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10/15/2002 - Minutes (2)
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 15, 2002 The City Council of Salt Lake City, Utah, met in a Work Session on Tuesday, October 15, 2002, at 5:30 p.m. in Room 326, City Council Office, City County Building, 451 South State Street. In Attendance: Council Members Carlton Christensen, Eric Jergensen, Nancy Saxton, Jill Remington Love, Dave Buhler, Dale Lambert and Van Turner. Also in Attendance: Mayor Ross C. "Rocky" Anderson; Rocky Fluhart, Chief Administrative Officer; David Nimkin, Chief of Staff; D J Baxter, Mayor's Senior Advisor; Steven Allred, Acting City Attorney; Cindy Gust-Jenson, Executive Council Director; Gary Mumford, Council Deputy Director/Senior Legislative Auditor; Janice Jardine, Council Planning & Policy Analyst; Michael Sears, Council Budget & Policy Analyst; Brent Wilde, Planning Deputy Director; Doug Dansie, Downtown/Special Projects Planner; Alison Weyher; Community and Economic Development Director; Rick Graham, Public Services Director; Sheila Yorkin, Gallivan/Events Manager; Steve Fawcett, Management Services Deputy Director; Alison McFarlane, Economic Development Manager; Gordon Hoskins, City Controller; Janet Wolf, Director of Youth Programs; Annette Daley, Community Relations Coordinator; David Greer, Police Association President; Lamont Nelson, Fleet Division Manager; Romney Stewart, Salt Lake Valley Solid Waste Management Facility Director, Tim Harpst, Transportation Director; and Pam Johnson, Deputy City Recorder. Councilmember Buhler presided at and conducted the meeting. The meeting was called to order at 5:32 p.m. AGENDA ITEMS #1. REPORT OF THE EXECUTIVE DIRECTOR, INCLUDING REVIEW OF COUNCIL INFORMATION AND ANNOUNCEMENTS. View Attachment Cindy Gust-Jenson said Mayor Anderson would be presenting the Utah Humanities Award during the City Council meeting. She briefed the Council on the options available to adopt the joint resolution endorsing the National League of Cities Homeland Security Day. Council Members said the resolution should be read into the official City Council meeting minutes for a permanent record. See File M 02-5 for Council announcements. #2. INTERVIEW LAURIE NODA PRIOR TO CONSIDERATION OF HER REAPPOINTMENT TO THE PLANNING COMMISSION. Ms. Noda said she was appointed last year to fill a vacancy on the Commission. She said the Winter Olympics helped provide a steep learning curve. She said many issues presented to the Planning Commission were controversial so she would continue learning. Councilmember Buhler asked if the public was required to submit input to the Planning Commission prior to a meeting. Ms. Noda said input was accepted at any time. She said the more information available the more reasoned the decision. She said time restraints limited the public' s participation at the meetings. Councilmember Saxton asked how a legal background helped in this position. Ms. Noda said her legal made her aware of the importance of having the findings of fact to justify the decisions made. Councilmember Saxton asked Ms. Noda to encourage more public participation in the Planning Commission process. #3. INTERVIEW J. KELLY GILLMAN PRIOR TO CONSIDERATION OF HIS APPOINTMENT TO THE 02 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 15, 2002 TRANSPORTATION ADVISORY BOARD. Mr. Gillman said his background, his education and his employment made the Transportation Advisory Board the best choice for his involvement. #4. RECEIVE A BRIEFING REGARDING SALT LAKE CITY ISSUES FOR THE 2003 UTAH LEGISLATURE SESSION. View Attachment Councilmember Buhler said the Council would review the written briefing submitted. The Council discussed setting a date for the annual breakfast for the Salt Lake City Legislators. A tentative date of November 23, 2002 was set. Councilmember Saxton said Roger Cutler was willing to work with the City and other entities on legal issues surrounding clean up and disposal of meth labs. She said Councilmember Christensen suggested the proposal be taken to the Utah League of Cities. She said a subcommittee could be established to review this. #5. RECEIVE A BRIEFING REGARDING PART TWO OF THE FLEET AUDIT. View Attachment Rick Graham, Lamont Nelson and Michael Sears briefed the Council from the attached handout. Mr. Graham said the handout was a draft prepared by the outside audit firm. He said it showed areas which needed improvements before outsourcing of the City's Fleet Department could be considered. Mr. Nelson said a private company could not bid on operating the City's Fleet without accurate data to make a decision from. He said the department had implemented changes shown in the audit. He said accounting items such as tracking down time, mechanic time and other vehicle maintenance would reflect a more accurate figure in which a management and operations cost could be figured. He said it would take about a year before these changes would reflect accurate information. Councilmember Christensen asked if the department currently had systems in place to track the information. Mr. Nelson said the systems had always been there just not implemented. Councilmember Turner said with tracking and other changes now implemented, costs might be cut and outsourcing might not be necessary. Mr. Nelson said he was pleased with the support given from staff and administration in making the changes. Councilmember Lambert asked if Council staff had researched the County's Fleet program. Mr. Sears said he personally did. He said the City did not have the monies to run the Fleet Department the same way the County did. #6. RECEIVE A FOLLOW UP BRIEFING REGARDING THE SALT LAKE VALLEY SOLID WASTE STRATEGIC PLAN. View Attachment Rick Graham, Romney Stewart and Michael Sears briefed the Council from the attached handout. Councilmember Saxton asked if the new structure at the Landfill was for more hazardous waste. Mr. Stewart said the structure was a module constructed to prepare the ground for waste storage. He said each year technology improved how waste was dealt with, but hazardous waste was not handled at the Landfill. 02 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 15, 2002 Councilmember Christensen said the briefing outlined a 30-year plan. He asked if any thought had been given past that. Mr. Stewart said the City would be looking at outsourcing waste in the future. He said at that time transportation to other sites would be a priority. Councilmember Lambert said he wanted to see the strategic plan and the criteria outlined in more detail. He said he wanted to see benchmarks on the progress to reaching these goals. Mr. Stewart said a report could be given to the Council on a semiannual basis. Councilmember Jergensen said he wanted to see reclamation preparation and recycling programs addressed in the strategic plan. Councilmember Love said she wanted intent language added to the resolution outlining the need for follow-up reporting. Councilmember Buhler said Council Members needed to meet with Mr. Sears so their concerns could be addressed in the language of the motion. #7. RECEIVE A BRIEFING REGARDING THE PROGRAMMING AGREEMENT FOR THE GALLIVAN CENTER. View Attachment Rick Graham and Sheila Yorkin briefed the Council with the attached handout. Councilmember Saxton asked how much revenue would be lost during the construction at the Gallivan Center. Ms. Yorkin said it was hard to determine lost revenue because any monies generated during the year would be used to manage and upkeep costs. Ms. Gust-Jenson said the Gallivan Center operated close to a break-even figure. Mr. Graham said operation costs would continue during the construction although the revenue would not. Councilmember Turner said the Winter Olympics provided the Gallivan Center with excess revenue which would carry them over during the construction. Councilmember Lambert asked if the contract needed to be reworked with the proposed construction. Ms. Yorkin said the Redevelopment Agency suggested doing an amendment to the resolution once the financial impact was clearer. Ms. Gust-Jenson said due to the fact that the contract had expired, the administration suggested this item go before Council as soon as possible. She said if Council was not comfortable with the wording it could be changed before consideration. Councilmember Buhler said the contract should be acted on as soon as possible and amendments could be made when necessary. Councilmember Lambert asked if events normally held at the Gallivan Center would be cancelled. Ms. Yorkin said she did not want to hurt the relationship established with the sponsors, so alternative locations for some events were being looked at. Councilmember Saxton asked if Salt Lake Olympic Committee' s proposed plans for the plaza would eliminate any of the scheduled events. Ms. Yorkin said SLOC had proposed two plans, 1) would eliminate square footage so larger events could no longer be held at the Gallivan Center and 2) included an expanded ice rink, more booth space and restrooms facilities. She said the plaza could accommodate even larger crowds. She said the second design could only be done if additional monies were approved. #8. DISCUSSION HELD REGARDING BUDGET AMENDMENT NO. 10 RELATING TO THE DOWNTOWN LIGHTING AND DECORATION PROGRAM. Alison Weyher, Alison McFarlane and Gary Mumford briefed the Council. Ms. McFarlane said the Evaluation Committee comprised of Councilmember Christensen, Prescott Muir, Downtown Alliance, David Oka, Redevelopment Agency Director, Alison Weyher, Community and Economic Development Director, David Dobbins, Community and Economic Development Deputy Director, Rocky Fluhart, CEO and herself, had fast tracked three proposals. She 02 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 15, 2002 said the proposals met the criteria of being able to have lighting or decorative element downtown by November 29, and long-term elements of programming and marketing. She said the Committee would meet with each consultant tomorrow, and could report back to the Council on Thursday, October 17, 2002. Councilmember Buhler asked if the Committee choose or if they would present the Council with the proposals of all three consultants. Ms. Weyher said they would not know until after the meetings. Councilmember Christensen said with long term issues to discuss, how the Committee would proceed could not be decided until after the meeting. #9. DISCUSSION HELD REGARDING WALKABLE COMMUNITIES AND TRANSIT ORIENTED DEVELOPMENT. View Attachment Brent Wilde and Doug Dansie briefed the Council. Mr. Wilde said Frank Gray, the Planning and Zoning Consultant, proposed a three-step process. He said it would consist of an over the counter permit, establishing Planning Director approval, and going to a review board for final approval. He said the Planning Department was in favor of the proposal. #10. DISCUSSION REGARDING ONE-TIME MONEY. View Attachment This item was moved to the October 17, 2002, City Council meeting. #11. CONSIDER A MOTION TO ENTER INTO EXECUTIVE SESSION, IN KEEPING WITH UTAH STATE CODE, TO DISCUSS LITIGATION. This item was moved to the October 17, 2002, City Council meeting. The meeting adjourned at 6:55 p.m. pj 02 - 4 Page 1 of 1 Weaver, Lehua From: Gust-Jenson, Cindy Sent: Tuesday, October 15, 2002 2:18 PM To: City Council Members Cc: Weaver, Lehua; Pacheco, Vicki; Hardman, Ellie Subject: FW: Cindy Cromer re: PC Reappointment Categories: Program/Policy Front office -please print and place at Council Member COW desks. Council Members, Please be aware of the following opposition to tonight's board appointment. This message was taken down by one of the liaisons, and Cindy Cromer also left a voice mail on my line for all of you. Cindy Cromer learned that Laurie Noda's reappointment to Planning Commission was scheduled for the agenda tonight and wanted you to know that she is opposed to it. Cindy indicated that she does not feel that Laurie is familiar with the processes of her role. Cindy claims that previously, it was necessary for Cindy to involve Lynn Pace and members of the Administration to ensure that Laurie allowed public comment at a Planning Commission meeting. Apparently, she can give at least one example of when Laurie refused to allow knowledgeable sources provide input about an issue. She further indicated that she felt that Laurie was not able to confine her interest to the scope of her local role, but confuses issues at a higher level that do not relate to the issue at hand. She indicated that she has been personally insulted by Laurie in a public meeting. She wanted to make you aware of her concern. You may call her if needed, but is not requested. 355-4115 10/15/2002 MEMORANDUM DATE: October 11, 2002 TO: City Council Members FROM: Russell Weeks RE: Briefing: Salt Lake City Issues for 2003 Utah Legislature Session CC: Cindy Gust-Jenson, Steven Allred,Gary Mumford Each year the Salt Lake City Council meets with members of the Utah Legislature representing Salt Lake City before the legislative session.Generally,the meeting is an informal breakfast in which Council Members and legislators discuss issues pertaining to the City and issues that may arise during the session. It is Council staffs understanding that the City Council may wish to hold the meeting this year with legislators shortly after the November general election. The general election will be the first held under the 2001 reapportionment of districts based on the 2000 Census. OVERVIEW The State's Fiscal Year 2003-2004 budget probably will be the largest issue facing the Legislature in the next session.According to budget guidelines published by the Governor's Office of Planning and Budget,budget requests from state agencies"should include mandatory items only." The guidelines go on to say,"In order to fund mandatory items,additional cuts may be required. ... Although GOPB will give priority to mandatory items,it is likely that not all mandatory items can be funded within available revenue."Those warnings come despite the Office of Planning and Budget's prediction that"the economy is showing signs of a slow, modest recovery." Given the guidelines,and the State's decision to cut its 2002-2003 budget twice earlier this year,the Legislature may look—out of necessity—for revenue from sources it previously may have ignored when the economy generated surpluses. On the other hand,the Utah League of Cities&Towns Legislative Policy Committee has made the protection—and potential increase—of municipal revenue sources its main policy goal for the 2003 legislative session. ISSUES SPECIFIC TO SALT LAKE CITY The following is a list of issues specific to Salt Lake City that City Council staff has collected during discussions this year. In most cases the issues have been discussed among the City Council Members but have not,perhaps, risen to discussions with legislators about sponsoring bills to initiate resolution of the issues. Staff has included them for Council Members to review and consider whether to raise the issues with legislators. It should be noted that the 1 Administration probably has other issues that may warrant City Council consideration and would raise them at a City Council briefing when it is scheduled. ECONOMIC DEVELOPMENT It appears likely that the Department of Alcohol Beverage Control will submit legislation pertaining to the sale of alcoholic beverages in the next legislative session. In two meetings attended by Council staff a representative of the Utah Hospitality Association said the association is working with the State agency to address a statewide shortage of liquor licenses for the state's population. The shortage has reached a point where it has become an economic development issue,the representative said in August. Specifics of any proposed bill are scant at this point. In July,Utah Arts Council Director Bonnie Stephens told downtown merchants that a grouping of State agencies—the Arts Council,the Historical Society and the State Archives—had decided against locating in the Rio Grande Railroad station in favor of locating on Main Street.Ms. Stephens said a foundation established to help the three agencies locate together was considering "four or five"Main Street locations and may formulate a recommendation within the next six months. Given the State's budget guidelines it is uncertain whether funds might be allocated in the next legislative session to the agencies to locate on Main Street. There has been some discussion about mechanisms for revenue sources for the Redevelopment Agency Central Business District Project Area to continue development downtown after the project area expires in 2008. OTHER ISSUES In City Council discussions involving amendments to the City's traffic code the City Council considered seeking legislation to extend protections pedestrians have in crosswalks to include pedestrians standing at curbs who are about to enter crosswalks. Earlier this fall the City Council declined to adopt a resolution to support passage of Amendment No. 6 to the Utah Constitution.The proposed amendment would allow a property tax exemption to a private party involved in a sale-leaseback transaction with a government entity.In practice the net effect of the amendment would be to allow local governments and agencies to sell tax-exempt assets to private businesses,lease back the assets from the businesses,and pocket cash from the sale of the assets.Theoretically,money from the asset sale would be used to build or buy more assets.The advantage to private business would be that the purchaser of the assets could depreciate the purchased asset on its corporate tax returns. If voters approve the amendment in the November 5 general election,the City Council may have to consider whether it would support legislation to enable local governments to carry out the practice. Utah State Code contains provisions to divert 1/64th percent of City sales tax collections into a restricted account to pay maintenance and operating costs of a light rail line from the Salt Lake City International Airport to the University of Utah. The referendum that approved increasing sales tax collections by 1/4t percent to pay for mass transit development eliminated the need for the diversion,but revenue still is going into the restricted account. City Council Members may wish to advocate at least protecting the restricted account until the City can address associated issues. 2 ISSUES PERTAINING TO THE UTAH LEAGUE OF CITIES& TOWNS As mentioned previously in the memorandum,the Utah League of Cities&Town's Legislative Policy Committee has made state tax policies affecting municipalities as its No. 1 issue when the Legislature convenes in 2003. According to League analysts,municipal budgets statewide are reflecting strains caused by a downturn in the national economy. Revenue,especially sales tax revenue, is "at best, flat" for many communities, according to the analysts. Even so,municipalities' need for revenue to fund capital projects is increasing. One probability in a down economy is that cities may defer capital projects to pay for delivery of basic services. The Policy Committee's stated long-term goal is to protect municipal revenue sources. Short-term,the Committee plans to focus on five issues: • Revising language in truth-in-taxation advertising. • Revising Utah Code 59-2-924 titled Report of valuation ofproperty to county auditor and commission—Transmittal by auditor to governing bodies—Certified tax rate—adoption of tentative budget. The revision involves changing the word"collected"to"budgeted"in two sections of the law. Substituting"budgeted"for"collected"would end erosion of property tax revenue based on annual property tax collections,according to the League.The current law does not recognize that annual property tax collections often are less than what municipalities budget for property tax revenue,according to the League. • Opposing Governor Michael Leavitt's plan to divert 1/16t percent of gasoline tax revenue from municipal road funds to the State's general fund. • Conditionally supporting an increase in the State tax on gasoline. • Opposing Governor Leavitt's plan to divert 1/16s'percent of sales tax revenue from municipal water projects to the State's general fund. In September, League members approved five resolutions,three involving municipal taxes. (Please see attachments.)The three resolutions involve: 1. Proposing and supporting an increase in the state motor fuel tax of which 25 percent would be appropriated to the Class B&C Road Fund. 2. Encouraging the Legislature to amend Utah Code 59-2-924 to delete the word "collected"and insert the word"budgeted." 3. Increasing the State beer tax by$2 million annually and appropriating not less than 40 percent of the beer tax to municipal governments for enforcement of alcohol related offenses. The other two resolutions advocate: 1. Imposing a severance tax on the extraction of sand,gravel, and rock aggregate and returning the tax to municipalities to mitigate the effects of gravel pits. 2. Appointing a committee to study the use of reclaimed wastewater and water rights accompanying that use. 3 RES 2002-01 Resolution Motor Fuel Tax WHEREAS Approximately$365 million was generated as highway user revenue during Fiscal Year 2002, of this total, $228 million was generated by the motor fuel tax; WHEREAS After Tax Commission, Highway Patrol, and Travel Council diversions from the highway fund, 25%of the remaining revenue is transferred to Utah's counties, cities, &towns through the Class B&C program; WHEREAS In 1995 Utah State Legislature passed SB-49, allocating 1/16th of a cent of the Utah state sales tax to the Class B&C Road Fund to be used for local street and road improvements; WHEREAS During the 1995, 1996, and 1997 legislative session, the Legislature reaffirmed the use of this revenue source through three separate pieces of legislation, in addition to not hearing two bills which would have reduced the sales tax by this amount; WHEREAS The need for this revenue increases each year as the local budgets continue to tighten, thus forcing all municipal governments to increase their reliance on revenues in the Class B&C road fund; WHEREAS The road construction and maintenance needs of state and local government are increasing annually while the amount of revenue available remains constant or decreases; WHEREAS There is a need to increase road construction and maintenance funding at the local level in order to assure a continuing effort to make cities and towns attractive to new business and economic growth; WHEREAS The need for additional revenue must not be connected with revenue erosion from the Class B&C Road Fund; THEREFORE BE IT RESOLVED THAT WE THE MEMBERS OF THE UTAH LEAGUE OF CITIES & TOWNS 1. Propose and support an increase in the motor fuel tax 25% of which would be appropriated to the Class B&C Road Fund. 2. The revenue raised by the increase in the motor fuel tax be in addition to the revenue currently allocated in the Class B&C Road Fund, and not replace existing revenue. 