MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, September 6, 2022 3 • FY23 Expediting Traffic Calming Projects – Council Members noted that residents have requested traffic calming in their areas, asked if there is a way for residents to learn about current traffic calming projects, and requested information about quick action solutions ◦Blake Thomas explained that new full time employees (FTE) will help work to create public facing products that will make citizen requests easier and that they will report back with more information on quick action projects. • FY23 Youth and Family Program Streamlining – Council Member Petro-Eschler noted continued interest. • FY23 Tenant Ombudsman – Council members noted that this a useful resource for tenants, asked about benefits for tenants and landlords, and requested information about the associated trainings. ◦ Mary Beth Thompson answered that landlords are required to do training every 3 years, there is no requirement for tenants, and the training is done by the Apartment Association . • FY23 Consolidated Fee Schedule Holistic Review – Council Members asked if this is likely to be ready during the next budget season, ◦ Mary Beth Thompson explained that the Finance department completes a cost analysis to update the fees and asked for clarity on the scope of the review. Jennifer Bruno noted that council staff will work to clarify the scope for this item. • FY23 Fire Department Costs – Council Members asked about recouping costs from the University of Utah ◦Chief Lieb explained that in 2021 the fire department had allocated $1.2 Million to the University of Utah. Jennifer Bruno noted that Council staff will add recouping these costs to their check-in with the lobbying team. Chief Lieb explained that they regularly bill entities to recoup the costs of handling hazardous materials and that the fire department is evaluating the potential of utilizing electrified fire vehicles. • FY23 Evaluating Efficiencies across Diversified Response Teams – Mayor Mendenhall thanked the Council for their cooperation on this project and explained that there has been progress in rolling out all of these teams. Council Member Dugan asked about the downtown ambassadors program and asked if there could be a future update. ◦ Mayor Mendenhall noted that the administration can provide an update at a future meeting and that they are interested in working with the Council to develop a dashboard that makes this information more accessible. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, September 6, 2022 4 • FY23 Water Usage by the City – Council Members discussed the scope of the intent and the possibility of differential pricing for water fees ◦Laura Briefer noted that the department is willing to expand the scope of the intent and that the department is engaging in a rate structure analysis. • FY23 New Programs and Capital Accounts Review – Jennifer Bruno clarified that this intent focuses on re-evaluating timing during the budget process. • FY23 Prioritize Equity and Variety of Professional Opportunities – Council Member Puy noted specific interest in this issue. • FY23 Sustainability Holding Account – Rachel Otto noted that Sustainability staff has been coordinating with the Council to answer questions about the project listed in this intent. • FY23 Rotating Outside Auditing of Each City Department – Jennifer Bruno explained that council staff has began working on this item. • FY22 Golf Fund Update – Council Member Dugan asked about alcohol sales on a golf course ◦ Allison Rowland noted that they will discuss this with the Golf division. (EDLF) – Kahve Cafe 15 min. The Council will receive a briefing about an ordinance that would approve a $50,000 loan for Kahve Café, LLC from the Economic Development Loan Fund. This loan will assist in the creation of five new jobs in the next year and retention of five current jobs. Minutes: Allison Rowland provided a brief overview of the ordinance and explained that the ordinance would approve a $50,000 loan for Kahve Cafe from the Economic Development Loan Fund (EDLF). Roberta Reichgelt described Kahve Cafe and Will Wright explained that the funding is looking to increase production for their products. Council Member Valdemoros noted a personal connection with the owner of the cafe and expressed confidence in the cafe’s ability to grow. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, September 6, 2022 5 4.Ordinance: Economic Development Revolving Loan Fund ~ 3:35 p.m. 5.Tentative Break ~ 3:50 p.m. 20 min. 6.Informational: Water Conservation and Landscaping Regulations Report ~ 4:10 p.m. 30 min. The Council will receive a briefing about the Water Conservation and Landscaping Regulations Report. The goal of the report is to provide information regarding how the zoning code regulates landscaping and identify changes that could promote the conservation of water and increase public awareness of landscaping regulations. Minutes: Michaela Oktay presented the stated purpose of the report and described the reasons for having landscape regulations. They then provided an overview of the following relevant regulations: • Park strip regulations – 33% vegetation coverage is required; 