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From YouTube: Salt Lake City Council Special Work Session 2/28/2018
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A
A
A
A
Start
but
we're
gonna
get
started
so
find
a
seat
if
you
haven't
thanks
for
joining
us
today
for
this
special
session
of
the
Salt
Lake
City
Council,
we
are
here
today
to
review
proposed
state
legislation
that
would
take
away
a
core
city
function.
That's
the
city's
land-use
Authority
in
the
northwest.
Quadrant.
The
state
bill
in
its
draft
form,
creates
a
governance
board
with
broad
Authority
and
limited
city
participation
and
no
final
accountability
from
City
elected
officials.
A
This
means
the
officials
our
city
residents
have
elected
to
represent
them
will
not
have
any
final
say
on
critical
land-use
decisions
for
more
than
24,000
acres
of
Salt
Lake
City
property,
that's
more
than
one-third
of
our
city.
For
two
years
the
city's
been
working
in
good
faith
with
the
state
and
private
property
owners
to
develop
an
infrastructure
backbone
to
serve
both
the
new
prison
and
allow
for
expansion
into
a
business
area.
We've
enacted
a
master
plan,
determined
zoning
and
established
a
redevelopment
project
area
all
with
the
support
of
private
property
owners.
A
B
A
B
B
The
best
way
to
fully
understand
where
we're
going
is
to
take
a
moment
and
really
reflect
upon
the
work
that
has
been
done
over
the
last
two
years,
because
I
think
that
since
the
prisons
been
announced,
there's
been
a
lot
of
work
that
has
been
done
by
the
city
preparing
for
the
opportunity
for
development,
and
so,
let's
start
with
a
few
of
those
items,
the
first
being
on
August
16th,
you
adopted
a
master
plan.
The
northwest,
quadrant
master
plan
establishes
future
land
use,
including
the
development
area,
development,
buffer
and
a
natural
area
for
conservation.
B
This
was
negotiated
between
private
property
owners
and
our
NGOs
in
the
community
on
October
of
2017
through
February
of
this
year
we
completed
zoning
amendments
and
those
zoning
amendments
were
adopted
to
facilitate
the
implementation
of
light
manufacturing
and
uses
that
support
the
idea
of
an
inland
port.
So
the
city
has
always
been
prepared
to
be
a
partner
in
making
sure
that
we
could
do
an
inland
port
in
January.
9Th
the
CRA
was
adopted.
B
The
community
reinvestment
area
allows
us
to
facilitate
the
use
of
tax
increment
for
project
area
development,
and
this
particular
CRA
was
looked
at
for
the
north
part
of
I-80.
While
we
were
doing
the
planning
for
north
of
I-80,
we've
always
been
mindful
of
a
vision
of
to
economic
nodes
to
be
able
to
have
two
hubs
of
economic
activity
based
on
the
intermodal
facility,
around
Union
Pacific.
We're
looking
forward
to
coming
back
and
continuing
a
conversation
about
how
to
make
sure
that
the
development
that
happens
on
the
south
side
is
as
equitable
as
it
is.
B
On
the
north
side
in
January
of
2000
2018
also
completed
the
inner
local
agreement.
The
inner
local
agreement
said
that
any
new
tax
increment,
so
new
value,
that's
created
in
the
northwest
quadrant,
would
be
captured
by
the
city
transferred
to
the
Redevelopment
Agency
for
three
specific
uses
that
being
infrastructure
fill
and
the
idea
of
incentives
for
businesses
to
come
here
if
appropriate.
B
Last
but
not
least,
we
have
completed
development
agreements.
Those
development
agreements
are
with
two
of
the
main
private
property
owners
to
the
north
of
I-80,
and
they
have
the
majority
of
the
land
holdings
in
this
area.
The
agreements
vests
the
property
owners
in
land
use
zoning
and
the
process
for
eligible
uses
of
utilizing
that
tax
increment
that
new
value
within
the
project
area,
but
Nick
kindly
reminded
me
today
that
a
lot
more
work
has
been
done,
and
some
do
you
want
to
talk
about
some
of
the
other.
Things
have
been
completed,
yeah.
C
And
I'm
gonna
I'm
going
to
talk
about
this
in
scope
of
the
bill
and
what
it
means
by
land
use,
particularly
the
appeal
authority,
section
4
of
that
code,
because
it
does
impact
long-standing
land
use
decisions
that
the
city
has
made.
That
goes
back
for
as
long
as
this
area
has
been
part
of
the
city.
So
the
map
on
this
up
on
the
screen,
the
area
in
purple
is,
is
the
jurisdictional
land
identified
in
the
in
the
bill.