3. That our support is solely contingent upon an agreement that the increased revenue be used to supplement existing revenue and not replace existing revenue. RES 2002-02 Resolution Property Tax— Certified Tax Rate Amendments WHEREAS Utah's Truth in Taxation law purports that the certified tax rate should provide for the same ad valorem property tax revenues for a tax entity as were collected by that entity the prior year; WHEREAS the common assumption is that all of the property tax revenue budgeted each year will be collected; WHEREAS this has been an inaccurate assumption since most entities collect less revenue each year than was budgeted thus meaning that year after year, the entity will collect less revenue than the prior year and these losses will compound annually; WHEREAS the lower collections of the previous year then becomes the base for the new taxable year; THEREFORE BE IT RESOLVED THAT WE THE MEMBERS OF THE UTAH LEAGUE OF CITIES AND TOWNS Encourage the Utah State Legislature to amend UCA 59-2-924-(2)(a)(iii)to delete the word collected and insert the word budgeted. RES 2002-05 Resolution Beer Tax and Liquor Law Funds WHEREAS during the 1983 legislative session, Utah's cities and towns successfully passed legislation raising the beer tax initially an additional $4,185,122 annually. Prior to this bill, the beer tax raised for the State General Fund $2,942,982; WHEREAS this same legislation appropriated to Utah's local governments an appropriation not to exceed $4,350,000 annually; WHEREAS for FY 2003, the beer tax will raise approximately $10,600,000, with about $6,400,000 directly attributable to the 1983 increase promoted and fought for by Utah's cities and towns; WHEREAS in 1983, Utah's local governments received $4,350,000 to combat alcohol related crimes, but over the years, that amount was reduced to just under $4 million, and then reduced to $2,609.000; WHEREAS since 1983, the state due to the increased beer tax revenues and the decreased local appropriations, has retained approximately$27 million of the beer tax revenue increased by the 1983 legislative action that was originally meant for local governments; WHEREAS since 1983 the legislature has passed more than 100 bills and resolutions dealing with alcohol related issues with about thirty directly increasing responsibilities for local law enforcement and adjudication; WHEREAS during the 2002 legislative session, the Utah Legislature passed six bills directly increasing local responsibilities including new responsibilities by justice courts in reporting DUI offenses(BB 18)while at the same time reducing local Liquor Law Funds by$1,000,000 for FY 2002; WHEREAS during the 2002 session, the legislature passed SB 30 which increases the Liquor Law appropriation to local governments by approximately $400,000 annually beginning in FY 2003 and then by FY 2008 guaranteeing local governments 40%of the beer tax revenue; and WHEREAS during the 5th Special Session of 2002, the legislature shortened the preparation time for Justice Court reporting of DUI offenses(FIB 5002 of the 5th special session)while eliminating the$2,609,000 of Liquor Law Funds initially appropriated to local governments for FY 2003. G A THEREFORE BE IT RESOVED THAT WE THE MEMBERS OF THE UTAH LEAGUE OF CITIES AND TOWNS Urge the legislature to: 1. Increase the beer tax by$2,000,000 annually and appropriate to Utah's local governments annually not less than 40%(approximately$5 million)of all beer tax revenues to be used to enforce alcohol related offenses; and 2. Study every three years how the beer tax revenue is being spent at the state and local levels to determine if the 60%retained by the state and the 40% appropriated is adequate or if it should be adjusted. RES 2002-03 Resolution Effluent Water WHEREAS In Utah, most of the traditionally available surface and groundwater sources have been appropriated and additional supplies of fresh water for new or increased municipal demands are increasingly difficult to obtain ; WHEREAS New water sources may be prohibitively expensive to develop and have negative environmental impacts, and other available alternative water sources such as reclaimed wastewater must be considered; WHEREAS Substantial flows of reclaimed wastewater are readily available for reuse from water reclamation plants ; WHEREAS Reclaimed wastewater can provide water for a range of municipal industrial, agricultural, and other supplemental purposes ; THEREFORE BE IT RESOLVED THAT WE THE MEMBERS OF THE UTAH LEAGUE OF CITIES&TOWNS 1. Appoint a committee to study: • the use of reclaimed wastewater to supplement municipal water supplies for limited secondary uses. • legislation permitting use of reclaimed wastewater for maintenance of parks, recreation, lands, roadways, and other non-human consumption purposes. • legislation which recognizes that while downstream users may have the right to divert water from surface water supplies, Cities have a continuing right to reclaim their water discharged from water reclamation plants. RES 2002-04 Resolution Sand, Gravel and Rock Aggregate Sand, gravel and rock aggregate are important natural resources and mining these resources is beneficial and valuable to our communities. The gravel mining industry provides jobs, revenues and material for construction. They are an integral part of our municipalities and their success is vital to our communities. Despite these benefits, gravel extraction has negative and disproportionate impacts on the health, welfare and quality of life of our citizens. In order to minimize these disproportionate impacts the League of Cities and Towns seeks to strengthen local government's ability to regulate the negative impacts of gravel extraction. WHEREAS The cost for road maintenance and road construction increases as truck traffic increase. WHEREAS under current practices, dust is monitored by observation by city or county employees. This practice can be subjective and is often performed by employees that are not trained in air pollutant detection. According to the Utah Division of Air Quality, in order to conduct legally enforceable and defensible monitoring of sand and gravel pits, a municipality would need specialized rooms, samplers, trained personnel. WHEREAS the Utah Code exempts"the extraction of sand, gravel and rock aggregate" from the State of Utah's Mined Land Reclamation legislation. WHEREAS gravel extraction also negatively impacts the quality of life in a community. These impacts include increased noise, traffic congestion, debris on roads, aesthetics and other third party impacts. WHEREAS cities with limited resources are intimidated by the expertise and resources available to the gravel companies and there is a feeling of"going it alone" among municipalities when dealing with the gravel industry. THEREFORE BE IT RESOVED THAT WE THE MEMBERS OF THE UTAH LEAGUE OF CITIES AND TOWNS Recommend that legislation be written that would impose a severance tax on sand, gravel and rock aggregate extracted. This tax would return to the respective community where the sand, gravel and rock aggregate was extracted and re-invested to account for the above mentioned disproportionate impacts. Brigham City City(s), Towns,and/or Affiliate Group submitting this resolution Lou Ann Christensen Person preparing form 435-734-2001 Phone Number OCT S Zoo? INTEROFFICE MEMORANDUM TO: DAVE BUHLER, CITY COUNCIL CHAIR FROM: ROCKY FLUHART, CHIEF ADMINISTRATIVE OFFICER CC: MAYOR ROCKY ANDERSON SUBJECT: FIRST QUARTER REVENUE INFORMATION DATE: OCTOBER 15, 2002 Our analysis of FY2003 budgeted revenue and current economic trends indicates substantial potential shortfalls. When the Utah State Legislature met in special session to deal with the State's budget deficit they eliminated our liquor law enforcement funding. That decision will result in a shortfall of approximately$222,000. Although we still expect to receive the 1/64th cent sales tax distribution being withheld by the State Tax Commission,we do not know when the funds will be distributed. These funds, as you know, were part of the original funding plan for the Airport and University light rail line. Motor vehicle registration funds are projected to be approximately$365,000 less than projected. This trend reflects an ongoing adjustment in the division of motor vehicle fees by the County to correct past errors, and an overall reduction in the number of vehicles registered in Salt Lake City. Sales taxes are estimated to be between$730,000 and $1,530,000 less than projected. A conservative estimate puts the impact at$1,131,500. Ongoing Shortfall source Projected Amount Liquor Law funds $221,500 Sale Tax going to UTA $600,000 Motor Vehicle fees $365,000 Retail Sales Tax receipts $1,131,500 Total $2,318,000 We are currently exploring options for closing this gap, and will keep you apprised. MEMORANDUM DATE: October 11, 2002 TO: Salt Lake City Council Members FROM: Michael Sears, Budget&Policy Analyst RE: Management 8s Performance Review of the Salt Lake City Fleet Division, Report and Presentation of Part II The Council contracted with Apex Corporation for the Salt Lake City Fleet Division Management & Performance Review. Apex Corporation completed the review as specified in the contract with the City. Part I results were presented by Apex Corporation during the April 9, 2002 Council work session meeting. Both the presentation and the written report emphasized that although opportunities exist for operation improvement the Fleet Division is well managed. Responses from the Administration were presented to the Council during a briefmg on May 16, 2002. During the briefing, the Public Services Department expressed support for the recommendations in Part I and indicated that they had begun implementing the recommendations. The Council requested that the Administration make a presentation on the implementation in November or December of 2002 so that the Council can get an idea of what progress is being made. During the May 16, 2002 briefing the Council also instructed Apex Corporation to continue with Part II of the Management & Performance Review. Apex Corporation has provided for Council review the attached final report for Part II of the Management & Performance Review. Part II consists of benchmarking the City's Fleet operation against private shops and developing a set of general implementation strategies and a sample Request for Proposal (RFP) that the City could consider. The RFP would be used if the City decides to outsource the Fleet Division function or engage in a competitive bidding process. The Part II report did not recommend that the City consider outsourcing, but did suggest an implementation strategy if the City were to engage in outsourcing of current City functions. Other divisions and programs in the City can use the sample management and maintenance RFP that was prepared with slight modification. As the sample RFP is written, it enables the City to evaluate options by seeking proposals for outsourcing all fleet operations. Apex Corporation has indicated to Council staff that if the City were to pursue outsourcing of any or all of the fleet operations, it would take at least one year for all of the recommendations in Part I to be implemented and that it could take several more months to gather reliable measurement data. The transmittal from the Administration recommends that the implementation of the Part I findings and recommendations continue and that discussion about initiation of an outsourcing plan be delayed until sufficient data is available. The Council may wish to accept the report from Apex Corporation as final and encourage the Administration to continue with the improvements suggested in Part I of the Management & Performance Review. The Council may also wish to confirm that it would like an update on continued implementation of the findings and recommendations in November or December of 2002. During the update, the Council could discuss with the Administration estimates of when an outsourcing plan could be put together and whether or not the Council is interested in pursuing outsourcing of the Fleet Division. cc: Cindy Gust-Jenson,Rocky Fluhart,David Nimkin,Rick Graham,Kevin Bergstrom,Lamont Nelson,Steve Fawcett, Gordon Hoskins,Laurie Dillon, Susi Kontgis and Kay Christensen 2 _ 4e r S October 15, 2002 RC" Mayor Ross C. "Rocky" Anderson 451 S State Street, Room 304 Salt Lake City, Utah 84111 Dear Mayor Anderson: The Council recently held a briefing to finalize audit priorities relating to last year's decision to outsource the internal audit function. Attached is a list of the first 11 audits to be conducted by Deloitte& Touche, LLP. These audits will not be extensive or all-encompassing but will primarily compare the City's procedures with best practices. We believe that the audits will cause little disruption but will require a small amount of City staff time to explain procedures and assemble existing written materials for the auditors. We would appreciate it if you would inform department directors of these upcoming audits. We expect that audit work will begin on some of these audit assignments within two weeks and all audit work will be concluded within the next five or six months. The audit manager and contact person with Deloitte& Touche is Dan Sawatzke. (Please see attached letter which describes the approach we have asked him to take.) Mr. Sawatzke is the manager of the enterprise risk services division of the Salt Lake office of Deloitte& Touche. This division is completely separate from the audit division that is currently conducting the City's annual financial audit. Gary Mumford is the Council staff person that will coordinate with the audit firm. For each audit, the department director will have the opportunity to respond to a draft audit report before the final report is issued. Council staff will also coordinate with Rocky Fluhart. At the completion of these first 11 audits, the Council will consider assigning additional audits. The Council invites the Administration to submit suggestions for future audits at any time. In those instances where a City department has requested an audit, the process would allow time for the department to take corrective action relating to audit findings before release of the final audit report. Thank you in advance for your cooperation. It is the Council's hope that routine and periodic performance audits will be a tool to help ensure that City services are provided in an efficient and effective manner. Sincerely, David L. Buhler Council Chair cc: Council Members, Cindy Gust-Jenson, Rocky Fluhart, David Nimkin, Dan Sawatzke • DRAFT— October 15, 2002 Daniel Sawatzke Deloitte&Touche 50 S Main Street, Suite 1800 Salt Lake City, Utah 84144 Dear Mr. Sawatzke: The Council recently discussed audit priorities and finalized a list of 11 audits that you are authorized to perform. The attached list includes the maximum fees authorized. The Council's audit subcommittee would like to meet with you periodically to review audit progress or draft audit reports. Do not exceed the authorized fee amounts for any individual audit assignment unless you have discussed this with the audit subcommittee and obtained written authorization from the Council Chair. Gary Mumford is the Council staff person that will help you coordinate audit fieldwork with City staff. As you identify findings or weaknesses, please inform department directors or division managers so that they can begin to take corrective action even before you prepare a draft report. This will help your written reports be more positive as you point out the actions that City staff are taking as a result of the audits. Draft reports should be reviewed with department directors and with the Council's subcommittee. Please encourage department directors to submit written responses to be included in your final reports. It is the Council's intent that routine and periodic operational audits be a welcomed tool to help ensure that City services are provided in an efficient and effective manner. Sincerely, David L. Buhler Council Chair cc: Mayor Ross C. "Rocky" Anderson Council Members Cindy Gust-Jenson Rocky Fluhart David Nimkin et) FT October 15, 2002 Mr. John Inglish Executive Director Utah Transit Authority 3600 South 700 West PO Box 30810 Salt Lake City, Utah 84130-0810 Dear Mr. Inglish: As you know,the Council has received various comments and concerns about bus service in Salt Lake City. Some assert that bus service in the City has been reduced in order to expand service in outlying areas. We appreciate UTA's efforts to meet with a group formed by City Council Member Saxton and to take other actions in addressing some of the concerns. The City Council recently identified a number of areas and issues it would like to study and evaluate in the coming year. One of the projects is an objective analysis of the availability of mass transit service in Salt Lake City. The scope of this project is very limited and will primarily involve comparing the number of current bus routes and bus frequencies to the number of routes and frequencies from a couple of years ago. Explanations of changes that have occurred in bus service will be an important component of the analysis. The review will need to take into account the changes in bus service with the commencement of TRAX. The study will focus exclusively on public information,and should not necessitate a great deal of staff time from UTA,but we would sincerely appreciate your support and cooperation. Mr. Dan Sawatzke from Deloitte&Touche, LLP will be in charge of this analysis. It would be helpful if you can designate in individual with UTA that Mr. Sawatzke can contact for the information regarding bus routes and explanations of changes that have occurred in bus service. Please contact Gary Mumford in the Council Office with the name of the UTA contact(535-6165 or gary.mumford@slcgov.com). Mr. Sawatzke will share a draft of the analysis with you in order to give UTA the opportunity to verify the accuracy of the report before it is released and to give you the option of submitting additional comments or clarifications. The City Council believes that this brief independent analysis may alleviate some of the concerns expressed and will serve as an objective benchmark when evaluating mass transit in Salt Lake City in the future. Thank you in advance for UTA's cooperation with the analysis. If you have any questions or concerns, please feel free to contact me or you may call Gary Mumford in the Council Office. Sincerely, David L. Buhler Council Chair cc: Mayor Ross C"Rocky" Anderson,Rocky Fluhart,Dan Sawatzke,Cindy Gust-Jenson,Gary Mumford, Alison Weyher,Tim Harpst,D.J.Baxter OCT 0 8 2002 SALT A ,,r GO1�M r T RICHARD GRAHAM � � .� y0j ROSS C. "ROCKY" ANDERSON PUBLIC SERVICES DIRECTOR DEPARTMENT OF PUBLIC SERVICES MAYOR COUNCIL TRANSMITTAL TO: Rocky Fluhart, Chief Administration Officer SUBJECT: Response to Fleet Audit—Part 2 Outsourcing, Strategies, Issues and RFP RECOMMENDATION: That the City Council accept the Fleet Management Outsourcing Strategies, Issues and Request for Proposal report prepared by Apex Corporation, but delay any further discussion to initiate an outsourcing plan for one year or such time that fleet managers can implement the audit findings and recommendations suggested by Apex. Allowing time for the audit recommendation to be implemented and then measured, is critical to Fleet's current effort to produce reliable and complete operation and cost data. FUNDING: There will be no funding impact at this time if the Council chooses to delay implementation of an outsourcing program. BACKGROUND and DISCUSSION: The Salt Lake City Council hired Apex Corporation to evaluate the effectiveness and performance of the City's Fleet Management operation and to determine if the services provide by Fleet are competitive with the private sector. Apex completed Part 1 of its assignment, which was an evaluation of Fleet's performance and effectiveness, and presented its findings to the Council on April 9, 2002. In its report, Apex indicated that there are many positive features about the City's management of the fleet operation. However, it indicated that there exist several opportunities to improve the operation. On May 16, 2002, the Public Services Department responded to the audit findings by telling the Council that it supported the recommendations suggested by Apex, and that it had already begun to implement those that affected Fleet's core functions or influenced its financial base. The department als9 suggested that the Council instruct Apex to completed Part 2, which is to benchmark the City's Fleet operation against private shops and to develop a set of general implementation strategies and a sample RFP that the City should consider if it decides to pursue a outsourcing initiative. Apex's Part 2 report was submitted to the Council in July. Apex's report did not directly measure the City's fleet operation against the market. Nor did it recommend that the City should consider outsourcing. It did however, suggest a comprehensive outsourcing implementation strategy and prepared a management and 451 SOUTH STATE STREET, ROOM 148, SALT LAKE CITY, UTAH 841 1 1 TELEPHONE: 801-535-7775 FAX: B01.535-7789 Lit maintenance request for proposal (RFP). The report details a five-point implementation strategy as a first step in ensuring a successful solicitation of perspective proposals to manage all or a portion of the fleet operations. The pro-forma RFP included in the report is a comprehensive document to enable the City to conduct a fleet management and maintenance request for proposal incorporating all significant aspects of fleet operations. Since the Public Services Department lacks experience and knowledge in the process of outsourcing core functions, the information contained in Apex's report will be very valuable if and when a decision to explore outsourcing is made. This information may also be used as a guide for other outsourcing opportunities not related to fleet operation. The key to a successful outsourcing opportunity lies in the availability and integrity of cost of service data. Good data would improve the City's ability to assess the quality of competitive bids from firms that want to provide a service. It would also enhance the City's ability to monitor the quality and efficiency of the services being provided. The Public Services Department feels that by implementing the recommendations APEX made in its Fleet Operations Assessment and Optimization Plan(Part 1 of the audit), it is improving its fleet program and its ability to collect and to use data to measure its operational performance. Until the department is able to implement, test and then measure the results of implementing the audit recommendations, up-to-date and reliable data will not exist. For this reason, the Department feels that it is premature to explore an outsourcing plan for Fleet, and it recommends that a decision be delayed for at least one year or until such time as the Department and the City's internal auditors have the operational data to fully and reliably measure the City's fleet program against outside vendors. During the course of the next year, fleet managers will continue to implement the recommendations contained in Part 1 of the audit. Progress has been made to date, and I fully anticipate our forward movement to continue. Managers are focusing on internal improvements that will have the greatest impact on productivity and operational efficiency. The areas receiving the greatest attention are: vehicle utilization and replacement strategies, customer service and communications, fleet support, parts management and outsourcing opportunities. The Department will be prepared to discuss its improvement efforts in greater detail in November when it is scheduled to report to the Council. STAFF CONTACT: Lamont Nelson, Fleet Manager 535-6914 Kevin Bergstrom, Deputy Director 535-7778 SUBMITTED BY: Rick Graham, Director 535-7774 MEMORANDUM DATE: October 11, 2002 TO: Salt Lake City Council Members FROM: Michael Sears, Budget&Policy Analyst RE: Salt Lake Valley Solid Waste Management Facility Long Term Strategic Plan as required in the Interlocal Agreement between Salt Lake City and Salt Lake County relating to the Solid Waste Management Facility(Landfill) During the briefing on the Salt Lake Valley Solid Waste Management Facility Long Term Strategic Plan, Council Members asked for additional detail relating to the Strategic Plan and concerning the operation of the Solid Waste Facility. The Administration has forwarded additional information for review by the City Council. This information is attached. The Administration has also indicated that the attached reports and updates will be provided throughout each fiscal year as the plans and reports become available. The Council has scheduled a follow-up briefing on this item for October 15, 2002. If Council Members wish to accept the long-term plan the Council could place the resolution adopting the Long-Term Strategic Plan on the agenda for consideration at a future Council Meeting. Note: The following information was provided to the Council for the 10/01/02 briefing. It is provided again for your reference. The Administration has forwarded the attached resolution for the approval of the Solid Waste Management Facility (referred to in the past as the Landfill) Long Term Strategic Plan. As noted in the interlocal agreement between Salt Lake City and Salt Lake County for the management of the Solid Waste Management Facility, the Solid Waste Management Council must prepare a long term strategic plan for the facility and present it to the Salt Lake City Council and Salt Lake County Council for approval. The Solid Waste Management Council unanimously approved the Strategic Plan at its March 22,2002 board meeting. On November 14, 2000 the Salt Lake City Council adopted the interlocal agreement that required the adoption of a long-term strategic plan. The interlocal agreement replaced the interlocal agreement signed by the City and County in 1980, and was necessitated by facility growth, technological, market and regulatory changes,and changes in government structure. The long-term strategic plan is attached for your review. Of particular note, the long-term plan attempts to address the increased recycling program that the City is promoting. Furthermore,the long-term plan specifies that on-going analysis and master plan updates will occur. The Council may wish to request that the Administration provide briefings on analysis results or plans that will impact the Salt Lake City budget. The Administration is requesting that the Council approve the resolution approving of the Long Term Strategic Plan. The Mayor would also sign the resolution,which would indicate his approval of the resolution and the Long Term Strategic Plan. cc: Cindy Gust-Jenson,Rocky Fluhart,David Nimkin,Rick Graham,Kevin Bergstrom,Romney Stewart RICHARD GRAHAM S•"T1 V._;Gc'I t C�01 ©lilL.1IIIO,( ROSS C."ROCKY"ANDERSON aueulc scwvlccs Olacc.aa DEPARTMENT OF PUBLIC SERVICES MAYOR October 4,2002 David Buhler,Chair Salt Lake City Council City and County Building,Room 304 Salt Lake City,UT 84111 RE: Salt Lake Valley Solid Waste Management Facility Yearly Goaisland Statistical Report Dear Dave: In response to the Council's request for additional information and statistical reports relative to the Landfill's Strategic Plan,I have assembled the following information for review. 