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03/01/2022 - Work Session - Meeting MaterialsSALT LAKE CITY COUNCIL AGENDA WORK SESSION March 1,2022 Tuesday 2:00 PM Council Work Room 451 South State Street Room 326 Salt Lake City,UT 84111 SLCCouncil.com 7:00 pm Formal Meeting Room 326 (See separate agenda) Welcome and public meeting rules In accordance with State Statute and City Ordinance,the meeting may be held electronically.After 5:00 p.m.,please enter the City & County Building through the main east entrance. The Work Session is a discussion among Council Members and select presenters.The public is welcome to listen.Items scheduled on the Work Session or Formal Meeting may be moved and /or discussed during a different portion of the Meeting based on circumstance or availability of speakers. Please note:Dates not identified in the FYI -Project Timeline are either not applicable or not yet determined.Item start times and durations are approximate and are subject to change at the Chair’s discretion. Generated:10:34:19 The Council has returned to a hybrid meeting approach.Hybrid Council meetings allow people to join online through Webex or in person at the City &County Building. Public Comments:The public can give comments to the Council during their 7 p.m. formal meetings online through Webex and in-person in Room 326 of the City and County Building.For more information,including Webex connection information, please visit www.slc.gov/council/virtual-meetings.(A phone line will also be available for people whose only option is to call in.) What to Expect:The hybrid format allows in-person participation and remains mindful of existing COVID-19 protocols and gathering limits.A maximum of 24 people,including Council members and City staff,will be permitted in a meeting room. If the capacity has been reached in the primary meeting room,overflow space will be provided.Social distancing will be maintained. Per an executive order signed by Mayor Mendenhall,face coverings are required for vaccinated and unvaccinated individuals inside Salt Lake City facilities. Work Session Items 1.Informational:Updates from the Administration ~2:00 p.m. 30 min. The Council will receive an update from the Administration on major items or projects, including but not limited to: •COVID-19,the March 2020 Earthquake,and the September 2020 Windstorm; •Updates on relieving the condition of people experiencing homelessness; •Police Department work,projects,and staffing,etc.;and •Other projects or updates. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Recurring Briefing Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -n/a 2.Informational:Equity Update TENTATIVE - The Council will hold a discussion about various initiatives led by the City's Office of Equity and Inclusion.These initiatives include,but are not limited to,improving racial equity and justice in policing.Discussion may also include updates on the City's other work to achieve equitable service delivery,decision-making,and community engagement through the Citywide Equity Plan,increased ADA resources,language access,and other topics addressed in the ongoing work of the Human Rights Commission and the Racial Equity in Policing Commission. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Recurring Briefing Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -n/a 3.Ordinance:Assessment for the Central Business Improvement Area –22 (CBIA-22)~2:30 p.m. 15 min The Council will receive a briefing regarding the Assessment Ordinance for the Central Business Improvement Area 2022 (CBIA-22).The City established the Central Business Improvement Area (CBIA)in 1991 as a mechanism to fund marketing,promotions,advocacy,and other initiatives in Downtown Salt Lake City through a special assessment on commercial property within a designated area.This approval would re-establish a special assessment on properties within the same boundaries as 2019 for a three-year period and it breaks out a second assessment for holiday lighting (same boundaries as 2019,maps attached).This process is the final action by the City Council to establish the CBIA-22 which would begin on April 22,2022. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,March 1,2022 Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -Tuesday,March 1,2022 4.Ordinance:Amendment to Require Notice for Permits to Work in the Public Way Follow-up ~2:45 p.m. 20 min. The Council will receive a follow-up briefing on proposed amendments to City code that would require notice for permits to work in the public way.The Council has requested that Engineering codify and expand the policy that adjacent property owners are notified of work being performed in the right of way. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,January 12,2021;Tuesday,February 9,2021;Tuesday,January 11,2022;and Tuesday,March 1,2022 Set Public Hearing Date -Tuesday,December 8,2020 Hold hearing to accept public comment -Tuesday,January 19,2021 and Tuesday,February 1, 2022 at 7 p.m. TENTATIVE Council Action -TBD 5.Ordinance:Special Event Permits of Less than 31 Days ~3:05 p.m. 20 min. The Council will receive a briefing about a proposal for two identical ordinance amendments to two existing sections of Salt Lake City Code (Section 2.58.040 and Section 2.90.070).The objective is to extend the maximum length of a special event permit for park use from 20 to 31 days,but only in exceptional cases.These permits would be made available only if the Mayor approves any such special event for a reason identified in writing.Note that although these amendments would affect sections of Code titled “Sale of Significant Parcels of Real Property”(Section 2.58.040),and “Removal of Lands from the Open Space Lands Inventory”(Section 2.90.070),the proposed amendments would make no changes to the processes of sale or removal of open space lands. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,March 1,2022 Set Public Hearing Date -Tuesday,March 1,2022 Hold hearing to accept public comment -Tuesday,March 22,2022 at 7 p.m. TENTATIVE Council Action -TBD 6.Ordinance:Amendment to Rename the Housing and Neighborhood Development Division (HAND)as the Housing Stability Division ~3:25 p.m. 20 min. The Council will receive a briefing about an ordinance amendment that would rename the Housing and Neighborhood Development Division as the Housing Stability Division.The Directors of Community and Neighborhoods (CAN)Department and Housing and Neighborhood Development Division (HAND)have decided to rename the Housing Stability Division to better reflect the mission of the division. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,March 1,2022 Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -Tuesday,March 22,2022 7.Ordinance:Rezone at approximately 2333 West North Temple Street ~3:45 p.m. 20 min. The Council will receive a briefing about a proposal that would amend the zoning map pertaining to a parcel at approximately 2333 W North Temple Street to remove the Airport Flight Path Protection (AFPP)Overlay District Influence Zone A.The property is currently occupied by a commercial building,the Airport Inn,and associated parking.This proposal would allow the Airport Inn to operate a new model of extended-stay hotels as transitional housing to advance the City’s overall goals related to homelessness.Consideration may be given to rezoning the property to another zoning district with similar characteristics. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,March 1,2022 Set Public Hearing Date -Tuesday,March 1,2022 Hold hearing to accept public comment -Tuesday,March 22,2022 at 7 p.m. TENTATIVE Council Action -Tuesday,April 5,2022 8.Tentative Break ~4:05 p.m. 20 min. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -n/a Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -n/a 9.Ordinance -Street Vacation at 601 South 900 East ~4:25 p.m. 20 min. The Council will receive a briefing about a proposal that would partially vacate the public right of way on 600 South and on 900 East adjacent to the corner property located at 601 South 900 East.This request would not impact the adjacent sidewalk or streets. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,March 1,2022 Set Public Hearing Date -Tuesday,March 1,2022 Hold hearing to accept public comment -Tuesday,March 22,2022 at 7 p.m. TENTATIVE Council Action -Tuesday,April 5,2022 10.Informational:20 MPH Default Speed Limit on City Streets ~4:45 p.m. 30 min The Council will receive a briefing from a local nonprofit,Sweet Streets SLC,about a proposal to change the City default speed limit from 25 mph to 20 mph on all streets not posted otherwise.The City's default speed limit is set in City Code. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,March 1,2022 Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -n/a 11.Informational:State Legislative Briefing ~5:15 p.m. 30 min The Council will be briefed about issues affecting the City that may arise during the 2022 Utah State Legislative Session. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,February 1,2022;Tuesday,February 8,2022;and Tuesday,March 1,2022 Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -n/a 12.Board Appointment:Housing Trust Fund Advisory Board –Katie Darter ~5:45 p.m. 5 min The Council will interview Katie Darter prior to considering appointment to the Housing Trust Fund Advisory Board for a term ending December 29,2025. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,March 1,2022 Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -Tuesday,March 1,2022 13.Board Appointment:Business Advisory Board –Kristina Olivas ~5:50 p.m. 5 min The Council will interview Kristina Olivas prior to considering appointment to the Business Advisory Board for a term ending December 28,2026. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,March 1,2022 Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -Tuesday,March 1,2022 14.Board Appointment:Airport Board –John Bradshaw ~5:55 p.m. 5 min The Council will interview John Bradshaw prior to considering appointment to the Airport Board for a term ending June 30,2025. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,March 1,2022 Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -Tuesday,March 1,2022 15.Board Appointment:Library Board –Sarah Reale ~6:00 p.m. 5 min The Council will interview Sarah Reale prior to considering appointment to the Library Board for a term ending June 30,2025. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,March 1,2022 Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -Tuesday,March 1,2022 Standing Items 16.Report of the Chair and Vice Chair Report of Chair and Vice Chair. 17.Report and Announcements from the Executive Director - - Report of the Executive Director,including a review of Council information items and announcements.The Council may give feedback or staff direction on any item related to City Council business,including but not limited to; •St.Patrick’s Day Parade;and •Scheduling Items. 18.Tentative Closed Session The Council will consider a motion to enter into Closed Session.A closed meeting described under Section 52-4-205 may be held for specific purposes including,but not limited to: a.discussion of the character,professional competence,or physical or mental health of an individual; b.strategy sessions to discuss collective bargaining; c.strategy sessions to discuss pending or reasonably imminent litigation; d.strategy sessions to discuss the purchase,exchange,or lease of real property,including any form of a water right or water shares,if public discussion of the transaction would: (i)disclose the appraisal or estimated value of the property under consideration;or (ii)prevent the public body from completing the transaction on the best possible terms; e.strategy sessions to discuss the sale of real property,including any form of a water right or water shares,if: (i)public discussion of the transaction would: (A)disclose the appraisal or estimated value of the property under consideration;or (B)prevent the public body from completing the transaction on the best possible terms; (ii)the public body previously gave public notice that the property would be offered for sale;and (iii)the terms of the sale are publicly disclosed before the public body approves the sale; f.discussion regarding deployment of security personnel,devices,or systems;and g.investigative proceedings regarding allegations of criminal misconduct. A closed meeting may also be held for attorney-client matters that are privileged pursuant to Utah Code §78B-1-137,and for other lawful purposes that satisfy the pertinent requirements of the Utah Open and Public Meetings Act. CERTIFICATE OF POSTING On or before 5:00 p.m.on _____________________,the undersigned,duly appointed City Recorder, does hereby certify that the above notice and agenda was (1)posted on the Utah Public Notice Website created under Utah Code Section 63F-1-701,and (2)a copy of the foregoing provided to The Salt Lake Tribune and/or the Deseret News and to a local media correspondent and any others who have indicated interest. CINDY LOU TRISHMAN SALT LAKE CITY RECORDER Final action may be taken in relation to any topic listed on the agenda,including but not limited to adoption,rejection,amendment,addition of conditions and variations of options discussed. The City &County Building is an accessible facility.People with disabilities may make requests for reasonable accommodation,which may include alternate formats,interpreters,and other auxiliary aids and services.Please make requests at least two business days in advance.To make a request,please contact the City Council Office at council.comments@slcgov.com,801-535-7600,or relay service 711. Use -of -Force Report –City Council Brief March 1, 2020 Use -of-Force Report •The Salt Lake City Police Department (SLCPD) is constantly striving to take a data-driven approach to policing. •I asked Deputy Chief Scott Mourtgos to undertake an analysis of our use-of -force from 2020 and 2021. •SLCPD Policy states use-of -force is “applying physical techniques or tactics, chemical agents or weapons to another person.” It is not considered use-of -force… When someone allows themselves to be searched, escorted, handcuffed or restrained, this is not a use-of - force incident. Use -of-Force Report The Salt Lake City Police Department used force in less than 1% of all calls handled in 2021. Force was only used in 0.57% of all calls in 2021. Use -of-Force Report In 2021, SLCPD UOF was 13.52% below what we would expect when considering the increase in other relevant variables: Calls handled. Arrests. Resisting Arrest cases. Assault on Police Officer cases. 2020 2021 Percent Change Arrests 4,940 5,171 +4.68% Calls Handled 169,131 172,536 +2.01% Resisting Arrest/Assault on Police Officer Cases 447 520 +16.33% Use -of-Force Report The average subject involved in a use of force incident in 2021 was: White, male Age 34 Use -of-Force Report In nearly half (43%) of the use-of - force incidents in 2021, SLCPD officers experienced active aggression from the subject. Defensive resistance (fleeing, resisting handcuffing, barricading, etc.) was the highest experienced resistance level in another 43% of cases. Questions •Full Use-of-Force Report available on SLCPD’s website •http://www.slcpd.com/2022/02/25/slcpd-releases- use-of-force -report -for -2021/ •Social Media –Twitter: @SLCPD Administrative updates March 1, 2022 COVID 19 update Current status The CDC has adjusted the indoor mask recommendations. The focus now is on hospitalizations, not infections. Salt Lake County is now in the "medium" transmission category and hosptilizations are declining. SLCo HD has updated its mask recommendations. People who are high- risk or in close contact with a high-risk person should still mask indoors. If you have COVID symptoms, get tested, mask, and stay home if possible. In SLCo, 30.4% of kids aged 5-11 are fully vaccinated, up from 26.7% on Feb. 1. In SLCo, 66.74% of kids aged 12-17 are fully vaccinated, up from 65.5% on Feb. 1. Citywide vaccination average = 68.68% (68.33% on Feb. 15) Zip % fully vaccinated 1.18 1.25 2.1 2.8 2.15 3.1 84101 80.24 80.28 80.70 81.27 81.69 82.40 84102 61.82 61.86 62.08 62.27 62.56 62.74 84103 72.90 72.95 73.14 73.32 73.60 73.80 84104 51.78 51.87 52.23 52.68 53.15 53.71 84105 72.56 72.63 72.81 73.01 73.19 73.34 84106 66.38 66.53 66.81 67.06 67.40 67.67 84108 73.17 73.23 73.38 73.51 73.68 73.83 84109 74.19 74.34 74.65 74.89 75.11 75.34 84111 71.34 71.44 71.91 72.34 72.93 73.42 84115 61.28 61.43 61.82 62.17 62.49 62.92 84116 54.46 54.55 54.90 55.36 55.78 56.29 Homelessness Update: HRC and Overflow Occupancy February 21st –February 25th STH -1000 West Men's HRC STH -King Women's HRC STH -Miller Mixed HRC Total St Vincent de Paul/ Weigand Center Shelter Capacity 300 200 200 700 Avg number of beds occupied/night 291 197 199 686 74 Avg number of beds unoccupied/night 9 3 3 14 Avg % of beds occupied/night 97%98.3%99.3%98% Avg % of beds unoccupied/night 3%1.7%0.7%2% Cleaning and Abatement -Jordan River will be the priority due to increased needs Resources -801-990-9999-HRC's -Weigand Center-Day Services -St. Vincent de Paul-Lunch/ Dinner -A Place for Your Stuff (free storage) •Extended Hours Wed -Thur 1-6pm -St. Vincent de Paul overnight shelter -Former Ramada overnight shelter -Transportation to alternative options from camps Homelessness update Homelessness Overflow Shelter status 801-990-9999 •St. Vincent de Paul-open nightly 93 people •Scattered Motel Rooms -24/7-referral only from HRC's •High Needs Temporary Housing Program (formerly the Ramada Inn motel rooms)-referral- only hotel rooms for elderly and medically vulnerable people -open 24/7 122 people •Redwood Overflow Beds (formerly the Ramada Inn common areas) - open nightly from 7pm –6:30am 127 people •The best way to access emergency shelter beds is:801-990-9999 MVP Housing Program -Current Ramada program is template for this proposal -200+ beds -Purchase & Renovate an existing motel/ hotel property -Focus on individual rooms for those who are: •Aging •Medically frail •Needing recuperative care •Experiencing underlying health condition, or with a compromised immune system Medically Vulnerable People Housing Program HB 440: Homeless Services Amendments •Updated formula to distribute mitigation funding for cities that host shelters; $5 million in ongoing state funding added to the existing fund that cities already pay into each year.Projected total would be ~$10 million/yr. Part 1: State Homelessness Mitigation Fund •Cities in S.L. County and the SLVCEH must together develop overflow plans by Sept. 1 each winter and April 1 each summer (July 1 in 2022). Those plans are reviewed by the state Office of Homeless Services (OHS). •If an agreed upon plan is not submitted, or it is rejected by OHS, the Mens' Resource Center, the Gail Miller Resource Center, and the Geraldine King Resource Center will be permitted to raise their capacity limits in pre -emption of city ordinance. •The state may also contract with a private provider to open an overflow shelter on state property anywhere in S.L. County. Part 2: S.L. County cities seasonal overflow plan requirement Love Your Block Jordan River Neighborhood Initiative Who are we? ●Love Your Block is a grant- funded program based in the Mayor’s Office made up of a City Lead, two AmeriCorps VISTAS, and a Fellow. ●Some of our major partners are: ○Public Lands Department ○Homeless Engagement and Response Team Darely Flores (she/ her) Fellow, Love Your Block darely.flores@slcgov.com Ravi Sharma (he/ him) AmeriCorps VISTA, Love Your Block ravi.sharma@slcgov.com ●Love Your Block (LYB) is a Johns Hopkins Cities of Service grant program that funds community-led projects to combat blight. ●Love Your Block views blight as anything that displaces neighbors and sense of community. ●For this cycle, we are focused on public assets on the West Side such as the Jordan River. ●LYB is committed to activating communities along the Jordan River Corridor through community-led projects that will: ○Revitalize public spaces ○Instill community ownership○Forge relationships ○Inspire community-sustained infrastructure How does it work? Projects Begin May 2022: Phase One Projects begin September 2022: Phase One Projects end Upon the completion of Phase One, two more phases of grant distribution will follow Community Engagement Work with trusted community leaders and partners to: -Introduce Love Your Block and grant opportunity -Listen to needs expressed by West Side communities -Consciously work to connect with historically ignored populations Grant Application Phase One: $5,000 total Early April: Micro-grant Application (~$500/each) opens Spring 2022: Host grant application workshops and work with partners to ensure the process be as accessible and equitable as possible. March 5, 2023 - October 4, 2023Phase 03 $15,000 September 10, 2022 -March 9, 2023 Phase 02 $10,000 March 9, 2022 - September 9, 2022 Phase 01 $5,000 What does it look like? Richmond, CA -Love Your Block Past Projects Before and After in Boston, MA The Shangri-La Rock Garden in Mattapan Before and After in Milwaukee, WI Keefe Ave Pocket Park Potential Projects for Our City: -Painting park benches/ tables -Creating community gardens and little food pantries -Community Tool Lending Shed -Community cleanups -Painting murals -Environmental remediation -Beautifying neighborhood entrances How can you help? -Share information with stakeholders and community members -Recommend an area to remediate -Apply for a micro -grant -Collaborate at outreach events -Host an event -Volunteer at an event -Send community referrals Can we apply for more than one grant? You may apply for one grant per Phase (Phase One, Phase Two, Phase Three). What sites are available for projects? Projects must take place along the Jordan River Corridor. Can individuals outside of the West Side apply? Yes, but we are prioritizing applications from West Side community members and projects must take place along the Jordan River Corridor. FAQ Reach out at LYB@slcgov.com with any questions Thank you for your time. We will send you these slides in a follow up email and urge you to share this program and our contact information with members of the community. Salt Lake City Drought and Water Supply Forecast Conditions March 1, 2022 •US Drought Monitor –nearly 97% of Utah in severe and extreme drought Near or above average runoff projection •Increased soil moisture (more efficient runoff) •Snowpack at or just below average* •Three-month (March, April, May) precipitation outlook below normal •Three-month (March, April, May) temperature outlook above normal •Seasonal drought projection through May 31-persistent drought •Stage 2 Drought Response Item F1 CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 MOTION SHEET CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Ben Luedtke Budget and Policy Analyst DATE:March 1, 2022 RE: Board of Equalization Report and Ordinance Adopting Central Business Improvement Assessment Area (April 21, 2022, to April 21, 2025) MOTION 1 – ADOPT ORDINANCE I move that the Council accept and adopt the findings and recommendations of the Board of Equalization for the Central Business Improvement Assessment Area Number DA-CBIA-22. I further move that the Council adopt an ordinance confirming the equalized assessment list, levying the assessment, and related matters. MOTION 2 – NOT ADOPT I move that the Council proceed to the next agenda item. MEMORANDUM TO CITY COUNCIL ____________________________________________________________ TO: Salt Lake City Council DATE: February 24, 2022 FROM: Cindy Lou Trishman, City Recorder SUBJECT: CBIA-22 Comment following BOE Determination/Appeal OVERVIEW: The CBIA-22 Board of Equalization (BOE) Findings report was distributed on January 21, 2022 to property owners who attended the BOE meetings with concerns. The report identified the findings on specific parcels of property owned by individuals disputing the assessment calculations and cited benefits. Following the distribution of the report, on Thursday, January 27, 2022 Mr. Tom Bunce (representing SK Hart Properties at 44 West 300 South) sent an email to the City Recorder requesting the communication be forwarded to the “Equalization Board and/or City Council as appropriate.” (Exhibit A) The City Recorder did not forward the comment to the Council at that time, and as the Board of Equalization after having made its findings is essentially not in existence was evaluating next steps. Mr. Bunce’s email doesn’t use the word “appeal” however, evaluation with the Attorney’s team concluded that because Mr. Bunce’s email mentioned the City Council, it is best to consider it an appeal submitted within the 15- day appeal period identified in the Notice of Assessment and Board of Equalization Hearings. (Exhibit B) Minutes were completed for the BOE hearings and have been included with this memo for your review. (Exhibit C) In preparation for the City Council’s March 1 meeting, wherein the ordinance to confirm the assessment list and levy an assessment against certain properties for the CBIA-22 is being considered, Mr. Bunce’s email and related information is being provided for your review with the acknowledgement that this was an oversight by the City Recorder’s office to not provide the content sooner. Under the circumstances, I recommend the Council consider and decide the appeal based on the written information provided to you by Mr. Bunce and the Administration in the following pages. CLT ECONOMIC DEVELOPMENT INFORMATION RE PROCESS AND STATUTES The Central Business Investment Area (CBIA) is a mechanism to fund marketing, promotion, advocacy, and other initiatives to encourage and maximize vibrancy and activity in the City’s Central Business District. • Relevant Statutes and Ordinances The definition of "economic promotion activities" in the SAA statute, Utah Code Section 11-42-102(18) is as follows: (18) "Economic promotion activities" means activities that promote economic growth in a commercial area of a local entity, including: (a) sponsoring festivals and markets; (b) promoting business investment or activities; (c) helping to coordinate public and private actions; and (d) developing and issuing publications designed to improve the economic well-being of the commercial area. • All properties within the boundaries are assessed at .00142 taxable value assessment rate, unless the property is designated as residential, ecclesiastical, government owned or under $20,000 in valuation. • Although a percentage of the funding goes towards advocacy, such as the Ambassadors Program, it does not cover costs of law enforcement and policing within the area or for specific properties. EXHIBIT A: Email from Mr. Tom Bunce via email to City Recorder EXHIBIT B: Notice of Board of Equalization Hearing, Outline of Appeal Process EXHIBIT C: Board of Equalization Minutes From:Trishman, Cindy Lou To:Tom Bunce Cc:Doug White Subject:RE: (EXTERNAL) RE: Board of Equalization Hearings: Utah Central Business Improvement Assessment Area N. DA-CBIA-22 Date:Friday, January 28, 2022 5:08:00 PM Mr. Bunce, Thank you. I have received your email. Thank you. I am evaluating the process for sending this along. I will be in touch on Monday. Thank you for your patience. CIndy Lou TrIshMan Salt Lake City Recorder reCorder’s offICe saLT Lake CITy CorporaTIon 801.535.6223 801.859.8873 (cell) From: Tom Bunce Sent: Friday, January 28, 2022 2:56 PM To: Trishman, Cindy Lou <Cindy.Trishman@slcgov.com> Cc: Doug White Subject: (EXTERNAL) RE: Board of Equalization Hearings: Utah Central Business Improvement Assessment Area N. DA-CBIA-22 Hi Cindy, Will you please confirm receipt? Have a nice weekend. Thanks, Tom From: Tom Bunce Sent: Thursday, January 27, 2022 11:29 AM To: Cindy Trishman <cindy.trishman@slcgov.com> Cc: Doug White Subject: Board of Equalization Hearings: Utah Central Business Improvement Assessment Area N. DA-CBIA-22 Dear Cindy, I am writing you as a follow-up to the Board of Equalization Hearing that I participated in on January 11, 2022, which you hosted virtually. I represent SK Hart Properties at 44 W 300 S, Salt Lake City. I request that you please forward this communication to the Equalization Board and/or City Council as appropriate. If we need to record something or make some sort of official submission, please advise. There are several issues I addressed in the meeting. The first is our disagreement with the assessment rate we are being charged for certain downtown services and amenities. The unit cost in the assessment notice we received is $0.00142 for properties DA 1183 15 01 283 003 0000, DA 183 15 01 283 002 0000 and DA 1183 15 01 283 004 0000. We are disputing this rate and requesting a rate reduction for the following reasons. 1. Our property is mostly non-street facing office space, except for the approximate 2,000 square foot salon tenant, which is on the street. Given our office and salon tenants generally vacate the property by 6:00 pm, we believe our business only marginally benefits from the Central Business Improvement Assessment. We do not own bars, restaurants or other street level business that might benefit from night festivities and other related night activities supported by the Assessment. 