And
you
can
you
give
you
an
idea
of
how
extensive
that
is
has
was
mentioned.
C
One
of
the
important
aspects
of
this
appeal
authority
section
is
that
it
basically
gives
this
port
authority
the
ability
to
a
to
hear
appeals
of
land-use
decisions,
not
just
legislative,
land-use
decisions
or
administrative,
all
land-use
decisions,
and
it's
important
to
note
that
in
the
eyes
of
state
code,
what
constitutes
a
land
use
decision?
We
talk
a
lot
about
it
being
zoning,
but
it
is
more
than
zoning.
By
definition,
it
is,
and
I'll
quote
this
definition
from
from
steak.
C
Hotel
and
use
decision
is
a
final
action
of
a
land
use,
Authority
or
appeal
Authority
regarding
a
land
use,
permit
land
use
application
or
the
enforcement
of
a
land
use,
regulation,
land
use,
permit
or
development
agreement.
What
that
means
is
our
day-to-day
administration
of
our
development
codes
suddenly
become
under
the
jurisdiction
of
this
appeal
authority.
C
So
those
fees
associated
with
building
permit
fees,
subdivision
fees
etc
can
be
appealed
as
well
under
this
Authority,
which
clearly
has
a
a
different
impact
on
on
the
city
than
just
simply
well,
not
just
simply,
but
just
dealing
with
land
use
regulations
as
well,
and
so
those
were
recent
changes
to
state
code
that
went
into
effect
last
year
that
changed
those
definitions
and
it's
a
really
important
thing
to
consider
is
that
it's,
it's
not
just
zoning
that
we're
talking
about.
It
is
basically
any
activity
associated
with
the
development
of
land
that
the
city
currently
administers.
C
I
think
it's
also
important
to
note
with
the
appeal
Authority
in
the
bill
that
there's
no
real
clarity
on
that
process.
Is
it
a
de
novo
process
or
is
it
a
review
of
the
record
that
established
the
land
use
decision?
There
does
not
appear
to
be
any
sort
of
public
process
in
terms
of
transparency,
even
requiring
public
meetings
or
anything
else,
the
under
the
the
lumo
section
of
state
code,
the
appeal
authority
requires
those
types
of
things
and
it's
well
established
in
state
in
state
law
and
as
a
city.
B
So
said,
the
Senate
bill,
234,
which
calls
for
an
inland
port
authority,
outlines
a
governance
structure
and
that
governance
structure
creates
what
is
known
as
an
inland
port
authority
to
oversee
an
inland
port
area.
The
inland
port
area
encompasses
as
council,
chairman
Mendenhall's,
so
astutely
put
Sherrod
one-third
of
the
city's
total
land
area,
and
so,
if
you
think
about
a
downtown
block
in
Salt,
Lake,
City
being
ten
acres,
this
is
twenty
four
thousand
acres.
So
hopefully
that
gives
you
some
idea.
B
You
can
see
it
on
a
map,
but
when
you
think
about
one
block
downtown
being
ten
acres
in
this
being
twenty
four
thousand,
that's
pretty
impactful.
The
authority
would
be
a
separate
political
subdivision.
With
a
nine
member
governing
board.
The
city
would
have
three
seats
on
that
board
that
would
be
appointed
by
the
mayor,
one
of
which
has
to
be
a
member
of
the
Airport
Advisory
Board.
The
second
would
be
our
a
third
position
would
be
by
adopting
by
the
City
Council.
B
So
it
calls
for
two
appointed
by
the
mayor,
one
that
has
to
be
from
the
airport,
Advisory
Board
and
then
one
from
the
City
Council
by
November.
1St
of
2018,
this
port
authority
must
hire
an
executive
director
to
manage
and
oversee
the
day-to-day
operations,
along
with
other
duties
and
powers
assigned
by
the
bill.
The
authority
has
and
I'm
gonna
quote
right
out
of
the
bill:
exclusive
jurisdiction,
responsibilities
and
power
to
coordinate
the
efforts
of
all
applicable
state
and
local
government
entities,
property
owners
and
other
private
parties
and
other
stakeholders
pretty
powerful.
B
There
are
three
areas
that
they
are
going
to
focus
on:
the
first
being
development
of
a
business
plan
to
facilitate
plan
and
develop,
as
well
as
maintain
an
inland
port
and
three
is
establish
a
Foreign,
Trade,
Zone
and
I'm
going
to
come
back
and
talk
about
that
toward
the
end.
So
clearly
our
biggest
concern
in
the
bill.
It
really
relates
back
to
land
use
and
so
I'm
gonna,
throw
it
back
to
Nick
to
talk
and
a
little
bit
more
detail
about
some
of
our
concerns
around
land
use,
I.