1. Long Term Strategic Plan(dated March 22,2002) 2. Major Goals and Programs—2002 3. Goals and Programs First Quarter Progress Report—2002 4. Statistical Summary for First Quarter—2002 5. Goals and Programs Second Quarter Statistical Report—2002 6. Statistical Summary for Second Quarter—2002 7. Commercial Tonnage Summary Report—2002 8. Recycling Program Statistical Report—2002 9. Major Goals and Programs Year-end Report—2001 10. Statistical Summary Year-end Report—2001 451 SOUTH STATE STREET,ROOM 1413,SALT LAKE CITY,UTAH B4111 TELEPHONE:BOI 535 7775 FAX:801-535 7703 11. Recycling Program Year-end Report—2001 12. Annual Report—2001 The Salt Lake Valley Solid Waste Management Facility prepares this information for its Board on a quarterly and annual schedule. I believe that you will find that the information brings definition to many of the broad initiatives detailed in the strategic plan. I hope you find that this information addresses the concerns the Council raised in Tuesday's meeting. In the future, I will provide the Council with all quarterly and annual reports that come to the Board. Additionally, the Council will have an opportunity to request information and discuss Landfill issues on an annual basis when it reviews and approves the facility's annual budget each December. Sincerely, PAVi Rick Graham, Director Public Services Department cc: Mayor Anderson Rocky Fluhart Cindy Gust-Jensen V 3/22/02 SALT LAKE VALLEY SOLID WASTE MANAGEMENT FACILITY LONG TERM STRATEGIC PLAN Future Trends: - Competition is strong in an industry undergoing consolidations and vertical integration for ownership of key waste management components. - Public entities face the ongoing challenges of securing and maintaining revenues without flow control. - Economics is becoming a major factor in the structuring of integrated solid waste management components. - Interstate and inter-jurisdictional waste transport is a controversial issue with competitors and between some governmental entities. - Environmental issues to be considered in waste management are its effect on global warming,air pollution,fuel sources,traffic congestion,and natural resource depletion. - The annual growth rate projection for Salt Lake County over the next 5 years ranges from 1.3%(200242003)to 2.4%(2006- 2007). Utah was fourth among states in the rate of population growth from 1990 to 2000. - The Utah economy is now on a moderate growth path with construction lower since the buildup for the 2002 Winter Olympics and the national recession. - Removal and disposal of debris due to natural disasters and terrorists attacks are becoming more common across the country. - Even though there is a general fall off in prices for most recyclable commodities there is a new demand for certain materials. Guiding Principles: - Balance the large volume of waste coming to the landfill which lowers unit costs with our need to conserve landfill capacity by altering the landfill and transfer station waste inflow and disposal destination. - Retain our current market share of disposal volume and cash flow by providing Salt Lake Valley residents, institutions, and commercial enterprises integrated solid waste services at competitive rates. - The public welfare and long term environmental benefits in addition to costs should always be addressed and considered when comparing cost competitive alternatives. - Establish a good working environment for employees, focus on customer service, and insure our facilities are safe and efficiently operated. Long Term (5yr) Initiatives to be Accomplished by the Salt Lake Valley Solid Waste Management Facility: - Continue to provide leadership in the implementation of an efficient, integrated network of solid waste facilities and programs. S - Cities and other governmental entities should be viewed and treated as partners, not just as customers. - Establish price structures, hours of operation and interlocal/contractual relationships to adjust the flow of waste between the transfer station and landfill so as to balance both short and life-cycle costs. - Conduct an ongoing cost/benefit analysis of the landfill tipping face, transfer station, citizen unloading station, composting, recycling, and household hazardous waste facility. - Continuously monitor changes in the inbound tonnage,waste composition,customer base,and waste diversion from the tipping face. - Examine various operational and design alternatives to increase the existing landfill life capacity by increasing the compaction of waste and the height,depth,and slope of modules. - Explore and evaluate opportunities to acquire an interest in additional landfill property or to enter into interlocal agreements for access to other landfills. - Finish the north and east slopes of the landfill with a final cap so they can be vegetated to enhance the image of the landfill to adjoining'property owners within the next five years. - Update the landfill master plan and post-closure end use plan to reflect current diversion programs,waste flow trends,and productive recreational uses with revenue potential. - Promote a conservation ethic in the workforce and local community through education programs and projects about extending the life of resources,waste reduction,recycling,and beneficial reuse of waste materials. - Explore and implement energy conservation and emission reduction measures at the landfill and transfer station. - Develop a debris management plan and train staff in the event of a disaster;address the recycling of debris by working with state,local,and private entities. - Consider market timing in the collection and sale of recyclable materials. - Expand the number of Recycling information Office demonstration centers,outreach programs,and workshops at off-site locations. 1/16/02 SALT LAKE VALLEY SOLID WASTE MANAGEMENT FACILITY MAJOR GOALS AND PROGRAMS FOR 2002 Institutional and Administrative: 1. Staff shall quarterly address the update Long Term Strategic Plan and take steps to implement initiatives listed therein. 2. Evaluate opportunities to increase the amount of waste exported through the Salt Lake Valley Transfer Station to remote landfill sites. 3. Perform cost and cash flow analysis for various scenarios to insure sufficient money is available to adequately fund landfill development, operations, closure, long term maintenance, and reserve funds. 4. In March after the Olympics resume meetings with Salt Lake County, Salt Lake City,and West Valley City Parks staff to obtain local professional input on future open space and recreational needs so the landfill post closure end-use plan can be updated. Environmental and Technical Services: 1. Examine the best base liner and final landfill cap to extend landfill capacity and to enable the north and east perimeter slopes to be finished. 2. Insure landfill methane gas is utilized beneficially as a fuel source and examine other energy conservation and emission reduction measures such as biodiesel. 3. A suitability evaluation of the old Salt Lake Valley Landfill site for relocation of E.T. Technologies shall be accomplished by September so a contract option to renew can be implemented by years end. 4. Establish and update monthly a Capital Project Status Sheet which lists the current status of staff input, plans & specifications,the timing of going out to bid and award of contact, construction start date and scheduled completion time. 5. Insure landfill Module#7 is put out to bid, a qualified contractor is selected, and the construction of the module is completed by the fourth quarter. 6. Design and install expansion of landfill gas collection system for Module 6. Consider landfill end use and gas collection layouts when finalizing the cap design and selecting material components. 7. Finalize the comprehensive environihental investigation of the old landfill site to determine the feasibility of relocating the Soils Regeneration Operation to this location. Operations: 1. Complete Modules 2,3, 4 & 5 on the north slope so a final cap and can be applied and the slope seeded for vegetation. 2. Complete construction of exit road on west side of Module 6 and a new exit ramp on the west end of Module 6. 3. At the Salt Lake Valley Landfill maintain good driving surface at tipping face for customers,proper drainage along roadways, recycling tonnage,inventory of premium compost, and road free of litter. 4. Keep the visual appearance of the Salt Lake Valley Transfer Station in excellent condition and maintain good working relationships with adjoining neighbors, Union Pacific Railroad, and ECDC. 5. Evaluate re-leveling of the gantry crane rails and the spur tracks for railroad cars. 6. During the 2002 Winter Olympics establish an early morning work schedule to provide for downtown Salt Lake City waste and snow removal. 7. Evaluate and implement more recycling programs at the Salt Lake Valley Transfer Station. Public Information and Recycling Office: 1. Promote and market solid waste facility services and products (HHW, compost,woodchips, recycling drop-off center, etc.) to the public. 2. Promote the Lee Kay Ponds Wildlife Overlook to citizens coming to the landfill, businesses and employees in nearby industrial parks, and the public at large. Obtain and post pictures of birds. 3. Finalized the Salt Lake Valley Disaster Debris Recycling Program by coordinating with appropriate regulatory agencies and users of the landfill. 4. Develop specialized information and instruction manuals on source reduction, reuse, and recycling. 5. Improve and update the content of tours and presentations for groups and publicize the services and programs of the Recycling Information Office. 6. Encourage and support valley-wide recycling activities, e.g.America Recycles Day, Christmas Tree Recycling, and Earth Day. 7. Evaluate publishing Facility and RIO documents in various languages. 4/16/02 SALT LAKE VALLEY SOLID WASTE MANAGEMENT FACILITY MAJOR GOALS AND PROGRAMS FOR 2002 First Quarter Progress Report Institutional and Administrative: 1. Staff shall quarterly address the updated Long Term Strategic Plan and take steps to implement initiatives listed therein. The Solid Waste Management Council approved an updated plan at its March meeting. Copies have been submitted to the Salt Lake City Mayor & Council and Salt Lake County Mayor&Council for their approval. 2. Evaluate opportunities to increase the amount of waste exported through the Salt Lake Valley Transfer Station to remote landfill sites. At the March Council meeting orientation briefings were given by Landfill Services on the Green River Landfill and Promontory Point Resources on their landfill. Management is evaluating expanding the railroad shipment of waste through the transfer station to one of these landfills should they become permitted. 3. Perform cost and cash flow analysis for various scenarios to insure sufficient money is available to adequately fund landfill development, operations, closure,long term maintenance, and reserve funds. Proper journal entries for fiscal 2001 were prepared designating cash for all reserve funds. Per our Utah DEQ permit we made a timely transfer of funds into the closure and post closure trust fund. 4. In March after the Olympics resume meetings with Salt Lake County, Salt Lake City, and West Valley City Parks staff to obtain local professional input on future open space and recreational needs so the landfill post closure end-use plan can be updated. With the Paralympics in March and the recovery needed from the 2002 Olympics the meetings were postponed into the spring. Environmental and Technical Services: 1. Examine the best base liner and final landfill cap to extend landfill capacity and to enable the north and east perimeter slopes to be finished. Funding and specifications to hire a consultant for this work will take place during the summer. 2. Insure landfill methane gas is utilized beneficially as a fuel source and examine other energy conservation and emission reduction measures such as biodiesel. Efforts to enhance gas flow and gas quality are continuing. The contract for the salt of gas to DTE should be finalized in the second quarter. Kennecott is still considering the contract with DTE for the purchase of the gas. • 3. A comprehensive environmental investigation and suitability evaluation of the old Salt Lake Valley Landfill site for relocation of the soils regeneration operation shall be accomplished by September so a contract option to renew can be implemented by years end. Kleinfelder engineering has been hired to perform the evaluation. Winter weather has limited accessibility to the site. Soil borings at the site are scheduled to take place during April. 4. Establish and update monthly a Capital Project Status Sheet which lists the current status of staff input, plans & specifications, the timing of going out to bid and award of contact, construction start date and scheduled completion time. Biweekly capital project update meetings are being held with management staff to discuss the status of each project. 5. Insure landfill Module#7 is put out to bid, a qualified contractor is selected, and the construction of the module is completed by the fourth quarter. Module#7 is scheduled to go out to bid in April. It will be advertised as part of the Salt Lake City procurement process. 6. Design and install expansion of landfill gas collection system for Module 6. Consider landfill end use and gas collection layouts when finalizing the cap design and selecting material components. Module#6 gas collection lines will be installed during the summer when the tipping face activity is moved to a different module. The overall gas collection master plan design will be explored in conjunction with the final cover plan later this year. Operations: 1. Complete Modules 2, 3, 4 & 5 on the north slope so a final cap and can be applied and the slope seeded for vegetation. We are currently landfilling on Modules 4 & 5 so we can put final cover on the north slope this summer and fall; we must also insure our final slope cover plans are in compliance with Utah DEQ. 2. Complete construction of exit road on west side of Module 6 and a new exit ramp on the west end of Module 6. The ramp is complete and the exit road will be completed prior to the start of Module 7 construction. 3. At the Salt Lake Valley Landfill maintain good driving surface at tipping face for customers, proper drainage along roadways, recycling tonnage, inventory of premium compost, and road free of litter. The driving surface is better now than in the winter; drainage along roadways is ok; recycling tonnage is down because no loader is at the tipping face; we have large inventory of compost; and litter pickup is ongoing. 4. Keep the visual appearance of the Salt Lake Valley Transfer Station in excellent condition and maintain good working relationships with adjoining neighbors, Union Pacific Railroad, and ECDC. Have good working relationships. 5. Evaluate re-leveling of the gantry crane rails and the spur tracks for railroad cars. A summer project. 6. During the 2002 Winter Olympics establish an early morning work schedule to provide for downtown Salt Lake City waste and snow removal. Things went well: 50-60 trucks per day came into transfer station from 2am - 8am seven days per week during February. 7. Evaluate and implement more recycling programs at the Salt Lake Valley Transfer Station. Containers for drop-off recyclable materials are out to bid. Public Information and Recycling Office: 1. Promote and market solid waste facility services and products (HHW, compost,woodchips,recycling drop-off center,etc.) to the public. Flyers have been made and passed out advertising the large inventory of compost and mulch. They are given to citizens at the landfill and transfer station. Compost sales increased significantly in April. An advertisement is being prepared for the Tribune and Deseret News. Promotion of the recycling drop-off center is an ongoing task. We have received 1,981 phone calls relating to recycling questions and HHW. 2. Promote the Lee Kay Ponds Wildlife Overlook to citizens coming to the landfill, businesses and employees in nearby industrial parks, and the public at large. Obtain and post pictures of birds. Flyers have been made for distribution advertising "Our Newest Attraction". We have expanded our tours to include the wildlife overlook area. This quarter 75 people have experienced the overlook. This coming May we are scheduling an open house for employees of neighboring businesses to come out the wildlife overlook area to better acquaint them with this work break opportunity. 3. Finalize the Salt Lake Valley Disaster Debris Recycling Program by coordinating with appropriate regulatory agencies and users of the landfill. This will be further evaluated for finalization in up coming quarters. 4. Develop specialized information;and instruction manuals on source reduction, reuse, and recycling. We are currently gathering related information to be compiled at a later date. 5. Improve and update the content of tours and presentations for groups and publicize the services and programs of the Recycling Information Office. We mailed flyers to every elementary school in the Salt Lake Valley promoting recycling tours and presentations. A total of 2,450 students have toured the landfill. 6. Encourage and support valley-wide recycling activities, e.g.America Recycles Day, Christmas Tree Recycling, and Earth Day. We are participating in community fairs throughout the valley; most recycling activities will begin this April on Earth Day. 7. Evaluate publishing Facility and RIO documents in various languages. This is still in evaluation; documents being considered are the Salt Lake Valley Solid Waste Facility and Cover Your Loads brochures. SALT LAKE VALLEY SOLID WASTE MANAGEMENT FACILITY Statistical Summary 1 S` Quarter—January through March 2002 WASTE VOLUMES 2001 2002 Variance Tonnage Crossing Scales 242,850 234,051 -8,799 Landfilled MSW Tons 134,239 129,362 -4,877 Transfer Station MSW Tons 37,734 37,848 +114 Total Landfill and Transfer Station MSW Tons 171,973 167,210 -4,763 Clean Fill Tons 25,137 28,304 +3,167 Other Diverted Tonnage 45,740 38,538 -7,202 Citizen Loads 16,338 14,695 -1,643 Other diverted materials is tonnage crossing the scales that is not landfilled but is used beneficially either on or offsite. It includes auto fluff, E.T. waste, yardwaste, broken concrete, metals, carpet pad,batteries, and cardboard. The amount of residential waste brought in by Salt Lake City decreased by 15% due to expanded recycling efforts and the amount of residential waste brought in by Salt Lake County decreased by 9%. The fall off in other diverted tonnage is at E.T. Technologies. LLA dr+etoo^ ,&1 tL - REVENUES 1 � �., Landfill Fee Payments received: $3,212,339 or 22% of the 2002 budget. Historically, the 1st quarter revenues are about 22% of the annual budget. Other revenue sources, e.g. soil royalties, compost and salvage sales are a little less than the revenue recognized for the 1st quarter of 2001. 7/29/02 SALT LAKE VALLEY SOLID WASTE MANAGEMENT FACILITY MAJOR GOALS AND PROGRAMS FOR 2002 Second Quarter Progress Report Institutional and Administrative: 1. Staff shall quarterly address the updated Long Term Strategic Plan and take steps to implement initiatives listed therein. The Solid Waste Management Council approved an updated plan at its March'meeting. Copies were submitted to the Salt Lake City Mayor& Council and Salt Lake County Mayor& Council for their approval. The Salt Lake County Council voted to include more detail in the plan. 2. Evaluate opportunities to increase the amount of waste exported through the Salt Lake Valley Transfer Station to remote landfill sites. At the March Council meeting orientation briefings were given by Landfill Services on the Green River Landfill and Promontory Point Resources on their landfill. Management is evaluating expanding the railroad shipment of waste through the transfer station to one of these landfills should they become permitted. 3. Perform cost and cash flow analysis for various scenarios to insure sufficient money is available to adequately fund landfill development, operations, closure, long term maintenance, and reserve funds. An ongoing cost analysis of present operations is being performed. No new analyses were performed during the second quarter. 4. In March after the Olympics resume meetings with Salt Lake County, Salt Lake City, and West Valley City Parks staff to obtain local professional input on future open space and recreational needs so the landfill post closure end-use plan can be updated. With the Parolympics in March and the recovery needed from the 2002 Olympics the4meetings were postponed into the summer. Environmental and Technical Services: 1. Examine the best base liner and final landfill cap to extend landfill capacity and to enable the north and east perimeter slopes to be finished. It has been 10 years since the Landfill Master Plan was completed. It is now time to engage a consultant with landfill design expertise to review the current design in view of technological and environmental protection improvements. The base liner and final cap material will be evaluated in view of current leachate and landfill gas collection regulations. This work will be proposed as part of the 2003 budget. 2. Insure landfill methane gas is utilized beneficially as a fuel source and examine other energy conservation and emission reduction measures such as biodiesel. Efforts to enhance gas flow and gas quality are continuing. The contracts for the sale of gas rights,collection facility lease,and wellficld operations and maintenance to DTE were finalized in June. Kennecott is still considering the contract with DTE for the purchase of the gas. 3. A comprehensive environmental investigation and suitability evaluation of the old Salt Lake Valley Landfill site for relocation of the soils regeneration operation shall be accomplished by September so a contract option to renew can be implemented by years end. Kleinfelder engineering has taken soil and groundwater samples and sent them to the lab for analysis. Kleinfelder will then give us a report of their findings and recommendations regarding the relocation of the soils regeneration operations. 4. Establish and update monthly a Capital Project Status Sheet which lists the current status of staff input,plans&specifications,the timing of going out to bid and award of contact,construction start date and scheduled completion time. Biweekly capital project update meetings are being held with management staff to discuss the status of each project. Current capital project status reports have enabled management to better schedule and coordinate their activities. 5. Insure landfill Module#7 is put out to bid,a qualified contractor is selected, and the construction of the module is completed by the fourth quarter. The construction contract for Module#7 was awarded to Herm Hughes and Sons Construction Company. They are currently in the process of excavating the module. Construction should be completed by the fourth quarter.. 6. Design and install expansion of landfill gas collection system for Module 6. Consider landfill end use and gas collection layouts when finalizing the cap design and selecting material components. The landfill gas collection plans for Module#6 will be desighed by Kleinfelder and be installed by the Module#7 construction contractor Herm Hughes. Operations: 1. Complete Modules 2,3,4&5 on the north slope so a final cap and can be applied and the slope seeded for vegetation. We'are currently landfilling on Modules 4 &5 so we can put final cover on the north slope this summer and fall;we must also insure our final slope cover plans are in compliance with Utah DEQ. 2. Complete construction of exit road on west side of Module 6 and a new exit ramp on the west end of Module 6. The ramp is complete and the exit road will be completed prior to the start of Module 7 construction. 3. At the Salt Lake Valley Landfill maintain good driving surface at tipping face for customers, proper drainage along roadways, recycling tonnage, inventory of premium compost, and road free of litter. The driving surface and drainage along the roadways is good; recycling tonnage is approx. the same as last year; compost sales have been excellent so inventory is lower; litter pickup is ongoing. 4. Keep the visual appearance of the Salt Lake Valley Transfer Station in excellent condition and maintain good working relationships with adjoining neighbors, Union Pacific Railroad, and ECDC. Have good working relationships. 5. Evaluate re-leveling of the gantry crane rails and the spur tracks for railroad cars. This project will be completed in the 3111 quarter. 6. During the 2002 Winter Olympics establish an early morning work schedule to provide for downtown Salt Lake City waste and snow removal. Things went well: 50-60 trucks per day came into transfer station from 2am - 8am seven days per week during February. 7. Evaluate and implement more recycling programs at the Salt Lake Valley Transfer Station. Containers for drop-off recyclable materials are to be delivered the second week in July. Public Information and Recycling Office: 1. Promote and market solid waste facility services and products (HHW, compost,woodchips, recycling drop-off center, etc.) to the public. The Recycling Information Office is proud to be a part of Tuesdays Recycling Segment on KRCL Public Radio 90.9. This gives us an opportunity to give out more information about recycling, compost, and HHW on the radio. In May the Salt Lake Valley Solid Waste Management Facility hosted a Press Conference conducted by the Salt Lake Valley Health Department and Salt Lake County encouraging residents to properly dispose of their HHW. 2. Promote the Lee Kay Ponds Wildlife Overlook to citizens coming to the landfill, businesses and employees in nearby industrial parks, and the public at large. Obtain and post pictures of birds. The Audubon Society is currently reviewing our wildlife overlook area as a designated bird watching area. Over 4,000 people visited the overlook gazebo and used our binoculars to watch the birds. An article inviting neighboring cities to visit the wildlife overlook area was submitted to the Salt Lake County communications staff to be included in community newspapers. 