33% is lower than comparable cities. • Yard regulations – Front and corner side landscaped yards also require a 33% vegetation coverage and other permeable materials are acceptable • Buffer regulations – Used to buffer the edge of properties; trees, shrubs, and ground cover are generally required • Water wise – Commercial, industrial, multi-family, and larger residential subdivisions require the use of hydro zones to meet watering system requirements • Parking lots – Lots with more than 15 stalls have landscaping requirements to reduce heat island effect • Scenic highway buffer – Required along interstates and highways (e.g., Bangerter) • Other regulations – screening of dumpsters, auto sales lots, park strips, view in driveways, zoning district regulations Michaela Oktay then outlined specific instances of goals not aligning with the actual existing code, and the amount of time to investigate the conflicts. The department is requesting Council direction on the preparation of an ordinance addressing current code– what are the priorities, are minimum coverages correct, should artificial turf be allowed, how to reduce administrative costs, and how to simplify code. Council Members discussed the following items as potential priorities: • The reduction grass in parking strips instead prioritizing trees and drought resistant grass • The importance of simplicity in the code • Tree canopy fulfilling vegetation coverage requirements • Potential of utilizing artificial turf and a desire to receive more information about it • High prioritization of water conservation • Possibility of utilizing different measures for required plant coverage – potentially considering usage of maximums rather than minimums • Creation of a blacklist of restricted materials • Reducing the allowed amount of non-functional grass Nannette Larson explained that they are hoping ot have an ordinance prepared before next spring. Laura Briefer noted that this ordinance will help implement new state MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, September 6, 2022 6 policies. 7.Resolution: Reviewing the Public Benefits Analysis for The Other Side Village Pilot Project at 1850 West Indiana Avenue and Considering a Resolution to Authorize the Lease Rate and Term ~ 4:40 p.m. 45 min. The Council will receive a briefing about a resolution that would authorize the Lease Rate and Term for The Other Side Village Pilot Project at 1850 West Indiana Avenue. This would allow the City to enter into a 40-year below-market ground lease agreement with The Other Side Academy, a Utah nonprofit corporation, in order to facilitate the construction of a tiny home village with approximately 54 units of affordable housing. Minutes: Allison Rowland presented an introduction to the public benefit analysis for The Other Side Village Pilot Project. The Other Side Academy (TOSA) would lease the area for 40 years at $1 per year. TOSA has agreed to pay for all costs to remediate the site of the pilot project, which includes part of the former landfill, as well as the costs of development and operation of the pilot project Tammy Hunsaker presented the following aspects of the project: • Project overview – The administration worked with TOSA to establish the pilot project that includes recovery housing and supportive services for individuals that have been impacted by homelessness • Housing and Supportive services – individuals to live in the village must meet the Housing and Urban Division’s (HUD) definition of chronically homeless, have income of 30% of annual median income (AMI), and have been homeless in the Salt Lake area. The maximum rents will be 25% AMI (currently $448 a month) • 60 homes for permanent housing, 25 stand alone hotel units, neighborhood center, social enterprise building, mental and medical health clinic, and landscaping • Capital sources – The majority of costs will be covered by in-kind work and donations, $2.2 million in cash has been committed and received, another $3.1 in cash has been pledged, and the remaining balance is either committed or expected to be received through in-kind assets and services • By 2026, TOSA anticipates that the village will be financially sustainable and will be able to operate without donations • Public Benefits – Environmental remediation, activation of underutilized property, and economic development • assurances and commitments – Financial Commitment for Development Cost Shortfall: up to $5,000,000 and Financial Commitment for Annual Operating Shortfall: up to $1,000,000 per year (review) • Below-Market land lease – Utah Code §10-8-2(1)(a)(v) states that a municipality may “authorize municipal services or other non-monetary assistance to be provided to a nonprofit entity, whether or not the municipality receives consideration in return.” The City Council may waive fair-market rental rates but must first hold a public hearing. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, September 6, 2022 7 Council Members asked the following questions: • What happens if annual operating shortfall goes over $1 Million ◦ Tammy Hunsaker explained that TOSA would be responsible for operating costs • The City’s options for terminating the lease agreement if commitments aren’t met ◦ Tammy Hunsaker explained that requirements would be included in the lease and if they are not met it would be considered a default. Katie Lewis explained that the City could include documents that provide a right to purchase the improvements made by TOSA if they fail to meet requirements • If the units will be ADA and Fair Housing Act compliant ◦ Tammy Hunsaker answered that TOSA has agreed to comply with all applicable fair housing laws • If there are specific success indicators in the pilot project ◦ Tammy Hunsaker explained that specifics haven’t yet been created, but the three key areas are financial success, impact on homeless individuals, and neighborhood impacts • If the City is prepared for the needed infrastructure investments ◦ Blake Thomas explained that TOSA has met with the transportation division, the UTA, and other entities to ensure that there is adequate infrastructure • Why the lease was set for 40 years and if there was consideration for a shorter term and shorter evaluation period ◦ Tammy Hunsaker explained that 40 years came from the administration's discussions with TOSA and is attributed to the large amount of investment that will be made by TOSA to improve the area • If specific benchmarks will be included in the agreement ◦ Tammy Hunsaker explained that they can meet with TOSA to create these benchmarks and they will communicate those benchmarks with the Council when they are established • What costs will be associated with securing and maintaining the property ◦ Allison Rowland clarified that the Cities responsibility for is to the parcels that are outside of the project area. Council Member Puy asked about securing the other parcels and what mechanisms may be needed to prevent things like camping. • If there could be a market built to support the community • How TOSA’s revenue figures were calculated and the organizations confidence in those numbers ◦ Blake Thomas explained that they have also asked TOSA to verify their revenue and that the organization cited multiple market studies to justify their figures • If the project has been presented to community councils ◦ Tammy Hunsaker explained that they haven’t presented, but that they could work on that. Council Member Puy noted that TOSA had been present at some community councils in the past Council Member Mano stated that they are unsure of their opinion on this project, so public feedback will be critical to make a decision. The Council Member also noted that a shorter lease term and only rezoning the pilot area would make them more likely to vote yes to the project. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, September 6, 2022 8 Council Member Puy noted interest in having multiple reviews if the project were to begin. The Council member also stated that they don’t want to halt the process to wait for the project to be presented to community councils. Council Member Valdemoros stressed the importance of transparency in the process. Council Member Dugan noted that the City Council has the ability to hold off on making any decisions if needed. 8. Follow-up The Council will 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 2022-23. 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 transportation impact fees for reconstructing streets, pedestrian and bicycle improvements to the 600 North/700 North corridor transformation project, Governmental Immunity fund adjustment, and transferring money from the Economic Development Revolving Loan Fund (EDLF) among other things. Minutes: Ben Luedtke explained that the Council continued public hearing on this item and that this public hearing is occurring at the upcoming formal meeting. There were 2 items adopted at the August 16, 2022 meeting all other items remain open. The State provided an update for the award amount for the Homeless Shelter Cities Mitigation grant. The City will receive $2.75 Million in one-time funding from this grant. This will be used to fund 13 new full time employees. There are 2 new items that have been added by the Council: • Item I4 – an adjustment to the governmental immunity fund by $2 Million • Item I5- is related to the creation of the Outdoor Business Activity Grant 9.Resolution: Creation of Outdoor Business Activity Grant Program Follow-up Written Briefing - The Council will receive a written briefing about a resolution creating the Outdoor Business Activity Grant Program and program guidelines. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, September 6, 2022 9 Ordinance: Budget Amendment No. 1 for Fiscal Year 2022-23 ~ 5:25 p.m. 15 mins. Minutes: Written Briefing only 10.Board Appointment: Parks, Natural Lands, Urban Forestry, and Trails (PNUT) Advisory Board – Meridith Benally ~ 5:40 p.m. 5 min The Council will interview Meridith Benally prior to considering appointment to the PNUT Board for a term ending September 6, 2025. Minutes: Interview was held. Council Member Dugan said Meridith Benally’s name was on the Consent Agenda for formal consideration. 11.Board Appointment: Police Civilian Review Board – Kelbe Goupil ~ 5:45 p.m. 5 min The Council will interview Kelbe Goupil prior to considering appointment to the Police Civilian Review Board for a term ending September 1, 2025. Minutes: Interview was held. Council Member Dugan said Kelbe Goupil’s name was on the Consent Agenda for formal consideration. 