Think.
C
B
C
I
think
getting
back
to
the
appeals
section
is
that
the
this
port
authority
has
the
ability
to
determine
who
those
who
that
appeal
body
is.
It
can
be
themselves,
it
could
be
somebody
that
they
choose
to
to
hire.
It
could
be
their
staff
because
they
have
the
ability
to
delegate
that
any
of
their
authority
to
whatever
staff
they
may
up
having
one
of
the
one
of
the
key
points
of
that
is
that
they
also
because
this
would
authorize
them
to
to
own
land.
C
They
could
become
an
adversely
impacted
land
person
under
the
eyes
of
the
of
this
of
this
bill,
meaning
they
can
appeal
to
themselves
land
use
related
decisions,
so
they
I
think
think
about
that.
The
whole
idea
of
having
an
appeal
authority
is
to
set
up
a
quasi
judicial
system
that
will
apply
the
the
law
fairly
and
equally
and
make
sure
substantial
justice
is
done,
and
it's
hard
to
see
how
that
can
happen.
When
the
potential
person
appealing
a
decision
also
gets
to
decide
the
outcome
of
that
appeal.
B
The
beyond
land
use
there's
also
provisions
for
economic
development
tax
increment
within
the
bill
and
the
first
of
those
there's
really
five
key
points,
the
first
being
it
acknowledges
the
existing
CRA,
the
Community
Reinvestment
area
that
was
adopted
by
the
City
Council
or
the
RDA
board.
So
it
does
acknowledge
that
the
city
still
has
its
CRA,
but
it
mandates
that
the
CRA,
including
the
existing
one,
allocate
5%
of
collected
increment
and
provide
it
to
the
authority.
B
Instead
of
working
with
an
annual
budget
of
a
hundred
percent
of
the
tax
increment,
the
RDA
would
be
working
with
approximately
65
percent
after
the
five
percent
administrative
housing
and
shared
costs.
This
5
percent
provided
to
the
authority
is
also
not
subject
to
accountability
to
the
voters
of
the
city
and
that
we
think
is
really
important
to
note,
because
now
any
increment
expenditures
are
determined
by
the
Board
of
Directors,
which
are
City
Council
elected
officials,
Laura.
A
Can
I
ask
you
a
question
in
there
and
just
for
the
clarity
with
everyone
in
the
room?
I
think
not
just
myself
that
five
percent
of
tax
increment
that
the
the
body
would
be
taking
off
the
top
any
other
tax
increment
use,
is
highly
regulated
by
the
state,
correct
the
RDA
and
acting
as
the
board
of
the
RDA.
A
A
B
The
bill
also
provides
that
the
authority
funds
may
be
used
for
consulting
fees,
staff
salaries
and
other
administrative
overhead,
legal
and
operating
expenses.
The
city
has
already
accounted
for
that
as
part
of
our
the
administration
of
ten
percent
of
the
CRA,
so
this
is
almost
a
duplication
of
that
funding.
B
We
also
know
that
the
use
of
increment
is
allowed
to
be
broader
than
under
current
RDA
statute
and
sure
woman
Mendenhall.
This
goes
back
to
what
you
were
just
saying,
which
is
it
is
above
and
beyond
what
is
currently
mandated
by
state
code.
So,
for
example,
we
cannot
currently
use
increment
for
ongoing
operations,
this
particular
body
politic.
B
Could
it
provides
that
if
tax
increment
funds
are
used
outside
of
the
project
area,
approval
is
required
by
the
Salt
Lake
City,
Council,
RDA
board
and
the
authority,
so
funds
may
be
used
outside
of
a
project
area
if
the
use
of
funds
directly
benefit
the
project
area
and
the
project
is
publicly
owned
infrastructure.
However,
the
bill
would
add
the
authority
as
part
of
the
approval.
So
not
only
would
they
have
to
have
City
Council
and
RDA
board
approval,
but
then
you'd
also
have
to
have
this
new
entity
approving
use
of
tax
Berman's.
B
It
provides
for
the
establishment
of
a
foreign
trade
zone
which
we
found
a
little
surprising,
because
the
city
already
has
a
foreign
trade
zone
and
that
foreign
trade
zone
is
currently
established
and
has
additional
capacity.
We
checked
with
the
US
Department
of
Commerce
and
they
do
not
approve
overlapping
of
foreign
trade
zones
unless
it
is
determined
that
the
existing
zone
will
not
adequately
serve
the
convenience
of
Commerce.
Seeing
that
this
Kern
zone
has
additional
capacity,
we
believe
that
this
would
not
be
approved.
D
Thank
you
very
much
for
the
the
update.