2. Homelessness has negatively affected our business. It is our understanding that that a portion of the assessment provides for homeless services, however, our experience is that homelessness is not being addressed and that the homeless are harassing businesses and patrons. Please allow me to provide you with several examples of how the homeless situation has negatively affected our business. On December 17, 2021, a suspected homeless man was conducting himself indecently in front of our salon during business hours for all employees and patrons to see. Police were called and the man reacted in a further spectacle by screaming and what we consider to be assaulting, if not seriously disrespecting the responding officer. The police ushered the man down the street, but he has since returned to conduct other mischief. On December 18, 2021, a suspected homeless man was found sleeping in the entry of the salon. I have this recorded on video and can send it to you upon request. On December 19, 2021, a human defecated in the entry of the salon On December 20, 2021, the salon owner found a shiv near the entrance (photo attached) On January 15, 2022, an individual, obviously high on drugs, and suspected homeless, gained access to the roof of American Towers. The man proceeded to toss metal patio furniture from the 300 foot high roof nearly striking, and possibly killing, a salon employee and damaging the sidewalk awning over the entrance (photos attached). On January 17, 2022, the same man who was suspected of throwing furniture from the roof on the 15th returned again, but was fortunately arrested by the police. We are open to further discussion and are willing and able to provide additional incident reports with documentation if requested. We are appreciative to Salt Lake City and supportive of effective Downtown services such as holiday lighting, however, based on our view of the situation and the issues presented, we do not believe the Central Business Improvement Assessment largely benefits our business. Therefore, we are requesting that the assessment unit rate be reduced by 90%. Thank you for your consideration in this matter. Please contact me with any questions or comments. Tom Bunce CFO S.K. Hart Family of Companies 630 E. South Temple Salt Lake City, UT 84102 NOTICE OF ASSESSMENT AND BOARD OF EQUALIZATION HEARINGS NOTICE IS HEREBY GIVEN that the assessment list for the Salt Lake City, Utah Central Business Improvement Assessment Area No. DA-CBIA-22 (the “Assessment Area”) has now been completed and is available for examination at the Salt Lake City Recorder’s office located at 451 South State Street, Room 415, Salt Lake City, Utah. The City Council has appointed a Board of Equalization to hear and consider arguments from any person who claims to be aggrieved by the proposed assessments to be levied within the Assessment Area, including arguments relating to (a) the amount of benefits accruing to the property proposed to be assessed or (b) the amount of the proposed assessment. The assessments levied are for the purpose paying for the proposed activities, which include, but are not limited to, advertising, marketing, special events, festivals, transportation, newsletters, publications, banners, Christmas lighting, security, special projects, housing, town meetings, government policy, cultural promotion, reports, surveys, homeless services and other promotional activities (the “Economic Promotion Activities”) in the downtown area (for the benefit of the properties within the Assessment Area). The total amount of the assessments to be levied against benefitted property within Assessment Area is expected to be $5,251,285.00, and will be based upon (i) 2021 taxable property values (the “Base Assessment”), plus (ii) linear feet (except that corner lots will not be assessed for both frontages as applicable, only one) on certain properties with frontage on certain streets for special holiday lights (the “Holiday Light Assessment” and together with the Base Assessment, the “Assessment”). The unit cost is each property’s proportionate share of the Economic Promotion Activities applicable to the property as described in this notice. Funding from assessments provides only a portion of the total budget for the Assessment Area’s programs and activities. Salt Lake City, Utah (the “City”) will not contribute any of its own funds for the Economic Promotion Activities; however, the City anticipates that the manager of the Assessment Area will secure non-assessment funds from other sources such as grants, foundations, promotions, contributions, earned income, and sponsorships. As required by law, three persons have been duly appointed to act as the Board of Equalization on the assessments proposed to be levied on the property benefited within the Assessment Area. The Board of Equalization for assessments proposed to be levied on the affected property within the Assessment Area will meet via electronic means or in person at the City & County Building, Room 326, Salt Lake City, Utah, on January 11, 2022, between the hours of 9:00 a.m. and 10:00 a.m.; on January 12, 2022, between the hours of 10:00 a.m. and 11:00 a.m.; and on January 13, 2022, between the hours of 1:00 p.m. and 2:00 p.m. to hear and consider any objections to and make any corrections of any proposed assessments that the Board may deem necessary to meet the requirements of the Assessment Area Act, Title 11, Chapter 42, Utah Code Annotated 1953, as amended. To participate in the meeting, please visit the website www.slc.gov/attorney/public-notices/. The assessment list and amounts of the proposed assessment against each parcel of property have been completed and are available for public examination from 8:00 a.m. to 5:00 p.m. at the Office of the City Recorder, 451 South State Street, Room 415, Salt Lake City, Utah. 2 4875-3168-9220, v. 1 After the Board has held all hearings and has made all corrections the Board considers necessary to comply with the law, the Board will report its findings to the City Council of the City. Appeal from a decision of the Board of Equalization may be taken to the City Council of the City by filing with the City Council a written notice of appeal in the office of the City Recorder within fifteen (15) days after the date the Board’s final report to the City Council is mailed to the affected property owners. By resolution of the City Council of Salt Lake City, Utah, this November 16, 2021. (SEAL) CITY RECORDER MINUTES OF THE BOARD OF EQUALIZATION CENTRAL BUSINESS IMPROVEMENT DISTRICT (CBIA) Tuesday, January 11, 2022 The Board of Equalization of Salt Lake City, Utah, met on Tuesday, January 11, 2022, in a Hybrid Meeting format. The following Board Members were present: Nick Tarbet, Chris Norlem, Brandon Bagley Present City Staff: Jolynn Walz - Economic Development Office Manager, William Wright - Economic Development Project Manager, Boyd Ferguson - Senior City Attorney, Cindy Lou Trishman – City Recorder, Thais Stewart – Deputy City Recorder Operations Consultant: Jonathan Springmeyer - Bonneville Research Board Member Brandon Bagley conducted the meeting. The meeting began at 9 am. Minutes: Parcel #: 15-02-279-001-0000 Address: 751 W 300 S Parcel #: 15-02-280-001-0000 Address: 735 W 300 S Parcel #: 15-02-427-001-0000 Address: 760 W 400 S Parcel #: 15-02-427-002-0000 Address: 735 W 300 S Bruce Markosian explained that his family owns four parcels within the assessment area and an appeal was presented to the Utah State Tax Commission regarding the 2020 assessment, the Judge ruled in favor of the 2020 appeal and recommended another appeal be made for the 2021 assessment. Mr. Markosian explained that he sent in the appeal when the notice was received but has not received confirmation that it was received by the County, and further explained that the assessments made by the engineering department do not reflect the appealed assessment. Mr. Markosian would like Engineering to recalculate the assessment in accordance with the Judge’s ruling. Jonathan Springmeyer explained that the assessments used cannot be edited and are directly downloaded from Salt Lake County to the software used to generate assessment information. Mr. Markosian expressed frustration regarding the timeline of the assessment and appeal process. Mr. Springmeyer reiterated Mr. Markosian’s remarks concerning the 2020 and 2021 requests for adjustments. Mr. Markosian responded by adding that the Utah State Tax Commission came to an agreement to a specific adjustment that would then use made for the years 2020 and 2021. Mr. Springmeyer explained that the information had yet to be presented by the County and recommended that the Board evaluate the matter once Mr. Markosian receives the official adjustment. It was noted if the MINUTES OF THE BOARD OF EQUALIZATION CENTRAL BUSINESS IMPROVEMENT DISTRICT (CBIA) Tuesday, January 11, 2022 information does not arrive before April, 2022, it cannot be completed prior to the 2021 assessment. In that event, any adjustments would have to be made retroactively. Mr. Markosian indicated he would submit the information to the Engineering Department upon receipt. Mr. Springmeyer commented the adjustments can be made, if determined by the Board with the added context that the proposed adjustments would not negatively impact the CBIA budget. Boyd Ferguson asked Mr. Markosian if he had any physical documentation from the court. Mr. Markosian did not have the documentation and expressed willingness to obtain them from the court if necessary. Copies of the appeal have been sent to the City regarding the adjustment. No formal actions were taken noting individual determinations will be made at a later meeting. 328 Ventures LLC Parcel #: 16-06-301-041 Address: 328 S State St Parcel #: 16-06-301-040 Address: 338 S State St Andy Tran requested an appeal of the assessments regarding holiday lighting. Mr. Tran explained that the current holiday lighting does not work, it has been verified that the outlets are damaged and unable to connect with the lighting. He expressed willingness to provide funds to get the outlets fixed. A discussion was held regarding the holiday lighting. Public Utilities have been notified and are looking into the issues. SKR Properties American Towers Condo Highrise Parcel #: 15-01-283-002-0000 Address: 44 W 300 S Parcel #: 15-01-283-003-0000 Address: 44 W 300 S Parcel #: 15-01-283-004-0000 Address: 44 W 300 S Tom Bunce commented that an assessment was made and that his business would not benefit from the items listed in the assessment notice. Nick Tarbet requested clarification on the areas where support is lacking. Mr. Bunce explained the office, as a workspace, does not benefit from advertisements for festivals, events, and that there has not been security assistance. He continued that the businesses have had a difficult time with security, with little help from law enforcement. Situations regarding people without homes harassing, conducting themselves indecently, and damaging property. A discussion was held regarding Mr. Bunce’s comments and if they were presented to the correct group. It was determined that Mr. Bunce’s comments were correctly made to the Board. Mr. Ferguson made a recommendation for the Board to encourage the property owner visit with the Alliance to find out what is done for security. MINUTES OF THE BOARD OF EQUALIZATION CENTRAL BUSINESS IMPROVEMENT DISTRICT (CBIA) Tuesday, January 11, 2022 Jolyn Walz asked if Mr. Bunce had been directed to the Ambassador Program. Mr. Bunce had not been directed to them in the past; contact information was shared. Mr. Bunce reiterated his concern regarding the benefits his business would receive from the assessment and explained that he would like to get the amount of his assessment decreased from $7,000. A discussion was held regarding the process and how changes are made. Mr. Springmeyer explained that the Board will meet and provide a report to the Council regarding what they recommend. Mr. Bunce offered to submit information regarding his concerns. The report to the Council will be sent by the 18th of January. There were no further comments. The Board meeting adjourned at 10 am. MINUTES OF THE BOARD OF EQUALIZATION CENTRAL BUSINESS IMPROVEMENT DISTRICT (CBIA) Tuesday, January 11, 2022 Minutes Approved: _______________________________ Board Member _______________________________ Board Member _______________________________ Board Member _______________________________ City Recorder This document is not intended to serve as a full transcript as other items may have been discussed; please refer to the audio or video for entire content pursuant to Utah Code §52-4-203(2)(b). To listen to the audio recording of the meeting or view meeting materials, please visit Salt Lake City Public Body Minutes library, available at www.data.slc.gov, selecting the Public Body Minutes hyperlink. If you are viewing this file in the Minutes library, use the links on the right of your screen within the ‘Document Relationships’ information to listen to the audio or view meeting materials. This document along with the digital recording constitutes the official minutes of the Board of Equalization Central Business Improvement District meeting held Tuesday, January 11, 2022. Brandon Bagley (Jan 21, 2022 14:56 MST) Brandon Bagley Nick Tarbet (Jan 25, 2022 16:37 MST) Chris Norlem (Jan 25, 2022 16:39 MST) Chris Norlem Cindy Trishman (Jan 25, 2022 17:06 MST) CBIA 1-11-2022 Minutes Final Audit Report 2022-01-26 Created:2022-01-21 By:Thais Stewart (thais.stewart@slcgov.com) Status:Signed Transaction ID:CBJCHBCAABAAsX828VV0rNjDvjVyTLTeHivjLmGHD7a5 "CBIA 1-11-2022 Minutes" History Document created by Thais Stewart (thais.stewart@slcgov.com) 2022-01-21 - 9:53:14 PM GMT Document emailed to Brandon Bagley (steven.bagley@slcgov.com) for signature 2022-01-21 - 9:54:18 PM GMT Email viewed by Brandon Bagley (steven.bagley@slcgov.com) 2022-01-21 - 9:55:53 PM GMT Document e-signed by Brandon Bagley (steven.bagley@slcgov.com) Signature Date: 2022-01-21 - 9:56:34 PM GMT - Time Source: server Document emailed to Nick Tarbet (nick.tarbet@slcgov.com) for signature 2022-01-21 - 9:56:36 PM GMT Email viewed by Nick Tarbet (nick.tarbet@slcgov.com) 2022-01-22 - 1:54:59 AM GMT Email viewed by Nick Tarbet (nick.tarbet@slcgov.com) 2022-01-25 - 10:48:34 PM GMT Document e-signed by Nick Tarbet (nick.tarbet@slcgov.com) Signature Date: 2022-01-25 - 11:37:45 PM GMT - Time Source: server Document emailed to Chris Norlem (chris.norlem@slcgov.com) for signature 2022-01-25 - 11:37:47 PM GMT Email viewed by Chris Norlem (chris.norlem@slcgov.com) 2022-01-25 - 11:38:40 PM GMT Document e-signed by Chris Norlem (chris.norlem@slcgov.com) Signature Date: 2022-01-25 - 11:39:40 PM GMT - Time Source: server Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature 2022-01-25 - 11:39:41 PM GMT Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com) Signature Date: 2022-01-26 - 0:06:50 AM GMT - Time Source: server Agreement completed. 2022-01-26 - 0:06:50 AM GMT MINUTES OF THE BOARD OF EQUALIZATION CENTRAL BUSINESS IMPROVEMENT DISTRICT (CBIA) Wednesday, January 12, 2022 12 The Board of Equalization of Salt Lake City, Utah, met on Wednesday, January 12, 2022, in a Hybrid Meeting format. The following Board Members were present: Chris Norlem, Brandon Bagley, Ben Luedtke Present City Staff: Joylynn Walz - Economic Development Office Manage, William Wright - Economic Development Project Manager, Boyd Ferguson - Senior City Attorney, Cindy Lou Trishman – City Recorder, Thais Stewart – Deputy City Recorder Operations Consultant: Jonathan Springmeyer - Bonneville Research Board Member Brandon Bagley conducted the meeting. The meeting began at 10 am. Minutes: Board Members introduced themselves. LEXI LLC Parcel #: 15-01-103-013-000 Address: 660 W 100 S Parcel #: 15-01-103-006-000 Address: 654 W 100 S Brett Palmer explained that he does not see direct benefits equal to the assessment cost on his property; adding an inquiry about plans to improve the area that would justify the expense of the assessment. A discussion was held regarding the location of the business and the lot. No questions were asked. More information will be presented once a report is provided to the City Council. The Board will be informing Mr. Palmer of the next actions. A discussion was held regarding the map of economic promotion activities. Chris Norlem provided maps such as the CBIA boundary and properties within the holiday lighting map. The board also discussed the base rates. Clarification regarding the final assessment levy being determined by the City Council was made, with statements regarding the edges and border property owners of the designated area. Mr. Springmeyer stated there was desire by the Council to include the section cited by Mr. Palmer in order to avoid an island of area not included in improvement evaluations. Jolynn Walz asked a clarifying question regarding when determinations will be made by the board. Cindy Lou Trishman explained that the Board’s recommendations will be compiled in a report, with the plan to discuss the final recommendations at Thursday’s meeting following any public comment. Board Members discussed the opportunity to visit during the meeting or to complete recommendations after the public opportunity was concluded on Thursday. The Board resolved (due to varied attendance MINUTES OF THE BOARD OF EQUALIZATION CENTRAL BUSINESS IMPROVEMENT DISTRICT (CBIA) Wednesday, January 12, 2022 12 and representation) to discuss recommendations on Thursday following public comment to allow the City Council staff time to discuss collectively the information. Ben Luedtke asked if there was information available concerning the three-year reauthorization and what economic promotional activities Mr. Palmer’s property area may benefit from. Discussion of the board regarding the question included potential benefits including property value, attractive downtown – drawing in economic opportunity, and other indirect assessment benefits. There were no further comments. The Board meeting adjourned at 11 am. MINUTES OF THE BOARD OF EQUALIZATION CENTRAL BUSINESS IMPROVEMENT DISTRICT (CBIA) Wednesday, January 12, 2022 12 Minutes Approved: _______________________________ Board Member _______________________________ Board Member _______________________________ Board Member _______________________________ City Recorder This document is not intended to serve as a full transcript as other items may have been discussed; please refer to the audio or video for entire content pursuant to Utah Code §52-4-203(2)(b). To listen to the audio recording of the meeting or view meeting materials, please visit Salt Lake City Public Body Minutes library, available at www.data.slc.gov, selecting the Public Body Minutes hyperlink. If you are viewing this file in the Minutes library, use the links on the right of your screen within the ‘Document Relationships’ information to listen to the audio or view meeting materi als. This document along with the digital recording constitutes the official minutes of the Board of Equalization Central Business Improvement District meeting held Wednesday, January 12, 2022. Brandon Bagley (Jan 21, 2022 15:18 MST) Brandon Bagley Benjamin Luedtke (Jan 24, 2022 13:59 MST) Chris Norlem (Jan 24, 2022 14:00 MST) Chris Norlem Cindy Trishman (Jan 25, 2022 17:08 MST) CBIA 1-12-2022 Minutes Final Audit Report 2022-01-26 Created:2022-01-21 By:Thais Stewart (thais.stewart@slcgov.com) Status:Signed Transaction ID:CBJCHBCAABAAwlWpmPMrIV7-IBzh3x_Q9vaIGdE5UWLr "CBIA 1-12-2022 Minutes" History Document created by Thais Stewart (thais.stewart@slcgov.com) 2022-01-21 - 9:54:44 PM GMT Document emailed to Brandon Bagley (steven.bagley@slcgov.com) for signature 2022-01-21 - 9:55:16 PM GMT Email viewed by Brandon Bagley (steven.bagley@slcgov.com) 2022-01-21 - 10:17:59 PM GMT Document e-signed by Brandon Bagley (steven.bagley@slcgov.com) Signature Date: 2022-01-21 - 10:18:30 PM GMT - Time Source: server Document emailed to Benjamin Luedtke (benjamin.luedtke@slcgov.com) for signature 2022-01-21 - 10:18:32 PM GMT Email viewed by Benjamin Luedtke (benjamin.luedtke@slcgov.com) 2022-01-24 - 8:58:57 PM GMT Document e-signed by Benjamin Luedtke (benjamin.luedtke@slcgov.com) Signature Date: 2022-01-24 - 8:59:40 PM GMT - Time Source: server Document emailed to Chris Norlem (chris.norlem@slcgov.com) for signature 2022-01-24 - 8:59:42 PM GMT Email viewed by Chris Norlem (chris.norlem@slcgov.com) 2022-01-24 - 8:59:58 PM GMT Document e-signed by Chris Norlem (chris.norlem@slcgov.com) Signature Date: 2022-01-24 - 9:00:38 PM GMT - Time Source: server Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature 2022-01-24 - 9:00:39 PM GMT Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com) Signature Date: 2022-01-26 - 0:08:50 AM GMT - Time Source: server Agreement completed. 2022-01-26 - 0:08:50 AM GMT MINUTES OF THE BOARD OF EQUALIZATION CENTRAL BUSINESS IMPROVEMENT DISTRICT (CBIA) Thursday, January 13, 2022 The Board of Equalization of Salt Lake City, Utah, met on Thursday, January 13, 2022, in a Hybrid Meeting format. The following Board Members were present: Chris Norlem, Brandon Bagley, Ben Luedtke Present City Staff: Jolynn Walz - Economic Development Office Manager, William Wright - Economic Development Project Manager, Boyd Ferguson - Senior City Attorney, Cindy Lou Trishman – City Recorder, Thais Stewart – Deputy City Recorder Operations Consultant: Jonathan Springmeyer – Bonneville Research Board Member Brandon Bagley conducted the meeting. The meeting began at 1 pm. Minutes: Board Members introduced themselves. A discussion was held regarding the meeting on January 11, 2022. Board Members discussed Bruce Markosian’s requests. Chris Norlem commented that documents regarding the information presented by Mr. Markosian were not presented to the Board, and said a decision cannot be made until the documents are presented. Jonathan Springmeyer explained that Mr. Markosian is waiting for documentation from the County to arrive regarding the adjustments. Board Members discussed the options regarding Mr. Markosian’s request such as: City Council’s decision to retroactively adjust the assessment, and the City Treasurer’s ability to work with Economic Development to reduce the assessment. Mr. Norlem pointed out the assessment information taken from the County was done in July of 2021. If adjustments were made for 2020 before July for Mr. Markosian, then they will be included in the 2021 assessment. Mr. Springmeyer clarified that the adjustments would not have been made for the 2021 assessment, due to the timeline. He explained that the requests made would not impact or be a burden to the budget. Boyd Ferguson provided an example regarding Exhibit C from 2019, and how no names were included. MINUTES OF THE BOARD OF EQUALIZATION CENTRAL BUSINESS IMPROVEMENT DISTRICT (CBIA) Thursday, January 13, 2022 Board’s recommendation to the City Council: support the inclusion in the assessment ordinance of the delegating to the City Treasurer of authority to make housekeeping adjustments as outlined by Mr. Ferguson. A discussion was held regarding Andy Tran’s request, related to holiday lighting. The CBD maintenance group has been aware of the issue, a proposal has been sent to CIP that has not yet been funded. This project would fall under the general fund. Holiday lighting funding goes to the Downtown Alliance, which hires a contractor. However, it is up to the City to maintain the outlets and power. Mr. Ferguson explained that as a legal matter, there cannot be an assessment for more than the benefit received. He went on to say that since Mr. Tran is not receiving the light benefit, it would not be legal to continue assessing him for holiday lighting. Mr. Tran is the only one that can receive the adjustment since he came before the Board, even though there may be other properties without the lighting benefit. Board’s recommendation to the City Council: removing the holiday lighting assessment for both of Mr. Tran’s parcels for the three-year period. A discussion was held regarding Tom Bunce’s comment that his business did not benefit from the assessment. Brandon Bagley explained that it was agreed that all commercial businesses would be assessed. He also stated that businesses may not benefit directly, but the assessment improves the downtown area. Mr. Ferguson commented that not all properties will benefit from all the items listed as benefits to the assessment. Ben Luedtke commented that a distinction must be made between security at events and challenges with people experiencing homelessness. Board’s recommendation to the City Council: the assessment was properly executed, and an adjustment should not be made at this time. A discussion was held regarding Brett Palmer’s comment that his business did not receive enough benefits to justify the cost of the assessment. Mr. Luedtke asked the board what their thoughts were on asking the city council to discuss with the downtown alliance and provide information to the property owners in west downtown (who haven’t been in the assessment area as long) regarding the events and benefits of the assessment area. He went on to say that there isn’t an argument at this time to justify adjusting or reducing the assessment. MINUTES OF THE BOARD OF EQUALIZATION CENTRAL BUSINESS IMPROVEMENT DISTRICT (CBIA) Thursday, January 13, 2022 Mr. Norlem commented that it would be beneficial to evaluate the area regarding the benefits received from the assessment. Mr. Bagley agrees that an evaluation of the area is necessary to justify its addition to the assessment area. Board’s recommendation to the City Council: further discussions should be held regarding the west downtown assessment to provide property owners with more information regarding the benefits of the assessment area. There were no further comments. The Board meeting adjourned at 2 pm. MINUTES OF THE BOARD OF EQUALIZATION CENTRAL BUSINESS IMPROVEMENT DISTRICT (CBIA) Thursday, January 13, 2022 Minutes Approved: _______________________________ Board Member _______________________________ Board Member _______________________________ Board Member _______________________________ City Recorder This document is not intended to serve as a full transcript as other items may have been discussed; please refer to the audio or video for entire content pursuant to Utah Code §52-4-203(2)(b). To listen to the audio recording of the meeting or view meeting materials, please visit Salt Lake City Public Body Minutes library, available at www.data.slc.gov, selecting the Public Body Minutes hyperlink. If you are viewing this file in the Minutes library, use the links on the right of your screen within the ‘Document Relationships’ information to listen to the audio or view meeting materials. This document along with the digital recording constitutes the official minutes of the Board of Equalization Central Business Improvement District meeting held Thursday, January 13, 2022. Brandon Bagley (Jan 21, 2022 15:19 MST) Brandon Bagley Benjamin Luedtke (Jan 24, 2022 14:38 MST) Chris Norlem (Jan 24, 2022 14:48 MST) Chris Norlem Cindy Trishman (Jan 25, 2022 17:07 MST) CBIA 1-13-2022 Minutes Final Audit Report 2022-01-26 Created:2022-01-21 By:Thais Stewart (thais.stewart@slcgov.com) Status:Signed Transaction ID:CBJCHBCAABAAN0_OunJdYeFWyw6NfAJMXS3z6bCb-fcA "CBIA 1-13-2022 Minutes" History Document created by Thais Stewart (thais.stewart@slcgov.com) 2022-01-21 - 9:55:39 PM GMT Document emailed to Brandon Bagley (steven.bagley@slcgov.com) for signature 2022-01-21 - 9:56:31 PM GMT Email viewed by Brandon Bagley (steven.bagley@slcgov.com) 2022-01-21 - 10:19:07 PM GMT Document e-signed by Brandon Bagley (steven.bagley@slcgov.com) Signature Date: 2022-01-21 - 10:19:30 PM GMT - Time Source: server Document emailed to Benjamin Luedtke (benjamin.luedtke@slcgov.com) for signature 2022-01-21 - 10:19:32 PM GMT Email viewed by Benjamin Luedtke (benjamin.luedtke@slcgov.com) 2022-01-24 - 8:59:49 PM GMT Document e-signed by Benjamin Luedtke (benjamin.luedtke@slcgov.com) Signature Date: 2022-01-24 - 9:38:27 PM GMT - Time Source: server Document emailed to Chris Norlem (chris.norlem@slcgov.com) for signature 2022-01-24 - 9:38:29 PM GMT Email viewed by Chris Norlem (chris.norlem@slcgov.com) 2022-01-24 - 9:48:21 PM GMT Document e-signed by Chris Norlem (chris.norlem@slcgov.com) Signature Date: 2022-01-24 - 9:48:55 PM GMT - Time Source: server Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature 2022-01-24 - 9:48:56 PM GMT Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com) Signature Date: 2022-01-26 - 0:07:13 AM GMT - Time Source: server Agreement completed. 2022-01-26 - 0:07:13 AM GMT Cindy Trishman (Feb 24, 2022 18:21 MST) BOE Appeal Memo_COMPLETE Final Audit Report 2022-02-25 Created:2022-02-25 By:Cindy Trishman (cindy.trishman@slcgov.com) Status:Signed Transaction ID:CBJCHBCAABAAHjBq1R2HJpATlYpLsN0wTR0Z33NXpfOR "BOE Appeal Memo_COMPLETE" History Document created by Cindy Trishman (cindy.trishman@slcgov.com) 2022-02-25 - 1:17:52 AM GMT Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com) Signature Date: 2022-02-25 - 1:21:11 AM GMT - Time Source: server Agreement completed. 