12.Board Appointment: Police Civilian Review Board – Stephanie Finley ~ 5:50 p.m. 5 min The Council will interview Stephanie Finley prior to considering appointment to the Police Civilian Review Board for a term ending September 1, 2025. Minutes: Interview was held. Council Member Dugan said Stephanie Finley’s name was on the Consent Agenda for formal consideration. 13.Board Appointment: Police Civilian Review Board – Annie Barton TENTATIVE 5 min The Council will interview Annie Barton prior to considering appointment to the Police Civilian Review Board for a term ending September 1, 2025. Minutes: Item not held MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, September 6, 2022 10 14.Report of the Chair and Vice Chair Report of Chair and Vice Chair. Minutes: Item not held 15.Report and Announcements from the Executive Director - - 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; • Changes to the November Meetings; • Travel Question; and • Scheduling Items. Minutes: Jennifer Bruno provided the following announcements: The meetings for November have been updated due to Election Day and the Board of Canvassers. The meetings for November will be November 15 which will consist of a work session and formal meeting and November 22 which will be a board of canvassers meeting, but a work session can be held if the Council will be available. Council Member Petro-Eschler is requesting to travel for the Inland Port Board Meeting in Cedar City on October 12, 2022. 16.Tentative Closed Session - - The Council will consider a motion to enter into Closed Session. A closed meeting described under Section 52-4-205 may be held for specific purposes including, but not limited to: a. discussion of the character, professional competence, or physical or mental health of an individual; b. strategy sessions to discuss collective bargaining; c. strategy sessions to discuss pending or reasonably imminent litigation; d. strategy sessions to discuss the purchase, exchange, or lease of real property, including any form of a water right or water shares, if public discussion of the transaction would: (i) disclose the appraisal or estimated value of the property under consideration; or (ii) prevent the public body from completing the transaction on the best possible terms; e. strategy sessions to discuss the sale of real property, including any form of a water right or water shares, if: (i) public discussion of the transaction would: MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, September 6, 2022 11 Standing Items (A) disclose the appraisal or estimated value of the property under consideration; or (B) prevent the public body from completing the transaction on the best possible terms; (ii) the public body previously gave public notice that the property would be offered for sale; and (iii) the terms of the sale are publicly disclosed before the public body approves the sale; f. discussion regarding deployment of security personnel, devices, or systems; and g. investigative proceedings regarding allegations of criminal misconduct. A closed meeting may also be held for attorney-client matters that are privileged pursuant to Utah Code § 78B-1-137, and for other lawful purposes that satisfy the pertinent requirements of the Utah Open and Public Meetings Act. Minutes: Item not held Meeting adjourned at 5:37 pm. Minutes Approved: November 10, 2022 _______________________________ City 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). To listen to the audio recording of the meeting or view meeting materials, please visit Salt Lake City Public Body Minutes library, available at www.data.slc.gov, selecting the Public Body Minutes hyperlink. If you are viewing this file in the Minutes library, use the links on the right of your screen within the ‘Document Relationships’ information to listen to the audio or view meeting materials. This document along with the digital recording constitutes the official minutes of the City Council Work Session meeting held Tuesday, September 6, 2022. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, September 6, 2022 12 WS September 6, 2022 Final Audit Report 2023-01-31 Created:2023-01-27 By:Michelle Barney (michelle.barney@slcgov.com) Status:Signed Transaction ID:CBJCHBCAABAAOULJIhF-Gil6ezwjGnkGR1GBHa5XvxWt "WS September 6, 2022" History Document created by Michelle Barney (michelle.barney@slcgov.com) 2023-01-27 - 6:54:36 PM GMT Document emailed to Darin Mano (darin.mano@slcgov.com) for signature 2023-01-27 - 6:55:17 PM GMT Email viewed by Darin Mano (darin.mano@slcgov.com) 2023-01-28 - 1:04:24 AM GMT Email viewed by Darin Mano (darin.mano@slcgov.com) 2023-01-30 - 4:25:36 AM GMT Document e-signed by Darin Mano (darin.mano@slcgov.com) Signature Date: 2023-01-30 - 6:44:28 PM GMT - Time Source: server Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature 2023-01-30 - 6:44:29 PM GMT Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com) Signature Date: 2023-01-31 - 0:48:29 AM GMT - Time Source: server Agreement completed. 2023-01-31 - 0:48:29 AM GMT