3. Finalize the Salt Lake Valley Disaster Debris Recycling Program by coordinating with appropriate regulatory agencies and users of the landfill. This will be further evaluated for finalization in the Second half of this year. 4. Develop specialized information and instruction manuals on source reduction, reuse, and recycling. Data is currently being gathered for completion of this project at a later data. 5. Improve and update the content of tours and presentations for groups and publicize the services and programs of the Recycling Information Office. The Education Trailer will have an updated display wall for the new school year this fall. The total number of people attending tours and presentations was 9047 YTD. 6. Encourage and support valley-wide recycling activities,e.g. America Recycles Day, Christmas Tree Recycling, and Earth Day. Over 1,000 people visited the Recycling Information Office booth at the Utah Arts Festival in June. For Earth Day we attended a fair at the Hogle Zoo, Wild Oats Market, and other community fairs in West Jordan and West Valley City. 7. Evaluate publishing Facility and RIO documents in various languages. This is still in evaluation; documents being considered are the Salt Lake Valley Solid Waste Facility and Cover Your Loads brochures. SALT LAKE VALLEY SOLID WASTE MANAGEMENT FACILITY Statistical Summary 2nd Quarter - January --) June 2002 WASTE VOLUMES 2001 2002 Variance Tonnage Crossing Scales 568,337 558,844, - 9,493 Landfilled MSW Tons 305,574 301,596 - 3,978 Transfer Station MSW 90,363 89,299 - 1,064 Total Landfill& Transfer 395,937 390,895 - 5,042 Station MSW Tons Clean Fill Tons 79,166 74,981 - 4,185 Other Diverted Material 93,274 92,969 -305 Tons Citizen Loads 55,805 55,747 - 58 The small decrease in tonnage crossing scales is due to the recession and less consumer spending since 9/11/2001. With the drought the amount of yard/wood waste decreased by 5% but the amount of steel and other salvage materials increased. The amount of waste brought in by Salt Lake County Sanitation decreased by 5.5% due to the annexation of Oquirrh Shadows into West Jordan. Salt Lake City Sanitation's tonnage decreased by 11% from 2001 because of their expanded curbside recycling program. Commercial waste tonnage in 2002 was 1.8% higher than 2001. Other diverted material is waste crossing the scales that is not buried at the landfill tipping face and is used beneficially on or off-site. It includes auto fluff,E.T.waste, yard waste, broken concrete/asphalt, metals, carpet pad, and batteries. REVENUES Landfill Fee Payments Received: $7,366,187 or 50.4% of the$14,600,000 budgeted for 2002. Compost and salvage sale revenues are exceeding last year. • 10/1/2 SALT LAKE VALLEY SOLID WASTE MANAGEMENT G NT FACILITY COMMERCIAL TONNAGE SUMMARY -2002 CITIZEN CLEAN FILL NO CHARGE ET TECH SANITATION OTHER CNTY SL CITY OTHER CITY COMMERCIAL TOTAL MONTH TONS TONS TONS TONS TONS TONS TONS TONS TONS 2001 JAN 1,427.91 9,193.99 2,265.28 6,122.23 6,994.63 1,505.36 3,653.24 413.80 47,081.53 78,657.97 FEB 1,592.50 10,378.47 1,624.69 4,568.62 6,094.82 1,629.47 3,343.94 740.35 42,752.72 72,725.58 MAR 3,374.69 8,731.04 1,042.71 7,185.58 7,342.62 846.29 3,955.00 329.57 49,860.07 82,667.57 APR 7,178.62 10,812.27 2,463.59 5,103.68 10,801.11 2,025.42 5,599.78 2,332.64 54,213.96 100,531.07 MAY, 7,547.34 11,128.20 3,216.14 8,928.4 12,331.56 633.44 6,504.73 2,196.34 58,664.92 111,150.69 JUN 6,558.47 24,737.18 2,446.33 8,507.85 ,10,236.27 723.54 5,201.42 1,888.01 52,812.39 113,111.46 JUL 4,899.96 17,532.99 2,144.88 5,423.38 10,822.47 518.44 5,394.72 1,833.15 56,134.12 104,704.11 AUG 4,613.99 17,475.51 2,614.17 4,025.12 10,286.29 479.35 5,321.64 2,321.66 53,003.84 100,141.57 SEP 3,751.41 19,050.98 2,180.74 4,960.33 9,833.70 411.44 4,934.67 2,087.21 50,899.54 98,110.02 OCT 0.00 NOV 0.00 DEC _ 0.00 2002 40,944.89 129,040.63 19,998.53 54,824.81 84,743.47 8,772.75 43,909.14 14,142.73 465,423.09 861,800.04 2001 47,383.61 150,813.02 33,732.64 76,275.68 115,076.07 8,257.85 61,760.79 16,835.38 597,543.99 1,107,679.03 2000 45,252.33 389,851.77 26,331.03 111,053.60 114,938.04 5,272.71 63,933.15 18,279.55 607,931.70 1,382,843.88 1999 48,422.80 217,996.11 14,859.57 71,407.18 110,587.41 4,343.62 60,455.20 92,476.86 620,116.15 1,240,664.90 1998 46,667.02 417,111.38 11,725.69 80,988.17 114,150.29 3,562.70 59,612.18 31,316.51 589,744.03 1,354,877.97 1997 48,081.25 164,476.77 80,988.17 63,303.62 118,735.73 913.68 57,920.83 27,349.43 582,081.87 1,143,851.35 100 Private Cash 150 Exempt/155 Acct 31000 All other 30000 Acct 41500 All other 40000 - and SSLC 2019 2001 CITIZEN CLEAN FILL NO CHARGE ET TECH SANITATION OTHER CNTY SL CITY OTHER CITY COMMERCIAL TOTAL MONTH TONS TONS TONS TONS TONS TONS TONS TONS TONS 2001 JAN 1,389.44 6,902.82 1,918.31 10,012.56 7,072.08 453.21 3,962.95 296.98 45,624.29 77,632.64 FEB 1,522.08 5,864.96 1,317.05 8,115.05 6,326.92 133.25 3,696.65 337.83 41,922.49 69,236.28 MAR 4,719.08 12,369.45 2,008.43 8,895.60 9,051.21 438.53 5,177.67 346.99 52,974.01 95,980.97 APR 4,979.60 8,476.23 2,369.56 5,912.68 10,121.52 413.94 5,632.29 2,033.34 51,497.04 91,436.20 MAY 7,286.06 29,334.09 4,612.09 6,806.97 13,469.46 687.95 7,294.80 2,030.99 56,057.53 127,579.94 JUN 6,769.28 16,218.71 5,246.12 6,739.32 10,872.85 1,124.22 5,986.43 1,674.78 51,879.46 106,511.17 JUL 4,663.73 11,649.39 2,419.58 4,524.68 10,674.79 629.54 5,623.60 1,535.06 49,990.01 91,710.38 AUG 4,071.18 15,601.03 4,371.89 6,156.99 11,042.90 457.99 5,694.63 2,260.07 54,336.84 103,993.52 SEP 3,969.16 11,510.10 2,652.90 4,520.57 9,253.64 454.53 4,734.09 2,146.16 45,957.85 85,199.00 OCT 3,871.68 14,792.74 2,813.65 4,469.08 10,045.75 641.52 5,095.94 1,145.28 51,994.47 94,870.11 NOV 2,827.79 12,944.13 2,388.68 4,292.37 10,009.44 1,044.75 4,981.33 1,695.90 52,361.89 92,546.28 DEC 1,314.53 5,149.37 1,614.38 5,829.81 7,135.51 1,778.42 3,880.41 1,332.00 42,948.11 70,982.54 2001 47,383.61 150,813.02 33,732.64 76,275.68 115,076.07 8,257.85 61,760.79 16,835.38 597,543.99 1,107,679.03 10/1/2002 SALT LAKE VALLEY SOLID WASTE MANAGEMENT FACILITY DIVERTED TONS SUMMARY-2002 TOTAL TONS COVER CONCRETE ET ET YARD/WOOD SALVAGE SALVAGE TRANSFER DIVERTED TIP FACE MONTH ALL MTLS FILUFLUF/UST <12" LIQUID NON HAZ'D WASTE STEEUALUM OTHER STATION (net) TONS TONS JAN 78,657.97 15,151.75 0.00 1,894.87 4,227.36 761.73 188.10 12.94 11,224.34 33,461.09 45,196.88 FEB 72,725.58 15,332.01 1.73 1,568.65 2,967.52 826.62 224.54 26.29 14,336.14 35,283.50 37,442.08 MAR 82,667.57 14,661.69 0.00 2,008.51 5,177.07 1,521.78 277.93 10.18 12,287.77 35,944.93 46,722.64 APR 100,531.07 17,853.79 15.64 1,672.39 3,429.26 3,604.82 387.45 35.47 17,243.00 44,241.82 56,289.25 MAY 111,150.69 18,656.89 18.74 1,537.29 7,390.73 3,172.68 469.74 18.65 18,264.36 49,529.08 61,621.61 JUN 113,111.46 31,195.40 11.15 1,397.92 7,087.79 2,769.00 353.73 29.47 15,943.85 58,788.31 54,323.15 JUL 104,704.11 25,995.32 0.00 1,46/.13 3,956.25 2,288.24 375.64 9.42 16,133.13 50,225.13 54,478.98 AUG 100,141.57 24,619.74 5.90 1,443.52 2,581.60 2,355.51 318.72 14.29 16,706.86 48,046.14 52,095.43 SEP 98,110.02 26,745.47 9.69 1,161.94 3,798.39 2,099.14 305.14 23.96 14,584.94 48,728.67 49,381.35 OCT 0.00 0.00 NOV 0.00 0.00 DEC - 0.00 0.00 2002 861.800.04 190.212.06 62.85 14.152.22 40.615.97 19.399.52 2,900.99 180.67 136,724.39 404,248.67 457,551.37 2001 1,107,679.03 211,257.03 70.96 11,430.61 64,888.30 28,933.48 3,525.44 239.12 180,263.13 500,608.07 607,070.96 2000 1,382,843.58 453,957.92 194.98 102,982.87 8,070.73 22,877.66 3,290.66 258.28 178,786.02 770,419.12 612,424.46 1999 1,240,664.90 334,570.76 162.99 69,332.01 2,146.18 21,503.61 3,834.46 343.84 101,403.75 533,297.60 707,367.30 1998 1,354,877.97 466,876.72 238.66 73,702.63 7,285.54 19,932.33 3,190.01 226.99 571,452.88 783,425.09 1997 1,074,581.81 225,801.50 640.65 63,281.55 0.00 20,556.76 3,195.15 299.48 313,775.09 760,806.72 1996 979,375.23 110,726.55 998.33 103,652.38 4,213.94 20,800.91 3,086.96 268.48 243,747.55 735,627.68 2001 TOTAL TONS COVER CONCRETE ET ET YARD/WOOD SALVAGE SALVAGE TRANSFER DIVERTED TIP FACE MONTH ALL MTLS FILUFLUF/UST <12" LIQUID NON HAZ'D WASTE STEEUALUM OTHER STATION (net) TONS TONS JAN 77,632.64 12,694.37 5.08 1,823.16 8,189.40 793.59 216.90 5.93 11,645.83 35,374.26 42,258.38 FEB 69,236.28 9,987.40 0.00 762.99 7,352.06 496.72 254.08 14.27 10,912.65 29,780.17 39,456.11 MAR 95,980.97 16,881.36 0.92 727.92 8,167.68 2,127.96 357.46 17.62 15,175.39 43,456.31 52,524.66 APR 91,436.20 13,656.60 4.90 724.39 5,188.29 2,396.25 289.25 17.11 16,472.22 38,749.01 52,687.19 MAY 127,579.94 34,579.91 13.99 699.68 6,107.29 3,307.63 421.89 34.74 19,681.70 64,846.83 62,733.11 JUN 106,511.17 22,673.48 20.69 663.01 6,108.28 4,276.47 352.09 27.42 16,475.34 50,596.78 55,914.39 JUL 91,710.38 17,377.27 7.78 588.29 3,947.65 2,384.83 316.55 20.12 16,379.92 41,022.41 50,687.97 AUG 103,993.52 21,827.50 9.80 621.90 5,535.09 2,361.51 289.67 28.59 16,973.05 47,647.11 56,346.41 SEP 85,199.00 15,706.12 4.42 567.81 3,952.76 2,386.68 312.46 13.51 13,911.40 36,855.16 48,343.84 OCT 94,870.11 18,967.25 3.38 976.09 3,492.99 2,417.22 336.79 25.42 15,256.24 41,475.38 53,394.73 NOV 92,546.28 18,364.71 0.00 1,536.49 2,755.88 3,954.57 256.78 11.61 15,535.87 42,415.91 50,130.37 DEC 70.982.54 8.541.06 0.00 1,738.88 4,090.93 2,030.05 121.52 22.78 11,843.52 28,388.74 42,593.80 2001 1,107,679.03 211,257.03 70.96 11,430.61 64.888.30 28,933.48 3,525.44 239.12 180,263.13 500,608.07 607,070.96 .0"...",,,, K _ Recycling Information Office-Salt Lake Valley Landfill Quarterly Statistical Report ,r f .r. 2002 FIRST QUARTER SECOND QUARTER MONTH JANUARY FEBURARY MARCH TOTALS MONTH APRIL MAY JUNE TOTALS Group Info. 552 70 25 647 Group Info. 190 350 280 820 Mail Info. 5 5 10 20 Mail Info. 8 8 3 19 Calls 513 338 1,130 1,981 Calls 1,019 793 723 2,535 Tours 6 7 13 26 Tours 30 43 22 95 Attendance 131 186 236 553 Attendance +' 1,946 2,563 1,145 5,654 Fairs 1 0 2 3 Fairs 5 1 13 19 Attendance 50 0 120 170 Attendance 460 30 1,605 2,095 Presentation 7 5 15 27 Presentation 36 28 7 71 Attendance 210 332 1,355 1,897 Attendance 2,542 2,123 414 5,079 Total People Reached 5,268 Total People Reached 16,202 THIRD QUARTER FOURTH QUARTER MONTH JULY AUGUST SEPTEMBEI TOTALS MONTH OCTOBER NOVEMBER DECEMBEF TOTALS Group Info. 0 925 1,220 2,145 Group Info. 0 0 0 Mail Info. 3 1 1 5 Mail Info. 0 0 0 Calls 815 941 572 2,328 Calls 0 0 0 Tours 6 6 8 20 Tours 0 0 0 Attendance 47 270 86 403 Attendance 0 0 0 Fairs 1 6 3 10 Fairs 0 0 0 Attendance 150 575 207 932 Attendance 0 0 0 Presentation 2 0 2 4 Presentation 0 0 0 Attendance 36 0 130 166 Attendance 0 0 0 Total People Reached 5,979 Total People Reached 0 Total People Reached To Date 27,449 Precent of 2001 Total 89.60% Item breakdown running totals Percent of 2001 Total Mail Info. 44 Mail Info. 52.38% Group Info. - 3,612 Group Info. 44.54% s Calls 6,844 Calls 68.20% Tours 141 Tours 87.58% Attendance 6,610 Attendance 112.53% • Fairs 32 Fairs 91.43% Attendance 3,197 Attendance 58.99% Presentations 102 Presentation 94.44% Attendance 7,142 Attendance 102.29% March April May June July August September Wildlife View 75 1716 1472 857 0 159 0 Print date 10/1/2002 ,s?-:KEV Salt Lake Valley Recycling Information Office --0 Number of residents served by municipality s✓1` ,4* 2002 P A (- CITY #of Landfill Tours Attendance #of Presentations Attendance Total for each Municipality Alta Bluffdale ,,, 0 0 Draper 2 136 136 Herriman 0 Holladay 1 62 2 121 183 Midvale 3 133 133 Murray 7 263 2 90 353 Riverton 6 421 2 147 568 Salt Lake City 42 1871 17 915 2786 Sandy 12 748 11 364 1112 South Jordan 3 141 1 29 170 South Salt Lake 6 344 1 30 374 West Jordan 3 66 5 415 481 West Valley City 11 599 16 1212 1811 Taylorsville 8 501 3 187 688 Salt Lake County 22 1151 26 2216 3367 Outside of Salt Lake County 2 10 1 45 - 55 Total served 12217 Number of residents who received information by mail 2002 Alta Sandy 2 Bluffdale South Jordan 2 Draper 1 South Salt Lake Holladay West Jordan 1 Herriman West Valley City 1 Midvale 2 Taylorsville City 2 4 Salt Lake County 15 Riverton 1 Out of County 19 Salt Lake City 17 Total 67 Prepared by the Recycling Information Office Contact Person: 974-6902 Date Printed 10/1/2002 • 1/16/02 SALT LAKE VALLEY SOLID WASTE MANAGEMENT FACILITY MAJOR GOALS AND PROGRAMS FOR 2001 Accomplishments at Year End Institutional and Administrative: 1. Evaluate costs and benefits of another waste transfer station in the northern portion of Salt Lake City. Upon request by Salt Lake County, provide technical input on establishing a waste transfer station in the southern end of Salt Lake Valley. A meeting was held with Union Pacific regarding transfer station site locations in the northern portion of Salt Lake City. Union Pacific does not have any property available but suggested we consider private parcels located adjacent to their tracks. After joint staff meetings with the TransJordan Landfill it was determined that a transfer station was not yet needed in the south end of the valley. ECDC chose to pursue planning approval for a transfer station site in Bluffdale but was turned down. 2. Implement a fully integrated cost system to include costs of operations, equipment, module development, closure, post-closure, cover materials, leachate and gas collection, the value of air space, and indirect costs. Integrate budget elements with various operational components to provide unit costing and solid waste program cost/benefit analysis. Program and functional budgets for 2001 have been formatted and submitted,to Salt Lake County. The development of specific cost programs is still in process. The individual cost modules are completed; linking the modules took longer than anticipated. Ongoing reviews of the cost system will provide cost/benefit analysis of various solid waste programs. 3. Update the post closure end-use plan for the Salt Lake Valley Landfill. Meet with Salt Lake County, Salt Lake City, and West Valley City Parks & Recreation staff to obtain their input and to determine future open space needs. Engage a consultant to prepare a more detailed post closure end-use plan. Meetings were held with Salt Lake City and Salt Lake County Parks staff at the landfill to provide them an overview of our long- term plans in the spring. A followup meeting was held in November and it was determined that the next steps would be for parks staff to have a brainstorm session for the master plan, then present proposed master plan to landfill staff, and hire a consultant with landfill end use experience. 4. Assess the impact of the new OSHA Ergonomics Rule, changes to Subtitle D regulations encouraging bioreactor landfills with recirculation of water and leachate, and any state legislation affecting solid waste operations. The Senate and House of Representatives overturned the OSHA ergonomic standard in March. The 2001 Utah State Legislature did not pass any legislation impacting Salt Lake Valley Solid Waste Facilities. Environmental and Technical Services: 1. Evaluate the feasibility of various entities interested in using our landfill methane gas and enter into a long-term contract for the sale of gas to improve local environmental conditions. A number of companies interested in purchasing, distributing and/or using our methane gas have contacted staff and visited the landfill. A case study of the Salt Lake Valley Landfill was presented and discussed at the Utah Gas-to-Energy Workshop held at the Department of Environmental Quality in March. A Request for Proposals was sent out in May; a pre-proposal meeting and site visit was held in June. Staff from nine companies attended and the proposal submission deadline was extended until July 19t'. Seven companies responded to the RFP and DTE Biomass Energy was selected as the contractor. They will pipe medium Btu methane gas to Kennecott's refinery. A Landfill Gas Rights &Collection Facility Lease Agreement and a Wellfield Operations & Maintenance Agreement are being negotiated. 2. Perform a comprehensive environmental investigation and cost feasibility analysis of using the old 70 acre landfill site (7600 W. California Ave.) for the soils regeneration operation. Kleinfelder Engineering was selected to perform this work. A detailed "scope of work" was developed and environmental work commenced during the fourth quarter. 3. Redesign the landfill cap to comply with new landfill regulation changes and ensure the landfill end-use maintains the integrity of the final cap. Utah State Department of Environmental Quality has delayed this requirement until placement of the final cap is needed in 2005. This will enable us to incorporate the latest"state of the art"methodology into the final cap. 4. Prepare design and construction specifications for landfill Module #7 so it can be put out to bid and a contract awarded by December 2001. Salt Lake City Engineering is currently working on the bid documents and will advertise for construction early in 2002. 5. Finalize completion of previous year capital projects. Initiate the following 2001 capital projects: the design and construction of a flammable materials storage shed, concrete curb for water control at the compost area, resurfacing of the pit area at the citizen unloading facility, slurry seal of landfill asphalt areas, and construction of an asphalt pad extension at the compost area. These projects are either complete or nearing completion with the exception of the flammable material shed, which was eliminated from the project list. 6. Make the following information system changes: switch to WasteWorks for Windows 6.6; E-mail Server up-grade; graphics workstation up-grade; and create Enterprise Data base with Html interface. These have been completed. 7. Establish an ongoing preventative maintenance schedule and program for various solid waste facilities. Preventative maintenance schedules have been implemented for most of the facilities. This will result in an overall cost savings and extended life of facilities. Operations: 1. Plan for the most efficient placement and use of clean fill delivered to the landfill site. Seek out sources of clean fill that may be used beneficially on-site. Continue to conserve clean clay stockpiles for future closure needs. Use alternative daily cover in a manner to conserve air space for future waste disposal. Compared to last year a smaller amount of clean fill has been delivered during the three quarters of the year. It has all been used as daily cover and intermediate cover thereby conserving on-site clay for future final cover. Alternative daily cover is used daily to conserve air space. 2. Evaluate and implement measures to encourage the export of specific wastestreams through the transfer station and to balance the transfer and landfilling of waste during peak seasons. The transfer station continues to operate very efficiently with minimal disruption of service. The inbound tonnage has been comparable to last year. Approx. 6-7% of the waste is transported to the landfill for disposal. 3. Continue with the Heavy Equipmeht Operator Certification Program at the Landfill and Transfer Station to ensure employees are properly trained; develop a training and certification program for Traffic Controllers. The Heavy Equipment Operator Certification Program is continuing. This is an ongoing program to increase equipment operational capabilities. The Training and Certification Program for Traffic Controllers is in place and will improve safety and customer relations. Public Information and Recycling Office: 1. Finalize the Salt Lake Valley Disaster Debris Recycling Program by coordinating with appropriate regulatory agencies and users of the Salt Lake Valley Solid Waste Management Facility. Agencies have been contacted to start the review process. Two staff members participated as trainers in a Debris Management Training Course conducted by the Utah Comprehensive Emergency Management. 2. Develop education programs to target specific groups such as high school science classes. Program development is being evaluated. 3. Devise a system to improve distribution and availability of information to citizens of Salt Lake City and Salt Lake County. To be addressed early in 2002. 4. Promote and market solid waste facility services and products (HHW, compost, woodchips, recycling drop-off center, wildlife overlook) to the public. Ongoing process 5. Encourage and support valley-wide recycling activities, e.g. American Recycles Day, Christmas Tree Recycling, and Earth Day. Over 1050 compost bins were sold in April; a recycling booth at the Utah Arts Festival in June was very successful. The Recycling Information Office has been contacted by Hogle Zoo and Airport Sam's Club for assistance in developing recycling programs. A press conference for America Recycles Day was held on November 15t. A number of televisions stations covered Christmas Tree recycling at the composting site. 6. Enhance and update education center displays and materials for tours and presentations. Completed in August. 7. Establish partnerships with cities and private businesses so a beneficial waste exchange program can be implemented. Recycling Coalition of Utah has received grant funding to design and implement a waste exchange. RIO staff are working closely with RCU to provide input and assistance. Options for an onsite waste exchange are still being examined; a partnership with RCU is possible. SALT LAKE VALLEY SOLID WASTE MANAGEMENT FACILITY Statistical Summary January-) December 2001 Year End Report WASTE VOLUMES 1999 2000 2001 Tonnage Crossing Scales 1,240,665 1,382,844 1,107,679 Landfilled MSW Tons 707,367 612,424 607,071 Transfer Station MSW Tons 101,404 178,786 180,263 Total Landfill & Transfer 808,771 791,210 787,334 Station MSW Tons Clean Fill Tons 217,996 389,852 150,813 Other Diverted Tonnage 213,898 201,781 169,532 Citizen Loads 99,855 92,331 99,246 Other diverted material is tonnage crossing the scales that is not landfilled but is used beneficially either on or offsite. It includes auto fluff,E.T.waste,yardwaste, broken concrete, metals, carpet pad, batteries and cardboard. In 2001 commercial tonnage was 1.7% lower than 2000. Salt Lake County Sanitation was,about the same and Salt Lake City Sanitation was 3.4% lower in 2001 due to their expanded curbside recycling program started in August. Clean fill tonnage decreased due to the completion of the I-15 and other projects. The number of citizen loads increased as did incoming yard/wood waste in part due to windstorms. Salvage of metals increased 7%. E.T.waste tonnage was 32% less than 2000 due to the reduction in liquid waste inflow on the smaller site. REVENUES Landfill Fee Payments Received: $14,463,175 or 97.3% of the$14,850,000 budgeted for 2001. Other revenue sources, e.g. soil royalties, compost and salvage sales exceeded budget projections in 2001 by nearly $100,000. 01/02/02 RECYCLING INFORMATION OFFICE -SALT LAKE VALLEY LANDFILL QUARTERLY STATISTICAL REPORT 2001 FIRST QUARTER SECOND QUARTER MONTH JANUARY FEBURARY MARCH TOTALS MONTH APRIL MAY JUNE TOTALS Group Info. 350 795 1,705 2,850 Group Info. 966 1,375 105 2,446 Mail Info. 11 7 7 25 Mail Info. 5 2 6 13 Calls 634 420 821 1,875 Calls 766 1,156 1,149 3,071 Tours 6 10 11 27 Tours ;; 40 38 14 92 Attendance 79 172 377 628 Attendance 1,522 2,139 602 4,263 Fairs 1 0 1 2 Fairs ' 4 1 5 10 Attendance 20 0 150 170 Attendance 700 50 1,525 2,275 Presentation 4 5 11 20 Presentation 34 27 6 67 Attendance 271 207 690 1,168 Attendance • 1,336 1,766 180 3,282 Total People Reached 6,716 Total People Reached 15,350 THIRD QUARTER FOURTH QUARTER MONTH JULY AUGUST SEPTEMBERfOTALS MONTH OCTOBER NOVEMBER DECEMBERTOTALS Group Info. 94 1,077 633 1,804 Group Info. 610 400 0 1,010 Mail Info. 5 7 6 18 Mail Info. 11 15 2 28 Calls 1,317 1,172 800 3,289 Calls 757 549 494 1,800 Tours 10 6 13 29 Tours 5 7 1 13 Attendance 128 124 314 566 Attendance 223 142 52 417 Fairs 5 11 7 23 Fairs 0 0 0 0 Attendance 415 1,310 1,250 2,975 Attendance 0 0 0 0 Presentation 1 0 4 5 Presentation 4 11 1 16 Attendance 30 0 176 206 Attendance 1,653 654 19 2,326 Total People Reached 8,858 Total People Reached 5,581 Total People Reached To Date 36,505 Precent of 2000 Total 119.16% Item breakdown running totals Percent of 2000 Total Mail Info. 84 Mail Info. 110.53% N Group Info. 8,110 Group Info. 120.52% Calls 10,035 Calls 126.77% Tours 161 Tours 125.78% Attendance 5,874 Attendance 93.21% Fairs 35 Fairs 159.09% Attendance 5,420 Attendance 170.87% Presentations 108 Presentation; 152.11% Attendance 6,982 Attendance 108.43% RECYCLING INFORMATION OFFICE-TRANS JORDAN LANDFILL Month April May June July Aug. Sept. Oct. Nov. Tours _ 15//80 4//100 None- None None None 3//180 3//25 Presentations 4//100 3iKE vy,,F� Salt Lake Valley Recycling Information Office fit, rrrrSSlNtty ` ,�.: , Number of residents served by municipality *� ;� %s ,� 2001 Aua g • P 4 l CITY #of Landfill Tours Attendance #of Presentations Attendance Total for each Municipality Alta 0 Bluffdale ..