2022-02-25 - 1:21:11 AM GMT DEPARTMENT of ECONOMIC DEVELOPMENT ERIN MENDENHALL MAYOR BEN KOLENDAR DIRECTOR CITY COUNCIL TRANSMITTAL _____________________________ Date Received: ___________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: ___________ ___________________________________________________________________ TO: Salt Lake City Council DATE: February 2, 2022 Dan Dugan, Chair FROM: Ben Kolendar, Director of Economic Development SUBJECT: Assessment Ordinance for the Central Business Improvement Area – 22 (CBIA-22) STAFF CONTACT: Ben Kolendar, Director, benjamin.kolendar@slcgov.com Lorena Riffo Jenson, Deputy Director, lorena.riffojenson@slcgov.com Jolynn Walz, Executive Manager, jolynn.walz@slcgov.com William Wright, Project Manager, william.wright@slcgov.com DOCUMENT TYPE: Ordinance RECOMMENDATION: The Administration recommends the City Council adopt the Assessment Ordinance for the Central Business Improvement Area 2022 (CBIA-22). BUDGET IMPACT: The CBIA-22 would be funded through Special Assessment. The budget summary for the City is detailed starting on page 3 under the section “Financial Summary for CBIA – 22.” Possible changes as recommended by the Board of Equalization have been added in red. COORDINATION: Economic Development, Treasurer’s Office, Engineering Division, Recorder’s Office, City Council’s Office, Attorney’s Office, Board of Equalization, Bonneville Research Consultant, and Gilmore & Bell (bond counsel). BACKGROUND/DISCUSSION: Salt Lake City established the Central Business Improvement Area (CBIA) in 1991 as a mechanism to fund marketing, promotions, advocacy, and other Lisa Shaffer (Feb 3, 2022 12:12 MST)02/03/2022 02/03/2022 initiatives in Downtown Salt Lake City through a special assessment on property within a designated area. This approval would re-establish a special assessment on properties within the same boundaries as 2019 for a three-year period and it breaks out a second assessment for holiday lighting (same boundaries as 2019, maps attached). This process is the final action by the City Council to establish the CBIA-22 which would begin on April 22, 2022. Board of Equalization: As required by law, a Board of Equalization (BOE) for the Assessment Area was appointed by the City Council on November 16, 2021. The BOE consisted of representatives from the Salt Lake City Council’s Office, the City Treasurer’s Office, and the City Engineer’s Office. The BOE met three times in January 2022, to hear and consider any arguments from individuals or property owners who claim to be aggrieved. The role of the BOE is to consider all facts and arguments presented at the hearings and provide recommendations to the City Council. BOARD OF EQUALIZATION RECOMMENDATIONS: The Board of Equalization (BOE) has recommended removing the holiday lighting assessment on two properties, owned by a single owner, which would reduce the CBIA-22 total revenue by $1,048.78. The BOE has also recommended possibly reducing the assessment of four (4) other properties, owned by a single owner, who is in the process of disputing Salt Lake County’s valuation for those properties. The properties undergoing a valuation dispute are currently being assessed $4,519.87. The BOE recommends to the City Council that the reduction of the assessments on any of the four properties only be made after the property owner provides the City with the appropriate documentation from the County showing the property valuation reductions, and then the requested assessment adjustments can be made administratively by the City Treasurer’s Office. The numbers listed in red in the updated budget reflect an unlikely scenario in which the two properties and the last four properties mentioned above would contribute $0 to the CBIA-22. The City Council can accept, reject, or modify the BOE’s recommendations. It is unlikely that the budget will be insufficient, even if all the properties listed above are given a lower assessment. However, if the budget is insufficient, other funds that may be used to fulfill the budget include: 1) any surplus remaining in existing accounts, 2) the reserve withheld, and/or; 3) reduced contractor fees. Financial Summary for CBIA-22 Revenue for CBIA-22 2021 Updated Taxable Property Valuation $3,635,816,258 Proposed Taxable Value Assessment Rate .00142 Taxable Value Assessment Subtotal $5,140,630 2021 Linear Footage for Holiday Lights $13,870 Proposed Holiday Light Rate per Foot $12.79 Holiday Light Assessment Subtotal $177,378 Total Assessment Revenue $5,318,008 Board of Equalization Recommended Adjustments -$5,569 (maximum possible adjustments) Total Adjusted Assessment Revenue $5,312,439 (reflects largest possible adjustment) Budget for CBIA-22 Salt Lake City Expenses DED Management $ 120,000 Reserve withheld (3%) $ 157,539 Professional and Technical $ 30,000 Legal Fees $ 20,000 Printing $ 5,000 Postage Fees $ 3,000 Contingency $ 18,5000 Salt Lake City Subtotal $ 354,039 RFP Recipient Budget Economic Development Activities (27%) $ 1,293,000 Marketing and Events (16%) $ 776,000 Administration (24%) $ 1,164,000 Ambassador Program Homeless Services (33%) $ 1,512,000 RFP Recipient Subtotal $ 4,745,000 Total Use of Funds $ 5,099,039 Special Stipulations Parcels under $20,000 in valuation as well as residential, ecclesiastical, and government-owned properties are exempt from the assessment, except those whose owners agree in writing to be assessed. By Utah law, properties that are not included in the initial Notice of Intent cannot be added later unless the property owner consents. However, properties may be removed from the CBIA-22 at the City Council’s discretion before assessment. Property owners are assessed the full amount but may pay the assessment in three (3) annual installments. No more than 30% of the assessment funds can be spent on administrative expenses. Remaining Proposed Council Actions: ● March 1, 2022 – The City Council accepts or modifies the BOE recommendations and adopts or rejects the Assessment Ordinance Previous Action/discussions by the Council concerning the CBIA-22: ● April 20, 2021 – Informational: Central Business Improvement Area 2022 ● July 13, 2021 – Resolution: Intention to Designate Central Business Improvement Area 2022 ● July 20, 2021 – Adoption: Resolution of Intention to Designate Central Business Improvement Area 2022 ● November 16, 2021 – The City Council announced the protest tally and determined that it did not exceeds the protest threshold; City Council adopted the Resolution to Designate the Assessment Area and appointed the BOE Attachments: ● BOE Report ● Assessment Ordinance ● Boundary Map ● Holiday Lighting Parcel Map ● CBIA-22 Timeline REPORT OF THE BOARD OF EQUALIZATION SPECIAL ASSESSMENT AREA CENTRAL BUSINESS IMPROVEMENT AREA CBIA 22 Board of Equalization Hearings for Special Assessment Area CBIA 22 were held on January 11, 12, and 13, 2022 at 451 South State Street, Room 326, and online, in accordance with the statute governing special assessment areas. The Board of Equalization discussed and presented its findings at a meeting held on January 13, 2022. Board of Equalization members City Council –Nick Tarbet and Ben Luedtke, Signature: _______________ Signature: ________________ Treasurer’s Office –Brandon Bagley, Signature: _______________ Engineering –Chris Norlem, Signature: _______________ Advisory Panel to the Board CBIA Consultant –Jonathan Springmeyer DED –Jolyn Walz and Will Wright City Attorney’s Office –Boyd Ferguson City Recorder’s Office –Cindy Lou Trishman and Thais Stewart The following are the concerns of property owners regarding the special assessment area, and the recommendations of the Board of Equalization. Bruce Markosian AAM Investments, LTD Address: 751 W 300 S Parcel #: 15 02 279 001 0000 Proposed Assessment: (as originally mailed for the BOE) Rate Code Description Method of Assessment Cost/Unit Total Quantity Excluded Quantity Assessed Quantity Estimated Assessment 1 base rate Value $0.00142 575,300.00 0.00 260,400.00 $816.93 $816.93 Address: 735 W 300 S Parcel #: 15 02 280 001 0000 Proposed Assessment: (as originally mailed for the BOE) Rate Code Description Method of Assessment Cost/Unit Total Quantity Excluded Quantity Assessed Quantity Estimated Assessment 1 base rate Value $0.00142 423,300.00 0.00 423,300.00 $601.09 $601.09 Address: 760 W 400 S Parcel #: 15 02 427 001 0000 Proposed Assessment:(as originally mailed for the BOE) Rate Code Description Method of Assessment Cost/Unit Total Quantity Excluded Quantity Assessed Quantity Estimated Assessment 1 base rate Value $0.00142 210,600.00 0.00 210,600.00 $299.05 $299.05 Address: 735 W 300 S Parcel #: 15 02 427 002 0000 Proposed Assessment: (as originally mailed for the BOE) Rate Code Description Method of Assessment Cost/Unit Total Quantity Excluded Quantity Assessed Quantity Estimated Assessment 1 base rate Value $0.00142 1,973,800.00 0.00 1,973,800.00 $2,802.80 $2,802.80 Property Owner Concerns: Mr. Markosian is concerned that Salt Lake County’s valuation of his properties are inaccurate and protested their valuations to the County board of equalization. Mr. Markosian indicated during the BOE Hearing that he received verbal confirmation from the County that adjustments to the valuation need to be made. To date, Salt Lake County has yet to finalize any changes in valuation or provide documentation of any approved changes. Board of Equalization Recommendation: Board recommends the assessment was appropriate but that if Salt Lake County changes the property valuations, the City should consider an adjustment of the assessment if it is practical. Andy Tran 328 Ventures LLC Address: 338 S State St. Parcel #: 16 06 301 041 0000 Proposed Assessment: (as originally mailed for the BOE) Rate Code Description Method of Assessment Cost/Unit Total Quantity Excluded Quantity Assessed Quantity Estimated Assessment 1 base rate Value $0.00142 260,400.00 0.00 260,400.00 $369.77 2 holiday lighting Linear Footage $12.79 33.00 0.00 33.00 $422.07 $791.84 Address: 328 S State St. Parcel #: 16 06 301 040 0000 Proposed Assessment: (as originally mailed for the BOE) Rate Code Description Method of Assessment Cost/Unit Total Quantity Excluded Quantity Assessed Quantity Estimated Assessment 1 base rate Value $0.00142 405,2000.00 0.00 405,2000.00 $575.38 2 holiday lighting Linear Footage $12.79 49.00 0.00 49.00 $626.71 $1202.09 Property Owner Concerns: Mr. Tran is concerned that his properties are being assessed for holiday lighting and currently and for the past two years holiday lighting has not been available due to an infrastructure deficiency. Board of Equalization Recommendation: The Board was able to determine that indeed these properties have not received holiday lighting the past two years and recommends that these two properties not be assessed for holiday lighting. Tom Buntz SKR Properties American Towers Highrise Address: 44 W 300 S Parcel #: 15 01 283 002 0000 Proposed Assessment: (as originally mailed for the BOE) Rate Code Description Method of Assessment Cost/Unit Total Quantity Excluded Quantity Assessed Quantity Estimated Assessment 1 base rate Value $0.00142 473,100.00 0.00 473,100.00 $671.80 $671.80 Address: 44 W 300 S Parcel #: 15 01 283 003 0000 Proposed Assessment: (as originally mailed for the BOE) Rate Code Description Method of Assessment Cost/Unit Total Quantity Excluded Quantity Assessed Quantity Estimated Assessment 1 base rate Value $0.00142 5,597,500.00 0.00 5,597,500.00 $7,948.45 $7,948.45 Address: 44 W 300 S Parcel #: 15 01 283 004 0000 Proposed Assessment: (as originally mailed for the BOE) Rate Code Description Method of Assessment Cost/Unit Total Quantity Excluded Quantity Assessed Quantity Estimated Assessment 1 base rate Value $0.00142 4,669,600.00 0.00 4,669,600.00 $6,630.83 $6,630.83 Property Owner Concerns: Mr. Buntz is concerned that that his properties do not benefit from economic promotion of the Central Business District, or if they do, they are proportionately less benefited than other types of property. Specifically, Mr. Buntz believes that his properties do not benefit from security services from the CBIA. Board of Equalization Recommendation: The Board recommends the assessment is appropriate. Brett Palmer LEXI, LLC Address: 100 S 654 W Parcel: 15 01 103 006 000 Proposed Assessment: (as originally mailed for the BOE) Rate Code Description Method of Assessment Cost/Unit Total Quantity Excluded Quantity Assessed Quantity Estimated Assessment 1 base rate Value $0.00142 168,900.00 0.00 168,900.00 $239.84 $239.84 Address: 100 S 660 W Parcel: 15 01 103 013 000 Proposed Assessment: (as originally mailed for the BOE) Rate Code Description Method of Assessment Cost/Unit Total Quantity Excluded Quantity Assessed Quantity Estimated Assessment 1 base rate Value $0.00142 81,000.00 0.00 81,000.00 $115.02 $115.02 Property Owner Concerns: Mr. Palmer is concerned that his properties, which are located on the western edge of the assessment area, and especially the parking lot, do not directly benefit from the assessment, or if they do, it is proportionately less benefited than properties more centrally located in the Central Business District. Board of Equalization Recommendation: The Board recommends the assessment is appropriate. The Board also discussed recommending that the recipient of the contract for economic promotion services reach out to businesses along the western edge that was added to the assessment area in 2016 at the suggestion of the City Council, to describe the services provided in that area. The Board of Equalization finds that, under Utah Code Section 11 42 403(5): o each assessed property within the assessment area will be assessed in a manner that meets the requirements of Utah Code Section 11 42 409; and o except as provided in Utah Code Subsection 11 42 409(5), no parcel of property on the assessment list will bear more than its equitable portion of the actual costs that are reasonable of the improvements benefitting the property in accordance with Utah Code Section 11 42 409. A-1 4879-1584-5896, v. 2 Salt Lake City, Utah March 1, 2022 A regular meeting of the City Council of Salt Lake City, Utah, was held on Tuesday, March 1, 2022, at 7:00 p.m. [via electronic means] [at the offices of the City Council at 451 South State Street, Salt Lake City, Utah,] at which meeting there were present and answering to roll call the following members who constituted a quorum: Dan Dugan Chair Darin Mano Vice-Chair Amy Fowler Councilmember Victoria Petro-Eschler Councilmember Alejandro Puy Councilmember Ana Valdemoros Councilmember Chris Wharton Councilmember Also present: Erin Mendenhall Mayor Katherine Lewis City Attorney Cindy Lou Trishman City Recorder Absent: After the meeting had been duly called to order and after other matters not pertinent to this ordinance had been discussed, the City Recorder presented to the City Council a Certificate of Compliance with Open Meeting Law with respect to this March 1, 2022, meeting, a copy of which is attached hereto as Exhibit A. The Board of Equalization (the “Board”) for the Salt Lake City, Utah Central Business Improvement Assessment Area No. DA-CBIA-22 (the “Assessment Area”) presented to the City Council its report and stated that it had reviewed statements, comments and complaints on each property in the Assessment Area as listed in the minutes of the hearings of the Board held on January 11, 12 and 13, 2022. The following Findings, Recommendation and Decision were then presented to the City Council by the Board: FINDINGS It is the finding of the Board that each assessed property within the Assessment Area will be assessed in a manner that meets the requirements of Section 11-42-409 of the A-2 4879-1584-5896, v. 2 Assessment Area Act, Title 11, Chapter 42, Utah Code Annotated 1953, as amended (the “Act”). Furthermore, no parcel of property listed in the assessment list, as adjusted herein, will bear more than its equitable portion of the actual costs that are reasonable of the economic promotion activities in the Assessment Area, in accordance with Section 11-42- 409 of the Act. RECOMMENDATION AND DECISION It is the decision of the Board that the proposed assessment list, as adjusted by the modifications shown in Exhibit C, is equitable and that the economic promotion activities being financed thereby constitute a benefit to the properties to be assessed. The assessment list is approved subject to the modifications shown on Exhibit C attached hereto. The Board respectfully recommends that the City Council approve and confirm the assessment list, as adjusted, and adopt an ordinance levying the assessment set out in the assessment list, as adjusted. The City Recorder then noted that the City Council is now convened in this meeting for the purpose, among other things, of accepting the Findings, Recommendation and Decision of the Board regarding the proposed assessments to be levied within the Assessment Area and adopting an Assessment Ordinance (the “Ordinance”) for the Assessment Area. The following Ordinance was then introduced in writing, was fully discussed, and pursuant to motion duly made by Councilmember __________ and seconded by Councilmember _____________, was adopted by the following vote: AYE: NAY: The Ordinance was then signed by the Chair, presented to and approved by the Mayor, and recorded by the City Recorder in the official records of Salt Lake City, Utah. The Ordinance is as follows: A-3 4879-1584-5896, v. 2 ORDINANCE NO. ___ of 2022 An ordinance confirming the equalized assessment list and levying an assessment against certain properties in the Salt Lake City, Utah Central Business Improvement Assessment Area No. DA-CBIA-22 (the “Assessment Area”), for the purpose of financing certain economic promotion activities in the downtown area; establishing the effective date of the ordinance; and related matters. BE IT ORDAINED BY THE CITY COUNCIL OF SALT LAKE CITY, UTAH, AS FOLLOWS: Section 1. Determination of Costs. All costs and expenses to finance the proposed activities, which include advertising, marketing, special events, festivals, transportation, newsletters, publications, banners, Christmas lighting, security, special projects, housing, town meetings, government policy, cultural promotion, reports, surveys, homeless services and other promotional activities (the “Economic Promotion Activities”) within the Assessment Area, together with related costs, have been determined. Section 2. Approval of Assessment List; Findings. The City Council (the “Council”) of Salt Lake City, Utah (the “City”), hereby accep ts and adopts the Findings, Recommendation and Decision of the Board of Equalization. The Council confirms and adopts the equalized and adjusted assessment list for the Assessment Area, a copy of which is attached hereto as Exhibit B and incorporated herein by reference (the “Assessment List”). The Council has determined that the Assessment List, as adjusted and equalized, is just and equitable; that each assessed property within the Assessment Area will be assessed in a manner that meets the requirements of Section 11-42-409 of the Assessment Area Act, Title 11, Chapter 42, Utah Code Annotated 1953, as amended (the “Act”); and that no parcel of property listed in the Assessment List will bear more than its equitable portion of the actual costs that are reasonable of the Economic Promotion Activities. The City Treasurer may, in his or her sole discretion, make adjustments to the Assessment List in the future if the contesting property owner described in Exhibit C presents to the City Treasurer sufficient evidence to demonstrate that their 2021 taxable property value has been reduced by Salt Lake County. Section 3. Levy of Assessments. The Council hereby levies an assessment upon the real property identified in the Assessment List. The assessments levied upon each parcel of property therein described shall be in the amount set forth in the Assessment List. The assessments hereby levied are to promote business, economic, and community development activities in the central business area of downtown Salt Lake City by financing the Economic Promotion Activities described herein. The assessments are hereby levied and assessed upon each of the parcels of real property described in the Assessment List in accordance with the benefit received from the Economic Promotion Activities within the Assessment Area. The assessments are levied upon the parcels of land in the Assessment Area at equal and uniform rates. A-4 4879-1584-5896, v. 2 Section 4. Cost of Economic Promotion Activities; Amount of Total Assessments. The total cost of the Economic Promotion Activities in the Assessment Area is $5,318,008, including allowable related expenses. The amount to be assessed against property affected or benefited by the Economic Promotion Activities in the Assessment Area is $5,318,008. These amounts do not exceed in the aggregate the sum of: (a) the total contract price or prices for the Economic Promotion Activities (which contract has been duly let to the lowest and best responsible bidder therefor); (b) the acquisition price of improvements, if any; (c) the reasonable cost of economic promotion activities; (d) the price of purchasing property, if any; (e) connection fees, if any; (f) the interest on interim warrants issued against the Assessment Area, if any; and (g) overhead costs not to exceed fifteen percent (15%) of the sum of (a), (b), (c) and (e). Section 5. Method and Rate. The assessment is a one-time assessment for a three-year period on property in the Assessment Area to pay all or a portion of the estimated costs of the Economic Promotion Activities. The total assessment for the Assessment Area is levied based upon (i) 2021 taxable property values plus (ii) linear feet on certain properties with frontage on certain streets for special holiday lights, as set out in the Notice of Intention to Designate Assessment Area pertaining to the Assessment Area. The assessment for each property was determined based on costs as set out in Section 4. Section 6. Payment of Assessments. Assessments shall be payable in full or in three (3) annual installments (the “Assessment Installment” or “Installments”). If payable in three (3) annual installments, the first Installment will fall due May 6, 2022. The second and third Installments will fall on the first and second anniversary dates of the first Installment. If any Installment is not paid by the due date, the unpaid Installment(s) will accumulate delinquent interest and/or charges in accordance with this Assessment Ordinance and State law. Section 7. Default in Payment. If a default occurs in the payment of any assessment installment when due, the City may (a) declare the delinquent amount to be immediately due and subject to collection, or (b) accelerate payment of the total unpaid balance of the assessment and declare the whole of the unpaid principal and interest then due to be immediately due and payable. Additional interest shall accrue and be paid on all amounts declared to be delinquent or accelerated and immediately due and payable at the same rate as is applied to delinquent real property taxes for the year in which the assessment installment becomes delinquent (the “Delinquent Rate”). In addition to interest charges at the Delinquent Rate, costs of collection, including attorneys’ fees and court costs (“Collection Costs”), as determined by the City Treasurer or as required by law, may be charged and paid on all amounts declared to be delinquent or accelerated and immediately due and payable. In lieu of accelerating the total assessment balance when one or more assessment installments become delinquent, the City may elect to bring an action to collect only the delinquent portion of the assessment plus interest at the Delinquent Rate and Collection Costs. Upon any default, the City Treasurer shall give notice in writing of the default to the owner of the property in default as shown by the last available completed real property assessment rolls. Notice shall be effective upon deposit of the notice in the U.S. Mail, A-5 4879-1584-5896, v. 2 postage prepaid, and addressed to the owner as shown on the last equalized assessment rolls for the City or on the official ownership records of Salt Lake County. The notice shall provide for a period of thirty (30) days in which the owner shall pay the installments then due and owing plus costs as determined by the City Treasurer. If the City elects to use the enforcement remedy involving acceleration, the Notice shall also declare that after the thirty (30) day period the City shall accelerate the then unpaid balance of the principal of the assessment to be immediately due and payable together with Collection Costs and interest on the entire unpaid balance to accrue from the date of delinquency at the Delinquent Rate. Thereafter, the City may immediately initiate a sale of the property as provided in Title 59, Chapter 2, Part 13, Utah Code Annotated 1953, as amended, or sell the property pursuant to Section 11-42-502.1(2) and related pertinent provisions of the Act in the manner provided for judicial foreclosures, or utilize any other remedy permitted by law. If at the sale no person or entity shall bid and pay the City the amount due on the assessment plus interest and costs, the property shall be deemed sold to the City for these amounts. The City shall be permitted to bid at the sale. So long as the City retains ownership of the property, it shall pay all delinquent assessment installments and all assessment installments that become due. The remedies provided herein for the collection of assessments and the enforcement of liens shall be deemed and construed to be cumulative and the use of any one method or means of collection or enforcement shall not deprive the City of the use of any other method or means. The amounts of accrued interest and all Collection Costs, attorneys’ fees and costs shall be added to the amount of the assessment up to, and including, the date of foreclosure sale. Section 8. Remedy of Default. If prior to the final date that payment may be legally made under a final sale or foreclosure of property to collect delinquent assessment installments, the property owner pays the full amount of all unpaid installments that are past due and delinquent with interest at the Delinquent Rate, plus all approved or required costs and attorneys’ fees, the assessment of said owner shall be restored so that the owner will have the right to make the payments in installments as if the default had not occurred. Any payment made to cure a default shall be applied first, to the payment of attorneys’ fees and other costs incurred as a result of such default; second, to interest charged on past due installments, as set forth above; third, to the interest portion of all past due assessments, if any; and last, to the payment of outstanding principal. Section 9. Lien of Assessment. Upon the recordation of the required documents and notices, an assessment or any part or installment of it, any interest accruing, and the penalties, attorneys’ fees and costs of collection shall constitute a political subdivision lien against the property upon which the assessment is levied on the effective date of this Ordinance. Said lien shall be superior to the lien of any trust deed, mortgage, mechanic’s or materialman’s lien, or other encumbrance, shall be equal to and on a parity with the lien for general property taxes, and shall apply without interruption, change of priority, or alteration in any manner to any reduced payment obligations. The lien shall continue until the assessment, reduced payment obligations, and any interest, penalties, and costs on it are paid, notwithstanding any sale of the property for or on account of a A-6 4879-1584-5896, v. 2 delinquent general property tax, special tax, or other assessment, the issuance of a tax deed, an assignment of interest by Salt Lake County, or a sheriff's certificate of sale or deed. Section 10. Contestability. No assessment shall be declared invalid or set aside in whole or in part in consequence of any error or irregularity that does not go to the equity or justice of the assessment or proceeding. Any party who has not waived his/her objections to same as provided by statute may commence a civil action in the district court with jurisdiction in Salt Lake County against the City to enjoin the levy or collection of the assessment or to set aside and declare unlawful this Ordinance. Such action must be commenced and summons must be served on the City not later than sixty (60) days after the effective date of this Ordinance. This action shall be the exclusive remedy of any aggrieved party. No court shall entertain any complaint that the party was authorized to make by statute but did not timely make or any complaint that does not go to the equity or justice of the assessment or proceeding. After the expiration of the 60-day period provided in this section: (a) The assessments levied in the Assessment Area shall become incontestable as to all persons who have not commenced an action and served a summons as provided for in this section; and (b) A suit to enjoin the levy, collection, or enforcement of the assessment, or to attack or question the legality of the assessment may not be commenced in this state, and a court may not inquire into those matters. Section 11. All Necessary Action Approved. The officials of the City are hereby authorized and directed to take all action necessary and appropriate to effectuate the provisions of this Ordinance, including the mailing of invoices to property owners in the Assessment Area. Section 12. Repeal of Conflicting Provisions. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed. Section 13. Posting of Ordinance. Following its approval, this Ordinance shall be signed by the Mayor and the City Recorder and shall be recorded in the ordinance book kept for that purpose. Copies of this Ordinance shall be posted in at least three public places within the City’s boundaries for at least 21 days and a copy of this Ordinance shall also be posted on the Utah Public Notice Website (http://pmn.utah.gov) for at least 21 days. This Ordinance shall take effect on April 21, 2022. Section 14. Notice of Assessment Interest. The City Recorder is hereby authorized and directed to file a Notice of Assessment Interest with the Salt Lake County Recorder within five days of the effective date of this Ordinance. Such Notice shall (1) state that the City has an assessment interest in the assessed property, (2) state the maximum number of years over which the assessment will be payable, and (3) describe the property assessed by legal description and tax identification number. A-7 4879-1584-5896, v. 2 PASSED AND APPROVED by the City Council of Salt Lake City, Utah, this March 1, 2022. (SEAL) By:_________________________________ Chair ATTEST: By: City Recorder APPROVED AS TO FORM: ____________________________________ Boyd Ferguson Senior City Attorney A-8 4879-1584-5896, v. 2 After the transaction of other business not pertinent to the foregoing matter, the meeting was on motion duly made, seconded, and carried, adjourned. (SEAL) By:_________________________________ Chair ATTEST: By: City Recorder A-9 4879-1584-5896, v. 2 PRESENTATION TO THE MAYOR The foregoing ordinance was presented to the Mayor for her approval or disapproval on this March ___, 2022. By:_________________________________ Chair MAYOR'S APPROVAL OR DISAPPROVAL The foregoing ordinance is hereby approved this March ___, 2022. ____________________________________ Erin Mendenhall Mayor A-10 4879-1584-5896, v. 2 STATE OF UTAH ) : ss. COUNTY OF SALT LAKE ) I, Cindy Lou Trishman, the duly appointed and qualified City Recorder of Salt Lake City, Utah, do hereby certify that the above and foregoing is a full, true and correct copy of the record of proceedings had by the City Council of Salt Lake City, Utah, at its meeting held on March 1, 2022, insofar as the same relates to or concerns the Salt Lake City, Utah Central Business Improvement Assessment Area No. DA-CBIA-22, as the same appears of record in my office. I further certify that the Ordinance levying the assessments was recorded by me in the official records of Salt Lake City on ___________, 2022. I further certify that copies of the Ordinance were posted in at least three public places within the City’s boundaries for at least 21 days and a copy of the Ordinance was posted on the Utah Public Notice Website (http://pmn.utah.gov) for at least 21 days. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of Salt Lake City this ___________, 2022. (SEAL) By: City Recorder A-11 4879-1584-5896, v. 2 EXHIBIT A CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I, Cindy Lou Trishman, the undersigned City Recorder of Salt Lake City, Utah (the “City”), do hereby certify, according to the records of the City in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-202, Utah Code Annotated 1953, as amended, I gave not less than twenty- four (24) hours public notice of the agenda, date, time, and place of the March 1, 2022, public meeting held by the City as follows: (a) [By causing a Notice, in the form attached hereto as Schedule 1, to be posted at the City’s offices at 451 South State Street, Salt Lake City, Utah, on _________, 2022, at least twenty-four (24) hours prior to the convening of the meeting, said Notice having continuously remained so posted and available for public inspection until the completion of the meeting;] (b) By causing a copy of such Notice, in the form attached hereto as Schedule 1, to be delivered to the Salt Lake Tribune on __________, 2022, at least twenty-four (24) hours prior to the convening of the meeting; and (c) By causing a copy of such Notice, in the form attached hereto as Schedule 1, to be posted on the Utah Public Notice Website (http://pmn.utah.gov) at least twenty-four (24) hours prior to the convening of the meeting. In addition, the Notice of 2022 Annual Meeting Schedule for the City Council (attached hereto as Schedule 2) was given specifying the date, time, and place of the regular meetings of the City Council to be held during the year, by causing said Notice to be (a) posted on _______________, at the principal office of the City Council, (b) provided to at least one newspaper of general circulation within the City on ___________, and (c) published on the Utah Public Notice Website (http://pmn.utah.gov) during the current calendar year. IN WITNESS WHEREOF, I have hereunto subscribed my official signature this March 1, 2022. (SEAL) By: City Recorder A-12 4879-1584-5896, v. 2 SCHEDULE 1 NOTICE OF MEETING A-13 4879-1584-5896, v. 2 SCHEDULE 2 NOTICE OF 2022 ANNUAL MEETING SCHEDULE B-1 4879-1584-5896, v. 2 EXHIBIT B ASSESSMENT LIST (Available for review at the offices of the City Recorder or City Engineer) C-1 4879-1584-5896, v. 2 EXHIBIT C MODIFICATIONS RECOMMENDED BY BOARD OF EQUALIZATION INTERSTATE 15REGENT STEDISON STRICHARDS STVIN E A L M O N DQUINCE STALMOND30 0 N CANYONALAME DA STANTON BELD ON GALE STPACIF ICAVE700 WWASHINGTONLACONIAHOYT PL QUINCECOTTAGE STRINGFELLOWGR EGORYWAYNEDELMARPOPLAR A R N O L D DUBEICHATMANCANYON SIDE LNOR PHEUM ROADSPENCER CTJACK SON AV EMERIL AVE ELDER CTPIERP ON T TEMPLE PACIF IC AVPACIFIC 600 S MOFFATT CTNORT H TEMPLE PLUM ALLEYPIERP ON T MA RKET S T SHELMERDINEBLAIR STIVERSONCONWAYSOCIAL H ALL WOODBINEBUTTERWORTHMARGUERITEFLORALPLEASANTTEMPLESOUTH EAST200EDMONDSARGYLEBLISS CTRENDON CTSEWARD JACKSON AV ECCLE S EXCHANGE PL GA LL IVAN AVLOMAGRAY EASTHILLSIDE AV CAPITOL STRIO GRANDECTOR CHARD P L MORTENSENCTWALL50 N SQUARE SQUARE LIBRARYWASHINGTON PIONEER PARKGATEWAYTHEDANSIE DR 40 0 S400 S 500 S500 S 200 W400 W500 W300 W200 W600 S600 S600 WMAIN ST300 E400 E40 0 S 10 0 S 30 0 S 300 S300 S 200 S MAIN ST300 N 20 0 N 200 E300 E400 E700 W600 W500 W400 W(HWY 89)3RD AVE B STC STD STA ST1ST AVE 600 W500 W200 N 300 N (HWY 186 ) 30 0 S 200 S 10 0 S 700 WINTERSTATE 15WESTTEMPLESTATE STSTATE STWEST TEMPLE300 W200 W400 WWEST TEMPLESal t La ke CityCBIABoundary Ma p 4 50 51 299 375 80 255 131 222206 324 215 380 220 60 61 128 175 111 7 310 8 136 15 9 132 201 316 77 185 36 120 360 102 75 161 170 15 375 15 307 0 10 248 306 122 311 10 10 110 69 239 335 100 111 175 26 250 311 143 48 334322 341 342 360 79 360 51 185 10 163 150 144 334 320 149 321326 135 160165 75 262 149 330 357 319 155 328 260 163151 145 158156 159 323 155 268 159 338 327 331 225 18 149 124 160 325 122 118 270 120116 315 370 317 30 50 55 50 55 55 30 55 50 50 30 99 50 50 555550 5550 5045 55 50 44 44 44 99 9945 55 45 50 994450 65 505065 515151 51 5050 51 50 50 50 51 65 50 50 51 50 51 50 51 50 21 51 51 50 50 655051 200 S200 S 400 S400 S 300 S300 S 200 E200 E400 W400 W300 W300 W200 W200 W100 S100 SMain St Main St State St State St So u th Templ e St South Te m p le S t West Temple St West Temple St Rio Grande St Rio Grande St Edison St Edison St Regent St Regent St Exc hange Pl E xc h an ge Pl Pi e r pont Ave Pier po n t Ave Plum Aly Plum Aly Floral St Floral St Soc ial H all Ave Soci al Hall Ave Gal livan Av e Gal liva n Ave Poplar Ct Poplar Ct Wayne Ct Wayne Ct Moffatt Ct Moffatt Ct Marguerite Ct Marguerite Ct Shelmerdine Ct Shelmerdine Ct 100 S100 S Pi e rpont Ave Pie r po n t Av e CBIA 16: Holiday Lighting Parcels (Preliminary)July 29, 2015Salt Lake City Geographic Information Systems OHoliday Lighting Streets Included Parcels CBIA ‐ 22 Tentative Timeline Step Action  Description Group/Lead Deadlines 1 Consultant Contract Contract with a consultant to provide guidance   throughout process.DED 2/1/21 ‐ 4/30/2021 2 Technical Description of the CBIA  Technical Description of the CBIA provided to  Engineering. Engineering prepares tax roll based on this  data. Consultant  3/12/2021 3 Develop assessment methodology that conforms to  Assessment Area Act. Develop assessment methodology concerning  Economic Promotion & Lighting Assessment.DED 3/24/2021 4 Salt Lake County Property Tax Information.  Numbers should be available by May 22, 2021. Consultant 5/28/2021 5 Bond Counsel Description & Improvement Review  Bond Counsel reviews the description of Improvements  and Areas to be Improved.DED  6/1/2021 6 Resolution of intent to designate. Bond Counsel drafts resolution of Intent to Designate. Bond Counsel 6/15/2021 7 Resolution of Intent to Designate and Justification  transmittal. (Mayor) Resolution of Intent to Designate and justification  documentation transmitted to Mayor’s Office. DED 6/22/2021 8 Resolution of Intent to Designate and Justification  transmittal. (Council Office) Resolution of Intent to Designate and justification  documentation transmitted to Council Office. Mayor’s Office 6/29/2021 9 City Council Meeting DED will brief the City Council on CBIA‐22 Information. DED  7/13/2021 10 Property Owner Letter Property Owner letter includes  verbiage of preliminary  estimate, rate, notice of intent to designate, common  question and map finalized. DED  7/17/2021 11 Tax roll prepared for DED approval. Assess County Data. Engineering  7/17/2021 12 DED approval of tax roll. DED approves county data. DED  7/17/2021 13 City Council Meeting City Council adopts the resolution of Intent to  Designate the assessment area.City Council  7/20/2021 14 Draft/Create Notice of Intent to Designate Letter Engineering  7/22/2021 15  Post Notice of Intent to Designate  Post notice of intent to designate in at least three  public places within boundaries of jurisdiction DED  8/16/2021  16 Mail out Notice of Intent to Designate Mail out Notice of Intent to Designate to go out within  10 days of notice posting. DED sends via  State  Mail  8/19/2021 17 Minutes prepared for use at protest hearing Distribute to team SAA. Bond Counsel 8/30/2021 18 City Council Meeting City Council Protest Hearing City Council 9/7/2021 19 Draft Resolution to Designate the Assessment Area and  appoint the Board of Equalization (BOE).Bond Counsel 9/14/2021 20 Resolution to Designate the Assessment Area and  appoint the Board of Equalization Transmittal (Mayor’s  Office)  Resolution to Designate the Assessment Area and  appoint the Board of Equalization Transmited to  Mayor’s Office. DED 9/21/2021 21 Resolution to Designate the Assessment Area and  appoint the Board of Equalization (City Council). Resolution to Designate the Assessment Area and  appoint the Board of Equalization Transmited to the  Council Office. Mayor’s Office 9/28/2021 22 Publish Notice of Intent to Designate Publish Notice of Intent to Designate on the Utah Public  Notice Website  DED 10/4/2021 23 Property Owners Written Protests Filing Deadline Property owners who are protesting the assessment  area.  Also, the end of 60‐day written protest period.Engineering 11/8/2021 24 Compile Written Protests.Engineering 11/9/2021 25 RFP: Center Business Improvement Assessment Area  Management Request For Propsal (RFP) Solisitation to find a vendor to manage the assessment  area once approved. DED  11/9/2022 26 Delivery of Compilation of Protests Compilation of protests sent to City Council. Engineering 11/9/2021 27 Publishing of Written Protests Publishing of Written Protests on City & State public  notice website.DED 11/9/2021 28 City Council Meeting City Council  announces the protest tally and if it  exceeds 40% threshold.City Council 11/16/2021 29 City Council Meeting City Council adopts the Resolution to Designate the  Assessment Area and appoints the Board of  Equalization. City Council 11/16/2021 30 Recording of the Resolution to Designate the  Assessment Area & Notice of Proposed Assesment Record Resolution to Designate the Assessment Area  and Notice of Proposed Assessment with Salt Lake  County Recorder, within 15 days of adoption. Salt Lake City  Recorders 11/16/2021 ‐ 12/1/2021 31 BOE Notice and Dates of BOE Meetings.Finalize Verbiage for BOE notice and dates of BOE  meetings.Bond Counsel 11/24/2021 32 Mailing process for the BOE notice. Begins 2 weeks before mailing date. Engineering 12/3/2021 33 RFP: Center Business Improvement Assessment Area  Management submissions Proposals/submission due from interested vendors DED 12/7/2021 34 Publication of the BOE hearings. Publication and posting of time and location of the 3  consecutive meetings. Posted in at least 3 public places  at least 20 days, but not more than 35 days from the  first BOE hearings dates.  Published on the Utah Public  Notice Website. DED 12/7/2021 35 Mailing due to Recorder’s Office for review. Due 1 week before mailing date. Engineering 12/10/2021 36 Mailing of preliminary assessment & notice of BOE  hearings  Mailing sent to each property owner and  each street  address. DED 12/17/2021 37 BOE hearings 9:00 am to 10:00 am (public meeting). Held on consecutive days by statute.Salt Lake City  Recorders 1/11/2022 38 BOE hearings 10:00 am to 11:00 am (public meeting). Held on consecutive days by statute.Salt Lake City  Recorders 1/12/2022 39 BOE hearings 1:00 pm to 2:00 pm (public meeting). Held on consecutive days by statute.Salt Lake City  Recorders 1/13/2022 40 Finalization of BOE Hearings Finalize the report DED 1/18/2022 41 RFP: Center Business Improvement Assessment Area  Management Selection Selection is made from the proposals submitted DED 1/21/2022 42 BOE Report Completion BOE report completed, signed, and forwarded to City  Council and Bond Counsel.DED 1/21/2022 43 Mailing of BOE Final Report BOE report mailed to objecting property owners. Begins  15 day appeal period. Engineering 1/21/2022 44 Assessment Ordinance Bond Counsel Draft Assessment Ordinance Bond Counsel 1/28/2022 45 Assessment Ordinance Transmittal (Mayor’s Office).Assessment Ordinance transmitted to the Mayor's  Office. DED 2/1/2022 46 Assessment Ordinance Transmittal (Council Office).Assessment Ordinance transmitted to the Council  Office. Mayor’s Office 2/8/2022 47 City Council Meeting City Council accepts or modifies BOE recommendations  and adopts or rejects Assessment Ordinance.City Council 3/1/2022 48 RFP: Center Business Improvement Assessment Area  Management Contract drafting and Execution Agreement between Salt Lake City and the vendor to  manage the assesment area. DED 3/4/2022 49  Budget or budget amendment submittion for CBIA Submit budget to SLC Finance Department DED 3/17/2022 50 Transfer properties into billing status.Engineering 3/17/2022 51 Assessment Invoices and Billing Mail assessment notices and invoices to Property  Owners by  April 5, 2022 the latest.Treasurer 3/18/2022 52 Publication & Posting of the Assessment Ordinance  1. Publication of the Assessment Ordinance on the Utah  Public Notice Website.  2. Post a copy of the Assessment Ordinance in at least  three public places within the jurisdiction boundaries.  For at least 21 days Bond Council 3/20/2022 53 Certificate of Project Engineer Certificate of Project Engineer Signed by DED DED 3/25/2022 54 Record Notice of Assessment Interest with Salt Lake  County Recorder. I note that Utah Code 11‐42‐404(4)(b)(iii) requires the  notice of assessment interest to “describe the property  assessed by legal description and tax identification  number.” Metes and Bounds legal description provided  by Recorder’s Office. Salt Lake City  Recorders 4/21/2022 55 Effective start date of the Assessment Ordinance Must be specified in the Assessment Ordinance DED 4/21/2022 56 Assessment Payments Due Invoice Payments due from property owners [15 days  after effective date of Assessment Ordinance]Treasurer 5/6/2022 COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Nick Tarbet, Policy Analyst DATE: March 1, 2022 RE:Text Amendment: Public Notice for Permits to Work in the Public Right of Way PROJECT TIMELINE: Written Briefing: Jan 12, 2021 Briefing 1: Feb 9, 2021 Briefing 2 January 11, 2022 Briefing 3; March 1, 2022 Set Date: December 8, 2020 Public Hearing 1: Jan 19, 2021 Public Hearing 2: Feb 1, 2022 Potential Action: TBD New Information At the February 1st public hearing, many expressed support for the changes because it will notify residents when work will be done adjacent to their properties. Others expressed concerns about the timing of the notice and confusion it may cause if it is delivered too soon. The Council received written feedback in addition to the public hearing comments. All the feedback and concerns are addressed in the section below. The Council closed the public hearing and deferred action to a future Council meeting. Based on public comments heard at the hearing and received in writing, staff drafted a summary of requested changes below for the Council to consider. Staff proposes the Council review each item and determine whether or not the changes should be included in the final ordinance. Based on the Council’s direction, staff will work with the Attorney’s Office to update the ordinance and bring it back for potential adoption at a future Council meeting. Potential Changes for Consideration Clarifying – the definition of adjacent property owners. Some comments requested the City clarify the definition of “Adjacent.” The concern is it could be too broad. An example has been given that when a contractor is pulling fiber through conduit, the only impact to property owners is to those properties adjacent to Page | 2 the locations where the fiber goes in and comes out of the conduit. The properties along the route (other than the beginning and end) would not be impacted at all by the work. However, they are concerned that every property along the route would have to be notified. On the other hand, the Council could clarify that any property who is impacted by parking restrictions, construction equipment, or traffic detours could be considered “adjacent”. Does the Council wish to clarify the definition of “Adjacent?” Does it mean the properties adjacent to the location where the applicant is either installing an aboveground facility or breaking the ground to place an underground facility? Or does it mean properties that are near to or affected by impacts? Questions have been raised about who is responsible for providing and paying for the notification. The current ordinance states: Prior to the city issuing a Work in the ROW permit, notice of the proposed work shall be delivered to the occupant at the adjacent properties except as otherwise provided herein. Notice will be delivered by applicant unless otherwise determined by the City Engineer. Potential changes for greater clarity: Prior to the city issuing a Work in the ROW permit, notice of the proposed work shall be delivered by the applicant to the occupant at the adjacent properties except as otherwise provided herein. Notice will be paid for and delivered by applicant unless otherwise determined by the City Engineer Does the Council support this change?  Lumen/Century Link Comments o Lumen requested the following exemption be included from the notification requirement. The installation of fiber optic cables to existing utility infrastructure, including existing poles, wires or conduit. Staff was concerned this was too broad and many projects would not be required to provide the public notice. Based on this concern, staff is proposing the following change: The installation of overhead fiber optic cables to existing poles and wires or installation of buried fiber optic cables in existing conduit where excavation is not required.” Does the Council support this change? Page | 3 Verizon’s Comments o A1 – Request for clarification on who is responsible to do the notification and recommended City staff handle the notification process. The intent of the council was for the franchise holder/applicant to be responsible for notifying property owners about the work that will be done. Staff recommends keeping this language in the ordinance o A2 – Concerns about requiring additional permits This is existing language currently in the ordinance. No changes from staff have been proposed. The Attorney’s Office said this is a generally applicable provision that is included to make sure all related permits and approvals are secured by the applicant so that the City knows the applicant has the right to install the facility related to the permit request. Staff recommends keeping this language in the ordinance o A3 – Amend section that allows City Engineer to require any other reasonable information This is existing language currently in the ordinance. No changes from staff have been proposed. This existing language gives Administrate staff flexibility to require additional information for the application if it becomes apparent it is needed to help process the application. Staff recommends keeping this language in the ordinance o B1 - Request to change the timing of when public notice must be provided. The proposed ordinance would require public notice be provided before the permit is issued, so that staff can confirm delivery of the notice. If notice is provided after the permit is issued, there is no way for the City to verify and ensure it has been provided. Staff recommends keeping this language in the ordinance as is currently drafted. The Council may wish to discuss adding a requirement to require a second notice 48-72 hours before construction starts o B2 - Request to not require notice for work located below ground. The Council specifically requested changes to the ordinance that would require notice for work below ground in the public right of way. Staff recommends keeping this language in the ordinance as is currently drafted. The following information was provided for the February 1, 2022 public hearing. It is provided again for background purposes. January 11 Work Session Summary Page | 4 During the January 11, 2022 work session briefing, the Council didn’t raise any significant concerns or questions about the updated draft ordinance. Staff said they would reach out to stakeholders and residents who have expressed interested in these changes. Additionally, staff met with some stake holders who wanted to better understand the proposed changes. They expressed concerns about the following: Would this exclude work that is being done on existing infrastructure? o An example is hanging wires on existing poles Does notice only have to go to the adjacent property owners where the work is being done, i.e. the ground is being disturbed? o An example is if fiber is being pushed through existing conduit, does everyone along the route have to be notified, or only the adjacent properties where the work is disturbing the ground. In order to address these concerns, they submitted the following change for consideration to the exemption list: 14.32.036(4)(f): f. The installation of fiber optic cables to existing utility infrastructure, including existing poles, wires or conduit. If this Council is supportive of this change, staff will include in the final draft. The public hearing will be held on February 1, 2022. The following information was provide for the January 11, 2022 work session briefing. It is provided again for background purposes. The Council will be briefed on proposed amendments to City Code requiring permit applicants for construction work in the public right of way to provide notice to property owners whose properties are adjacent to the work that will be performed. The proposed changes were requested in response to numerous constituent inquiries about the lack of notice on certain nearby utility construction projects. Much of the right-of-way work that is performed is governed by State statute and limits the amount of interaction the City has with the work. However, in balancing the work that is performed and the impact to residents, some additional noticing steps are proposed to be added to the ordinance. Originally, the petition was intended to only apply to above-ground work in the public right of way. However, based on a public hearing on January 12, 2021 and a follow-up work session on February 9, 2021, the Council directed staff to work with the Administration to make the following changes to the draft ordinance: Include under-ground work as part of the notification requirements Notification should be provided before obtaining the permit o Proof must be part of the permit application The applicant is responsible to give proof that notice was provided Outline specific requirements that should be included in notice o Purpose of construction, contact info, date of construction, etc. Page | 5 The Administration has forwarded the attached ordinance for the Council to consider. The following table shows where the requested changes are included in the draft ordinance. Please see the legislative draft. Requested Change Page and Line(s) Include underground work as part of the notification requirements Page 4, lines 148-150 Notification should be provided before obtaining the permit. Proof must be part of the permit application Page 4, lines 141-143 The applicant is responsible to give proof that notice was provided Page 4, lines 141-143 Specific requirements that should be included in notice: purpose of construction, contact info, date of construction, etc. Page 5, lines 159-175 During the February 9 public hearing, representatives from Verizon spoke, in addition to submitting a letter outlining their concerns. They stated the current process is efficient and they would prefer to provide notice to property owners after the permit has been received. The new ordinance would require them to provide notice before they obtain a permit. Their concerns are outlined below on pages 3-4. The revised draft has not been distributed for public comment yet. Staff wanted to check in with the Council Members to make sure the updated version meets the Council’s intent. If it does, staff recommends setting a public hearing for February. Staff will then send the revised ordinance to stakeholders for comment. Policy Questions 1. The draft ordinance requires notification for work located below ground and behind the curb to adjacent properties on the same side of the public right of way, while notice for work below ground and in the paved section of the public way will be required for both sides of the public right of way. The Council may wish to ask the administration why this difference is needed. Would it be appropriate to notice both sides of the street, even when work is done behind the curb and gutter? 2. The draft ordinance says the applicant is responsible for delivering the public notice unless otherwise determined by the City Engineer. The Council may wish to ask the Administration what situation are envisioned that the applicant may not be the one responsible for delivering the public notice. Page | 6 The following information was provide for the February 9, 2021 work session briefing. It is provided again for background purposes. PUBLIC HEARING SUMMARY During the public hearing members of the public spoke about the proposed changes and asked some questions, Additionally, a letter from Verizon was submitted pertaining to the proposed change. A few individuals requested the Council require public notice for below ground work as well. Some also said current contractors are not doing a good job of restoring property to the way it was before the work happened. Verizon representatives spoke during the public hearing and also submitted a letter, outlining their concerns. They stated the current process is efficient and they would prefer to provide notice to property owners after the permit has been received. The new ordinance would require them to provide notice before they obtain a permit. Council staff met with staff from CAN and the Attorney’s Office to go over the comments and formulate the following responses. 