I
have
a
more
technical
question
that
you
may
or
may
not
have
the
numbers
for
at
this
point.
Do
we
have
any
sense
about
a
how
many
businesses
are
currently
in
what's
proposed
here
existing
or
be
how
many
private
landowners
are
in
this
22,000
acres,
keeping
24,000
acres.
B
D
A
Anything
else,
councilmembers
I,
have
a
question
to
take.
Your
back.
Nick
I
probably
should
have
interjected
when
you
were
talking
about
the
the
lack
of
clarity
in
the
draft
bill
around
the
appeal
process
that
it
seems
that
it
seeks
to
establish
and
I
wondered
if
you
could
give
us
a
scenario
under
the
broad
state.
A
C
So
so,
right
now
any
sort
of
land
use
administrative
land
use
decision,
that's
made
in
the
city
can
be
appealed
in
it's
appealed.
We
have
three
independent
hearing
officers
that
have
a
legal
background,
particularly
in
land
use,
and
they
basically
look
at
if
it's
a
decision
of
a
commission.
They
look
at
that
record.
That
was,
that
was
part
of
that
decision-making
process.
That
includes
public
hearings,
any
sort
of
documentation
that
was
submitted.
C
They
have
three
basically
actions
that
they
can
take.
They
can
uphold
the
decision.
They
can
send
the
decision
back
to
that
commission
if
they
think
that
the
record
didn't
support
it,
and
so
they
give
that
gives
them
a
basically
a
chance
to
clarify
the
basis
for
their
decision
and
they
they
can.
They
do
have
the
authority
to
overturn
and
a
commission
decision
if
they
felt
that
the
Commission
just
simply
didn't
apply
the
standards
correctly
and
that
there's
evidence
in
the
record
to
indicate
otherwise
and
so
for
for
the
Commission
decisions.
There's
that
appeals
of
let.
C
A
With
the
Commission
decisions,
I'm
thinking
of
one
that
happened
in
the
ninth
and
ninth
area
recently,
where
the
neighborhood
didn't
like
the
appellate
decision
and
they
had
recourse
through
district
court-
am
I
correct
in
that
path,
so
that,
yes,
if
even
if
the
community
is
following
along,
they
aren't
the
applicant,
but
they
are
concerned
about
the
decisions
made
at
the
Commission
level
and
perhaps
at
the
appellate
level
there
is
still
a
judiciary
path,
the
public
path
that
can
be
taken.
That's.
C
Correct,
that's
the
hearing
officer
can
be
appealed
to
district
court,
and
so
there
is
that
that
Avenue,
the
process
is
very
similar
when
it's
a
staff
level
decision,
we
make
administrative
decisions,
dozens
of
them
every
single
day
when
we're
reviewing
building
permits,
checking
zoning
doing
all
of
those
kinds
of
things.
Those
are
also
subject
to
appeal,
and
so,
when
those
are
appealed,
they
go
to
the
appeal
hearing
officer,
there's
actually
a
public
hearing,
so
that
public
can
weigh
in
on
it
and
then
the
decision
is
process
is
very
similar
to
what
it
is.
With.
C
C
In
in
this
proposed
bill,
most
of
that
is
absent.
There's
no
reference
to
the
appeal
process.
That's
established
under
the
state
and
land
use,
Management
Act,
there's,
there's
no
sort
of
indication
of
what
happens
with
the
record.
What's
this,
the
city's
role,
who
may
have
made
that
administrative
land
use
decision?
What's
their
role
in
that?
Are
we
required
to
give
them
the
information
and
they're?
C
Not
the
the
appeal
authority
isn't
even
required
to
consider
information,
really
there's
nothing
in
the
bill
that
says
what
they
are
supposed
to
review
to
make
sure
that
a
decision
was
was
just,
but
it
does
say
is
that
it
refers
to
that
if
a
decision
was
detrimental
to
achieving
or
implementing
the
strategies,
policies
or
objectives
stated
in
1158
203,
which
are
those
strategies,
policies
and
objectives
of
the
inland
port
authority.
So
that's
their
standard,
that's
what
they
get
to
decide
on.
A
Thanks
Nick
anything
else,
council
members,
it's
a
brief
meeting,
Laura
and
Nick.
We
appreciate
your
time
and
all
the
team
behind
you
and
in
your
office's,
who
have
been
combing
with
their
fine-tooth
comb
through
this
bill
over
the
last
24
hours.
I
know
our
work
isn't
done,
and
it's
important
to
me
that
this
body
hear
the
information
together
that
we
hear
this
in
a
public
setting
and
that
we,
as
we
look
at
all
of
our
options
going
forward.
We
do
this
together.