+ 2 159 1 78 237 Draper '2 51 6 319 370 Harriman 0 Holladay 7 269 269 Midvale 1 16 4 268 284 Murray 3 207 2 166 373 Riverton 1 62 5 1580 1642 Salt Lake City 66 1696 21 1145 2841 Sandy 18 712 13 703 1415 South Jordan 3 150 1 25 175 South Salt Lake 2 58 1 20 78 West Jordan 3 73 8 666 739 West Valley City 18 963 12 631 1594 Taylorsville 9 416 10 430 846 Salt Lake County 17 799 22 999 1798 Outside of Salt Lake County 5 132 1 150 ._ 282 Z�i Total served 12943 Number of residents who received information by mail 2001 Alta Sandy 12 Bluffdale South Jordan Draper 1 South Salt Lake Holladay 5 West Jordan I Herriman 2 West Valley City 5 Midvale 1 Taylorsville City 3 Murray 6 Salt Lake County 12 Riverton 2 Out of County 7 Salt Lake City 38 Total 95 Prepared by the Recycling Information Office Contact Person:Margaret E.Grochocki 974-6902 Date Printed 1/25/02 • • Recycling Information Office 40,000 - _ -- — 35,000 30,00Q,- • ®Telephone Calls - 0 25;0QOw `' 0 Tour&Presentation a ^:w ,Attendance .....,- 'Q: 20 ri 116 AP,,,,� rr. +4i. s b I'l ziL eye. i . ' . . '. . . .. ,, 1 Y i ;OR. "k t& na °n'u 2*ro y rt � ywi }4% t ris n 7A T �tCn�s� t yII1:: : x s r k 4: f of I '1 14 K i • OCT 0 8 2002 RICHARD GRAHAM SALT'�-+�'�+a'-�E' ITY�CORPORATIO ROSS C. "ROCKY" ANDERSON PUBLIC SERVICES DIRECTOR DEPARTMENT OF PUBLIC SERVICES MAYOR DATE: September 25, 2002 TO: Rocky Fluhart, Chief Administrative Officer SUBJECT: Programming Agreement (04-3-02-6626) between Salt Lake City and the Salt Lake City Redevelopment Agency for the Gallivan Center. RECOMMENDATION: That the Salt Lake City Council approve the terms and conditions of this Agreement. FUNDING: City General Funds are budgeted and allocated to the Public Services Department for the entire cost of providing programming for the Gallivan Center. Programming revenues and a Redevelopment Agency subsidy offset the entire annual cost to the General Fund. BACKGROUND AND DISCUSSION: The Gallivan Center was constructed by the Salt Lake City Redevelopment Agency in 1993. For the past 9 years Salt Lake City Public Services has been under contract with the Redevelopment Agency to provide event programming at the plaza. The attached agreement extends the Department's involvement for three (3) years, or until June 30, 2005. Under the Programming Agreement the Department will program the plaza as a urban amenity in the downtown business district, organize and schedule all activities on the plaza, provide security, manage concessions, fund raise, negotiate leases, market and promote the facility and coordinate activities with surrounding property owners and occupants. The plaza is open to public use seven (7) days a week. Over the term of this agreement approximately 275 events will be held at the plaza annually. For fiscal year 2003, the plaza budget is $1,051,089.00. Revenues generated by the programming and a Redevelopment Agency reimbursement offset the entire budget. CONTACT PERSON: Sheila R. Yorkin, 535-6110 Plaza and Community Events Manger SUBMITTED BY: Rick Graham, 535-7774 ntr Public Services Director 451 SOUTH STATE STREET, ROOM 148, SALT LAKE CITY, UTAH 841 1 1 TELEPHONE: 801.535-7775 FAX: 601-53S-7789 ®aecrcco P„PeR RESOLUTION NO. OF 2002 AUTHORIZING THE APPROVAL OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND THE REDEVELOPMENT AGENCY OF SALT LAKE CITY WHEREAS, Title 11, Chapter 13, Utah Code, as amended, allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purposes; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1. It does hereby approve the attached Interlocal Cooperation Agreement between SALT LAKE CITY CORPORATION, and THE REDEVELOPMENT AGENCY OF SALT LAKE CITY, to wit: The City's Public Services Department will provide programming services at the John W. Gallivan Utah Center for the Redevelopment Agency for a three (3) year term commencing July 1, 2002 and ending June 30, 2005. 2. Ross C. Anderson, Mayor of Salt Lake City, Utah, or his designee, is hereby authorized to execute said agreement on behalf of Salt Lake City Corporation, subject to any minor changes which do not materially affect the rights and obligations of the City thereunder. Passed by the City Council of Salt Lake City, Utah, this day of 2002. SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: CHI FT DEPUTY CITY RECORDER Ross C. "ROCKY" ANDERSON REDEVELOPMENT AGENCY T �/ DAVID J. OKA illADMINISTRATIVE OFFICER OF SALT LAKE C I I 1 EXECUTIVE DIRECTOR MEMORANDUM To: Mayor Ross C. Anderson • From: Danny Walz, 7254 Redevelopment Agency of Salt Lake City Subject: Execution of Programming Services Agreement and Maintenance Services Agreement between the Agency and Salt Lake City Corporation for the John W. Gallivan Center Date: August 7, 2002 Attached are the final agreements between the Agency and Salt Lake City Corporation for the programming and maintenance of the Gallivan Center. The agreements essentially extend the existing contracts for another three years and dictate the level of programmed events and quality of maintenance to be provided. The attached agreements have been prepared by Agency legal counsel and approved by the City attorney's office. Dave and Mickey Gallivan, President of the Gallivan Utah Center Owner's Association have signed them. There are four copies of each agreement for your signature. Please don't hesitate to call me if you have any questions or need additional information. Thank you. #6626 Program Agr #6627 Maintenance Agr 451 SOUTH STATE, ROOM 41 B, SALT LAKE CITY, UTAH B41 1 1 TELEPHONE: B01-535-7240 FAX: B01-535-7245 �ei Recrco P>PER SLC Contract No, 04-3-02-6626 PROGRANLMING SERVICES AGREEMENT by and between REDEVELOPMENT AGENCY OF SALT LAKE CITY and SALT LAKE CITY CORPORATION 8/5/02 151274v11 TABLE OF CONTENTS Page RECITALS 1 1. Incorporation of Recitals 3 2. Engagement of Program Manager 4 3. Terms 4 4. Programming and Management of Programming/Maintenance Area Generally 4 5. Compliance With CC&Rs 5 6. Initial Hours of Operation 6 7. The Roadway 6 8. Performance of Services; Expertise of Program Manager 6 9. Program Manager's Personnel 7 10. Programming and Other Obligations 7 11. Fund Raising 11 12. Concessionaire, Vendor and Occupancy Contracts 12 13. Maintenance 12 14. Budget 13 15. Monthly Reports. 16 16. Records 16 17. Equipment 18 18. Reimbursement of Program Manager 19 19. Indemnification 20 20. Insurance 20 8/5/02 151274v 1 21. Security 23 22. Cooling System. Ice Skating Rink and Refuse Room 73 23. Utilities 25 24. Termination 25 25. Liens; Bonds 26 26. Restrictions Against Transfer 26 27. Independent Contractor 27 28. Conflict of Interest 27 29. Notices 27 30. Attorneys' Fees 28 31. Change to Scope of Services 29 32. Compliance with Law 29 33. Cooperation 30 34. Representation Regarding Ethical Standards for City Officers and Employees and Former Officers and Employees. 30 35. GRAMA 30 36. Miscellaneous 31 Exhibit A - Site Plan Exhibit B - Preliminary Budget Form Exhibit C - Sample Report Format Exhibit D - List of Agency-owned Existing Equipment 8/5,k 151274v11 11 PROGRAMMING SERVICES AGREEMENT THIS PROGRAMMING SERVICES AGREEMENT (this "Agreement") is made and entered into as of the day of , 2002, by and between REDEVELOPMENT AGENCY OF SALT LAKE CITY, a public agency ("Agency"), and SALT LAKE CITY CORPORATION, a municipal corporation ("Program Manager" or sometimes "City"), collectively referred to herein as the "Parties" or, individually, a "Party". RECITALS WHEREAS, Agency, Wasatch Plaza Holdings, L.L.C. ("Wasatch"), Arcade Developers, LLC, ("Arcade"), and Salt Block, L.L.C., formerly Salt Crown, L.L.C. ("Salt") own parcels of real property located between 200 South Street and 300 South Street and Main Street and State Street in Salt Lake City, Utah, which comprise a portion of"Block 57" as depicted on the site plan ("Site Plan") attached hereto as Exhibit "A", and incorporated herein by reference (collectively the "Property"); and WHEREAS, Agency, Wasatch, Arcade and Salt or their successors in interest to portions of the Property are sometimes collectively referred to as "Property Owners"; and WHEREAS, an urban plaza known as The John W. Gallivan Utah Center, together with buildings and other improvements located thereon, has been constructed on a portion of the Property ("Plaza"); and 8/5/02 151274v11 WHEREAS, south of the Plaza, a roadway has been constructed which consists of Gallivan Avenue and Weechquootyee Place (hereafter referred to as the "Roadway"); and WHEREAS, the location of the Plaza and the Roadway are depicted on the Site Plan; and WHEREAS,the Plaza and all portions of the Property which are not occupied by buildings from time to time and which are available generally to the public (including the Roadway), are hereafter referred to as the "Programming/Maintenance Area". The Programming/Maintenance Area shall also include all buildings located on the Plaza; and WHEREAS, Wasatch owns that portion of the Property depicted on the Site Plan as "Wasatch Property"; and WHEREAS, Arcade owns that portion of the Property depicted on the Site Plan as "Arcade Property"; and WHEREAS, Salt owns that portion of the Property depicted on the Site Plan as "Salt Property"; and WHEREAS, Agency currently owns those portions of the Property depicted on the Site Plan as "John W. Gallivan Utah Center" and "Agency Property"; and WHEREAS, in connection with Agency's initial sale of the Wasatch Property to American Stores Properties,Inc. ("ASPI"), ASPI and Agency executed and recorded that certain Declaration of Covenants, Conditions, Restrictions and Easements Pertaining to a Portion of the Surface of Block 57, Salt Lake City, Utah, dated June 30, 1995, as amended by that certain First Amendment of the Declaration of Covenants, Conditions, Restrictions and Easements Pertaining to a Portion of the Surface of Block 57, Salt Lake City, Utah, dated December 20th 1996, that certain 8/5/02 151274v11 2 Amendment of the Declaration of Covenants, Conditions, Restrictions and Easements Pertaining to a Portion of the Surface of Block 57, Salt Lake City, Utah, dated August 1, 1999, and that certain Third Amendment to Declaration of Covenants, Conditions, Restrictions and Easements Pertaining to a Portion of the Surface of Block 57, Salt Lake City, Utah, dated March 29, 2001 (hereafter, the foregoing with any other amendments and supplements, are collectively referred to as the "CC&Rs"); and WHEREAS, the Programming/Maintenance Area is generally defined as "Common Area" in the CC&Rs; and WHEREAS, the CC&Rs provide certain restrictions and obligations with respect to the Programming/Maintenance Area; and WHEREAS, pursuant to the CC&Rs, the Gallivan Utah Center Owner's Association ("GUCOA") was created; and WHEREAS, pursuant to the CC&Rs, GUCOA has assumed the certain responsibilities to maintain the Programming/Maintenance Area within the Property; and WHEREAS, GUCOA has contracted or intends to contract with a maintenance manager to perform such maintenance duties (hereafter "Common Area Manager"); and WHEREAS, Agency and Program Manager desire to enter into this Agreement to provide for the management and programming of the Programming/Maintenance Area. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Incorporation of Recitals. The above Recitals are incorporated herein by reference. 8/5/02 151274v11 3 2. Engagement of Program Manager. Agency hereby engages Program Manager, subject to the terms and conditions set forth in this Agreement, to perform the duties and obligations set forth in this Agreement (sometimes collectively referred to herein as the "Services"), and Program Manager agrees to perform the Services in accordance with the terms and conditions of this Agreement. 3. Terms. Subject to earlier termination as provided herein, the "Term" of this Agreement shall commence on July 1, 2002 and shall expire on June 30, 2005. 4. Programming and Management of Programming/Maintenance Area Generally. Program Manager hereby acknowledges that the Plaza is an urban amenity which will require a high degree of programming, scheduling, coordination, cooperation, management, maintenance and security to ensure its long-term success. Program Manager understands that the Plaza has been constructed with the intent to enhance downtown viability and encourage maximum usage by the community. Program Manager shall perform the Services in a manner consistent with such intent. Without limiting the generality of the terms of this Agreement, the Parties agree that programming of the Plaza and other parts of the Programming/Maintenance Area is intended to include all aspects of activating an urban plaza, including, but not limited to (i) organizing, scheduling and programming of activities on the Plaza and other parts of the Programming/Maintenance Area; (ii) providing additional security for events and activities held on the Programming/Maintenance Area; (iii) management of concessions and concessionaire contracts; (iv)cleanup and repair of the Programming/Maintenance Area after programmed events; (v) competent fiscal management of program activities, fund raising activities for the Friends of 8/5/02 151274v11 4 the Utah Center, including budgeting; (vi)coordination with the Common Area Manager, (vii) negotiation and presentation of lease(s)to Agency pertaining to the kiosk located on the Plaza and management of such leases, all in consultation and with the approval of Agency, and (viii) coordination and cooperation with surrounding (existing and future) property owners and occupants, the Agency, other Property Owners, local organizations such as the Chamber of Commerce,Downtown Retail Merchants Association,Salt Lake Convention and Visitors Bureau, Downtown Alliance,GUCOA,the Salt Lake City Police Department and the Friends of the Utah Center, among others. 5. Compliance With CC&Rs. Program Manager acknowledges that the CC&Rs provide certain restrictions and requirements in connection with Programming. Without limiting the generality of the foregoing,Program Manager acknowledges that the CC&Rs require Agency to use reasonable efforts to minimize detrimental effects on the use and enjoyment of other properties on Block 57 by virtue of events and activities,that Agency will cause a programming schedule to be provided to all the Property Owners on a periodic basis and that certain noise levels are prohibited from the Plaza during certain hours of the day. Program Manager shall assume full responsibility for complying with all the obligations of Agency in connection with the programming of the Programming/Maintenance Area as set forth in the CC&Rs. Program Manager shall indemnify,defend and hold Agency its officers, agents and employees,from and against all claims,damages,expenses,liabilities,judgments,expenses,costs and attorneys'fees, arising as a result of the Program Manager failing to fully comply with all of the terms and conditions of the CC&Rs applicable to programming of the Programming!Maintenance Area. ors/02 151274,1/ 5 Program Manager acknowledges receipt of a copy of the CC&Rs. Agency hereby agrees that Program Manager may defend Agency with an attorney from the Salt Lake City Attorney's office so long as such attorney provides Agency a competent and reasonable defense. 6. Initial Hours of Operation. Agency anticipates that, at least initially, programmed events and activities will occur primarily on the Plaza and that the Plaza will be primarily used between the hours of 7:00 a.m. and 10:00 p.m. Notwithstanding the foregoing, the Parties acknowledge that the Plaza and other parts of the Programming/Maintenance Area, except the buildings located thereon ("Plaza Buildings"), will be accessible to the public at all hours; i.e., there are no presently-planned measures to physically barricade the Plaza, except the Plaza Buildings, from adjacent public ways. 7. The Roadway. Program Manager may elect to program the Roadway in connection with the Services so long as Program Manager obtains any required permission or permits, employs appropriate safety measures and blocks traffic from use of the Roadway. 8. Performance of Services: Expertise of Program Manager. Program Manager shall perform the Services in an efficient, expeditious and economical manner, consistent with the best interests of the Agency and the purposes of this Agreement, with the level of care and skill exercised by other professionals performing similar services along the Wasatch Front who are recognized by their peers as experienced, knowledgeable and highly skilled in performing services of the type and scope of the Services required as a part of this Agreement. Program Manager represents and warrants that Program Manager has the capability and expertise to professionally and competently provide the Services. Program Manager shall not permit any employee, agent, 8/5/02 151274v11 6 contractor or subcontractor to perform the Services who does not have the expertise to do so. Program Manager shall perform the Services with reasonable care and in a manner designed to protect all persons and entities using or occupying all or any part of the Property from accident and injury and to prevent interference with business operations on Block 57 and adjacent properties. 9. Program Manager's Personnel. Program Manager shall hire, pay, supervise, train and discharge all persons and entities that may be required to perform the Services, and Program Manager shall do so with the goal of providing high-quality Services at the lowest reasonable cost. Program Manager shall consult with Agency with regard to the job description of personnel and entities providing Services, as well as the cost thereof, as part of the staffing document to be incorporated into the Budget (as defined hereafter). Program Manager shall provide skilled, experienced and highly-motivated persons and entities to perform the Services. None of Program Manager's employees, agents, contractors or subcontractors shall be employees, agents, contractors or subcontractors of Agency, and Program Manager shall be solely responsible for hiring, firing, supervising and training all persons and entities performing all or any part of the Services pursuant to this Agreement. 10. Programming and Other Obligations. Program Manager shall be responsible for programming events and activities on the Plaza and other parts of Programming/Maintenance Area during the Term of this Agreement. Program Manager's programming duties include, without limitation, fundraising, scheduling, promoting, advertising, coordinating, organizing, soliciting, monitoring, staging and supervising events and activities on the Plaza, as well as establishing and 8/5102 151274v11 7 enforcing rules and regulations and supplying materials and services for Plaza events and activities. Such events and activities may include, without limitation, art and music festivals, parties,fundraising events,book fairs,art shows,concerts,competitions,holiday festivities,etc. Throughout the Term,Program Manager shall program the following minimum number and types of events during each fiscal year: Weekend Events Lunch Time Evening Rentals Total Events (Both Adult and and Rentals Family oriented) 30 90 60 150(45 of 330 which are open to the public) At least four(4)of the events each fiscal year shall be"major"events which are organized by the Program Manager. At least two(2)events each month shall be held on weekends. Adult- oriented events are intended to include such things, as performances by the Utah Symphony, community orchestras,the symphony chorus,professional choirs,theatrical presentations,dance presentations featuring Ballet West, RDT, Ririe Woodbury, University of Utah Dance Department,adult seminars,gallery strolls,art shows,antique shows,film premiers,opera fest, Authors in The City, book reviews, Pasta On The Plaza, Twilight Concert Series, Brewers Festival, Come Alive After 5:00 p.m., First Night, and others. Events shall be evenly distributed throughout the year except evening events may be primarily, but not exclusively, in the spring, summer and fall,the Parties acknowledging the difficulty of programming events on winter evenings and yet the need and desire for winter evening events. 5/5/02 151274v1I 8 Program Manager's responsibilities shall also include: (a) communicating and coordinating programming with local organizations and property owners, such as the Chamber of Commerce, Downtown Retail Merchants Association, Salt Lake Convention and Visitors Bureau, Downtown Alliance, GUCOA, Agency, other Property Owners and Friends of the Utah Center; (b) providing special assistance to entities using the Programming/ Maintenance Area to ensure success of programmed events, which efforts shall include, without limitation, assisting with advertising, arranging for additional security and arranging for additional personnel as may be required from time to time; (c) developing a fee schedule and billing, collecting, accounting and budgeting for programmed events; (d) coordinating use of the aviary facility located on the Plaza with appropriate organizations and employing reasonable efforts to obtain optimum use of the aviary facility and care of bird(s) housed therein; (e) working with performing artist groups or unions, as appropriate to provide entertainment on the Programming/Maintenance Area; (f) coordinating and arranging for public parking if necessary and appropriate to the success of events and activities on the Programming/Maintenance 8/5/02 151274v11 9 Area. Any public parking arranged by Program Manager shall generate revenues at least equal to the cost of providing such parking; (g)operating the ice rink/pond on the Plaza and coordinating maintenance with Common Area Manager. Program Manager shall be responsible for the day- to-day care of the ice sheet on the ice skating rink,including cleaning and clearing the ice as needed for ice skaters. Program Manager will inform Common Area Manager of any problems with the ice sheet. (h)arranging for the installation and storage of special event banners and reinstallation of standard Plaza banners; and (i)developing(in consultation with Agency) and administering rules and regulations for programmed events. Program Manager shall manage the programming effort such that during each fiscal year, events and activities generate at least one hundred percent(100%)of the out-of-pocket costs of the events and activities. "Out-of-pocket costs" means all costs incurred in connection with the Services except Program Manager's general overhead costs which are to be reimbursed by Agency, (with contributions by the other Property Owners) as more particularly provided elsewhere in this Agreement. Out of pocket costs include,by way of illustration only,all expenses for the purchase or rental of equipment, supplies, materials, costs of clean up, security, advertising,payment of honorariums and fees,costs of parking and costs of additional personnel or overtime for Program Manager's personnel and the cost of entities hired specially for events and activities. 815i02 istrav I i 10 Program Manager acknowledges that Agency leases the underground parking structure under the Plaza("Parking Structure") to Boyer-Block 57 Associates ("Boyer")pursuant to that certain Lease Agreement for Parking Facilities dated January 23, 1990, as amended("Lease"). The Lease provides that the Parking Structure will be available for after business hours parking upon certain terms and conditions as more particularly set forth in the Lease. The Parties agree that,until further notice from Agency,Program Manager may exercise the rights of Agency under the Lease to provide after hours parking in the Parking Structure for Plaza events and activities pursuant to the terms of the Lease(a copy of which has been provided to Program Manager); provided, Program Manager shall be responsible for complying with all terms of the Lease pertaining thereto; and further provided, Program Manager shall recover one hundred percent (100%)of any costs to provide parking in the Parking Structure in connection with Plaza events and activities. Agency shall notify Boyer of the foregoing and request that any notices from Boyer to Agency pursuant to the "after hours" provision of the Lease be copied to Program Manager. Program Manager shall provide all staff functions for Friends of the Utah Center and take all steps necessary to maintain it as a non-profit Utah corporation in good standing with the State of Utah and with a 501(c)3 designation by the Internal Revenue Service, which functions shall include, without limitation, providing meeting notices,maintaining meeting minutes, preparing and filing all documentation required to maintain 501(c)(3)status for Friends of the Utah Center. 11. Fund Raising. Program Manager shall assume responsibility for fund raising efforts previously commenced for programmed activities and for present and future fund raising efforts 8/5/02 I5I274v n 11 to generate revenues to fund the programming required herein. Fundraising goals shall be included in the Final Budget (as such term is defined in later). 12. Concessionaire, Vendor and Occupancy Contracts. Program Manager shall work with concessionaires and cart vendors to ensure a continuous level of activity on the Plaza. Program Manager shall negotiate, coordinate, administer and enforce concessionaire and vendor contracts pertaining to the Plaza, including, without limitation,the use of the rink/pond, equipment rental and game boards, kiosk, rental building, and Activity Building; provided, all contracts shall be first approved by Agency (which consent shall not be unreasonably withheld or delayed); and further provided, at Agency's option, such contracts shall be executed by Agency. Program Manager shall also negotiate, coordinate,administer and enforce occupancy agreements,including licenses, leases and easements pertaining to the Plaza; provided, such agreements shall first be approved by Agency and shall be executed by Agency. No contract or occupancy agreement described herein or any contract entered into by Program Manager in connection with the Services shall have a term expiring after the expiration of the Term without the prior written consent of Agency. 13. Maintenance. Program Manager hereby acknowledges that activation of the improvements on the Plaza is vital to Block 57's long-term success. Program Manager shall coordinate its activities with the Common Area Manager to minimize the cost of cleaning event areas before, during, and after programmed events as necessary to keep the Programming/ Maintenance Area in a clean and orderly condition. Program Manager may elect to negotiate with the Common Area Manager an hourly fee at which the Common Area Manager will provide 8/5/02 151274vl 1 12 maintenance and security services in connection with programmed events on the Programming! Maintenance Area. 14. Budget. 