1. Request to apply the notification requirement to work “below ground” as well. Administrative staff said this is obviously possible, but it will likely require an increase in staff and costs for the city to monitor and / or respond to concerns about projects. The proposed change before the Council would only require public notice to adjacent property owners for above ground work – typically, this type of work is limited to a few properties that are near the above ground poles/facilities. Underground work can go for hundreds of yards (larger/longer projects would be miles). It would take more staff to verify and ensure the public notices were properly provided. Administrative staff have prepared some very preliminary estimates for cost/staffing impact to the City. They will be available during the briefing to respond to questions the Council may have about potential cost of notifying for below ground work. 2. Reponses to Verizon’s Letter Verizon’s request: Allow permit holders to post notice after the permit is obtained. Prefer to submit template with permit application and actual notice is provided 48-72 hours before work commences. Administration response: o CAN staff said the current process has not been working and that is the reason for the proposed changes. The goal is to get the notifications out sooner, so the public is aware of the work before the permit is issued. o The new process would require the permit holder to submit evidence that the notice was provided to adjacent property owners. They then submit that as part of their permit application. The work would typically commence about 2-3 weeks later. Page | 7 Verizon’s request: Clarify type of evidence that is required to demonstrate applicant has satisfied notification requirement. Administration response: o CAN staff said notice such as a door hangar, with timestamped photos is one way to satisfy this requirement. o The goal is to avoid situations where a piece of paper is placed on a doorstep that can easily be blown away. Verizon’s request: Adopt definition of adjacent owner currently in notification process. Administration response: o CAN staff stated this could be clarified. Verizon’s request: Clarify purpose of the notice and what is to be included in the description of the purpose of construction. Administration response: o CAN staff has stated they can help provide examples of the type of language they that should be on the notice. o They can do this to help ensure consistency for all permit holders. Verizon’s request: Clarify definition of above ground work; does it include excavation to run conduit or lay fiber. Administration response: o CAN staff has stated this type of work applies to facilities that are permanently above ground or on poles or anything that would fall under the master license agreement for small cells. o Typically, this type of work would also include trenching for conduit. Verizon’s request: Any other info reasonably required by City engineer is too broad Administration response: o CAN staff stated this is meant to be specific to notice requirements. They can provide some language to clarify that. POLICY QUESTIONS 1. Some Council Members have expressed interest to require more public notice for below ground work. Does the Council want to adopt these proposed changes and also adopt a legislative action asking the Administration to come back with a proposal for increased public outreach for underground work in the public right of way? o This may include identifying options to require contractors to do the outreach and an option for the city to be responsible for providing the public notice 2. The Council may want to ask about the description of information that would be suggested / requested for the notice. For example, location, description, duration of type of work; contact information for the contractor and City, etc.? 3. The Council may wish to ask what the change in the timeline for permit holders would be and how the Administration can notify potential applicants of the changes. Page | 8 The following information was provide for the January 19 public hearing. It is provided again for background purposes. WORK SESSION SUMMARY This item was on the January 12 agenda as a written briefing. Council Members did not raise any concerns or ask staff questions about the proposed changes. The public hearing is scheduled for January 19. The following information was provide for the January 12 work session briefing. It is provided again for background purposes. ISSUE AT-A-GLANCE The Council will be briefed on proposed amendments to City code requiring permit holders to provide notice to property owners whose properties are adjacent to the above groundwork that will be performed in the public way. The proposed changes were requested in response to numerous constituent inquiries about the lack of notice to adjacent property owners. Much of the right-of-way work that is performed is governed by State statute and limits the amount of interaction the City has with the work. However, in balancing the work that is performed and the impact to residents, some additional noticing steps are being added to the ordinance. The key changes would require the franchise holder/applicant to provide the following: Evidence that they provided notice to all property owners whose properties are adjacent to the portion of the public way where the work is being performed. Notice that includes the name of the permit holder performing the construction, the purpose of the construction, and a contact phone number and email for the permit holder. Evidence shall be satisfactory to the City Engineer that all adjacent property owners have received notice. Related text cleanups to match current practice. Since work in the public right of way is overseen by the City’s Engineering Division, they have reviewed the ordinance in collaboration with the Attorney’s Office. Engineering has expressed their support for these proposed changes. Administrative staff have noted the contractor will have to give notice of the construction prior to submitting an application for a permit to Engineering. Once Engineering approves the permit, the contractor may move forward with construction. PUBLIC PROCESS Engineering provided Council Staff a list of the companies who do much of the work in the public right of way. Council staff emailed this group to let them know about the proposed changes, and the dates of the briefing and public hearing. POLICY QUESTIONS 1. For the properties that would be included in the notification, the Council may wish to consider expanding the requirement beyond the proposal of adjacent property owners. Page | 9 2. If the Council has questions about the timing of the when the notice must be given to when the permit is granted, the Council may wish to ask the administration to explain the process for when the notice must be given before receiving the permit for construction. 3. If it would be helpful, the Council may wish to ask the Attorney’s office or Administration representative to provide a quick review on the types of things the City is able to require or request versus items that are monitored or regulated by the State. 4. The Council may also ask Engineering to provide a description of their typical interaction with the permit holders. 5. The Council may wish to raise any other issues that have been raised by constituents. 6. The Council may wish to ask about options to address issues when the noticing requirements are not followed. Lisa Shaffer (Dec 14, 2021 13:14 MST) 12/14/2021 12/14/2021 CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Allison Rowland Budget & Policy Analyst DATE:February 15, 2022 RE: ORDINANCE: SPECIAL EVENT PERMITS OF LESS THAN 31 DAYS ISSUE AT-A-GLANCE The Council will consider a proposal to make identical ordinance changes to two existing sections of City Code. The objective is to extend the maximum length of a special event permit for park use from 20 to 31 days, but only in exceptional cases. These permits would be made available only if the Mayor approves any such special event for a reason identified in writing. Note that although these amendments would affect sections of Code titled the “Sale of Significant Parcels of Real Property” (Section 2.58.040), and “Removal of Lands from the Open Space Lands Inventory” (Section 2.90.070), the proposed amendments would make no changes to the existing processes of sale or removal of open space lands from the City’s inventory. Advantages and disadvantages to this change, as identified by the Public Lands Department include the following: -Park gatherings attract new users, bring regular users back repeatedly and, by increasing positive activity, reduce negative park uses. -Special events can also restrict public use of space, generate trash and litter, stress lawns, and damage park infrastructure. -The mayor would determine if the public benefit of an event is of great enough value to allow for up to a ten-day extension as an exception to the usual process. Goal of the briefing: Review the proposed amendments to City code and consider adopting them. Item Schedule: Briefing: March 1, 2022 Set Date: March 1, 2022 Public Hearing: n/a Potential Action: March 22, 2022 Page | 2 POLICY QUESTIONS Council staff note: Responses were requested from the Administration and the Attorney’s Office on the following questions. If these are not available before the time of the briefing, Council Members may wish to ask them then. 1. The transmittal mentions that this ordinance change would also extend the length of special event permits for other City-owned properties. a. What kinds of properties would this potentially affect, and in what ways? For example, could filming for movies or other productions on City-owned properties (like the City-County Building or in the Foothill Trails Open Space) extend 31 days? b. Must those 31 days be consecutive, or could they be strung out over several months? c. Is there a renewal process if a permit-holder would like to extend the time granted? 2.What would be the process for the Council and the public to be informed of a Mayor’s decision? What would be the recourse should there be concerns about a Mayor’s rationale for extending a special event permit to 31 days? PUBLIC LANDS DEPARTMENT 1965 W 500 S SALT LAKE CITY, UT 84104 www.slc.gov/parks/ PHONE 801-972-7800 FAX 801-972-7847 ERIN MENDENHALL Mayor CITY COUNCIL TRANSMITTAL Date Received: Lisa Shaffer, Chief Administrative Officer Date sent to Council: TO: Salt Lake City Council DATE: February 1, 2022 Dan Dugan, Chair FROM: Kristin Riker, Director, Public Lands SUBJECT: Ordinance Amendment – Section 2.58.040 and Section 2.90.070 STAFF CONTACTS: Kristin Riker, Director, Public Lands Department kristin.riker@slcgov.com; Boyd Ferguson, Attorney, boyd.ferguson@slcgov.com DOCUMENT TYPE: Ordinance Amendment RECOMMENDATION: Amend Ordinance BUDGET IMPACT: $0.00 OVERVIEW: Salt Lake City Public Lands is requesting identical ordinance amendments to City Code Section 2.58.040, relating to the sale of significant parcels of real property, and Section 2.90.070, relating to the removal of lands from the open space lands inventory. Proposed changes to these two ordinances would allow special events lasting less than 31 days to occur on City property with the approval of the Mayor for a reason identified by the Mayor in writing. Most requests for special event permits are for events in City parks, but special events are also frequently held on other City-owned property. The proposed ordinance amendments will apply both to parks and to those other City-owned properties, but this transmittal will focus on parks, though many of its concepts also apply more broadly. Special events are a wonderful way to bring together people of all cultures, backgrounds, and income levels - local residents as well as visitors. Park gatherings attract new users, bring regular users back repeatedly and, by increasing positive activity, reduce negative park uses. Although special events bring many benefits to our park visitors and the residents of Salt Lake City, they can also restrict public use of space, generate trash and litter, stress lawns, and damage park infrastructure. The ordinance helps protect our public spaces and the access to those spaces. It allows for only the Mayor to determine if the public benefit of an event is of great enough value to allow for up to a ten day extension. A park’s programming should strike a balance between the benefits provided by Lisa Shaffer (Feb 3, 2022 12:51 MST) 02/03/2022 02/03/2022 PUBLIC LANDS DEPARTMENT 1965 W 500 S SALT LAKE CITY, UT 84104 www.slc.gov/parks/ PHONE 801-972-7800 FAX 801-972-7847 ERIN MENDENHALL Mayor special events and the long-term sustainability of the park. An example may be when the event brings national or international visitors, attention, and economic value to Salt Lake City. In the past five years, Salt Lake City received a minimal number of requests (approximately 10) to allow a special event to occur longer than the current allowed 20 days. Notes: Individuals who are available to present to City Council at Work Session: - Ryen Schlegel, Special Events Permit Manager - Kristin Riker, Director, Department of Public Lands ATTACHMENTS: A. Red Lined Ordinance Section 2.58.040 and Section 2.90.070 B. Clean Ordinance Section 2.58.040 and Section 2.90.070 ATTACHMENT A Red Lined Ordinance Section 2.58.040 and Section 2.90.070 1 1 2 SALT LAKE CITY ORDINANCE 3 No. of 2022 4 5 (Sale of significant parcels of real property and removal of lands from the open space lands 6 inventory) 7 8 An ordinance amending Section 2.58.040 of the Salt Lake City Code, relating to the sale 9 of significant parcels of real property, and Section 2.90.070 of the Salt Lake City Code, relating 10 to the removal of lands from the open space lands inventory. 11 WHEREAS, the city desires to make certain changes relating to an exemption, for certain 12 special events, from the mandatory procedures of those sections; and 13 WHEREAS, the City Council of Salt Lake City, Utah, desires to amend Section 2.58.040 14 and Section 2.90.070 of the Salt Lake City Code, relating to such changes. 15 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah that: 16 SECTION 1. Section 2.58.040 of the Salt Lake City Code, relating to the sale of 17 significant parcels of real property, is amended as follows: 18 2.58.040: SALE OF SIGNIFICANT PARCELS OF REAL PROPERTY; NOTICE AND 19 HEARING: 20 21 A. A significant parcel of real property owned by the City or any significant legal interest 22 therein shall not be sold, traded, leased or otherwise conveyed or encumbered until the City has 23 provided reasonable notice to all interested parties and held at least one public hearing on the 24 proposed conveyance as set forth herein. 25 B. Reasonable notice of the proposed conveyance shall include the following: 26 1. Notice of the proposed conveyance shall be mailed to all abutting property owners. 27 2. Notice of the proposed conveyance shall be delivered to the Office of the City Council, 28 posted in the Office of the City Recorder, delivered to a local media representative, and posted 2 29 on the City's website. 30 C. No significant parcel of City owned real property identified in section 2.58.035, including 31 table 2.58.035C, of this chapter may be conveyed until after a public hearing has been held 32 before one or more of the following as may be applicable: the Planning Commission, the Airport 33 Board, the Public Utilities Advisory Committee, the Golf Enterprise Fund Advisory Board, or 34 the Parks, Natural Lands, Trails, and Urban Forestry Advisory Board. 35 D. In addition to the public hearing required above, the City Council may also request a 36 public hearing before the conveyance of the property. Any request for a hearing before the City 37 Council must be delivered to the Office of the Mayor no less than fifteen (15) days after delivery 38 of the notice to the Office of the City Council pursuant to subsection B2 of this section. If no 39 request for a hearing is made within that time period, the City Council shall be deemed to have 40 waived any right to request a hearing. 41 If a written call for hearing has been made by the City Council, the Mayor or his or her designee 42 shall attend the hearing to hear and consider comments upon proposals to convey the property 43 specified in the notice. The hearing shall take place before, after or in conjunction with a 44 regularly scheduled City Council meeting, as determined by the Mayor. 45 E. Any notice of a proposed conveyance of a significant parcel of City owned real property 46 shall specify the following: 47 1. A description of the property to be conveyed or encumbered; 48 2. The nature of the proposed conveyance or encumbrance, whether the property is to be 49 sold, traded or encumbered, including the nature of the conveyance if the property is to be sold, 50 or if a trade or lease of property is contemplated, a brief summary of the proposed transaction; 51 3. Persons to whom interests are to be conveyed; 3 52 4. Any consideration tendered; 53 5. The name of the person, department or entity requesting such action; 54 6. The basis upon which the value of the interest has been determined by the City; 55 7. The date, time and location of the public hearing to be held before the Planning 56 Commission, Airport Board, Public Utilities Advisory Committee, Golf Enterprise Fund 57 Advisory Board, or Parks, Natural Lands, Trails, and Urban Forestry Advisory Board, as 58 applicable. The notice shall further state that interested persons may appear and comment upon 59 the proposal. 60 F. The conveyance or encumbrance of a significant parcel of real property of the City may be 61 finalized: 62 1. By the Mayor, at his/her discretion following notice and any public hearings required by 63 this section; or 64 2. By the Mayor, if the transfer is revocable and the Mayor has determined that an 65 unanticipated combination of facts and conditions of pressing necessity has emerged that 66 requires that action be taken before a City Council hearing. Such conditions shall not be deemed 67 to arise unless it appears that delay from the notice or a City Council hearing would produce: 68 a. Great or irreparable injury to persons seeking the conveyance or encumbrance, with 69 negligible impact upon City interests; 70 b. Serious detriment to the social or economic interest of the community as whole; or 71 3. Substantial economic loss to the City. 72 G. Any decision by the Mayor to forego the City Council hearing provisions of this section 73 shall be made in writing to the City Council, stating the specific reasons upon which the decision 74 was based. 4 75 H. The following shall be exempt from the mandatory procedures of this section: 76 1. The leasing of existing buildings, infrastructure, or facilities; 77 2. Special events lasting (a) less than twenty-one (21) days or (b), with the approval of the 78 Mayor for a reason identified by the Mayor in writing, less than thirty-one (31) days; 79 3. The leasing of recreation areas in accordance with their intended use; 80 4. The selling of burial rights in the Salt Lake City Cemetery; and 81 5. The granting of easements or other rights that service the property, including grants in 82 connection with utilities or safety equipment such as traffic signal poles. Any such easement or 83 use right must be primarily for the benefit of the City. With respect to open space land under 84 chapter 2.90 of this title, such easement or use right may be granted only with the approval of the 85 City's Open Space Lands Manager. 86 SECTION 2. Section 2.90.070 of the Salt Lake City Code, relating to the removal of 87 lands from the open space lands inventory, is amended as follows: 88 2.90.070: REMOVAL OF LANDS FROM THE OPEN SPACE LANDS INVENTORY: 89 90 A. Open space lands, conservation easements or other interests in open space land placed in the 91 open space lands inventory shall remain in the inventory in perpetuity unless: 1) they are 92 transferred to a qualified public or nonprofit land conservation entity; or 2) a sale, conversion 93 from undeveloped open space land to developed open space land, exchange, or other transfer of 94 the land, conservation easement or other interest in land is approved by the mayor, subsequent to 95 the following mandatory procedures: 96 1. Any proposal to sell or transfer open space land must be in writing, signed by the mayor, 97 and must include a description of the land to be sold or transferred, the purpose of the proposed 98 sale or transfer, the proposed purchaser of the land, the amount of the proposed purchase price, 5 4 99 the anticipated future use of the land, any anticipated change in zoning that would be required to 100 implement that proposed future use, and a statement by the mayor explaining why the proposed 101 sale or transfer of the open space land is in the best interest of the city. 102 2. Holding a public hearing before the mayor and the city council. 103 3. Providing notice of the proposed sale or transfer and the public hearing by: 104 a. Publication of a notice for two (2) successive weeks, beginning at least thirty (30) days 105 in advance of the hearing, in a newspaper of general circulation in the city, no less than one- 106 fourth (1/ ) page in size, with type no smaller than 18-point, surrounded by a one-fourth inch 107 (1/4") border, in a portion of the newspaper other than where the legal notices and classified 108 advertisements appear, containing the information set forth in the form below; 109 b. Posting two (2) signs measuring at least two feet by three feet (2' x 3') each, on the land 110 proposed for sale or transfer at least thirty (30) days in advance of the hearing, containing the 111 information set forth in the form below; and 112 c. Mailing notice, at least thirty (30) days in advance of the hearing, to all property owners 113 of record within one thousand feet (1,000') of the land proposed for sale or transfer, containing 114 the information set forth in the form below. 115 d. Any notice published, posted or mailed pursuant to this section shall state substantially 116 as follows: 117 NOTICE OF PROPOSED SALE OR TRANSFER OF PUBLICLY OWNED OPEN SPACE 118 LAND 119 The Mayor of Salt Lake City is proposing to sell or transfer certain Open Space Lands 120 owned by Salt Lake City located at [street location] for $[proposed amount of sale] to [proposed 121 buyer] for future use as [proposed future use]. 6 122 A public hearing on this proposal will be held before the Mayor and the City Council on 123 [date of hearing] at the Salt Lake City & County Building, 451 South State Street, room 315, Salt 124 Lake City, Utah, at [time of hearing] p.m. 125 Any individual wishing to address this proposal is invited to attend and to express their 126 views to the Mayor and the City Council at that hearing. 127 4. Following the public hearing, the city council may elect to conduct an advisory vote as to 128 the proposed sale or transfer of the open space land. 129 5. No sale or transfer of open space land may occur until at least six (6) months after the 130 conclusion of the public hearing in order to provide an opportunity to explore other alternatives 131 to the proposed sale or transfer of the open space land. 132 B. Any open space lands, conservation easements or other interests in open space land: 1) 133 acquired by the city in partnership with other entities, units of government, or other parties; or 2) 134 received by donation, bequest, devise, or dedication, may only be authorized for sale, conversion 135 from undeveloped open space land to developed open space land, exchange or other transfer if 136 such action is allowed for in the instrument under which the open space land, conservation 137 easement or other interest in open space land was conveyed to, or acquired by, the city. 138 C. The following shall be exempt from the mandatory procedures of this section: 139 1. The leasing of existing buildings, infrastructure, or facilities; 140 2. Special events lasting (a) less than twenty-one (21) days or (b), with the approval of the 141 mayor for a reason identified by the mayor in writing, less than thirty-one (31) days; 142 3. The leasing of recreation areas in accordance with their intended use; 143 4. The selling of burial rights in the Salt Lake City Cemetery. 7 144 5. The granting of easements or other rights that service the property, including grants in 145 connection with utilities or safety equipment such as traffic signal poles. Any such easement or 146 use right must be primarily for the benefit of the city. With respect to open space land under this 147 chapter, such easement or use right may be granted only with the approval of the city's open 148 space lands manager. 149 SECTION 3. This ordinance shall take effect immediately after it has been published or 150 posted in accordance with Utah Code section 10-3-711 and recorded in accordance with Utah 151 Code section 10-3-713. 152 Passed by the City Council of Salt Lake City, Utah, this day of , 153 2022. 154 155 156 157 ATTEST AND COUNTERSIGN: CHAIRPERSON 158 159 CITY RECORDER 160 161 Transmitted to Mayor on . 162 163 Mayor’s Action: Approved. _ Vetoed. 164 165 166 167 168 169 170 MAYOR 171 172 CITY RECORDER 173 174 175 (SEAL) 176 177 178 Bill No. of 2022. 179 Published: . Salt Lake City Attorney’s Office Approved As To Form By: Boyd Ferguson Date: 8 180 181 182 183 Clean Ordinance Section 2.58.040 and Section 2.90.070 ATTACHMENT B 1 1 2 SALT LAKE CITY ORDINANCE 3 No. of 2022 4 5 (Sale of significant parcels of real property and removal of lands from the open space lands 6 inventory) 7 8 An ordinance amending Section 2.58.040 of the Salt Lake City Code, relating to the sale 9 of significant parcels of real property, and Section 2.90.070 of the Salt Lake City Code, relating 10 to the removal of lands from the open space lands inventory. 11 WHEREAS, the city desires to make certain changes relating to an exemption, for certain 12 special events, from the mandatory procedures of those sections; and 13 WHEREAS, the City Council of Salt Lake City, Utah, desires to amend Section 2.58.040 14 and Section 2.90.070 of the Salt Lake City Code, relating to such changes. 15 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah that: 16 SECTION 1. Section 2.58.040 of the Salt Lake City Code, relating to the sale of 17 significant parcels of real property, is amended as follows: 18 2.58.040: SALE OF SIGNIFICANT PARCELS OF REAL PROPERTY; NOTICE AND 19 HEARING: 20 21 A. A significant parcel of real property owned by the City or any significant legal interest 22 therein shall not be sold, traded, leased or otherwise conveyed or encumbered until the City has 23 provided reasonable notice to all interested parties and held at least one public hearing on the 24 proposed conveyance as set forth herein. 25 B. Reasonable notice of the proposed conveyance shall include the following: 26 1. Notice of the proposed conveyance shall be mailed to all abutting property owners. 27 2. Notice of the proposed conveyance shall be delivered to the Office of the City Council, 28 posted in the Office of the City Recorder, delivered to a local media representative, and posted 2 29 on the City's website. 30 C. No significant parcel of City owned real property identified in section 2.58.035, including 31 table 2.58.035C, of this chapter may be conveyed until after a public hearing has been held 32 before one or more of the following as may be applicable: the Planning Commission, the Airport 33 Board, the Public Utilities Advisory Committee, the Golf Enterprise Fund Advisory Board, or 34 the Parks, Natural Lands, Trails, and Urban Forestry Advisory Board. 35 D. In addition to the public hearing required above, the City Council may also request a 36 public hearing before the conveyance of the property. Any request for a hearing before the City 37 Council must be delivered to the Office of the Mayor no less than fifteen (15) days after delivery 38 of the notice to the Office of the City Council pursuant to subsection B2 of this section. If no 39 request for a hearing is made within that time period, the City Council shall be deemed to have 40 waived any right to request a hearing. 41 If a written call for hearing has been made by the City Council, the Mayor or his or her designee 42 shall attend the hearing to hear and consider comments upon proposals to convey the property 43 specified in the notice. The hearing shall take place before, after or in conjunction with a 44 regularly scheduled City Council meeting, as determined by the Mayor. 45 E. Any notice of a proposed conveyance of a significant parcel of City owned real property 46 shall specify the following: 47 1. A description of the property to be conveyed or encumbered; 48 2. The nature of the proposed conveyance or encumbrance, whether the property is to be 49 sold, traded or encumbered, including the nature of the conveyance if the property is to be sold, 50 or if a trade or lease of property is contemplated, a brief summary of the proposed transaction; 51 3. Persons to whom interests are to be conveyed; 3 52 4. Any consideration tendered; 53 5. The name of the person, department or entity requesting such action; 54 6. The basis upon which the value of the interest has been determined by the City; 55 7. The date, time and location of the public hearing to be held before the Planning 56 Commission, Airport Board, Public Utilities Advisory Committee, Golf Enterprise Fund 57 Advisory Board, or Parks, Natural Lands, Trails, and Urban Forestry Advisory Board, as 58 applicable. The notice shall further state that interested persons may appear and comment upon 59 the proposal. 60 F. The conveyance or encumbrance of a significant parcel of real property of the City may be 61 finalized: 62 1. By the Mayor, at his/her discretion following notice and any public hearings required by 63 this section; or 64 2. By the Mayor, if the transfer is revocable and the Mayor has determined that an 65 unanticipated combination of facts and conditions of pressing necessity has emerged that 66 requires that action be taken before a City Council hearing. Such conditions shall not be deemed 67 to arise unless it appears that delay from the notice or a City Council hearing would produce: 68 a. Great or irreparable injury to persons seeking the conveyance or encumbrance, with 69 negligible impact upon City interests; 70 b. Serious detriment to the social or economic interest of the community as whole; or 71 3. Substantial economic loss to the City. 72 G. Any decision by the Mayor to forego the City Council hearing provisions of this section 73 shall be made in writing to the City Council, stating the specific reasons upon which the decision 74 was based. 4 75 H. The following shall be exempt from the mandatory procedures of this section: 76 1. The leasing of existing buildings, infrastructure, or facilities; 77 2. Special events lasting (a) less than twenty-one (21) days or (b), with the approval of the 78 Mayor for a reason identified by the Mayor in writing, less than thirty-one (31) days; 79 3. The leasing of recreation areas in accordance with their intended use; 80 4. The selling of burial rights in the Salt Lake City Cemetery; and 81 5. The granting of easements or other rights that service the property, including grants in 82 connection with utilities or safety equipment such as traffic signal poles. Any such easement or 83 use right must be primarily for the benefit of the City. With respect to open space land under 84 chapter 2.90 of this title, such easement or use right may be granted only with the approval of the 85 City's Open Space Lands Manager. 86 SECTION 2. Section 2.90.070 of the Salt Lake City Code, relating to the removal of 87 lands from the open space lands inventory, is amended as follows: 88 2.90.070: REMOVAL OF LANDS FROM THE OPEN SPACE LANDS INVENTORY: 89 90 A. Open space lands, conservation easements or other interests in open space land placed in the 91 open space lands inventory shall remain in the inventory in perpetuity unless: 1) they are 92 transferred to a qualified public or nonprofit land conservation entity; or 2) a sale, conversion 93 from undeveloped open space land to developed open space land, exchange, or other transfer of 94 the land, conservation easement or other interest in land is approved by the mayor, subsequent to 95 the following mandatory procedures: 96 1. Any proposal to sell or transfer open space land must be in writing, signed by the mayor, 97 and must include a description of the land to be sold or transferred, the purpose of the proposed 98 sale or transfer, the proposed purchaser of the land, the amount of the proposed purchase price, 5 99 the anticipated future use of the land, any anticipated change in zoning that would be required to 100 implement that proposed future use, and a statement by the mayor explaining why the proposed 101 sale or transfer of the open space land is in the best interest of the city. 102 2. Holding a public hearing before the mayor and the city council. 103 3. Providing notice of the proposed sale or transfer and the public hearing by: 104 a. Publication of a notice for two (2) successive weeks, beginning at least thirty (30) days 105 in advance of the hearing, in a newspaper of general circulation in the city, no less than one- 106 fourth (1/4) page in size, with type no smaller than 18-point, surrounded by a one-fourth inch 107 (1/4") border, in a portion of the newspaper other than where the legal notices and classified 108 advertisements appear, containing the information set forth in the form below; 109 b. Posting two (2) signs measuring at least two feet by three feet (2' x 3') each, on the land 110 proposed for sale or transfer at least thirty (30) days in advance of the hearing, containing the 111 information set forth in the form below; and 112 c. Mailing notice, at least thirty (30) days in advance of the hearing, to all property owners 113 of record within one thousand feet (1,000') of the land proposed for sale or transfer, containing 114 the information set forth in the form below. 115 d. Any notice published, posted or mailed pursuant to this section shall state substantially 116 as follows: 117 NOTICE OF PROPOSED SALE OR TRANSFER OF PUBLICLY OWNED OPEN SPACE 118 LAND 119 The Mayor of Salt Lake City is proposing to sell or transfer certain Open Space Lands 120 owned by Salt Lake City located at [street location] for $[proposed amount of sale] to [proposed 121 buyer] for future use as [proposed future use]. 6 122 A public hearing on this proposal will be held before the Mayor and the City Council on 123 [date of hearing] at the Salt Lake City & County Building, 451 South State Street, room 315, Salt 124 Lake City, Utah, at [time of hearing] p.m. 125 Any individual wishing to address this proposal is invited to attend and to express their 126 views to the Mayor and the City Council at that hearing. 127 4. Following the public hearing, the city council may elect to conduct an advisory vote as to 128 the proposed sale or transfer of the open space land. 129 5. No sale or transfer of open space land may occur until at least six (6) months after the 130 conclusion of the public hearing in order to provide an opportunity to explore other alternatives 131 to the proposed sale or transfer of the open space land. 132 B. Any open space lands, conservation easements or other interests in open space land: 1) 133 acquired by the city in partnership with other entities, units of government, or other parties; or 2) 134 received by donation, bequest, devise, or dedication, may only be authorized for sale, conversion 135 from undeveloped open space land to developed open space land, exchange or other transfer if 136 such action is allowed for in the instrument under which the open space land, conservation 137 easement or other interest in open space land was conveyed to, or acquired by, the city. 138 C. The following shall be exempt from the mandatory procedures of this section: 139 1. The leasing of existing buildings, infrastructure, or facilities; 140 2. Special events lasting (a) less than twenty-one (21) days or (b), with the approval of the 141 mayor for a reason identified by the mayor in writing, less than thirty-one (31) days; 142 3. The leasing of recreation areas in accordance with their intended use; 143 4. The selling of burial rights in the Salt Lake City Cemetery. 7 144 5. The granting of easements or other rights that service the property, including grants in 145 connection with utilities or safety equipment such as traffic signal poles. Any such easement or 146 use right must be primarily for the benefit of the city. With respect to open space land under this 147 chapter, such easement or use right may be granted only with the approval of the city's open 148 space lands manager. 149 SECTION 3. This ordinance shall take effect immediately after it has been published or 150 posted in accordance with Utah Code section 10-3-711 and recorded in accordance with Utah 151 Code section 10-3-713. 152 Passed by the City Council of Salt Lake City, Utah, this day of , 153 2022. 154 155 156 157 ATTEST AND COUNTERSIGN: CHAIRPERSON 158 159 CITY RECORDER 160 161 Transmitted to Mayor on . 162 163 Mayor’s Action: Approved. _ Vetoed. 164 165 166 167 168 169 170 MAYOR 171 172 CITY RECORDER 173 174 175 (SEAL) 176 177 178 Bill No. of 2022. 179 Published: . Salt Lake City Attorney’s Office Approved As To Form By: Boyd Ferguson Date: 2-1-22 8 180 181 182 183 Hello Council Members, An item entitled Amendment to Rename the Housing and Neighborhood Development Division (HAND) as the Housing Stability Division is scheduled to appear on the March 1 agenda. There will not be a staff report, since this is a straightforward change. Still, during the review of the relevant amendment, staff did notice three potential policy questions related to existing language in these sections of City Code that may be worth the Council’s consideration. This will be a written-only item, but during the Council Work Session, Council Members might wish to discuss one or more of the following items: A.Salt Lake City Code Section 4, Chapter 2.80 defines the Housing Trust Fund Advisory Board (HTFAB), and outlines it powers and duties. With the proposed amendment, these would remain the same as they have been since 2013, with only the title of the Division changing. Considering that the Council has enacted significant changes in the roles and responsibilities of the HTFAB since 2017, when it began the process of shifting responsibility for housing development to the Redevelopment Agency (RDA), Would the Council like to schedule an opportunity for the Administration to provide an update on its plans for the future of the HTFAB? Currently, the code defines the HTFAB’s powers and duties as the following: “[To s]erve as a coordination body and resource for organizations interested in affordable and special needs housing issues affecting the city including, but not limited to, the housing authority of Salt Lake City, the Salt Lake City redevelopment agency, the housing stability [housing and neighborhood development] division, and other city departments as appropriate, as well as nonprofit and for profit housing developers. (Ord. 67-13, 2013)” B.Salt Lake City Code Section 4, Chapter 2.80 also describes a process of annual reporting on the Division’s work. Would the Council like to request that the Administration begin to institutionalize this process for future years? The relevant sections of Code are reproduced below. “2. An annual report shall be prepared by the board and housing stability [HAND] which shall contain information concerning the implementation of this chapter. The report shall include, but is not limited to, information regarding the location and numbers of units developed or preserved, the numbers and incomes of households served, and detailing the income to and assets in the fund, and the expenditures and uses of fund monies and assets. 3. The annual report shall include the board's and housing stability’s [HAND's] assessment of housing needs in the city, barriers to affordable and special needs housing development and reservation, and barriers to the implementation of this chapter. 4. The annual report shall be submitted to the mayor and the council for review by March 31 of each calendar year.” C.Salt Lake City Code Section 5, Chapter 18.99, indicates that a non-profit corporation appointed by the Division should administer a Housing Relocation Assistance Program for the City. Given that this program is not known to have existed under previous Administrations, Would the Council like to request the consultants who are currently working on the City’s Thriving in Place (gentrification and displacement) study also recommend whether and how this section of code could be modified? “NONCITY AGENCY RESPONSIBLE FOR PROGRAM: The housing stability [housing and neighborhood development] division of the city shall annually designate the agency to administer the program and shall review annually all relocation assistance amounts provided pursuant to the program.” ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005 CITY COUNCIL TRANSMITTAL Date Received: Lisa Shaffer, Chief Administrative Office Date sent to Council: TO: Salt Lake City Council DATE: February 16, 2022 Dan Dugan, Chair FROM: Blake Thomas, Director, Department of Community and Neighborhoods (CAN) SUBJECT: Ordinance adopting the amendment to rename the Housing and Neighborhood Development Division (HAND) as the Housing Stability Division. The Directors of Community and Neighborhoods (CAN) Department and Housing and Neighborhood Development Division (HAND) have decided to rename the Housing Stability Division to better reflect the mission of the division. The proposal to change the name of the division was included in the Fiscal Year 2021-22 budget. STAFF CONTACT: Tony Milner, Director, Housing Stability Division 801-535-6168, tony.milner@slcgov.com Heather Royall, Deputy Director, Housing Stability Division 385-977-0935, heather.royall@slcgov.com DOCUMENT TYPE: Ordinance RECOMMENDATION: Approve the included ordinance to rename the Housing and Neighborhood Development (HAND) Division to the Housing Stability Division. BUDGET IMPACT: No impact to City General Fund. BACKGROUND/DISCUSSION: On May 18, 2021, Blake Thomas, Director of Community and Neighborhoods informed Council of the Administration’s direction to rename the Housing and Neighborhood Development (HAND) Division to the Housing Stability Division – CAN Budget Briefing, Future Vision: Nimble and Adaptive, Division of Housing Stability; Rebrand HAND to focus on community stabilization, assisting residents at risk of involuntary displacement, providing support services for individuals experiencing homelessness, preservation of naturally occurring affordable Lisa Shaffer (Feb 18, 2022 11:49 MST) 02/18/2022 02/18/2022 housing, and administration of federal programs. Following the Council briefing there was no discussion or questions regarding this rename. PUBLIC PROCESS: The public process was sustained in the Council’s public process for the FY 2021-22 budget review and approval. EXHIBIT: A. Ordinance Amendment to rename the Housing and Neighborhood Development Division as the Housing Stability Division EXHIBIT A SALT LAKE CITY ORDINANCE No. _____ of 2021 (Amendment to rename the Housing and Neighborhood Development Division as the Housing Stability Division) An ordinance amending Title 2 of the Salt Lake City Code pertaining the name of the Housing and Neighborhood Development division. WHEREAS, the Directors of Community and Neighborhoods and Housing and Neighborhood Development have decided to rename the division as Housing Stability to better reflect the mission of the division; and WHEREAS, the proposal to change the name of the division was included in the Fiscal Year 2021-22 budget; and WHEREAS, the City Council now desires to amend this the City Code; and WHEREAS, the City Council finds that this ordinance is in the best interest of the public. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Amending the Text of Salt Lake City Code Title 2. That the index of Title 2 of the Salt Lake City Code (Administration and Personnel) shall be and hereby is amended as follows: Title 2: Housing Stability 2.61 SECTION 2. Amending the Text of Salt Lake City Code Section 2.33.090. That Section 2.33.090 of the Salt Lake City Code (Community Development and Capital Improvement Programs and Advisory Board, Responsibilities) shall be and hereby is amended as follows: 2.33.080: RESPONSIBILITIES: The board shall have the following responsibilities: A. To serve solely in an advisory role on decisions relating to the city's community development grants and capital improvement programs; 2    B. To coordinate with the housing stability division of the city on review and evaluation of current strategic plans, goals and policies of the community development and capital improvement programs; C. To review all eligible annual project proposals submitted by various individuals, neighborhood groups, community organizations and city departments, and make recommendations to the mayor on such request for funds; D. To discuss program and project monitoring information prepared by the city to ensure that the projects are implemented as planned; E. To assure that the community development grants and capital improvement program goals are consistent with the strategic plans and goals of the city; F. To evaluate the overall effectiveness of the community development and capital improvement program activities; G. To be responsible for establishing and maintaining communications with the Salt Lake City community councils. SECTION 3. Amending the Text of Salt Lake City Code Chapter 2.61. That Chapter 2.61 of the Salt Lake City Code (Housing and Neighborhood Development) shall be and hereby is amended as follows: Chapter 2.61 HOUSING STABILITY 2.61.010: PURPOSE: The division of housing stability works to preserve the existing housing stock in Salt Lake City neighborhoods and to also provide decent and safe affordable housing for owners of existing houses and for first time homebuyers who fall within the low and moderate income guidelines established by the United States department of housing and urban development. 2.61.020: ADOPTION OF POLICIES AND PROCEDURES: The director of the division of housing stability may adopt policies and procedures, approved by the mayor, that advance the purposes and proper functioning of the division. Such policies and procedures shall not be in conflict with this chapter or other law. 2.61.030: FEES: The director of the division of housing stability, with approval of the mayor, shall propose to the city council fees that correspond to services the division performs for members of the public. The proposed fees shall not exceed the costs the city incurs in performing the corresponding services. The city council may consider including such fees on the Salt Lake City consolidated fee schedule. SECTION 4. Amending the Text of Salt Lake City Code Chapter 2.80. That Chapter 2.80 of the Salt Lake City Code (Housing Trust Fund Advisory Board) shall be and hereby is amended as follows: 3    2.80.030: DEFINITIONS HOUSING STABILITY: The division of housing stability, or its successor. 2.80.080: POWERS AND DUTIES H. The board and housing stability shall review and monitor the activities of recipients of grants and loans issued under this chapter on an annual basis, or more often as may be deemed necessary, to ensure compliance with the terms and conditions imposed on the recipient by the mayor and the council under this chapter and under any and all instruments and documents entered into between the city and the recipient pursuant to this chapter. 1. Entities receiving grants or loans shall provide to the board and housing stability an annual accounting of how the monies or assets received from the fund have been used. 2. An annual report shall be prepared by the board and housing stability which shall contain information concerning the implementation of this chapter. The report shall include, but is not limited to, information regarding the location and numbers of units developed or preserved, the numbers and incomes of households served, and detailing the income to and assets in the fund, and the expenditures and uses of fund monies and assets. 3. The annual report shall include the board's and housing stability’s assessment of housing needs in the city, barriers to affordable and special needs housing development and reservation, and barriers to the implementation of this chapter. 4. The annual report shall be submitted to the mayor and the council for review by March 31 of each calendar year. 5. Appropriations by the council to the fund shall be considered as part of the budget process. I. Serve as a coordination body and resource for organizations interested in affordable and special needs housing issues affecting the city including, but not limited to, the housing authority of Salt Lake City, the Salt Lake City redevelopment agency, the housing stability division, and other city departments as appropriate, as well as nonprofit and for profit housing developers. SECTION 5. Amending the Text of Salt Lake City Code Chapter 18.99. That Chapter 18.99 of the Salt Lake City Code (Housing Relocation Assistance Program) shall be and hereby is amended as follows: 18.99.020: DEFINITIONS: AGENCY: A nonprofit corporation appointed by the housing stability division of the city to administer the program. 18.99.030: NONCITY AGENCY RESPONSIBLE FOR PROGRAM: A. The housing stability division of the city shall annually designate the agency to administer the program and shall review annually all relocation assistance amounts provided pursuant to the program. SECTION 6. Effective Date. This ordinance shall become effective on the date of its passage. 4    Passed by the City Council of Salt Lake City, Utah, this ____ day of _________, 2021. ______________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2021. Published: ______________. Approved As To Form Salt Lake City Attorney’s Office By: _________________________ Kimberly K. Chytraus Date: ______________________ January 21, 2021 LEGISLATIVE DRAFT SALT LAKE CITY ORDINANCE 1  No. _____ of 2021 2  (Amendment to rename the Housing and Neighborhood Development Division 3  as the Housing Stability Division) 4  An ordinance amending Title 2 of the Salt Lake City Code pertaining the name of the 5  Housing and Neighborhood Development division. 6  WHEREAS, the Directors of Community and Neighborhoods and Housing and 7  Neighborhood Development have decided to rename the division as Housing Stability to better 8  reflect the mission of the division; and 9  WHEREAS, the proposal to change the name of the division was included in the Fiscal 10  Year 2021-22 budget; and 11  WHEREAS, the City Council now desires to amend this the City Code; and 12  WHEREAS, the City Council finds that this ordinance is in the best interest of the public. 13  NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 14  SECTION 1. Amending the Text of Salt Lake City Code Title 2. That the index of Title 2 of the Salt 15  Lake City Code (Administration and Personnel) shall be and hereby is amended as follows: 16  Title 2: 17  Housing Stability Housing And Neighborhood Development 2.61 18  19  SECTION 2. Amending the Text of Salt Lake City Code Section 2.33.090. That Section 2.33.090 of 20  the Salt Lake City Code (Community Development and Capital Improvement Programs and Advisory Board, 21  Responsibilities) shall be and hereby is amended as follows: 22  2.33.080: RESPONSIBILITIES: 23  The board shall have the following responsibilities: 24  A. To serve solely in an advisory role on decisions relating to the city's community development 25  grants and capital improvement programs; 26  2    B. To coordinate with the housing stability housing and neighborhood development division of the 27  city on review and evaluation of current strategic plans, goals and policies of the community development and 28  capital improvement programs; 29  C. To review all eligible annual project proposals submitted by various individuals, neighborhood 30  groups, community organizations and city departments, and make recommendations to the mayor on such 31  request for funds; 32  D. To discuss program and project monitoring information prepared by the city to ensure that the 33  projects are implemented as planned; 34  E. To assure that the community development grants and capital improvement program goals are 35  consistent with the strategic plans and goals of the city; 36  F. To evaluate the overall effectiveness of the community development and capital improvement 37  program activities; 38  G. To be responsible for establishing and maintaining communications with the Salt Lake City 39  community councils. (Ord. 67-13, 2013) 40  41  SECTION 3. Amending the Text of Salt Lake City Code Chapter 2.61. That Chapter 2.61 of the Salt 42  Lake City Code (Housing and Neighborhood Development) shall be and hereby is amended as follows: 43  Chapter 2.61 44  HOUSING AND NEIGHBORHOOD DEVELOPMENTHOUSING STABILITY 45  2.61.010: PURPOSE: 46  The division of housing stability housing and neighborhood development works to preserve the 47  existing housing stock in Salt Lake City neighborhoods and to also provide decent and safe affordable 48  housing for owners of existing houses and for first time homebuyers who fall within the low and moderate 49  income guidelines established by the United States department of housing and urban development. (Ord. 41-50  16, 2016) 51  2.61.020: ADOPTION OF POLICIES AND PROCEDURES: 52  The director of the division of housing stability housing and neighborhood development may adopt 53  policies and procedures, approved by the mayor, that advance the purposes and proper functioning of the 54  division. Such policies and procedures shall not be in conflict with this chapter or other law. (Ord. 41-16, 55  2016) 56  2.61.030: FEES: 57  The director of the division of housing stabilityhousing and neighborhood development, with 58  approval of the mayor, shall propose to the city council fees that correspond to services the division performs 59  for members of the public. The proposed fees shall not exceed the costs the city incurs in performing the 60  corresponding services. The city council may consider including such fees on the Salt Lake City consolidated 61  fee schedule. (Ord. 41-16, 2016) 62  63  64  3    SECTION 4. Amending the Text of Salt Lake City Code Chapter 2.80. That Chapter 2.80 of the 65  Salt Lake City Code (Housing Trust Fund Advisory Board) shall be and hereby is amended as follows: 66  2.80.030: DEFINITIONS 67  HOUSING STABILITYHAND: The division of housing stabilityhousing and neighborhood 68  development, or its successor. 69  70  2.80.080: POWERS AND DUTIES 71  72  H. The board and housing stabilityHAND shall review and monitor the activities of recipients of 73  grants and loans issued under this chapter on an annual basis, or more often as may be deemed necessary, 74  to ensure compliance with the terms and conditions imposed on the recipient by the mayor and the 75  council under this chapter and under any and all instruments and documents entered into between the city 76  and the recipient pursuant to this chapter. 77  1. Entities receiving grants or loans shall provide to the board and housing stabilityHAND an 78  annual accounting of how the monies or assets received from the fund have been used. 79  2. An annual report shall be prepared by the board and housing stabilityHAND which shall 80  contain information concerning the implementation of this chapter. The report shall include, but is not 81  limited to, information regarding the location and numbers of units developed or preserved, the numbers 82  and incomes of households served, and detailing the income to and assets in the fund, and the 83  expenditures and uses of fund monies and assets. 84  3. The annual report shall include the board's and housing stability’sHAND's assessment of 85  housing needs in the city, barriers to affordable and special needs housing development and reservation, 86  and barriers to the implementation of this chapter. 87  4. The annual report shall be submitted to the mayor and the council for review by March 31 of 88  each calendar year. 89  5. Appropriations by the council to the fund shall be considered as part of the budget process. 90  91  I. Serve as a coordination body and resource for organizations interested in affordable and special 92  needs housing issues affecting the city including, but not limited to, the housing authority of Salt Lake 93  City, the Salt Lake City redevelopment agency, the housing stabilityhousing and neighborhood 94  development division, and other city departments as appropriate, as well as nonprofit and for profit 95  housing developers. (Ord. 67-13, 2013) 96  97  98  SECTION 5. Amending the Text of Salt Lake City Code Chapter 18.99. That Chapter 18.99 of the 99  Salt Lake City Code (Housing Relocation Assistance Program) shall be and hereby is amended as follows: 100  18.99.020: DEFINITIONS: 101  AGENCY: A nonprofit corporation appointed by the housing stabilityhousing and 102  neighborhood development division of the city to administer the program. 103  18.99.030: NONCITY AGENCY RESPONSIBLE FOR PROGRAM: 104  A. The housing stabilityhousing and neighborhood development division of the city shall 105  annually designate the agency to administer the program and shall review annually all relocation 106  assistance amounts provided pursuant to the program. 107  108  4    SECTION 6. Effective Date. This ordinance shall become effective on the date of its 109  passage. 110  Passed by the City Council of Salt Lake City, Utah, this ____ day of _________, 2021. 111  112  113  ______________________________ 114  CHAIRPERSON 115  116  ATTEST AND COUNTERSIGN: 117  118  119  ______________________________ 120  CITY RECORDER 121  122  123  Transmitted to Mayor on _______________________. 124  Mayor’s Action: _______Approved. _______Vetoed. 125  126  ______________________________ 127  MAYOR 128  129  ______________________________ 130  CITY RECORDER 131  132  133  (SEAL) 134  135  136  Bill No. ________ of 2021. 137  Published: ______________. 138  Approved As To Form Salt Lake City Attorney’s Office By: _________________________ Kimberly K. Chytraus Date: ______________________ CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO: City Council Members FROM: Brian Fullmer Policy Analyst DATE: March 1, 2022 RE: Airport Flight Path Protection Influence Zone A (2333 West North Temple) PLNPCM2021-00915 The Council will be briefed about an Administration initiated petition amending the zoning map to remove property at 2333 West North Temple from the Airport Flight Path Protection (AFPP) Influence Zone A in Chapter 21A.34.040 Salt Lake City Code. The Airport Inn is currently located on the property and is operating as a hotel. The proposal’s intent is to allow transitional housing in this extended-stay hotel as part of the City’s goals related to homelessness. Hotels and motels are allowed in the TSA-MUEC-C (Transit station Area District Mixed-Use Employment Center-Core) and within the AFPP Influence Zone A. Under City Code rooms/dwelling units available for rent or lease for less than 30 days are considered hotels or motels. Lease or rental periods of more than 30 days are typically considered residential use which is not allowed under the AFPP Influence Zone A. The Department of Airports’ preferred method of addressing this issue is to modify the influence zone boundary so it does not apply to the subject property. The Council adopted a temporary land use regulation to allow it to operate an emergency winter overflow shelter in December 2020 (motion attached). After the winter overflow period, the operator shifted to a hotel model focused on seniors and veterans. If adopted by the Council, the operator of the facility would be able to adjust its business model at this location from a hotel to multi-family housing with stays longer than 30 days. A longer-term goal is to accept housing vouchers for providing a more stable option for people transitioning out of homelessness. Such uses are allowed within the TSA-MUEC-C zoning district. Other social services benefitting the residents are also allowed under the zoning district. Item Schedule: Briefing: March 1, 2022 Set Date: March 1, 2022 Public Hearing: March 22, 2022 Potential Action: April 5, 2022 Page | 2 Planning staff found the proposal meets standards, objectives, and policy considerations for zoning map amendments. They recommended the Planning Commission forward a positive recommendation to the City Council with the following condition: A development agreement shall be recorded on the property that requires any new development or substantial remodel of existing development to be constructed with air circulation systems of at least thirty (30) dBs of sound attenuation in sleeping areas and at least twenty-five (25) dBs of sound attenuation elsewhere. The recommended sound attenuation is to help mitigate noise from nearby airport operations. The Planning Commission reviewed this proposal at its December 15, 2021 meeting and held a public hearing. There were no comments at the hearing and the Commission forwarded a unanimous positive recommendation to the City Council for the proposal. Aerial image with Airport Flight Path Protection Influence Zone A Overlay shaded red. Subject property is in the red hashed area. Image credit: Salt Lake City Department of Airports Page | 3 Goal of the briefing: Review the proposed master plan and zoning map amendments, determine if the Council supports moving forward with the proposal. POLICY QUESTIONS 1. The proposed zoning map amendment would “carve out” the subject property creating an irregular boundary line. Does the Council have concerns with this? 2. Removing the AFPP Influence Zone A overlay from the subject property would permit uses in the TSA-MUEC-C zoning district listed in Key Consideration 1. Does the Council have concerns with this? 3. The Council may wish to have a broader policy discussion as it relates to using hotels as transitional housing for those exiting homelessness. 