14.1 Budget Generally. During the Term, Agency shall pay for or reimburse Program Manager(with contributions from the other Property Owners), as the case may be, for its general overhead costs, such costs to be approved by Agency pursuant to the Final Budget. Revenues generated from events and activities on the Programming/Maintenance Area shall be (a) used to fund the costs of programmed events or (b) be placed in a reserve to hire additional personnel, or acquire equipment and supplies to enhance the activity level on Programming/Maintenance Area. On or prior to January 15 preceding each year of the Term, Program Manager shall prepare and furnish to Agency for its approval, a preliminary budget for the twelve (12) month period beginning on the next July 1 ("Preliminary Budget"). The foiui of this Preliminary Budget for the first year of the Term is attached hereto as Exhibit "B" and incorporated herein by reference. The Parties shall work together in good faith to reach a prompt agreement on a final budget by no later than April 1 of each year of the Term (hereafter "Final Budget"). The Final Budget shall be in substantially the form of the Preliminary Budget, and shall include, among other things, (i) a staffing document, (ii) an itemization of general overhead costs which may include salaries, payroll taxes and employee benefits and other costs associated with a Program 815/02 151274v11 13 Manager, a Program Manager's assistant and a receptionist/secretary; basic telephone service,maintenance of computer equipment,printers and copiers owned by the Agency,specialized stationary and reservation forms,office space within the Activity Building on the Plaza and utility services in connection with such space (iii)an equipment budget to be covered by available resources,and(iv)a budget for revenues and expenses for programmed events, concessionaire and vendor contracts, and all events and activities programmed for the Programming/Maintenance Area. The Final Budget shall include copies of all contracts and bids upon which it is based. Program Manager shall not be reimbursed for general overhead costs in excess of the amounts set forth in the Final Budget without the prior written approval of Agency; provided, Program Manager's general overhead expenditures need not meet the amounts budgeted for specific items so long as Program Manager's general overhead expenditures on the whole do not exceed the total amount of the Final Budget. Amounts budgeted and/or reserved in the Final Budget for equipment expenditures may only be used for equipment expenditures. 14.2 Office Space. Office space shall be made available for the Program Manager in the Buildings located on the Plaza but parking for staff shall be arranged for by the Program Manager. Program Manager will share office space within the Activities Building with the Common Area Manager. The Parties acknowledge that Agency may change the location and/or configuration of the 8/5,02 15 u74v 1 l 14 office space; provided, Agency shall provide the Program Manager and the Common Area Manager combined office space of not less than 950 square feet of floor area. Rent will not be charged to the Program Manager for use of office space and/or furniture; provided, costs for utilities and telephone services for such office space shall be prorated between the Program Manager and the Common Area Manager as determined by Agency. Program Manager shall maintain all office space, other building space and furniture occupied and/or used by Program Manager pursuant to this Agreement in a good, safe and clean condition and shall deliver such space and furniture to Agency at the expiration or earlier termination of this Agreement, in the same condition as was delivered to Program Manager, reasonable wear and tear excepted. If requested by Agency, Program Manager shall execute a separate occupancy agreement with Agency, the terms of which shall be consistent with this Agreement. 14.3 Storage Areas. Storage areas for equipment and tools currently exists within the Parking Structure. Common Area Manager and Program Manager will have access, at no cost, to use certain areas within the Parking Structure identified by Agency for storage of equipment and materials needed and necessary for the maintenance and programming of the Programming/Maintenance Area. Program Manager shall cooperate with the Common Area Manager in connection with the use of such storage space. Program Manager shall maintain all such storage areas in a good, safe and clean condition and shall deliver such space to 8/5102 151:74v11 15 Agency at the expiration or earlier termination of this Agreement, in the same condition as was delivered to Program Manager,reasonable wear,tear and casualty not required to be insured by Program Manager hereunder, excepted. Program Manager shall occupy and use such space in full compliance with the terms of the Agreement. 15. Monthly Reports. Program Manager shall deliver to Agency on or before the fifteenth day of each calendar month of the Term a report setting forth a summary of the components of the Services provided during the prior month, including, but not limited to, information regarding programmed activities and events, security information related to events, fundraising activities, the expenditures made or incurred and revenues received during the prior calendar month, together with a calculation of the total expenditures made or incurred and revenues received year to date as the same compare to the amounts permitted or required by the Final Budget for such period. Such report shall follow the format of the sample report attached hereto as Exhibit "C" and incorporated herein by reference. From time to time, Agency may reasonably require adjustments in the report format as well as information to be provided in the report. In addition, Program Manager shall deliver to Agency with each monthly report, the minutes of the meetings of the Friends of the Utah Center held during the reporting period. 16. Records. 16.1 Maintaining Records. Program Manager shall keep full and accurate records of all expenses incurred and revenues received in connection with the Services("Records"). The Records shall be sufficient to show in reasonable detail 8/5/02 151274v 11 16 the basis for Program Manager's expenditures. The Records shall include, without limitation, records of each person or entity performing any portion of the Services (including time sheets, work diaries and time cards), receipts for expenses, equipment and materials charged, contracts, subcontracts, change orders, invoices, purchase records, canceled checks, job cost histories, documents required to maintain 501(c)(3) status for Friends of the Utah Center, minutes of meetings, and other documents pertaining to Friends of the Utah Center, and similar documents relating to the Services. Program Manager shall logically organize and segregate the Records from other business records and accounts, and shall retain the records for at least twenty four (24) months from the date on which Agency is billed for the last component of any portion of the Services. 16.2 Right of Agency to Audit Records. Agency or any authorized designee thereof, shall be entitled at any reasonable time at Agency's expense to audit the Records at Program Manager's offices during Program Manager's regular business hours. In the event that any audit of the Records reveals that Agency has been overcharged for any portion of the Services, the amount of such overcharge(s) shall be, at Agency's election, either deducted from future charges to Agency or refunded to Agency within thirty (30) days from the date Agency notifies Program Manager of such overcharge. Agency's notice shall state with specificity the basis of the claim relating to the overcharge. Program Manager shall have a reasonable opportunity, within such thirty (30) day period, to demonstrate to Agency's 8/5/02 151274v11 17 satisfaction that questioned charges were proper. If the Parties are unable to come to an agreement with regard to the existence of an overcharge, the Parties shall each share the cost of a mutually acceptable accountant to resolve the issue. The decision of such accountant shall be binding on the Parties. In the event the audit shows that the charges for the Services are overstated by more than five percent (5%)for any twelve(12)month period,Program Manager shall reimburse Agency for all costs reasonably incurred in making such audit,including without limitation, the cost of any accountants and attorneys,copying costs and related expenses,and the costs and fees of personnel of Agency. Such reimbursement shall constitute a personal obligation of Program Manager and not a charge for the Services. 17. Equipment. 17.1 Purchases. Any equipment("Equipment")purchased by Program Manager pursuant to the Final Budget, or otherwise with funds provided by Agency, shall be used solely in connection with the Services and for no other purpose. Title to the equipment shall be in the name of the Agency. Program Manager shall properly use,maintain and service the Equipment in a manner which preserves the useful life of the Equipment. Upon the expiration or earlier termination of this Agreement, Program Manager shall convey and deliver possession of the Equipment to Agency, without cost to Agency, in the same condition in which the Equipment was delivered to Program Managet, reasonable wear,tear and casualty not required to be insured by Program Manager hereunder, 8/5/02 151274v L I 18 excepted. Program Manager shall deliver to Agency a receipt for purchases, and all warranties and instruction manuals for the Equipment. From time to time, as requested by Agency, Program Manager shall deliver to Agency an inventory of the Equipment which includes for each item of Equipment, the date of purchase, the purchase price, the condition, and if the Equipment has been disposed of, the basis therefor and the manner of disposal. Program Manager shall not dispose of any item of Equipment without the prior written approval of Agency. 17.2 Equipment Owned by Agency. Exhibit "D" contains a listing of all equipment currently owned by Agency which is available to the Program Manager for the programming of the Programming/Maintenance Area (hereafter "Existing Equipment"). Program Manager shall properly use, maintain and service the Existing Equipment in a manner which preserves the useful life of the Existing Equipment. Upon the expiration or the earlier termination of this Agreement, Program Manager shall convey and deliver possession of the Existing Equipment to Agency without cost to Agency, in the same condition in which the Existing Equipment was provided to Program Manager, reasonable wear and tear excepted. 18. Reimbursement of Program Manager. Agency, with contributions from oiher Property Owners, shall pay to Program Manager, in advance on the first day of the first calendar month of the Term, a sum equal to one-twelfth (1/12) of the budgeted general overhead costs for the year and a one-month advance on programming revenues. Any adjustments to the actual amount due and owing Agency shall be determined by August 1 of each year during the Term, and 8/5/02 I51274v1 I 19 shall be paid or credited by Agency in connection with its September 1 payment each year thereafter during the Term. Notwithstanding the foregoing, Program Manager may request Agency to reimburse Program Manager for extraordinary expenses from time to time. Any such request shall not be unreasonably denied and will be timely processed; provided, Agency shall have no obligation to pay Program Manager during any year,amounts in excess of that required to be paid by Agency pursuant to this Agreement. 19. Indemnification. Program Manager shall indemnify,hold harmless, and defend Agency and the other Property Owners, their officers, agents and employees, from and against all claims, damages, expenses, liabilities, judgments, defense expenses and costs (including reasonable attorneys' fees)arising from the actual or alleged wrongful act,omission to act,willful misconduct, or negligence of Program Manager, its officers, agents and employees arising in connection with the Services. However, no obligation shall accrue to pay such attorneys' fees, until the Program Manager has refused to accept and defend, following a written tender of the defense by Agency or the other Property Owners,as the case may be. 20. Insurance. At all times during the Term, Program Manager shall maintain the following minimum insurance coverage through a company licensed to do business in the State of Utah or, at Program Manager's sole discretion,cover these and other indemnity risks through its self-insurance program. Any commercial insurance coverage shall,at a minimum,be as follows: 20.1 Workers' compensation--state statutory limit; 20.2 Employer's liability--Five Hundred Thousand Dollars($500,000); si5 O2 is 1274v a 20 20.3 The standard commercial general liability coverage: One Million Dollars ($1,000,000) per incident or Two Million Dollars ($2,000,000) in the aggregate; 20.4 Automobile liability: One Million Dollars($1,000,000)combined single limit; 20.5 Errors and omissions: One Million Dollars($1,000,000); 20.6 Employee dishonesty: Fifty Thousand Dollars($50,000); 20.7 "Special Events coverage" on any scheduled event that is not a regularly scheduled activity,with limits equal to not less than Five Million Dollars($5,000,000)per each occurrence and not less than Ten Million Dollars($10,000,000)in the aggregate;and 20.8 Such other policies of insurance insuring against such risks as Agency reasonably deems prudent from time to time. In the event the Program Manager elects to obtain commercial insurance coverages(as contrasted with self-insurance)the foregoing policies shall name Agency, and the other Property Owners, GUCOA and Friends of the Utah Center as additional insureds. Further, in the event that commercial insurance is acquired by the Program Manager,it shall deliver to Agency a certificate of insurance evidencing that the commercial insurance is in full force and effect. 20.9 Commercial insurance, if provided, shall include the following provisions: (i) The contract shall provide that the policy may not be canceled or reduced in amount or coverage below the requirements of this 8/5102 151274viI 21 Agreement, without at least thirty (30) days' prior written notice by the insurer to each insured and to each additional insured; (ii) Shall provide that an act or omission of one of the insureds or additional insureds which would void or otherwise reduce coverage, shall not reduce or void the coverage as to the other insureds; and (iii) Shall provide for contractual liability coverage with respect to the indemnity obligation set forth in the Article entitled "Indemnification". 20.10 Nothing in this Agreement shall be construed to waive,modify or alter the caps on liability or privileges,inununities or other protection provided for or available to the Agency or the Program Manager under the Utah Governmental Immunity Act or otherwise. It is the intent and purpose of this Agreement to preserve all such defenses,immunities and liability caps that limit or minimize the risk or damage exposure to government entities. 20.11 In the event Program Manager elects to provide coverage through its self-insurance program,such self-insurance shall provide the same protections to Agency, the other Property Owners, GUCOA and the Friends of the Utah Center as is required herein with respect to commercial coverage. All insurance coverage shall provide that it is primary; provided, in no event shall Agency be responsible for any retention or deductible. In the event Program Manager elects to provide self-insurance, such self-insurance, or any other provision of this 3/5;02 15127401 22 Agreement, shall not constitute or imply a waiver, modification or alteration of the caps on liability or privileges, immunities or other protection available to the Agency or the Program Manager under the Utah Governmental Immunity Act or otherwise. 20.12 In the event, Program Manager subcontracts or delegates any work pursuant to this Agreement, Program Manager shall cause such subcontractor or delegate, as the case may be, to obtain insurance and deliver to Agency a certificate of insurance with coverage equal to or greater than the insurance required of the Program Manager in this Article, which insurance will name as additional insureds Agency, the other Property Owners, GUCOA and Friends of the Utah Center. 21. Security. Program Manager shall coordinate security for all programming events and activities with the Salt Lake City Police Department and the Common Area Manager. 22. Cooling System, Ice Skating Rink and Refuse Room. 22.1 Cooling System and Ice Skating Rink. Program Manager shall be responsible for coordinating the use of the cooling system for the Plaza with the Common Area Manager. This coordination shall include, but not be limited to, arranging for the activation and on-going operation of the ice skating rink. The Common Area Manager will make the initial ice sheet and any subsequent ice sheets so long as the sheet is not being replaced solely for the addition of decoration on the ice. Program Manager shall be responsible for the day-to-day care of the ice sheet, including cleaning and clearing the ice as needed for ice 8/5/02 1512;4v I 1 23 skaters. Program Manager shall inform the Common Area Manager of any problems with the ice sheet. 22.2 Refuse Room. A refuse room ("Refuse Room") has been construc- ted adjacent to the Parking Structure on property ground leased from Salt Lake City Corporation, as landlord, to Agency, as tenant, pursuant to that certain Lease Agreement to Occupy Public Property, dated August 30, 1991 ("Ground Lease"). The Refuse Room is intended to be used in connection with the business operations on Block 57, including, but not limited to, Boyer's office building, the Parking Structure, the Plaza(and businesses and concessions thereon), and other businesses on Block 57. Agency has granted Boyer a license to use the Refuse Room as set forth in that certain Refuse Services Agreement, dated October 24, 1991, by and between Agency and Boyer ("Refuse Room Agreement"). A copy of the Refuse Room Agreement and Ground Lease have been provided to the Program Manager. Agency hereby grants Program Manager a non-exclusive license to use the Refuse Room in connection with its performance of Services for the Programming/Maintenance Area during the term of this Agreement pursuant to the same terms and conditions applicable to Boyer. Program Manager hereby agrees to use the Refuse Room in accordance with the terms and conditions of the Ground Lease and the Refuse Room Agreement and to properly and promptly administer, enforce and comply with the Ground Lease and Refuse Room Agreement. Agency shall provide Program Manager with copies of all notices, demands or claims made 3/5/02 151274v11 24 by Boyer pursuant to the terms of the Ground Lease and Refuse Room Agreement (and any others pursuant to similar agreements). Agency has or will enter into an agreement providing for removal of refuse from the Refuse Room. Program Manager shall coordinate its use of the Refuse Room with Agency. 23. Utilities. Program Manager and Common Area Manager shall prorate utility costs in connection with the office space in the Activities Building, the other Plaza Buildings and the Programming/Maintenance Area. 24. Termination. Agency may terminate this Agreement at any time without cause, which termination shall be effective 30 days following Agency's notice to Program Manager of such termination;provided, in the event of such termination, Agency shall reimburse Program Manager for its actual costs for reasonable time,material and expenses incurred solely on account thereof, but not including consequential damages or lost opportunity costs. Program Manager shall attach copies of supporting bills,receipts and time documentation to all invoices payable on account of such termination. Such supporting bills,receipts and time documentation shall provide detailed and understandable descriptions and shall be in a form acceptable to Agency. Agency shall have no obligation to pay invoices for which no such supporting documentation is provided. Agency may terminate this Agreement for cause (i.e., Program Manager's default), which termination shall be effective 30 days following Agency's notice to Program Manager of such termination;provided,if Program Manager cures the default within such 30 day period,Agency may not so terminate this Agreement. The indemnity provisions of this Agreement shall survive any termination or expiration of this Agreement. Upon termination of this Agreement, Program 315/02 I51274v11 25 Manager shall deliver to Agency upon Agency's reasonable request therefor (i) any and all materials and/or equipment acquired by Program Manager in connection with its performance of the Services and paid for by Agency or through programming revenues,(ii)all written records in the possession of Program Manager pertaining to the Services, including without limitation, reservations for use of the Programming/Maintenance Area, deposits collected, receipts for expenses,insurance policies,certificates,notices,correspondence,contracts,subcontracts,change orders, invoices,purchase records, canceled checks, etc., which would be useful or convenient to Agency and/or any subsequent Program Manager in performing the Services or continuing the performance of the Services. Agency may terminate this Agreement at any time for cause. 25. Liens;Bonds. Program Manager shall not permit any liens to be attached against all or any part of the Property in connection with its performance of the Services. 26. Restrictions Against Transfer. Agency,in entering into this Agreement,is relying upon Program Manager's expertise and knowledge in performing its obligations. For the foregoing reasons, Program Manager shall not assign this Agreement, or otherwise transfer its rights or obligations hereunder, or subcontract any of the Services without the prior written approval of Agency,which approval may be granted or withheld in Agency's sole, subjective, discretion. In the event of an approved assignment, subcontract or other transfer of obligations under this Agreement, Program Manager shall remain jointly and severally primarily liable with the assignee,subcontractor or transferee to perform all the obligations under this Agreement. Any permitted assignment, contract or subcontract, shall contain the written agreement of the subcontractor or assignee that(i) such party shall assume and agree to be bound by the same 3/5102 151274v1I 26 obligations as Program Manager under the provisions of this Agreement, (ii) such party shall not be or act as an agent or employee of Agency, nor assume or create any commitment or obligation on behalf of nor bind Agency in any respect whatsoever, (iii) all insurance policies shall name Program Manager and Agency (or its designee) as additional insureds, (iv) at Agency's election, Agency may succeed to the interest and rights of Program Manager in such assignment, contract or subcontract and (v) the assignment, contract or subcontract may be terminated with or without cause by Program Manager in the same manner and effect that this Agreement may be terminated by Agency. Program Manager shall provide Agency a copy of each such agreement. 27. Independent Contractor. Program Manager is and shall perform the Services under this Agreement as an independent contractor, and shall not be deemed an agent, employee or legal representative of Agency. Program Manager has no authority to assume or create any commitment or obligation on behalf of or to bind Agency. 28. Conflict of Interest. Program Manager warrants that it is not a party to any other existing or previous agreement which would prevent Program Manager from entering into this Agreement or would adversely affect Program Manager's ability to perform the Services. 29. Notices. Any notice or demand given or served by either Party to this Agreement to the other shall not be deemed to have been duly given or served unless in writing and forwarded by certified or registered mail, postage prepaid, or another commercially recognized means of delivery (including facsimile so long as the original is also sent by U.S. Mail or another means described above), addressed as follows: 8/5/02 151274v11 27 Agency: Redevelopment Agency of Salt Lake City Room 418, City and County Building 451 South State Street Salt Lake City, Utah 84111 Attention: Danny Walz Facsimile 535-7245 Program Manager: Salt Lake City Corporation Public Services Department 36 East 200 South Attention: Manager of John W. Gallivan Utah Center Facsimile 535-6100 Other Owners Wasatch Plaza Holdings, L.L.0 Attn: John Dahlstrom 299 South Main Street, Suite 2400 Salt Lake City, UT 84111 Facsimile: 961-1111 Arcade Developers, LLC Attn: Michael Witte 268 South State Street, Suite 300 Salt Lake City, Utah 84111 Facsimile: 595-7271 Salt Block 57, L.L.C. Attn: William Walsh 1000 Market Street, Building One Portsmouth, NH 03801 Facsimile: 603-559-2179 The person and the place to which notices are to be mailed may be changed by either Party by written notice to the other Party. 30. Attorneys' Fees. In the event either Party brings or commences a legal proceeding to enforce any of the terms of this Agreement, the prevailing Party in such action shall have the right to recover reasonable attorneys' fees and costs from the other Party, to be fixed by the court 815/02 1274v1 I 28 in the same action. The term "legal proceedings" as used above shall be deemed to include appeals from a lower court judgment. 31. Change to Scope of Services. Agency reserves the right to request changes in the scope of Services related to the Programming/Maintenance Area, including, without limitation, alterations, reductions or additions to the Services. Such changes shall be made by an amendment to this Agreement. Program Manager shall accept or reject such amendment within fifteen (15) days (or such reasonable earlier period requested by Agency) of the date such amendment is requested by Agency. Any Amendment shall be on mutually acceptable terms, including financial teens. If Program Manager rejects any request for change, Agency may terminate this Agreement wholly or as it pertains to a portion of the Services and such termination shall be governed by the Article entitled "Termination." If Agency requests, Program Manager shall suspend work on those portions of the Services affected by (i) any contemplated change pending Agency's decision to submit an amendment to this Agreement or (ii) Agency's decision with regard to termination of any part or all of the Services. 