4. Is the Council supportive of the proposed zoning map amendment? ADDITIONAL INFORMATION Planning staff identified two key considerations related to the proposal which are found on pages 3-4 of the Planning Commission staff report. They are summarized below. For the complete analysis, please see the staff report. Consideration 1-Development Potential Removing the subject property from the AFPP Influence Zone A would allow any use permitted in the TSA- MUEC-C zoning district. The zoning map amendment intent is not to allow any other type of residential use than the transitional housing discussed above, removal of the influence zone overlay would allow prohibited uses listed below: • Residential uses (note: single-family detached housing is not allowed in the TSA-MUEC-C zoning district). • Commercial uses, except those constructed with air circulation systems and at least twenty-five (25) dBs of sound attenuation. • Institutional uses such as schools, hospitals, churches, and rest homes. • Hotels and motels, except those constructed with air circulation systems and at least thirty (30) dBs of sound attenuation in sleeping areas and at last twenty-five (25) dBs of sound attenuation elsewhere. Planning staff noted some institutional uses are allowed in the TSA-MUEC-C zoning district, but the location and constraints associated with the zone are barriers to those standalone uses. Removal of the Influence Zone A allows for onsite community serving uses associated with the Airport Inn such as a community clinic. Removal of the Influence Zone A would not impact setbacks or lot coverage, required under the zoning designation. The base zone standards of the TSA-MUEC-C zoning district would still apply. Planning staff suggested Influence Zone A sound attenuation requirements on future development as a condition of approval. As noted above, the Planning Commission included this in its recommendation to the City Council. Consideration 2-Compatibility with Adjacent Properties Adjacent parcels to the east, south and west are zoned TSA-MUEC-C, and across North Temple Street to the north, parcels have Airport (A) zoning designation as shown in the image below. Page | 4 Current development is predominantly commercial and light industrial as well as the airport. A large commercial and research facility with associated parking areas is to the south and east of the subject parcel, with car rental facilities to the west. Area zoning map with subject parcel outlined in red No new buildings are planned as part of the proposed zoning map amendment to remove the subject parcel from the AFPP Influence Zone A. Existing rooms in the hotel are being remodeled during the transition to an extended stay motel. Planning staff believes there would be minimal impact to the surrounding community if the proposal is approved by the Council as occupancy numbers would not change. After reviewing the proposal, it is Planning staff’s opinion the zoning change to remove the subject parcel from the AFPP Influence Zone A is appropriate. ANALYSIS OF STANDARDS Attachment E (pages 11-12) of the Planning Commission staff report outlines zoning map amendment standards that should be considered as the Council reviews this proposal. The standards and findings are summarized below. Please see the Planning Commission staff report for additional information. Factor Finding Whether a proposed map amendment is consistent with the purposes, goals, objectives, and policies of the city as stated through its various adopted planning documents. The proposed amendment is generally consistent with the goals and policies of applicable master plans. Whether a proposed map amendment furthers the specific purpose statements of the zoning ordinance. The proposal generally furthers the specific purpose statements of the zoning ordinance. The extent to which a proposed map amendment will affect adjacent properties The change in zoning is not Page | 5 anticipated to create any substantial new negative impacts that wouldn’t be anticipated with the current zoning. Whether a proposed map amendment is consistent with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards. There is no applicable overlay district that imposes additional development standards on this property. The adequacy of public facilities and services intended to serve the subject property, including, but not limited to, roadways, parks and recreational facilities, police and fire protection, schools, stormwater drainage systems, water supplies, and wastewater and refuse collection. The proposal does not increase the need for improvements beyond that required by existing zoning allowances. PROJECT CHRONOLOGY • September 2, 2021-Application submitted • September 28, 2021-Petition assigned to Krissy Gilmore, Senior Planner • October 5, 2021-Information about petition sent to the Poplar Grove and Jordan Meadows Community Council Chairs. The Jordan Meadows Community Council sent a letter expressing concern about a precedent being set to remove other parcels from the influence zone. • October 5, 2021-Early notification sent to property owners and residents within 300’ of the subject parcel. • October 18, 2021-Proposal posted for online open house through November 30, 2021. • December 3, 2021-Planning Commission public hearing notice emailed to interested parties and residents/property owners who requested notice. Planning Commission agenda posted to the Planning Commission website and the State of Utah Public Notice webpage. Public hearing notice posted on property. • December 9, 2021-Sent to Planning Commission • December 15, 2021-Planning Commission public hearing. There were no comments at the public hearing and the Commission voted unanimously to forward a positive recommendation to the City Council. • December 20, 2021-Sent to Attorney’s Office • February 11, 2022-Transmitted to City Council Item E1 CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 MOTION SHEET CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Council Staff DATE:December 11, 2020 RE:Ordinance: Enacting a Temporary Zoning Regulation to Allow a Temporary Overflow Homeless Shelter Use at Approximately 2333 West North Temple. MOTION 1 I move that the Council adopt an ordinance enacting a temporary zoning regulation authorizing an overflow homeless shelter use at Approximately 2333 West North Temple. MOTION 2 I move the Council reject the ordinance Attachment A - Potential Legislative Intents: 1. It is the Council’s intent to continue working with Salt Lake County and the State of Utah to address the needs of westside communities and the disproportionate impact that homelessness has on those areas. We want to make our partners aware that adding a homeless population in this area, in such close proximity to places where problems currently exist, like the Jordan River trail and North Temple, makes the challenges this community already faces even harder. We look forward to help from our partners with mitigation efforts. 2. It is the Council’s intent to request the State and County support for increased investment in westside neighborhoods generally. For example, County participation in the 9-Line RDA area that is currently under consideration. 3. It is the Council’s intent to request State and County participation in developing a public market at the Fairpark to increase access to fresh food on the west side and provide a space for westside food businesses to grow. 4. It is the intent of the Council to encourage stakeholders to prioritize implementing the recommendations of the Gardner Policy Institute report on Utah Homeless Services, including providing sufficient funding to ensure homeless services are funded at the levels needed to ensure a functioning system to avoid the yearly scramble to have adequate space through the winter. The council believes that the public and partners need increased clarity about the roles and responsibilities of the various entities. 5. It is the Council’s intent to ask the Salt Lake Valley Coalition to End Homelessness, the entity in charge of identifying and providing services, to have a public-facing website clearly sharing program bed capacity each day and ensuring that service providers and law enforcement have clear means for referring individuals into emergency shelter. We urge the coalition to provide increased public education about the link between an adequate number of beds to house individuals without shelter, and the legal ability of local governments to enforce the no- camping ordinances that exist in most cities. CITY COUNCIL BREIFING // March 1, 2022 AIRPORT FLIGHT PATH PROTECTION INFLUENCE ZONE A MAP AMENDMENT PLNPCM2021-00915 Remove the property at 2333 W North Temple from the Airport Flight Path Protection Influence Zone A. •Allows the Airport Inn to operate a new model of extended- stay hotels as transitional housing to advance the City’s overall goals related to homelessness. •Use would be considered Multi-Family rather than Motel/Hotel PROJECT REQUEST Salt Lake City // Planning Division •Development Potential: •Would allow for full TSA-MEUC-C permitted and conditional land uses. •Current uses prohibited under Influence Zone A: •Residential uses; •Commercial uses, except those constructed with air circulation systems and at least twenty five (25) dBs of sound attenuation; •Institutional uses such as schools, hospitals, churches and rest homes; •Hotels and motels, except those constructed with air circulation systems and at least thirty (30) dBs of sound attenuation in sleeping areas and at least twenty five (25) dBs of sound attenuation elsewhere. •Not incompatible with neighboring properties •Suggested condition of approval for sound attenuation Salt Lake City // Planning Division KEY CONSIDERATIONS Salt Lake City // Planning Division The Planning Commission forwarded a positive recommendation to the City Council with the following condition: 1.A development agreement shall be recorded on the property that requires any new development or substantial remodel of existing development to be constructed with air circulation systems of at least thirty (30) dBs of sound attenuation in sleeping areas and at least twenty five (25) dBs of sound attenuation elsewhere. Salt Lake City // Planning Division SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 406 www.slcgov.com PO BOX 145480 SALT LAKE CITY, UT 84114-5480 TEL 801-535-7757 FAX 801-535-6174 PLANNING DIVISION COMMUNITY & NEIGHORHOOD DEVELOPMENT Staff Report To: Salt Lake City Planning Commission From: Krissy Gilmore, 801-535-7780, kristina.gilmore@slcgov.com Date: December 15, 2021 Re: PLNPCM2021-00915 Airport Flight Path Protection Influence Zone A Zoning Map Amendment PROPERTY ADDRESS: 2333 W North Temple PARCEL ID: 08-33-452-004-0000 MASTER PLAN: Airport Master Plan ZONING DISTRICT: Current – Base zone of TSA-MUEC-C and Airport Flight Path Protection Zone A Overlay Proposed – Remove Airport Flight Path Protection Zone A Overlay, retain base zone of TSA-MUEC-C REQUEST: Salt Lake City Mayor Erin Mendenhall initiated a petition to amend the zoning map to remove the property at 2333 W North Temple from the Airport Flight Path Protection Influence Zone A, described under City Code 21A.34.040. The property is currently occupied by a commercial building, the Airport Inn, and associated parking. The desired result is to allow the Airport Inn to operate a new model of extended-stay hotels as transitional housing to advance the City’s overall goals related to homelessness. RECOMMENDATION: Based on the analysis and findings of fact in this staff report, planning staff finds that the zoning map amendment petition meets the standards, objectives and policy considerations of the city for a zoning map amendment and recommends that the Planning Commission forward a positive recommendation to the City Council with the following condition: 1. A development agreement shall be recorded on the property that requires any new development or substantial remodel of existing development to be constructed with air circulation systems of at least thirty (30) dBs of sound attenuation in sleeping areas and at least twenty five (25) dBs of sound attenuation elsewhere. ATTACHMENTS: A. Proposed Overlay Boundary B. Memo to Initiate Petition Airport Flight Path Protection Influence Zone A Map Amendment C. Property & Vicinity Photographs D. City Master Plan Policies E. Analysis of Standards – Zoning Map Amendment F. Public Process and Comments G. Department Review Comments Petition Description The proposal includes a zoning map amendment to remove the property located at 2333 W North Temple from the Airport Flight Path Protection Influence Zone A, described under City Code 21A.34.040. The Department of Airports has been working to accommodate the development of a new model of transitional housing for people experiencing homelessness by working with nonprofit organizations to refurbish and utilize existing extended-stay hotels. The petition would update an area of the Airport Influence Zone to support the implementation of the city's adopted policies related to assisting people experiencing homelessness. The current hotel/motel use is permitted in the TSA-MUEC-C zoning district and within the Airport Influence Zone A. The longer-term goal is to be able to accept housing vouchers for transitional housing to provide a more predictable and stable option for those people transitioning out of homelessness. An extended stay motel is not eligible to accept vouchers. The preferred path forward indicated by the Department of Airports is to modify the boundary of the Airport Overlay so that it would not apply to this property. If adopted, the nonprofit will switch their business model and the hotel will be considered multi-family housing, which is a permitted use in the TSA-MUEC-C zoning district. It would also allow them to offer other sorts of social services because most social services that benefit the residents of the facility are also permitted uses in the TSA zoning district. The result would allow the Airport Inn to accommodate stays greater than 30 days as transitional housing. The zoning code does not include a land use that directly matches this kind of supportive housing, whether permanent, short term, or any time frame in between those two. Under City Code, units/rooms that are available for rental or lease for periods of less than one month are considered a hotel/motel, while dwellings that are rented for periods of longer than one month generally fall into a residential land use and would prohibit the Airport Inn from operating this model of transitional housing if under the Airport Influence Zone A. Applicable Review Processes and Standards Review Processes: Zoning Map Amendment Zoning map amendment proposals are reviewed against a set of considerations from the Zoning Code. The considerations are listed in Attachment E. Planning staff is required by ordinance to North Temple Airport Flight Path Protection Influence Zone A Map Amendment analyze proposed zoning map amendments against existing adopted City policies and other related adopted City regulations, as well as consider how a zoning map amendment will affect adjacent properties. However, ultimately, a decision to amend the zoning map is up to the discretion of the City Council. KEY CONSIDERATIONS: The below considerations were identified through the analysis of the proposal and the zoning amendment consideration standards: 1. Development Potential 2. Compatibility with Adjacent Properties Consideration 1: Development Potential The primary development potential difference is that the map amendment would allow for any permitted use in the Transit Service Area Mixed Employment Center Core (TSA-MUEC-C) zoning district. Under current AFPP Influence Zone A, residential uses are incompatible and prohibited. While the intent of the map amendment is not to allow any other type of residential use than the transitional housing described earlier in this report and the Department of Airports has indicated that traditional single-family detached residential uses are not appropriate, removing the influence zone would allow the prohibited uses from the list below. Of note, single- family detached residential is not a permitted land use in the TSA-MUEC-C zoning district. However, the Department of Airports supports removing the small section of Influence Zone A to meet the city’s goals to provide transitional housing for those experiencing homelessness. Airport Flight Path Protection Influence Zone A Prohibited Uses 1. Airport Influence Zone A: The following uses are incompatible in this zone and are prohibited: a. Residential uses; b. Commercial uses, except those constructed with air circulation systems and at least twenty five (25) dBs of sound attenuation; c. Institutional uses such as schools, hospitals, churches and rest homes; d. Hotels and motels, except those constructed with air circulation systems and at least thirty (30) dBs of sound attenuation in sleeping areas and at least twenty five (25) dBs of sound attenuation elsewhere. Some institutional uses are permitted in the TSA-MEUC-C zoning district, but the general location, zoning constraints, such as the TSA Scorecard, Design Guidelines, parking, setbacks, and the size of site are barriers to those standalone land uses. The removal of the Influence Zone A does allow for onsite community serving uses to be associated with the Airport Inn, such as a community clinic. No other zoning code changes, such as setbacks or lot coverage, would be impacted by the removal of the Influence Zone A. The base zone standards of the TSA-MUEC-C zoning district would still apply. A suggested condition of approval is to include the sound attenuation requirement of the current Influence Zone A on any future development to limit noise impacts. Airport Flight Path Protection Influence Zone A Map Amendment Consideration 2: Compatibility with Adjacent Properties As part of a zoning amendment request, staff is directed to analyze how adjacent properties may be affected by a change in zoning to the property. In this case, the property is directly adjacent to properties zoned TSA-MUEC-C (Transit Service Area Mixed Employment Center Station Core) to the east, west, and south and A (Airport) zoning across the street to the north. All adjacent properties are within the either Airport Influence Zone A or B. The overall development pattern of the area is dominated by commercial and light industrial uses, as well as the airport. The surrounding land uses include a large-scale development and research building to the west, as well as rental car facilities to the west. As such, from an aerial photograph perspective, much of the adjacent land appears to be dedicated to parking. The Airport Inn is not planning any new building associated with the zoning map amendment and would utilize their current rooms. They are currently remodeling existing rooms to facilitate an extended stay model hotel. Therefore, there should be minimal impact to the surrounding properties, as the occupancy numbers will not change. Additionally, other permitted uses would be compatible given the development potential of the site and condition of approval for sound attenuation. DISCUSSION: The proposal has been reviewed against the Zoning Amendment consideration criteria in Attachment E, including criteria regarding the proposed zoning’s impact and compatibility on adjacent properties, and compatibility with the associated master plan. The applicant has proposed a map amendment to the property to remove the Airport Flight Path Protection Influence Zone A. It is staff’s opinion that the change in zoning for these properties would not negatively impact the character of the area. As such, staff finds that the requested zone change is appropriate when considered in the context of the area and is recommending that the Planning Commission forward a positive recommendation to the City Council. NEXT STEPS: The Planning Commission can provide a positive or negative recommendation for the proposed map amendment. The recommendation will be sent to the City Council, who will hold a briefing and additional public hearing on the proposed zoning map amendment. The City Council may Map showing adjacent base zoning Map showing adjacent properties Airport Flight Path Protection Influence Zone A Map Amendment make modifications to the proposal and approve or decline to approve the proposed zoning map amendment. If the zoning map amendment is approved by the City Council, the property owner could propose development and/or land uses that meet the standards of the TSA-MUEC-C zoning for the entire property. If denied, the property owner could continue to operate as an extended stay motel, but would be prohibited from accepting housing vouchers. The property could also develop in a manner that meets the existing zoning standards and Influence Zone A. Airport Flight Path Protection Influence Zone A Map Amendment Airport Flight Path Protection Influence Zone A Map Amendment Airport Flight Path Protection Influence Zone A Map Amendment Airport Flight Path Protection Influence Zone A Map Amendment Photo of site Airport property across the street Adjacent properties to the west and east Airport Flight Path Protection Influence Zone A Map Amendment Plan Salt Lake Elements and Considerations Plan Salt Lake (December 2015) outlines an overall vision of sustainable growth and development in the city. This includes the development of a diverse mix of uses which is essential to accommodate responsible growth. At the sa me time, compatibility, which is how new development fits into the scale and character of existing neighborhoods is an important consideration. New development should be sensitive to the context of surrounding development while also providing opportunities for new growth. Guiding Principles outlined in Plan Salt Lake that would relate to the proposed change include the following: 1) Neighborhoods that provide a safe environment, opportunities for social interaction, and services needed for the wellbeing of the community therein. 3) Access to a wide variety of housing types for all income levels throughout the City, providing the basic human need for safety and responding to changing demographics. 11) Ensure access to all City amenities for all citizens while treating everyone equitably with fairness, justice and respect. The Housing chapter of Plan Salt Lake includes a number of initiatives intended to help implement the Plan. The initiative to “Support homeless services” is specifically identified. The Plan also references “collaboration with community partners…” in terms of access and equity to City services and amenities. The proposed change is in concert with the general principles and strategies identified in Plan Salt Lake. Growing SLC: A Five Year Housing Plan – 2018-2022 (2017) Growing SLC: A Five Year Housing Plan – 2018-2022 (the Salt Lake City Housing Plan) was adopted in late 2017 as the City’s first housing plan since 2000. The Housing Plan is intended to advance the vision that Salt Lake City is a place for a growing div erse population to find housing opportunities that are safe, secure, and enrich lives and communities. A big focus of the Plan is the protection and development of housing opportunities throughout the City , as well as supporting vulnerable populations. The plan describes the linkages and interaction between a lack of housing to very low-income renters and the City’s most vulnerable citizens. This lack of affordable housing can push some citizens into homelessness as they are priced out of the market. The Housing Plan was developed using existing housing policy, primarily Plan Salt Lake and the Salt Lake City Comprehensive Housing Policy. The guiding principles of Plan Salt Lake are incorporated by reference including the initiative to “Support homeless services”. The proposed change is in concert with the principles and strategies identified in Growing SLC. Airport Flight Path Protection Influence Zone A Map Amendment ZONING MAP AMENDMENT 21A.50.050: A decision to amend the text of this title or the zoning map by general amendment is a matter committed to the legislative discretion of the city council and is not controlled by any one standard. In making a decision to amend the zoning map, the City Council should consider the following: FACTOR FINDING RATIONALE 1. Whether a proposed map amendment is consistent with the purposes, goals, objectives, and policies of the city as stated through its various adopted planning documents; The proposed amendment is generally consistent with the goals and policies of the applicable master plans. Various purposes, goals, objectives, and policies identified in City documents including Plan Salt Lake and Growing SLC are consistent with the proposed changes. This is further articulated and discussed in the Key Considerations section of this report. 2. Whether a proposed map amendment furthers the specific purpose statements of the zoning ordinance. The proposal generally furthers the specific purpose statements of the zoning ordinance. The purpose of the Zoning Ordinance is to promote the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of Salt Lake City, to implement the adopted plans of the city, and, in addition: A. Lessen congestion in the streets or roads; B. Secure safety from fire and other dangers; C. Provide adequate light and air; D. Classify land uses and distribute land development and utilization; E. Protect the tax base; F. Secure economy in governmental expenditures; G. Foster the city's industrial, business and residential development; and H. Protect the environment. (Ord. 26-95 § 2(1- 3), 1995) The proposed zone change to remove the Airport Flight Path Protection Influence Zone A from the subject property would support the purposes of the zoning ordinance found in Chapter 21A.02.0303: Purpose and Intent as outlined above. It would Airport Flight Path Protection Influence Zone A Map Amendment promote the health, safety and welfare of some of the City’s most vulnerable residents, those experiencing homelessness. It would also help support the purpose statement of the proposed TSA-MEUC-C zoning district. 3. The extent to which a proposed map amendment will affect adjacent properties; The change in zoning is not anticipated to create any substantial new negative impacts that wouldn’t be anticipated with the current zoning. The proposed adjustment to the Airport Flight Path Protection Influence Zone A would allow the Airport Inn to utilizing extended stays as transitional housing which is not currently allowed by the overlay zone. The Airport Inn will utilize their current rooms and is not planning to increase capacity. The overall scale and allowed uses in the proposed zone would not be out of scale with the surrounding TSA zoning. The proposal is not anticipated to create new negative impacts on neighboring properties. 