32. Compliance with Law. Program Manager shall comply, and shall cause the Programming/Maintenance Area to comply, with all applicable federal, state and local statutes, rules and regulations and all licenses, orders, permits, and certificates pertaining to the programming of the Programming/Maintenance Area and the Services. In addition, Program Manager shall comply with and assist in the enforcement of any rules and regulations pertaining to all or part of the Programming/Maintenance Area. 8/5/02 151274v11 29 33. Cooperation. Program Manager acknowledges that Agency may, from time to time, change. reconfigure and/or reconstruct improvements and the location thereof in the Programming/Maintenance Area and/or the office space and storage space allocated to Program Manager. Program Manager agrees to cooperate and coordinate its activities so to permit and facilitate such change,reconfiguration and/or reconstruction. Agency agrees to provide reasonable notice to Program Manager of its intended activities and to exercise reasonable care to not unnecessarily inconvenience Program Manager. 34. Representation Regarding Ethical Standards for City Officers and Employees and Former Officers and Employees. Agency represents that it has not: (1)provided an illegal gift or payoff to a City officer or employee or former City officer or employee,or his or her relative or business entity; (2)retained any person to solicit or secure this Agreement upon an agreement or understanding for a commission,percentage, brokerage or contingent fee, other than bona fide employees or bona fide commercial selling agencies for the purpose of securing business; (3) knowingly breached any of the ethical standards set forth in the City's conflict of interest ordinance,Chapter 2.44,Salt Lake City Code;or(4)knowingly influenced,and hereby promises that it will not knowingly influence,a City officer or employee or former City officer or employee to breach any of the ethical standards set forth in the City's conflict of interest ordinance,Chapter 2.44, Salt Lake City Code. 35. GRAMA. The City is subject to the requirements of the Government Records Access and Management Act, Chapter 2, Title 63, Utah Code Annotated or its successor ("GRAMA"). All materials submitted by Agency pursuant to this Agreement are subject to S/5/02 15izavn 30 disclosure unless such materials are exempt from disclosure pursuant to GRAMA. The burden of claiming an exemption from disclosure shall rest solely with Agency. Any materials for which Agency claims a privilege from disclosure shall be submitted marked as "Confidential" and accompanied by a statement from Agency explaining Agency's claim of exemption from disclosure. The City will promptly notify Agency of any requests made for disclosure of documents submitted under a claim of confidentiality. Agency may, at Agency's sole expense, take any appropriate actions to prevent disclosure of such material. Agency specifically waives any claims against the City related to disclosure of any materials required by GRAMA. 36. Miscellaneous. This Agreement constitutes the entire Agreement between the Parties with respect to the subject matter hereof and may only be modified by a subsequent writing duly executed by both Parties. Time is expressly made of the essence of each and every provision of this Agreement. This Agreement shall be interpreted and construed only by the contents hereof, and there shall be no presumption or standard of construction in favor of or against either Party. Nothing in this Agreement is intended, nor shall it be construed, to provide any rights or benefits to third parties. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the state of Utah. The invalidity in whole or in part of any term, covenant or provision of this Agreement shall not affect the validity of the remainder hereof. IN WITNESS WHEREOF, this Agreement has been executed as of the date first above written. 3/5/02 151274v11 31 SALT LAKE CITY CORPORATION, a municipal corporation By Mayor "Program Manager" ATTEST: Chief Deputy City Recorder Approved as to fowl: Salt Lake City Attorney's Office REDEVELOPMENT AGENCY OF SALT LAKE CITY, a public agency By Ross C. Anderson Chief Administrative Officer By David Oka, i' Executive irector "Agency" Approved as to form: Jones, Waldo, Holbrook & McDonough r" 8/5/02 151274v 11 �� ----'- -- ---' ' [- -- ------'------ /- — - ----- � nmnoun+ — IN�0p OKI EAMN 710 EINTER Ell M AGENCY PROPER 10 Do DE 1:1 L TY fill D QjEul ft Do[F-1] SALT PROPERTY 44-1116 uj . _ ( `~ o o � O w«sm�xpnopcnry n o o | U nn� o/ owx T` __o '' ' " � o L � q ARCADE pnoPsnTY � n o u' o / o o/ o �� 300SOm ,= \ / Exhibit"B" Salt Lake City Corp 0414075 Projected FY0203 07/01/02 to 06/30/03 Dep Reg Bdgt Revenue 131204 Gallivan Ret Frog Assess Fee S 72,512 1312 REDEVELOPMENT $ 101,942 1688 CASH OVER&SHORT S (37) Total Revenue $ 174,417 Expense 211101 EXECUTIVE ANNUAL BASE PAY S - 211102 EXECUTIVE LONGEVITY PAY $ 2113 EXECUTIVE-OVERTIME PAY S - 215101 CLERICAL ANNUAL BASE PAY S - 219901 Salary Contingency-Budget S 123,720 2199 SALARY CONTINGENCY S - 219999 Payroll Allocation $ 7,130 2173 Annual Cash Conversion 219110 EMPLOYEE BENEFITS-FICA S - 219113 EMPL BENEFITS-STATE RETIREMEN $ - 219115 EMPL BENEFITS-STATE RET.NON.0 $ - 2195 EMPLOYEE INSURANCE $ - Personal Services 5 130,850 2210 Retail Merchandise $ - 2213 PERIODICALS S 250 2221 STATIONERY SUPPLIES $ 700 2222 SPECIAL FORMS $ 2,000 222310 COPY CENTER CHARGES $ 100 2224 POSTAGE S 500 2225 COMPUTER SUPPLIES $ 2,500 2226 COPIER SUPPLIES $ 250 2240 REPAIR WORK $ - 225406 Equipment-Control Class 2 $ 5,000 225601 T Shirt Apparel $ 1,000 2288 TRAFFIC SIGNS&SIGNALS $ 2,500 2293 PHOTOGRAPHIC SUPPLIES $ 500 2296 LICENSE&TAGS I CERTIFICATES 5 150 2298 SMALL TOOLS&EQUIPMENT $ 5,000 2299 OTHER MATERIAL&SUPPLIES $ 1,500 Operating&Maintenance Supply $ 21,950 219701 WORKER'S COMPENSATION PAY $ 1,000 2305 CONTRACTUAL SALARIES&BENEFITS $ 500 2315 GRAPHIC DESIGN $ 750 2329 OTHER PROFESSIONAL&TECH SERV $ 650 233602 TELEPHONE-LONG DISTANCE $ 250 233603 TELEPHONE-CHANGE ORDERS $ - 234001 MICROCOMPUTER DISCRETIONARY $ 300 2340 MICRO COMPUTER MAINT CONTRACT $ 1,128 2341 OFFICE EQUIPMENT MC'S S - 2351 OFFICE EQUIPMENT MAINTENANCE $ 700 2370 PRINTING CHARGES $ 4,500 2375 ADVERTISING $ 1,500 2506 TELEPHONE LEASE EXPENSE S 3,843 251202 PARKING RENTAL $ 2,316 2513 EQUIPMENT RENTAL S - 2520 MEALS&ENTERTAINMENT S 500 2521 EMP MEAL ALLOWANCE $ 150 2522 MEMBERSHIPS S 500 2523 IN CITY CONVENTIONS&WORKSHOP $ 1,000 2524 MILEAGE $ 500 2525 OUT OF TOWN TRAVEL $ 1,000 2528 REWARDS&RECOGNITIONS S 30 2529 OTHER EMPLOYEE COSTS $ - 2590 OTHER EXPENSES S 500 Charges and Services S 21,617 276050 OFFICE EQUIP/FURNISH-REPLACE $ - Capital Expenditures $ - Total Expense S 174,417 Cost Ctr-0414075 Total Revenue $ 174,417 Total Expense $ 174,417 Net Rev.and Exp. $ - Exhibit"C" Salt Lake City - Budget Report by Oast Center Math Ending 06/30/02 Furd Class : 10 GENERAL FUND Furd : 00100 (PNE RAL FUND Eeportffent : 03000 Public Services Ee17,artment Clot Center: 0414075 Utah Center Adffinstration Cirzent Requstns YID Actl Prior Cbj ect 0 xie Lest. Myth YID and. Actual YID Arn ual Re a.i.nr o Minor/and or/M Major Actual Actual Er me IN/Enc. DE et 13�.x. et Budget Spot Actual Revenuae 131203 Gallivan Retail CAM -5730.0 0.0 0.0 0.0 0 0 0.0 100 0.0 131204 Gallivan Pet Prom Assess Fee 7943.2 36185.9 0.0 36185.9 62562 62562 26376.2 58 11080.0 1312 REDEVELOPMENT 28105.0 127085.0 0.0 127085.0 118785 118785 -8300.0 107 159706.0 OLler Local Sources 30318.2 163270.9 0.0 163270.9 181347 181347 18076.2 90 170786.0 Intergoverrntal Revenue 30318.2 163270.9 0.0 163270.9 181347 181347 18076.2 90 170786.0 1688 CASH OVER & SF-LRT 0.0 -1245.0 0.0 -1245.0 0 0 1245.0 100 80.0 Surdry 0.0 -1245.0 0.0 -1245.0 0 0 1245.0 100 80.0 Miscellaneous Revenue 0.0 -1245.0 0.0 -1245.0 0 0 1245.0 100 80.0 Total Revenue 30318.2 162025.9 0.0 162025.9 181347 181347 19321.1 89 170866.0 21 71011 DI , . . ANNUAL BASE PAY 7372.4 66708.9 0.0 66708.9 68388 68388 1679.1 98 58732.4 211102 E'XEUJI1VE IANIGTVITY PAY 0.0 0.0 0.0 0.0 510 510 510.0 0 113.3 2113 EXELIJIIVE - OVERTIME PAY 0.0 190.5 0.0 190.5 0 0 -190.5 100 3716.1 214101 CP//M� AIN: ANNUL EASE PAY 889.5 2168.6 0.0 2168.6 0 0 -2168.6 100 0.0 2143 OP/MAJNI' OVL=I'1ME PAY 3.0 3.0 0.0 3.0 0 0 -3.0 100 0.0 215101 CLERICAL ANNUAL BASE PAY 0.0 13407.0 0.0 13407.0 24813 24813 11406.0 54 23067.2 2166 Short Team Disability Payment 0.0 4521.5 0.0 4521.5 0 0 -4521.5 100 0.0 2199 SALARY CONTENOIDI2Y 0.0 0.0 0.0 0.0 335 335 335.0 0 0.0 219999 Payroll Allocation 0.0 0.0 0.0 0.0 6790 6790 6790.0 0 0.0 Salaries & Wages 8264.9 86999.6 0.0 86999.6 100836 100836 13836.4 86 85629.0 2173 An ual Cesh Conversion 0.0 0.0 0.0 0.0 1000 1000 1000.0 0 0.0 219110 EMPLOYEE BENEET1S-FICA 613.9 6343.9 0.0 6343.9 6807 6807 463.2 93 6449.6 219113 EML'L BENEFITS-SIAIE PEITREMENT 0.0 0.0 0.0 0.0 0 0 0.0 100 174.3 219115 EMPL BENETTIS-SIATE RET.NELLCT 677.7 6637.9 0.0 6637.9 7638 7638 1000.1 87 8673.6 219118 BTu.Penef_its 501C9 ()PEP 142.2 1409.5 0.0 1409.5 0 0 -1409.5 100 0.0 2195 EMPLOYEE INSURANCE 1226.2 11337.6 0.0 11337.6 13248 13248 1910.4 86 9793.6 Etrployee Benefits 2660.0 25728.8 0.0 25728.8 28693 28693 2964.2 90 25091.1 Perial Services 10924.9 112728.4 0.0 112728.4 12952.9 129529 16800.6 87 110720.1 2210 Retail Marchandioc 0.0 0.0 0.0 0.0 0 0 0.0 100 30.0 2213 PERIODICALS 0.0 0.0 0.0 0.0 250 250 250.0 0 28.0 2221 S?IIP ICNERY SUPPLIES 0.0 3440.8 0.0 3440.8 847 847 -2593.8 406 2358.2 Salt Lake City - BUdget RepatL by Cost Center Month Ending rm 06/30/02 Fund Class : 10 GENERAL FUND Fun]. : 00100 GENERAL FUND Il partnEnL : 03000 Public Services Eepart ent Oast enter: 0414075 Utah Center Pdninstratien RegObject Coda and Cesc. M tht Annual YID and Actual YID Ar tial Rena irmg %tns YID Prior YID -- Minor/Major Actual Actual anThrnc w/En . Eudget Bucket P met SFnt Actual 2222 SPECIAL FORMS 0.0 38.0 0.0 38.0 2000 2000 1962.0 2 0.0 222310 COPY CEi\TILR CHARGES 0.0 291.8 0.0 291.8 100 100 -191.8 292 0.0 2224 POSTAGE 0.0 0.0 0.0 0.0 500 500 500.0 0 822.4 2225 GNPUIER SUPPLIES 0.0 152.5 0.0 152.5 2500 2500 2347.5 6 0.0 2226 COPIER SUPPLIES 0.0 250.0 0.0 250.0 250 250 0.0 100 0.0 2240 REPAIR WORK 0.0 58.6 0.0 58.6 0 0 -58.5 100 456.0 2252 MEDICAL SUPPI TES-FIRE/POT,TCE 0.0 60.0 0.0 60.0 0 0 -60.0 100 0.0 225406 Equip-rent - Control Class 2 0.0 0.0 0.0 0.0 7462 7462 7462.0 0 11614.0 225601 T Shirt Apeparel 0.0 0.0 0.0 0.0 1000 1000 1000.0 0 330.0 2288 TRAFFIC SIGNS & SIGNALS 0.0 0.0 0.0 0.0 2500 2500 2500.0 0 38.8 2293 PURIP EIC SUPPLIES 0.0 600.0 0.0 600.0 500 500 -100.0 120 3467.7 2296 LICENSE & T CERIIFICAIFS 0.0 0.0 0.0 0.0 150 150 150.0 0 0.0 2297 'IRA N & ELIJC P & MATERIAL 0.0 75.0 0.0 75.0 0 0 -75.0 100 0.0 2298 SMALL, 1OJLS & EQUIFMENTT 0.0 14564.7 0.0 14564.7 3901 3901 -10663.7 373 7164.0 2299 MEEK VAIERIAL & SUPPFTES 102.7 777.1 0.0 777.1 1500 1500 722.9 52 874.3 Materials and Supplies 102.7 20308.5 0.0 20308.5 23460 23460 3151.6 87 27183.4 Operating & Maintenance Supply 102.7 20308.5 0.0 20308.5 23460 23460 3151.6 87 27183.4 219701 WORKER'S COMPENSATION PAY 0.0 0.0 0.0 0.0 1000 1000 1000.0 0 0.0 2305 CCNIRAGTUAL S1½L1R155&I37 IIS 0.0 1285.0 0.0 1285.0 500 500 -785.0 257 528.3 2315 GRAPHIC LESION 0.0 0.0 0.0 0.0 750 750 750.0 0 49.4 2328 'IFETINICAL SERVICES 2060.6 2060.6 0.0 2060.6 0 0 -2060.6 100 0.0 2329 UIHER PROFESSIONAL & TECH SERV 600.8 2520.5 0.0 2520.5 650 650 -1870.5 388 -9.0 2331 ELECTRICAL POWER 0.0 25.0 0.0 25.0 0 0 -25.0 100 0.0 233602 IELEHUJF3-L6JNO DISTANCE 75.2 621.2 0.0 621.2 250 250 -371.2 248 343.5 233603 TELERIGNE-MANGE CIDERS 0.0 0.0 0.0 0.0 0 0 0.0 100 15000.0 233604 IFLE INE�IE-LUCT RENTAL 0.0 0.0 541.3 541.3 0 0 -541.3 100 0.0 233609 CABER CEMMU IIGETICN EXPENSE 0.0 1587.1 0.0 1587.1 0 0 -1587.0 100 0.0 234001 MECROCOMPUIER DISCRETIONARY $ 0.0 4950.3 0.0 4950.3 2635 2635 -2315.2 188 827.5 2340 MICA COMPUTER MAIM' CONTRACTS 0.0 0.0 0.0 0.0 1128 1128 1128.0 0 984.0 2341 OFFICE F1 JIIMCETT MI'S 0.0 0.0 0.0 0.0 0 0 0.0 100 240.7 2350 BLDG & HOUSING REPAIR & MU NI' 0.0 82.8 0.0 82.8 0 0 -82.8 100 0.0 2351 OFFICE EQUIPMENT 85.0 476.0 0.0 476.0 700 700 224.0 68 565.2 2370 PRINT= CHARGES 202.6 1272.3 0.0 1272.3 4500 4500 3227.7 28 1633.5 2375 ADVIOZI'IS.TIN 0.0 613.9 0.0 613.9 1500 1500 886.1 41 1090.0 2394 E=TICNAL IRAINENG 0.0 120.0 0.0 120.0 0 0 -120.0 100 0.0 2399 OTHER C NIRACIZIAL PAYMENTS 0.0 649.4 0.0 649.4 0 0 -649.4 100 0.0 2506 TELEPHONE LEASE EXPENSE 368.7 6317.2 769.7 7086.9 3731 3731 -3355.9 190 4168.9 251202 PARKING RENTAL 0.0 1604.0 0.0 1604.0 2316 2316 712.0 69 1888.0 2512 BUILDING RENTALS 0.0 336.0 0.0 336.0 0 0 -336.0 100 0.0 2513 EQUIPMENT RENTAL 0.0 0.0 0.0 0.0 0 0 0.0 100 524.7 2520 MEALS & ENTERTAINMENT 0.0 12.0 0.0 12.0 500 500 488.0 2 0.0 2521 EMP. MEAL ALLOT 'E 14.4 36.0 0.0 36.0 150 150 114.0 24 283.0 Salt Lake City - Beet Repay L by Cyst Center Month Erdinj 06/30/02 Fund Class : 10 CORAL FUND Fund : 00100 GENERAL FLUID Fepartnent : 03000 Public Services ant Crast CFnnter: 0414075 Utah Center IdninstLat1Cn Ca/rent Psgstns YID Actl Prior al Object Cale and Dasc. Month YID and Actual YTD Annual Rea lrrj `o YID Mirxor/Major Actual Actual E crrbmc w/Enc. E .xdpet. Budget Budget Stmt. Actual 2522 MilVIBERSHIPS 0.0 1684.0 0.0 1684.0 500 500 -1184.0 337 1507.8 2523 IN CITY OENVENIrIC NS & WORKSHOP 0.0 700.0 0.0 700.0 1000 1000 300.0 70 521.0 2524 MLEPGP 2.5 87.3 0.0 87.3 500 500 412.7 17 0.0 2525 CIT[ OR Town 'TRAVEL 0.0 0.0 0.0 0.0 1000 1000 1000.0 0 2534.6 2528 RENAL & RFECCNETICNS 0.0 117.1 0.0 117.1 30 30 -87.1 390 0.0 2529 OII-1ER EMPLOYEE C OSIS 0.0 0.0 0.0 0.0 0 0 0.0 100 281.3 2590 OTHER EXPENSES 0.0 0.0 0.0 0.0 500 500 500.0 0 0.0 ChargF3s/Services/Fees 3409.8 27157.6 1310.9 28468.6 23840 23840 -4628.6 119 32962.4 Charges and Services 3409.8 27157.6 1310.9 28468.6 23840 23840 -4628.6 119 32962.4 276050 OFFICE E 7UIP/F URNISH-REP ACEME 0.0 0.0 0.0 0.0 7000 7000 7000.0 0 0.0 Fquipxrent 0.0 0.0 0.0 0.0 7000 7000 7000.0 0 0.0 Capital b e- .iitures 0.0 0.0 0.0 0.0 7000 7000 7000.0 0 _ 0.0 Total Expense 14437.4 160194.5 1310.9 161505.5 183829 183829 22323.5 88 170865.9 Cyst Ctr - 0414075 Total Revenue 30318.2 162025.9 0.0 162025.9 181347 181347 19321.1 89 170866.0 Total e 14437.4 160194.5 1310.9 161505.5 183829 183829 22323.5 88 170865.9 Net Rev. and Epp. 15880.8 1831.3 -1310.9 520.4 -2482 -2482 -3002.4 -21 0.1 Gallivan Events Calendar •:• ,,,,••,,,,••••,_,,,,,,,•.,:;,•,:„.,,,,,,,,,,,,,,..,••,,,-;,,,,,,,::,:•--,:.•,:.:::•-2,. •.:. •.: •,: ; •.,•,•.:....,,.:‘. .,, ,,„tt, i , ,i r€„4 t • r },.„,t ry , .., • Pye I �, �,K,...„„.'. I Sunday 1 Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 X Private Rentals x #Public Rentals# *Events* =Programming= +Holidays+ Gallivan Events Calendar r�.L"' i y z v�l} u I E E�sv `i,( ", � ,‘2,,:-.:.:...,'. -.. --;.-:::- :. . ,, ..,: .',,,.-,,i,.,,. : ::: :.:1:.,2-,:3..,,,,,:,.:1:,, Sunday Monday Tuesday I Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Bud World Bud World Bud World Bud World Bud World Load Out Load Out Load Out Load Out Load Out 4iiPrivate Rentals x #Public Rentals# *vents* =Programming= +Holidays+i Gallivan Events Calendar yg I 1 ec? s l�E k�€ ,,r tp < } ,.,, , ,,„ Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 X UAF *Keep the Spirit Reception X Alive* *Keep the Spirit Alive* 3 4 5 6 7 8 9 *Keep the Spirit * Keep the Alive* Spirit Aive* 10 11 12 13 14 15 16 *Highland #Siamsu (St. Bagpipe Patrick's Fest)# Experience* 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 X Private Rentals x #Public Rentals# vents =Programming= i Holidays+ Gallivan Events Calendar ,w, jai r , r y �y i s : r �i f �!' i a,7. ' ,� ' ,_ Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 X Spectrum & X Forest Bennion X Laboratories X 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 X U/U Ethnic X Duran/Steele Studies Wedding X Reception X 28 29 30 •X Private Rentals x #Public Rentals# events* =Programming= +Holidays+ Gallivan Events Calendar E 7 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 * Garden Brunch * 5 6 7 8 9 10 11 12 13 14 15 16 17 18 =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= X Goddard Wedding X X Bryant Elementary X 19 20 21 22 23 24 25 =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= 26 27 28 29 30 31 =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= *Pasta On The Plaza* X Private Rentals x #Public Rentals# *Events* =Programming= +Holidays-i- Gallivan Events Calendar a ;4 ,` r,,„ .,, ,.:.,,,,,,,.,, ,., ,,,. ',, - .,, , ,: " .- s .1 tfi N Jt la r:a f h ; Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 =CLASSIC= 2 3 4 5 6 7 8 =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= #Utah Pride Day# X Myers Wedding X 9 10 11 12 13 14 15 =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= = Folk& #Arts Fest# Bluegrass Festival= 16 17 18 19 20 21 22 # Utah Arts # Utah Arts # Utah Arts # Utah Arts # Utah Arts # Utah Arts Festival# Festival # Festival# Festival# Festival# Festival# 23 24 25 26 27 28 29 #Utah Arts =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= *Slavic Festival* Festival • Utah Arts 30 Festival Utah Arts =Come Alive= Festival iiiPrivate Rentals x #Public Rentals# •vents* =Programming= +Holidays+ Gallivan Events Calendar , . . , . Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= +HOLIDAY+ =Lunch Bunch= #Vidal Wedding# JTB =Come Alive= Management Concert 7 8 9 10 11 12 13 =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= X Spectrum& =Blues # Monday Night Bennion X X Gray/Monger Festival= Movies# =Come Alive= #Twilight Wedding X Concert# 14 15 16 17 18 19 20 X Salt Lake =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= #Henwood Conv/Visitors X Wedding# #Monday Night =Come Alive= #Twilight Movies# Concert# 21 22 23 24 25 26 27 =Lunch Bunch= =Lunch Bunch= 24ih of July =Lunch Bunch= =Lunch Bunch= #City Weekly# Celebration @ # Monday Night Liberty Park #Twilight Movies# Concert# 28 29 30 31 =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= #Monday Night =Come Alive= Movies# X Private Rentals x #Public Rentals# *Events* =Programming= +Holidays+ Gallivan Events Calendar t a . . , , , , ,,... ,,,,,.0,i f,f•-,,,li; 1:.:',,:;:'4, './3' t 3 cr`ts' • Sunday Monday Tuesday Wednesday,,. Thursday Friday , Saturday 1 2 3 =Lunch Bunch= =Lunch Bunch= #Twilight #Hispanic #Hispanic Concert# Fiesta Days# Fiesta Days# 4 5 6 7 8 9 10 =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= International #Monday Night #Alphagraphics# #Twilight Dance Gala Movies# Concert# #Outdoor Come Alive retailer# 11 12 13 14 15 16 17 International =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= #Suazo Dance Gala *Million Dollar* `Million Dollar* Wedding# #Monday Night Come Alive #Twilight *Million Dollar* Movies# Concert# XNewbry *Million Dollar* WeddingX 18 19 20 21 22 23 24 =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= *Celtic Festival* #Twilight Film Festival X Petco X Concert# 25 26 27 28 29 30 31 =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= #Salt Lake #Salt Lake #Salt Lake Music Music Music Festival# Festival# Festival# 4 Private Rentals x #Public Rentals# ovents* =Programming= +Holidays+ Gallivan Events Calendar t ' ,, , , t nt �+ ++ S j fA,.� t4 1 t,!' if,g9 Vi` ili ��nY'r dl ),[ b t�' i ( x ' - }`�`. 't r i Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= 8 9 10 11 12 13 14 =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= X Girot #Shaken Baby Wedding X X American Conference# Red Cross 9/11 Memorial 15 16 17 18 19 20 21 =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= =Lunch Bunch= =Brewer's X Morton Fest= Wedding 22 23 24 25 26 27 28 29 30 X Private Rentals x #Public Rentals# *Events* =Programming= +Holidays+ Gallivan Events Calendar ,,,, , . , . , ... ,,,,,.,..„,,,,,,,,,,:„4 'k 1,:'3,1:`,f • i ' Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 #Latham Wedding# X Spectrum & *Fall Harvest Bennion X Rib Fest* 6 7 8 9 10 11 12 X Sartor/Tueller Wedding X 13 14 15 16 17 18 19 =Fish Fest= 20 21 22 23 24 25 26 27 28 29 30 31 X Private Rentals x #Public Rentals# ovents* =Programming= +Holidays-• Gallivan Events Calendar ,„ , ,,, ,. . ,F I� $ „ r eY / t' f f Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 =Ice Rink Opening Party= 17 18 19 20 21 22 23 # Remembrance Tree# 24 25 26 27 28 29 30 +HOLIDAY+ =Lights On= =Holiday Lights= griPrivate Rentals x #Public Rentals# 1vents* =Programming= +Holidays+ Gallivan Events Calendar .. , , ‘..- , ,, ,,,,,,,,•,:„ ( i Sunday Monday Tuesday Wednesday Thursday Friday- - Saturday 1 2 3 4 5 6 7 X Delta Airlines X KSL Radio Ice Rink Ice Rink =Holiday Lights= 8 9 10 11 12 13 14 =Holiday Lights= 15 16 17 18 19 20 21 =Holiday Lights= 22 23 24 25 26 2 28 +HOLIDAY+ 29 30 31 # First Night# X Private Rentals x #Public Rentals# *Events* =Programming= +Holidays+• Exhibit "D" ADMINISTRATION/PROGRAMMING INVENTORY GALLIVAN UTAH CENTER asset_id key_word description manufacturer agency cost_center object_code 31092 COMPUTER DESKTOP COMPAQ 4 310300 276050 3981 COMPUTER CPQP111500 COMPAQ 4 310300 276050 4116 PA SYSTEM PA SOUND SYSTEM PIONEER 4 412300 2750 4119 LADDER LADDER 20 FT 4 412300 2750 4121 COPIER COPY MACHINE MITA 4 412300 276050 4122 -tYPERWIRTER TYPERWRITER ALLMAKES 4 412300 2760 4129 CI-IAIR STACKING, RED SHADE SHELL KI MATRIX 4 412300 2760 4136 COMPUTER COMPUTER 4 412300 2700 4148 CART PORTABLE VACUUM CART 4 412300 2750 4151 SOUND SYSTEM PEAVEY 4 412300 276005 4152 FRIDGE 4 412300 276005 4153 RANGE 4 412300 276005 4154 CHESS SET CHESS SET 4 412300 2299 4168 LIGHT POLE FOR X-MAS LIGHTS DESIGN WEST 4 412300 2750 4192 SI-IARPENTER SUPER PRO SKATE EZ SHARP 4 412300 2750 4193 BUFFER FLOOR MACHINE POWER FLIGHT 4 412300 2750 4194 ICE EDGER THOMSEN ICE EDGER 8.5 ENGINE 4 412300 2750 4197 DECORATIONS X-MAS DECOR AND LIGHTS 4 412300 2750 4240 ZAMBONI 440 SIDE DUMP LH ZAMBONI 4 412300 2750 4102 DOLLY RED CHAIR DOLLY MBI BUSTIN 4 414075 2760 4103 CHAIRS STACKING CHAIRS MBI BUSTIN 4 414075 2760 4104 SKATES ICE SKATES SANDLER 4 414075 2760 4105 CI-IAIR SIDE CHAIR MIDWEST 4 414075 2760 41082 DHS SYSTEM INSTALLATION OF DHS SYSTEM, CALLER ID DHS 4 414075 276050 41822 FILE LATERAL, 2 DR STEELCASE 4 414075 276050 42259 DESK workstation w/partitions,built-ins, desks STEELCASE 4 414075 2760 42470 CABINETS STORAGE CABINETS CLOSET CABINETS 4 414075 2750 42479 COMPUTER DESK PRO COMPAQ 4 414075 2760 42480 COMPUTER DESK PRO COMPAQ 4 414075 2760 42483 CABINET CONFERENCE ROOM STORAGE CABINET GREAT LITTLE CLOSET , 4 414075 2750 42486 COMPUTER ARMADA LAP TOP CARBON COMPAQ 4 414075 2760 42487 CUBICLES OFFICE PARTITIONS AND CUBICLES MIDWEST OFFICE 4 414075 2720 42488 COPIER CANON COPIER CANON 4 414075 2760 42592 TENT DIAMOND DIAMOND TENTS DIAMOND 4 414075 225406 42593 MOTOROLA HT1250 TWO WAY RADIO HT1250 MOTOROLA 4 414075 225406 42594 MOTOROLA HT1250 TWO WAY RADIO MOTOROLA HT1250 MOTOROLA 4 414075 225406 42595 MOTOROLA HT1250 TWO WAY RADIO MOTOROLA 4 414075 2.25406 42596 MOTOROLA HT1250 TWO WAY RADIO MOTOROLA 4 414075 225406 42597 MOTOROLA HT1250 TWO WAY RADIO MOTOROLA 4 414075 225406 42598 MOTOROLA HT1250 TWO WAY RADIO MOTOROLA 4 414075 225406 42599 MOTOROLA HT1250 TWO WAY RADIO MOTOROLA 4 414075 225406 42600 MOTOROLA HT1250 TWO WAY RADIO MOTOROLA 4 414075 225406 42601 MOTOROLA HT1250 TWO WAY RADIO MOTOROLA 4 414075 225406 42602 MOTOROLA HT1250 TWO WAY RADIO MOTOROLA 4 414075 225406 42685 PHONES NEXTIRA PHONE SYSTEM AND PHONES NEXTIRA 4 414075 233603 42686 PHONES WILLIAMS VALUE PHONE SYSTEM ? 4 414075 233603 42687 PRINTERCOLOR COLOR PRINTER ? 4 414075 233603 486 WORKSTATION WORKSTATION THAT RUNS ALONG WALL MIDWEST 4 414075 2760 487 TACK BOARD TACK BOARD MIDWEST 4 414075 2760 488 BOOKSHELF BOOK SHELF MIDWEST 4 414075 2760 489 TACK PANEL TACK PANAL MIDWEST 4 414075 2760 490 TACK PANEL TACK PANAL MIDWEST 4 414075 2760 491 TACK PANEL TACK PANAL MIDWEST 4 414075 2760 492 TABLE CONFERENCE TABLE MIDWEST 4 414075 2760 493 TACK BAORD TACK BOARD MIDWEST 4 414075 2760 494 COAT RACK COAT RACK MIDWEST 4 414075 2760 4873 AUDIO AUDIO FOR PROGRAMMING PERFORMANCE AUDIO 4 414076 2299 42485 LOCKERS COIN OPERATED LOCKERS PENCO 4 414078 2760 42498 DUST COLLECTOR SKATE SHARPENER DUST COLLECTOR EZSHARP 4 414078 2269 59512 VACUUM UPRIGHT VACUUM HOOVER 4 5914075 2750 59546 MICROWAVE OVEN AMANA 4 5914075 276005 59568 RADIO HANDHELD PORTABLE RADIO TEKK 4 5914075 2750 59581 CAMARA CAMARA RICOH 4 5914075 2299 59582 FILE VERTICAL 4 DRAWER PUTTY LETTER STEELCASE 4 5914075 276005 59583 FILE LATERED 2 DRAWER PUTTY STEELCASE 4 5914075 276005 59584 TABLE COMPUTER W/SHELF VIRCO 4 5914075 276005 59585 TABLE COMPUTER VIRCO 4 5914075 276005 59586 CLOCK TIME LATHEM 4 5914075 276005 59587 SPRAYER BACKPACK SPRAYER STEVE REGAN 4 5914075 2750 59595 CABINET STEEL STORAGE CABINET TENNSCO 4 5914075 276050 59596 VALET SINGLE PEDESTAL VALET VOLGEL PETERSON 4 5914075 2299 59597 RACK SINGLE FACE RACK VOLGEL PETERSON 4 5914075 2299 59607 RADIO 2 WAY RADIO, 1 CHANNEL, 2 WATT TEKK 4 5914075 2750 59613 SHELVES 36X15X75 COMMERICAL TENSCO 4 5914075 2274 59636 DRILL CORDLESS DRILL W/13 PIECE DRIL SKIL 4 5914075 2278 59639 SAFE COMBINATION SAFE GLENS KEY 4 5914075 2760 59656 TV 20" TELEVISION 4 5914075 2760 59657 VCR VCR RCA 4 5914075 2760 59658 STEREO CD PLAYER/RADIO/TAPE SONY 4 5914075 2760 59661 STAND 9-POCKET FLOOR STAND BOISE CASCADE 4 5914075 2760 59676 TABLE MULTI-PURPOSE BOISE CASCADE 4 5914075 2299 59679 RADIO 2-WAY RADIO W/CASE TEKK 4 5914075 251303 59698 BOOKCASE 2 SHELVES 30" MIDWEST 4 5914075 2760 59699 CORK BOARD CORK BULLETIN BOARD MIDWEST 4 5914075 2760 59700 DOLLY TRANSPORT MATRIX 4 5914075 2274 59772 DOLLY DOLLY, BLACK KI MATRIX 4 5914075 2760 7967 BLOWER BACKPACK, GAS POWERED BLOWER TANAKA 4 5914075 2750 7968 EDGER WALK BEHIND TANAKA 4 5914075 2750 7969 BLOWER WALK BEHIND BILLY GOAT 4 5914075 2750 7971 TRIMMER GRASS TRIMMER/STRING TANAKA 4 5914075 2750 42489 COMPUTER LAP TOP COMPUTER COMPAQ 4 7777122 2225 MEMORANDUM DATE: October 11,2002 TO: City Council Members FROM: Russell Weeks RE: Programming Agreement Between Salt Lake City and the Salt Lake City Redevelopment Agency to Manage and Program Events at Gallivan Center CC: Cindy Gust-Jenson,Rocky Fluhart,David Nimkin,Steven Allred Rick Graham, David Oka,Danny Walz,Shiela Yorkin,Gary Mumford,Michael Sears This memorandum addresses a proposed agreement between the City and the Salt Lake City Redevelopment Agency to manage Gallivan Center and program events there.The proposed agreement is scheduled for a briefing at the City Council's meeting October 15. Issues/Questions for Consideration The agreement that the proposed contract succeeds apparently expired June 30.Given that,would adopting the proposed agreement present any legal issues? Given the Redevelopment Agency Board of Directors'action Thursday to accept the Salt Lake Olympic Organizing Committee gift and reconfigure parts of the Gallivan Center to accommodate the gift,does the action have any bearing on the terms of the contract? Backeround/Discussion As the Administration's transmittal letter indicates,the Redevelopment Agency has contracted with the Public Services Division for the last nine years to manage Gallivan Plaza and program events there.According to the cover letter,the term of the proposed agreement would run three years,and an estimated 275 events would be held each year during the contract. On Thursday,the RDA Board of Directors adopted a motion to accept a gift from the Salt Lake Olympic Organizing Committee of the Hoberman Arch and$5 million.The arch would be located on Gallivan Center,and significant work in reconfiguring the center is expected. Before the RDA Board meeting Thursday RDA Director David Oka indicated that if the RDA entered into an agreement with the Organizing Committee involving the Committee's gift, the RDA may consider amending the proposed agreement. In speaking briefly with Gallivan Center Manager Sheila Yorkin,she indicated that if Gallivan Center were to undergo reconfiguration,the Center's personnel expected to hold events in other locations downtown.The events would be advertised as presented by the Gallivan Center to keep the Center's name recognition current.For example,an advertisement might run as"the Gallivan Center Presents the Bluegrass Festival." Even so, Council Members may wish to inquire further about the possibility of scheduling and organizing 275 events during the reconfiguration of Gallivan Center. Council staff has noted that the existing contract apparently has expired. Staff contacted the City Attorney's Office to determine if the expiration of the contract posed any legal issues. However,staff was unable to obtain the information. 2 OCT 1 0 2002 STEPHEN A. GOLDSMITH SALE' t' ; SEE vi T1Y G:= POR 8 i1� =1=,1 -,� �MM, -� -as ���-��S ROSS C. ANDERSON PLANNING DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT MAYOR BRENT B. WILDE PLANNING DIVISION DEPUTY PLANNING DIRECTOR DOUGLAS L. WHEELWRIGHT, AICP DEPUTY PLANNING DIRECTOR MEMORANDUM Date: October 10, 2002 To: City Council -/ From: Doug Dansie, AICP ( , Subject: Walkable Communitie iwiice Attached is a copy of the CN zoning as originally proposed as part of the Walkable Communities ordinance. Also attached is a draft of the same ordinance in a format proposed by Frank Gray. Please note that the concepts and criteria are similar, but the processes differ. The traditional form relies on a prescriptive format with the Planning Commission/planned development process as the authority for the discretionary guideline review and approval. The potential new format relies on discretionary guidelines that, in the short term, are interpreted by the Planning Director(or designee) with a separate appeal to the Planning Commission. The long-term goal would be to create a design review committee. This information is being provided for your review prior to the next discussion/briefing. 451 SOUTH STATE STREET, ROOM 406, SALT LAKE CITY, UTAH 841 1 1 TELEPHONE: 801-535-7757 FAX: 801-535-61 74 �� weereco rnvew Existing proposal 21A.26.020 CN Neighborhood Commercial District: A. Purpose Statement: The CN Neighborhood Commercial District is intended to provide for small scale commercial uses that can be located within residential neighborhoods without having significant impact upon residential uses. The design guidelines are intended to reinforce the historical scale and ambiance of traditional neighborhood retail that is designed with the pedestrian as the primary user. B. Uses: Uses in the CN Neighborhood Commercial District as specified in the Table of Permitted and Conditional Uses for Commercial Districts found at Section 21A.26.080 of this Chapter, are permitted subject to the general provisions set forth in Section 21A.36.010 of this Title and this Section. C. Planned Development Review: Planned developments, which meet the intent of the ordinance, but not the specific design criteria outlined in the following subsections, may be approved by the Planning Commission pursuant to the provisions of Section 21A.54.150 of this Title. CD. Lot Size Requirements: No minimum lot area or lot width is required. No lot shall be larger than sixteen thousand five hundred (16,500) square feet. DE. Maximum District Size: The total area of a contiguously mapped CN District shall not exceed ninety thousand (90,000) square feet, excluding all land in public rights of way. EF. Minimum Yard Requirements: 1. Front Or Corner Side Yard: A fifteen foot (15')minimum front or corner side yard shall be required. Exceptions to this requirement may be authorized as a conditional use, subject to the requirements of Part V, Chapter 21A.54 of this title, and the review and approval of the Planning Commission. 2. Interior Side Yard: None required. 3. Rear Yard: Ten feet (10'). 4. Buffer Yards: Any lot abutting a lot in a residential district shall conform to the buffer yard requirements of Part IV, Chapter 21A.48 of this Title. 5. Accessory Buildings And Structures In Yards: Accessory buildings and structures may be located in a required yard subject to Table 21A.36.020B of this Title. 6. Maximum setback. A maximum setback is required for at least sixty five percent (65%) of the building facade. The maximum setback is twenty five feet(25'). Exceptions to this requirement may be authorized as conditional uses, subject to the requirements of Part V, Chapter 21A.54 of this Title, and the review and approval of the Planning Commission. The Zoning Administrator may waive this requirement for any addition, expansion, or intensification,which increases the floor area or parking requirement by less than 50% if the Zoning Administrator finds the following; • The architecture of the addition is compatible with the architecture of the original structure. • The addition is not part of a series of incremental additions intended to subvert the intent of the ordinance. 7. Parking setback. Surface parking is prohibited in a front or corner side yard. Surface parking lots within an interior side yard shall maintain a thirty foot (30') landscape setback from the front property line. Parking structures shall maintain a forty live foot (45') minimum setback from a front or corner side yard property line. There are no minimum or maximum setback restrictions on underground parking. Exceptions to this requirement may be authorized as conditional uses, subject to the requirements of Part V, Chapter 21A.54 of this Title, and the review and approval of the Planning Commission. The Zoning Administrator may waive this requirement for any addition, expansion, or intensification,which increases the floor area or parking requirement by less than 50% if the Zoning Administrator finds the following; • The parking addition is compatible with the architecture/design of the original structure. • The parking addition is not part of a series of incremental additions intended to subvert the intent of the ordinance. FG. Landscape Yard Requirements: Front and corner side yards shall be maintained as landscape yards. Subject to site plan review approval,part or all of the landscape yard may be a patio or plaza, conforming to the requirements of Section 21A.48.090 of this Title. GH. Maximum Height: Twenty five feet (25') or two and one-half(2 1/2) stories, whichever is less. (Ord. 88-95 § 1 (Exh. A), 1995: Ord. 26-95 § 2(13-1), 1995) 141 Entrance And Visual Access: i. Minimum First Floor Glass: The first floor elevation facing a street of all new buildings or buildings in which the property owner is modifying the size of windows on the front façade, shall not have less than forty percent (40%) glass surfaces. All first floor glass shall be non-reflective. Display windows that are three-dimensional (3-D) and are at least two feet(2') deep are permitted and may be counted toward the forty percent (40%) glass requirement. Exceptions to this requirement may be authorized as conditional uses, subject to the requirements of Part V, Chapter 21A.54 of this Title, and the review and approval of the Planning Commission. The Zoning Administrator may approve a modification to this requirement, as a routine and uncontested special exception, pursuant to the procedures found in Part II, Chapter 21A.14 of this Title, if the Zoning Administrator finds: (A) The requirement would negatively impact the historic character of the building, or (B) The requirement would negatively impact the structural stability of the building. ii. Facades: Provide at least one operable building entrance per elevation that faces a public street. Buildings that face multiple streets are only required to have one door on either street, if the facades for both streets meet the forty percent(40%) glass requirement. iii. Maximum Length: The maximum length of any blank wall uninterrupted by windows, doors, art or architectural detailing at the first floor level shall be fifteen feet (15'). iv. Screening: All building equipment and service areas, including on-grade and roof mechanical equipment and transformers that are readily visible from the public right of way, shall be screened from public view. These elements shall be sited to minimize their visibility and impact, or enclosed as to appear to be an integral part of the architectural design of the building. IJ. Parking lot/structure lighting. If a parking lot/structure is adjacent to a residential zoning district or land use, the poles for the parking lot/structure security lighting are limited to 16 feet in height and the globe must be shielded to minimize light encroachment onto adjacent residential properties. Lightproof fencing is required adjacent to residential properties. 21A.54.150.E.4 Planned developments within the RB, RMU, MU, CN, CB, and CSHBD zoning districts and the South State Street Overlay. Also planned developments within the CS zoning district, when the district is adjacent to more than 60% residential zoning (within 300 feet, either on the same block or across the street). Planned developments within these zoning districts may be approved subject to consideration of the following general conceptual guidelines (a positive finding for each is not required): • The development shall be primarily oriented to the street, not an interior courtyard or parking lot, • The primary access shall be oriented to the pedestrian and mass transit, • The facade shall maintain detailing and glass in sufficient quantities to facilitate pedestrian interest and interaction, • Architectural detailing shall emphasize the pedestrian level of the building, • Parking lots shall be appropriately screened and landscaped to minimize their impact on the neighborhood, • Parking lot lighting shall be shielded to eliminate excessive glare or light into adjacent neighborhoods, • Dumpsters and loading docks shall be appropriately screened or located within the structure, and • Signage shall emphasize the pedestrian/mass transit orientation. Consultant proposal CN-Neighborhood Commercial District A. Purpose Statement: The CN Neighborhood Commercial District is intended to provide for small scale commercial uses that can be located within residential neighborhoods and which provide for neighborhood services without having significant impact upon residential uses. This district and it's design guidelines are intended to reinforce the historical scale and ambiance of traditional neighborhood retail that is designed with the pedestrian as a significant user. B. Uses: (same) C. Planned Development Review: (same) D. Lot size requirements: (same) E. Maximum District Size: (same) F. Minimum Yard Requirements: 1. Front or Corner Side Yard: A minimum front or corner side yard shall be required in accordance with the table below. This may be adjusted up to 0' in accordance with an existing structure on the site or adjacent structures existing setbacks if the Director of Planning determines it helps to preserve the character of the blockface. 2. Interior Side Yard: None required 3. Rear Yard: Ten feet (10") 4. Buffer Yards: (same) 5. Accessory Buildings and Structures in Yards: (same) 6. Maximum Front or Corner Side Yard setback: A maximum setback is required for at least sixty five percent (65%) of the buildings front or corner side facade. The maximum setback is in accordance with the table below. The Planning Director or his/her designee may waive this requirement for any addition, expansion, or intensification, which increases the floor area or parking requirement by less than 50% if: a. The architecture of the addition is compatible with the architecture of the original structure. b. The addition is not part of a series of incremental additions intended to subvert the intent of the Ordinance. Zone District Front or Corner Side Yard Interior Side Yard Rear Yard Minimum Maximum _ CN-Arterial 20 30 None 10 CN-Collector 15 25 None 10 CN-Local 15 20 None 10 CN-Trail 10 20 None 10 G. Maximum Height: Twenty five feet (25') or two and one-half(2 Y2) stories, which ever is less. CN-Neighborhood Commercial Building and Site Design Guidelines and Standards The intent of these design guidelines and standards is to guide the development of land and structures within the building envelopes defined by the zoning regulations for this district. A. Building Appearance: 1. Entrance and Visual Access: a. Minimum First Floor Glass: The first floor elevation facing a street of all new buildings or buildings in which the property owner is modifying the size of the windows on the front facade, shall not have less then forty(40%) glass surface. All first floor glass shall be non-reflective. Display windows that are three- dimensional (3-D) and are at least two feet (2') deep are permitted and may be counted toward the forty percent(40%) glass requirement. Exceptions to this requirement may be authorized by the Director of Planning or his/her designee. An appeal of such decision may be made to the Planning Commission under the procedures found in section ????. The Zoning Administrator may approve a modification to this requirement, as a routine and uncontested special exception, pursuant to the procedures found in Part II, Chapter 21A.14 of the zoning ordinance if the Zoning Administrator finds: 1) The requirement would negatively impact the historic character of the building, or 2) The requirement would negatively impact the structural stability of the building. b. Facades: Provide at least one operable building entrance per elevation that faces a public street. Buildings that face multiple streets are only required to have one door on either street, if the facades for both streets meet the fourty(40%) glass requirement. c. Maximum Length: The length of any blank wall uninterrupted windows, doors, art or architectural detailing at the first floor level shall be fifteen feet (15'). d. Screening: All building equipment and service areas, including on-grade and roof mechanical equipment and transformers that are readily visible from the public right of way, shall be screened from public view. These elements shall be sited to minimize their visibility and impact, or enclosed as to appear to be an integral part of the architectural design of the building. 2. Building Color and Materials: etc. B. Parking Improvements: 1. Parking Setback: Surface parking is prohibited in the front or corner side yard. Surface parking lots within an interior side yard shall maintain a thirty foot (30')landscape setback from the front property line. Parking structures shall maintain a forty five (45') minimum from a front or corner side yard property line. There are no minimum or maximum setback requirements on underground parking. Exceptions to this requirement may be authorized by the Director of Planning or his/her designee. An appeal of such decision may be made to the Planning Commission under the procedures found in section ????. The Zoning Administrator may approve a modification to this requirement, as a routine and uncontested special exception,pursuant to the procedures found in Part II, Chapter 21A.14 of the zoning ordinance if the Zoning Administrator finds: 1) The requirement would negatively impact the historic character of the building, or 2) The requirement would negatively impact the structural stability of the building. 2. Parking lot/structure lighting: (samel C. Landscaping: 1. Landscape Yard Requirements: (same) D. Public Improvements: 1.Sidewalks (These should be pedestrian friendly standards from the SLC standards. If these do not exist see the Portland Pedestrian Standards which I am sending along) 2. Driveways See above SALT 'LANE CITY ,•-• His _._ Sidewalk Entertainment and Art Displays Salt Lake City Ordinance No.22 of 2002 June 3,2002 C O UNC I L FACT SHEET The"Sidewalk Entertainment and Art Displays"ordinance for Salt Lake City was enacted as law on Friday,May 31,2002. The purpose of the ordinance is to encourage public activities by artists in all disciplines, balanced by public safety and other municipal concerns: Following are the primary provisions of the law: Artists are allowed to perform or exhibit their work on publio property(primarily__ sidewalks)in all commercially-zoned districts AND irkspecifically designated areas in all -operated parkSugarhouse Park is not included). 13 I0,T� %ct�esc Yim%NaT°`� 7c�G1Ti0 i9 c��� r� Maps of commercial zones and designated areas in the parks are being prepared and will Mel '�'' shortly be available for artists'reference. 0 C:Gt,;T rla5'6, err ce1T ,FIaT,,T A ermit,issued by Salt Lake City Property Management at the cost of$50 per year,is_ dot-,',,,n 6 required for visual artists who sell their work on public property more than 12 times each �<aR 7 ar. she ke wArtists 18 years of age or younger,performing artists,and visual artists who do not sell . /a7 n 1 ork more than 12 times each year are not required to register or apply for a permit. �dc.,Cr,i,,. 6C41 0?can Restrictions on these activities are listed in the ordinance and provide for specific hours at.5 e of activity,description of acceptable displays,provisions for pedestrian,business and handicapped access.__ so on. /The ordinance includes a section on permitted Special Events,providing that artists must receive permission from the manager of the Special Event to p icipate in that event. If��c,3a/ s`l the artist does not have permission to participate,the artist muocated at least 100 feet from the perimeter of the Special Event. A r cc'T'K7r5n T _ -- f7-ee Spec-c / T For more information on applying for a permit,call Salt Lake City Property Management on pie b//C at 535-7133. For more information about other programs and services for artists,call Salt �YJ Jc,r.T � Lake City Arts Council at 596-5000,or Utah Arts Council at 236-7553. /Vc,r F op PS'E' ////err7S Ctrs /F Ct '_.g / n�C 4k ,-, arm /Cc�t^r�:c.J� i/,r rcr' Cpr7�,fi TART BARN r FINCH LANE GALLERY H E 1'Jel� a l l rC e Tc. Sr ...r C�� SALTILACE LCITY �i —7 —�— �UTAH / 84102 SF N I� p I CI FC_1/G!l C �C /C 'G!/ �GP%'/S FUX 01 530 05 7 \�\\ -may FA%:801.530.0 0 0 %ram - �T�v� � C���� Gruen �✓r ��> c�/�� To�� C/I' cz// ��' /e c is 2 /% e S7�6.F7 czI'T.s / 0/'GSl9t�C f�CF Yet. :9) r/ l r c12,e) e pee/ �r ?y L GFr7,SC pr c 1/ c prcpe:r7) 7-nor,c, ic ,� l.. li, c -Z .PeJ/7 7c7; (,) (7). 26.7) 7, � T ruk' 6,v ;2--r Ro,r7 7Th RN^ Ao yyi-CT/�c 72 6-7 22,—/ • Ac U E aY) 662 /ws L01� 60 6 ��� T 1, -;,c6, ��s� v)/Cis- s, ,cv /7v 1 / `iavCT' Cc=&e,--7-7-C c2/10/ce i T to /vCx riaza issue to pit mayor vs. ACLU Page 1 of 3 deseretne s.com. 4 IV Tuesday, October 15, 2002 Plaza issue to pit mayor vs. ACLU Format story for printing By Brady Snyder Deseret News staff writer E-mail a copy What a difference a week makes. of this story In that short span Salt Lake Mayor Rocky Anderson has has gone from saying it would be a "betrayal"to relinquish the city's easement through Main Street Plaza to pursuing a deal that would do just that. But the mayor denies he's flip-flopped on the plaza issue. Tuesday afternoon, after Deseret News press time,Anderson was Transmissionscheduled to meet with a group of University of Utah philosophy and Problems law professors, former City Council members,various church leaders and attorneys in an attempt to solve the sticky plaza issue. At the meeting Anderson was poised to present the panel with his plan for the plaza — a deal that calls for the city to give up its public easement through the plaza in exchange for The Church of Jesus Christ ►'. `� of Latter-day Saints allowing unfettered public access. The church would maintain the ability to limit free speech and expression. ar , voci vet%'ok But that meeting —closed to the public and press —has run afoul of S'` Mt e the American Civil Liberties Union,which has called for a boycott. Anderson's plan would create a situation similar to what existed when the city sold a portion of Main Street to the LDS Church in April Computer 1999. The church obtained the street for $8 million and turned it into a pedestrian plaza, while the city was allowed to keep a public right-of- Business way easement through the plaza. The church retained the ability to Show restrict certain activities like sunbathing, smoking, swearing and proselytizing. a i, After the sale, the ACLU filed suit on behalf of the First Unitarian -1 , ' 13, I Church of Salt Lake City, among others, who claimed the sale was illegal on First Amendment grounds. Bring the U.S. District Judge Ted Stewart disagreed.An appellate court Whole Team agreed. to enjoy.. Last week the loth Circuit Court of Appeals struck down Stewart's decision, dismissing the case. The appeals court ruled the sale ran afoul of free-speech rights and told the city and church to fix the problem. Stephen Clark, an attorney working with the ACLU, said Anderson's fix is wrong and he had advised the Unitarian Church not to attend http://deseretnews.com/do/view/0,1249,410019440,00.html? 10/15/2002 Plaza issue to pit mayor vs. ACLU Page 2 of 3 Anderson's pow-wow, slated for 3 p.m. Tuesday. Anderson had invited an ACLU client,the Rev. Silvia Behrend of the First Unitarian Church of Salt Lake City. Also, Peggy Battin, a University of Utah philosophy professor and board member of ACLU for Utah, has been asked to boycott, Clark said. "Anyone invited should boycott," Clark pronounced. "They should refuse to attend." Behrend and Battin could not be reached for comment and it was not known whether they would follow Clark's counsel. South Town "I'm upset that the mayor would purport to convene a meeting on 4po 00 Bette such an important issue and close it to the public," Clark said. "This Sandyt Utah meeting has to be open to the public." Clark called Anderson's meeting political posturing, possibly designed to appease LDS constituents.A recent Deseret News poll showed Anderson's support among Mormons had greatly increased in the past year. In the previous poll in April 2001, 6i percent of people who said they were LDS disapproved of Anderson's performance. But, in a poll printed last month,the disapproval rating dropped— only 42 percent of Mormons disapproved of Anderson's performance — while 53 percent approved of the mayor. Anderson denied that he was bowing to the LDS Church or had political motivations. He called the proposed boycott "childish." "There are absolutely no political motivations here and no one in The Church of Jesus Christ of Latter-day Saints has had contact with me,"Anderson said. The mayor also denied that he had flip-flopped in his plaza sentiment,because he had earlier denounced giving the easement to the church. Instead,Anderson said his goal all along was to secure public access across the plaza while allowing the church to regulate free speech and expression. "It's not a flip-flop,"he said. In its decision,the loth Circuit said the city seemed to want it both ways — having public access but also limiting free speech. Clark said Anderson's solution was akin to "rearranging deck chairs on the Titanic."The plan creates the same situation that existed before the loth Circuit's ruling and any court would see right through the proposal, Clark said. Anderson acknowledged the plan might not be constitutional,but he said that's what his afternoon pow wow would try to uncover: Is this plan doable? City Council chairman Dave Buhler applauded the mayor's efforts to resolve a tough issue. "There's an opportunity here for the mayor to show some leadership in solving a very difficult issue," Buhler said. ACLU attorney Janelle Eurick said Anderson should have invited the ACLU to his meeting,because he invited Behrend, its client. "If he's asking them to make some sort of deal with them about Main Street Plaza,then we feel we should be there," she said.Behrend was invited primarily,Anderson said,because she is a bridge builder, not because of her position with the Unitarian Church. http://deseretnews.com/dn/view/0,1249,410019440,00.html? 10/15/2002