4. Whether a proposed map amendment is consistent with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards There is no applicable overlay district that imposes additional development standards on this property. Removing the property from the Airport Flight Path Protection Influence Zone A is the intent of the map amendment. The Airport has been involved in the map amendment process and this project creates no observed impacts to airport operations. The subject property is also located within the Inland Port Overlay Zone. The impacts of the proposed change are minimal, as hotel and motel stays are already allowed, and should not conflict with the Inland Port Overlay Zone. 5. The adequacy of public facilities and services intended to serve the subject property, including, but not limited to, roadways, parks and recreational facilities, police and fire protection, schools, stormwater drainage systems, water supplies, and wastewater and refuse collection. The proposal does not increase the need for improvements beyond that required by existing zoning allowances. The proposal was reviewed by the various city departments tasked with administering public facilities and services. The use change of the property will have minimal impacts, as it will continue to operate as a hotel, but will allow some rooms to be used as transitional housing. The impact to city utilities and services is not anticipated to change. Airport Flight Path Protection Influence Zone A Map Amendment Public Notice, Meetings, Comments The following is a list of public meetings that have been held, and other public input opportunities, related to the proposed project: • Early notification notices mailed out October 5, 2021 o Notices were mailed to property owners/residents within ~300 feet of the proposal o Two inquiries were received regarding more details on the map amendment request. o A revised notification was mailed out on November 3, 2021 with an updated project area map • The Planning Division provided a 45-day comment period notice to the associated community councils for the property, Poplar Grove and Jordan Meadows. The Westpointe Community Council requested that the city attend one of their meetings to discuss the proposal. o The Westpointe Community Council provided a letter stating concern that the proposed map amendment would set a precedence for future map amendments. o No letter or other input was received from the Poplar Grove or Jordan Meadows Community Council. • An online open house was held on the proposal from October 18th to November 30th. Staff received two comments with concern regarding the proposal. See attached. Notice of the public hearing for the proposal included: • Public hearing notice mailed on December 3, 2021 • Public hearing notice posted on December 3, 2020 • Public notice posted on City and State websites and Planning Division list serve on December 3, 2020 From:Dorothy Owen To:Gilmore, Kristina Subject:(EXTERNAL) Comments from Westpointe Community Council regarding: PLNPCM2021-00915 Proposed amendment to Airport "Influence Zone" as it related to Airport Inn Date:Tuesday, November 30, 2021 5:24:54 PM Attachments:Nov 10 Westpointe CC agenda final with rev link.doc We want to thank you and Brady Fredrickson of the Airport for attending our Nov 10th Community Council mtg. We are sending you a copy of the agenda and minutes to include in the official file along with the following comments. Initially, there was concern that the proposed changed covered an area much larger than just the Airport Inn and that this would allow the development of apartments and other facilities not compatible with the airport zoning. Furthermore, we were concerned that such an opening, even if never used, would provide a precedent for further waivers in other parts of the Airport’s “influence zone.” We have already witnessed the aggressive efforts of developers of the Misty Rivers residential project to push the bounds of what is appropriate development adjacent to an airport. Therefore, we were most pleased that others within the City had expressed similar concerns and that the amendment had been changed to only apply to the current Airport Inn Building. It is critical that the final ruling on this matter include specific language clearly explaining the unique set of circumstances that led up to this change and why this change is NOT a precedent for other exceptions to the Airport “Influence Zone.” We ask that the final ruling provides safeguards that protect the airport and the community from a patchwork of future holes in the “influence zone.” Many cities have suffered this fate and are envious of our success in the past of protecting the buffer between the community and the airport. Thank you. Sent from Mail for Windows From:george chapman To:Gilmore, Kristina Subject:(EXTERNAL) Airport Influence Zone decrease should be Citywide not for just one small lot Date:Monday, November 29, 2021 8:43:49 PM The other side of the Airport has the International Center which could and should have housing to decrease the 50,000 plus employees from having to drive far to their residences and pollute the valley more. Don't worry about the Inland Port. Worry about no housing allowed in the International Center. Again the City should not do onesy twosy lot changes of zoning. It should be Citywide. Didn't Nick Norris once say that? George Chapman SLC From:george chapman To:Gilmore, Kristina; Norris, Nick Subject:(EXTERNAL) I object to a text amendment for one property in the Airport Influence Zone A Date:Tuesday, November 2, 2021 11:04:39 AM I believe that text amendments should be general and citywide (although I reserve the right to object to further projects). If this property gets the text amendment, others on this side and on the other side of the Airport, should get to use the text amendment and zoning change to increase housing near work centers. George Chapman SLC The proposal is below: The proposal includes a text amendment and zoning map amendment to remove a small area adjacent to 2400 West and south of North Temple from the Airport Influence Zone A, described under City Code 21A.34.040. The result would allow for residential land uses, which are not permitted under the overlay zone. Petition Number: PLNPCM2021-00915 Zoning District: TSA-MUEC-C Council District: District 1 Staff Planner: Krissy Gilmore Email: kristina.gilmore@slcgov.com Phone Number: 385-214-9714 Airport Flight Path Protection Influence Zone A Map Amendment Planning Staff Note: As this map amendment does not substantially change the development potential of the site and no immediate development has been proposed with the application, City departments, including Building Services, Engineering, Transportation, and Public Utilities did not provide any concerns with the map amendment. ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 445 WWW.SLC.GOV P.O. BOX 145487, SALT LAKE CITY, UTAH 84114-5487 TEL 801.535.7712 FAX 801.535.6269 CITY COUNCIL TRANSMITTAL ________________________ Date Received: _________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: February 10, 2022 Dan Dugan, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: Zoning Map Amendment at approximately 2333 W North Temple Street, Petition PLNPCM2021-00915 STAFF CONTACT: Krissy Gilmore, Senior Planner, Kristina.Gilmore@slcgov.com, 385-535- 7780 DOCUMENT TYPE: Ordinance RECOMMENDATION: That the City Council follow the recommendation of the Planning Commission to amend the zoning map to remove the property at 2333 W North Temple from the Airport Flight Path Protection Overlay District Influence Zone A, described under City Code 21A.34.040. BUDGET IMPACT: None. BACKGROUND/DISCUSSION: Salt Lake City Mayor Erin Mendenhall initiated a petition to amend the zoning map to remove the property at 2333 W North Temple from the Airport Flight Path Protection Overlay District Influence Zone A, described under City Code 21A.34.040. The property is currently occupied by a commercial building, the Airport Inn, and associated parking. The desired result is to allow the Airport Inn to operate a new model of extended-stay hotels as transitional housing to advance the City’s overall goals related to homelessness. For specific information regarding the proposal, please refer to the Planning Commission Staff Report. The current hotel/motel use is permitted in the base TSA-MUEC-C zoning district and within the Airport Influence Zone A. The longer-term goal is to be able to accept housing vouchers for Lisa Shaffer (Feb 11, 2022 12:03 MST)02/11/2022 02/11/2022 transitional housing to provide a more predictable and stable option for those people transitioning out of homelessness. An extended stay motel is not eligible to accept vouchers. The preferred path forward indicated by the Department of Airports is to modify the boundary of the Airport Overlay so that it would not apply to this property. If adopted, the nonprofit will switch their business model and the hotel will be considered multi-family housing, which is a permitted use in the TSA- MUEC-C zoning district. It would also allow them to offer other sorts of social services because most social services that benefit the residents of the facility are also permitted uses in the TSA zoning district. The result would allow the Airport Inn to accommodate stays greater than 30 days as transitional housing. The zoning code does not include a land use that directly matches this kind of supportive housing, whether permanent, short term, or any time frame in between those two. Under City Code, units/rooms that are available for rental or lease for periods of less than one month are considered a hotel/motel, while dwellings that are rented for periods of longer than one month generally fall into a residential land use and would prohibit the Airport Inn from operating this model of transitional housing if under the Airport Influence Zone A. PUBLIC PROCESS: • The Planning Division provided a 45-day comment period notice to the associated community councils for the property, Poplar Grove and Jordan Meadows. The Westpointe Community Council requested that the city attend one of their meetings to discuss the proposal. o The Westpointe Community Council provided a letter stating concern that the proposed map amendment would set a precedence for future map amendments. o No letter or other input was received from the Poplar Grove or Jordan Meadows Community Council. • Staff sent an early notification announcement of the project to all residents and property owners living within 300 feet of the project site providing notice about the proposal and information on how to give public input on the project on October 5, 2021. • An online open house was held on the proposal from October 18th to November 30th. Planning Commission (PC) Records PC Agenda for December 15, 2021 (Click to Access) PC Minutes of December 15, 2021 (Click to Access) PC Staff Report for December 15, 2021 (Click to Access Staff Report) EXHIBITS 1. Chronology 2. Notice of City Council Hearing 3. Petition Application SALT LAKE CITY ORDINANCE No. _____ of 2022 (Amending the zoning map pertaining to a parcel located at approximately 2333 W North Temple Street to remove the AFPP Airport Flight Path Protection Overlay District Influence Zone A)) An ordinance amending the zoning map pertaining to parcels located at approximately 2333 W North Temple Street to amend the zoning map to remove the AFPP Airport Flight Path Protection Overlay District Influence Zone A pursuant to Petition No. PLNPCM2021-00915. WHEREAS, the Salt Lake City Planning Commission held a public hearing on December 15, 2021 to consider a request by Salt Lake City Mayor Erin Mendenhall remove the AFPP Airport Flight Path Protection Overlay District Influence Zone A from the subject parcel pursuant to Petition No. PLNPCM2021-00915; and WHEREAS, at its date meeting, the planning commission voted in favor of forwarding a positive recommendation to the Salt Lake City Council on said application; and WHEREAS, after a public hearing on this matter the city council has determined that adopting this ordinance is in the city’s best interests. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Amending the Zoning Map. The Salt Lake City zoning map, as adopted by the Salt Lake City Code, relating to the fixing of boundaries and zoning districts, shall be and hereby is amended to reflect that one (1) parcel located at approximately 2333 W North Temple Street (Parcel ID 08-33-452-004-0000), and as more particularly described on Exhibit “A” attached hereto, shall be and hereby are rezoned to remove the AFPP Airport Flight Path Protection Overlay District Influence Zone A from the parcel. SECTION 2. Effective Date. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 2022. ______________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor's Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2022. Published: ______________. Ordinance Removing Airport Influence Zone 2333 W North Temple APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:__________________________________ By: ___________________________________ Paul C. Nielson, Senior City Attorney January 31, 2022 Exhibit “A” Legal Descriptions of Parcels to be rezoned to remove the AFPP Zone A Parcel No. 08-33-452-004-0000 0707 BEG 183 FT E & 523.4 FT N FR S 1/4 COR SEC 33, T 1N, R 1W, S L M; N 0^02'13" W 150 FT; N 89^58'38" E 294 FT TO CEN OF CANAL; S 0^02'13" E ALG SD CANAL 342.78 FT; S 89^58'38" W 212 FT* 1) CHRONOLOGY PROJECT CHRONOLOGY Petition: PLNPCM2021-00915 September 2, 2021 Application for a Zoning Map Amendment. September 28, 2021 Petition PLNPCM2021-00915 was assigned to Krissy Gilmore, Senior Planner, for staff analysis and processing. October 5, 2021 Notice sent to Recognized Community Organizations informing them of the petition. Early notification of the project was also sent to property owners and residents within 300 feet of the proposal. October 18, 2021 The proposal was posted for an online open house through November 30, 2021. December 3, 2021 Planning Commission public hearing notices emailed to interested parties and residents/property owners who requested notice. Agenda posted to the Planning Commission website and the State of Utah Public Notice webpage. December 9, 2021 Planning Commission Staff Report posted. December 15, 2021 Planning Commission held a public hearing and made a positive recommendation to the City Council to approve the proposed map amendment. 2) NOTICE OF CITY COUNCIL HEARING NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2021-00915 – Mayor Erin Mendenhall has initiated a petition to amend the zoning map to remove the property located at approximately 2333 W North Temple from the Airport Flight Path Protection Overlay District Influence Zone A, described under City Code 21A.34.040. The property is currently occupied by a commercial building, the Airport Inn, and is zoned TSA-MEUC-C (Transit Station Area Mixed Employment Center Station Core). The desired result is to allow the Airport Inn to operate a new model of extended-stay hotels as transitional housing to advance the City's overall housing goals. Information on this proposal can be found in the staff report prepared for the Planning Commission accessible from this link - http://www.slcdocs.com/Planning/Planning%20Commission/2021/12.%20December/00915.Staff Report.pdf As part of their study, the City Council is holding two advertised public hearings to receive comments regarding the petition. During these hearings, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The Council may consider adopting the ordinance on the same night of the second public hearing. The hearing will be held electronically: DATE: Date #1 and Date #2 TIME: 7:00 p.m. PLACE: **This meeting will not have a physical location. **This will be an electronic meeting pursuant to the Salt Lake City Emergency Proclamation. If you are interested in participating in the Public Hearing, please visit our website at https://www.slc.gov/council/ to learn how you can share your comments during the meeting. Comments may also be provided by calling the 24-Hour comment line at (801)535-7654 or sending an email to council.comments@slcgov.com. All comments received through any source are shared with the Council and added to the public record. If you have any questions relating to this proposal or would like to review the file, please call Krissy Gilmore at 385-535-7780 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail at Kristina.gilmore@slcgov.com. People with disabilities may make requests for reasonable accommodation no later than 48 hours in advance in order to participate in this hearing. Please make requests at least two business days in advance. To make a request, please contact the City Council Office at council.comments@slcgov.com , 801-535-7600, or relay service 711. 3) PETITION APPLICATION SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 406 WWW.SLC.GOV PO BOX 145480 SALT LAKE CITY, UT 84114-5480 TEL 801-535-7757 FAX 801-535-6174 PLANNING DIVISION DEPARTMENT of COMMUNITY and NEIGHBORHOODS MEMORANDUM To: Mayor Erin Mendenhall Cc: Lisa Shaffer, Chief Administrative Officer; Blake Thomas, Department of Community and Neighborhoods Director; Michaela Oktay, Deputy Planning Director; Bill Wyatt, Executive Director Department of Airports; Brady Fredrickson, Planning Director, Department of Airports From: Nick Norris, Planning Director Date: August 23, 2021 Re: Initiating a zoning amendment to amend the Airport Influence Zone Map. The Planning Division would like to request that a zoning map amendment be initiated to update an area of the Airport Influence Zone to support the implementation of the City’s adopted policies related to assisting people experiencing homelessness. The Department of Airports has been working with Planning to accommodate the development of a new model of transitional housing for people experiencing homelessness by working with nonprofit organizations to refurbish and utilize existing extended-stay hotels. The proposal would include amending the Airport Overlay Map to remove a limited area from the Airport Influence Zone A. The desired result is to facilitate the feasibility of sustaining the new model of extended-stay hotels as transitional housing, work within the existing coordinated-entry program, and create the ability for operators of such extended-stay hotels the ability to utilize additional funding to advance the City’s overall goals related to homelessness. The facility will still meet all current sound attenuation requirements. The process will include an engagement process recommended by Planning and led by the Department of Airports, which will include the community and other interested parties. The Planning Division will help coordinate outreach through the city’s Recognized Organizations. After the proposal is vetted through the engagement process, the proposal will be presented to the Planning Commission for a public hearing and transmitted to the City Council. The anticipated timeline is approximately 60 days for the public engagement process and 30 days for the Planning Commission. The timeline is subject to available workloads of staff participating on the project, planning commission agenda process, and if any unforeseen issues arise as part of the engagement process. The proposal includes a text amendment and zoning map amendment to remove a small area adjacent to 2400 West and south of North Temple from the Airport Influence Zone A, described under City Code 21A.34.040 and as depicted in in the maps attached. This memo includes a signature block to initiate the petition if that is the decided course of action. If the decided course of action is to not initiate the application, the signature block should remain l Page 2 blank. Please notify the Planning Division when the memo is signed or if the decision is made to not initiate the petition. Please contact me at ext. 6173 or nick.norris@slcgov.com if you have any questions. Thank you. Concurrence to initiate the zoning text and map amendment petition as noted above. _____________________________________ ______________ Erin Mendenhall, Mayor Date 09/02/2021 CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM:Brian Fullmer, Policy Analyst DATE:March 1, 2022 RE: STREET VACATION AT 601 SOUTH 900 EAST (PLNPCM2021-00614) ISSUE AT-A-GLANCE The Council will be briefed about a proposal to vacate the public right-of-way between the sidewalk and property line at 601 South 900 East. The subject parcel is on the southeast corner of 600 South and 900 East. The property in question is a strip approximately 5.5’ wide which runs along the 120-foot 600 South side, and 50- foot 900 East side of the parcel (approximately 985 square feet total) as shown in the image below. If approved by the City Council, the property would be sold to the homeowners at market value (amount TBD). It should be noted no physical changes to the sidewalk or street are included in this proposal. Pedestrian and vehicular traffic on the sidewalk and streets would not be impacted if the property is vacated and sold. Owners of the subject parcel received notice from City Civil Enforcement stating their fence encroaches on the public right-of-way. Three options were presented to resolve the encroachment: Remove the fence Enter a lease with the City for the area Apply for a vacation of the subject property and purchase if approved by the City Council The property owners opted to pursue purchasing the property being encroached upon. A wood fence on the north property line is in poor condition and needs to be replaced. The owners are unable to do so until the encroachment is resolved. It is Planning staff’s belief if the proposed street vacation is approved by the Council, vacating the section of right-of-way would likely create an irregular right-of-way pattern on both block faces. In other words, the subject property lines would approximately 5.5 feet closer to the sidewalks compared to other properties on the block. Item Schedule: Briefing: March 1, 2022 Set Date: March 1, 2022 Public Hearing: March 22, 2022 Potential Action: April 5, 2022 Page | 2 In the department review process, Engineering expressed opposition to the proposed street vacation because they believe it would not be in the City’s best interest to set a precedent of vacating rights-of-way “to match fence lines or backs of sidewalk.” The Planning Commission reviewed this at its December 15, 2021 meeting. The applicant spoke saying he believes a survey error was made many years ago resulting in the lot lines approximately six feet from the sidewalk. No one spoke at the Planning Commission public hearing. Planning staff recommended and the Planning Commission voted unanimously to forward a positive recommendation to the City Council. Aerial view of subject parcel outlined in red, and encroachment area shaded in yellow. (Note: map is for informational purposes and is not exact. Property lines and aerial images do not align precisely.) Image courtesy Salt Lake City Planning Division Goal of the briefing: To review the proposed street closure, address questions Council Members may have and prepare for a public hearing. POLICY QUESTIONS 1. The Council may wish to ask the Administration if other properties on the block have similar encroachments. The Council may also wish to ask planning if this would create an uneven block face appearance and if that would be counter to general City urban design goals. 2. Is the Council supportive of closing and vacating the subject property? ADDITIONAL INFORMATION Planning staff identified four key considerations during analysis of this proposal. They are summarized below. Please refer to pages 3-4 of the Administration’s Planning Commission staff report for the full analysis. Consideration 1-Utah State Code Section 10-9a-609.5 Utah State Code Annotated (included on pages 4-5 of this report) allows municipal Page | 3 legislative bodies to vacate streets. The Council must determine good cause exists for the vacation, and neither public interest nor any person will be materially injured by the vacation. Planning staff found the proposed vacation would not be detrimental to the public interest, especially since the City would be compensated for the property. Consideration 2-City Council Policies Planning staff found the proposed street vacation meets City Council policies for street vacations discussed in Consideration 4 below. Consideration 3-Master Plan Considerations Planning staff determined the proposed street vacation is not in conflict with the Central Community Master Plan, Salt Lake City Urban Design Element, or Major Street Plan. They found the proposed street closure does not have a stated public benefit, but the property is not needed for a public purpose and the City will benefit from selling the land, the proceeds of which would go to the General Fund. Consideration 4-Street Design Standards Planning staff found the proposed street vacation does not violate the City’s street design standards found in section 20.12 of the City’s Subdivision Ordinance. However, they noted the yet-to-be-adopted update to the Streets and Intersection Typologies Design Guide may impact future street vacation requests. Attachment D to the Administration’s Planning Commission staff report (pages 13-14) is an analysis of factors related to the City’s street closure policy. A summary is provided below. For the complete analysis, please refer to the Planning Commission staff report. It is the policy of the City Council to close public streets and sell the underlying property. The Council does not close streets when the action would deny all access to other property. o Finding: The proposed vacation would not deny vehicular or pedestrian access to any adjacent properties. The general policy when closing a street is to obtain fair market value for the land, whether the abutting property is residential, commercial or industrial. o Finding: The City would give up ownership of this property and obtain fair market value for the sale of the right-of-way to the abutting property owners. There should be sufficient public policy reason that justify the sale and/or closure of a public street and it should be sufficiently demonstrated by the applicant that the sale and/or closure of the street will accomplish the stated public policy reasons. o Finding: The proposed right-of-way vacation does not conflict with the Central City Master Plan but does not result in a direct public benefit as outlined in the Salt Lake City Urban Design Element. However, the Administration stated the property isn’t needed for a public purpose and the City would benefit from the land sale, with proceeds going to the General Fund. The City Council should determine whether the stated public policy reasons outweigh alternatives to the closure of the street. o Finding: Alternatives to the requested vacation maintain City ownership of the 985 square foot portion of public right-of-way and require the applicant to enter into a lease agreement for the encroachment or relocate the fence and re-landscape the park strip. From a Planning perspective, staff finds that the right-of-way is wider than what is needed for the relevant street design standard. Aerial imagery shows that the improvements have encroached unto the public right-of-way for at least 15 years. The City now has an opportunity to benefit financially from this occupation. PROJECT CHRONOLOGY June 11, 2021-Petition submitted. July 1, 2021-Petition assigned to Aaron Barlow, Principal Planner. Page | 4 October 7, 2021-notice of the petition and request for review was provided to the East Central Community Council Chair. The Chair shared the request with the Council and indicated they are in favor of Planning staff’s recommendation. October 7, 2021-Letters were mailed to property owners and residents within a 300’ radius of the site. December 3, 2021-Planning Commission public hearing notices mailed. Notice posted on City and State websites and emailed to the Planning Division listserv. Public hearing notice posted at the subject property. December 8, 2021-Planning staff report sent to Planning Commission. December 15, 2021-The Planning Commission was briefed on the proposal and a public hearing was held. No public comments were provided at the hearing and the Commission voted unanimously to forward a positive recommendation for the proposed street closure. January 27, 2022-Draft ordinance sent to Attorney’s Office. February 11, 2022-Transmitted to City Council Office. STREET CLOSURE PROCESS Street closure process is dictated by Section 10-9a-609.5 Utah State Code which is included below for reference. 10-9a-609.5. Petition to vacate a public street. (1)In lieu of vacating some or all of a public street through a plat or amended plat in accordance with Sections 10-9a-603 through 10-9a-609, a legislative body may approve a petition to vacate a public street in accordance with this section. (2)A petition to vacate some or all of a public street or municipal utility easement shall include: (a)the name and address of each owner of record of land that is: (i)adjacent to the public street or municipal utility easement between the two nearest public street intersections; or (ii)accessed exclusively by or within 300 feet of the public street or municipal utility easement; (b)proof of written notice to operators of utilities located within the bounds of the public street or municipal utility easement sought to be vacated; and (c)the signature of each owner under Subsection (2)(a) who consents to the vacation. (3)If a petition is submitted containing a request to vacate some or all of a public street or municipal utility easement, the legislative body shall hold a public hearing in accordance with Section 10-9a-208 and determine whether: (a)good cause exists for the vacation; and (b)the public interest or any person will be materially injured by the proposed vacation. (4)The legislative body may adopt an ordinance granting a petition to vacate some or all of a public street or municipal utility easement if the legislative body finds that: (a)good cause exists for the vacation; and (b)neither the public interest nor any person will be materially injured by the vacation. (5)If the legislative body adopts an ordinance vacating some or all of a public street or municipal utility easement, the legislative body shall ensure that one or both of the following is recorded in the office of the recorder of the county in which the land is located: (a)a plat reflecting the vacation; or (b)(i)an ordinance described in Subsection (4); and (ii)a legal description of the public street to be vacated. (6)The action of the legislative body vacating some or all of a public street or municipal utility easement that has been dedicated to public use: (a)operates to the extent to which it is vacated, upon the effective date of the recorded plat or ordinance, as a revocation of the acceptance of and the relinquishment of the municipality's fee in the vacated public street or municipal utility easement; and (b)may not be construed to impair: (i)any right-of-way or easement of any lot owner; or Page | 5 (ii)the rights of any public utility. (7)(a)A municipality may submit a petition, in accordance with Subsection (2), and initiate and complete a process to vacate some or all of a public street. (b)If a municipality submits a petition and initiates a process under Subsection (7)(a): (i)the legislative body shall hold a public hearing; (ii)the petition and process may not apply to or affect a public utility easement, except to the extent: (A)the easement is not a protected utility easement as defined in Section 54-3-27; (B)the easement is included within the public street; and (C)the notice to vacate the public street also contains a notice to vacate the easement; and (iii)a recorded ordinance to vacate a public street has the same legal effect as vacating a public street through a recorded plat or amended plat. CITY COUNCIL BRIEFING // MARCH 1, 2022 PARTIAL STREET VACATION:601 SOUTH 900 EAST PLNPCM2021-00614 A request for Salt Lake City to vacate (give up public ownership) and sell the portion of public right- of-way between the subject property and the sidewalk. Recommendation: The Planning Commission provided a positive recommendation. REQUEST Salt Lake City // Planning Division Salt Lake City // Planning Division Salt Lake City // Planning Division 900 EAST Salt Lake City // Planning Division 600 SOUTH Aaron Barlow // Principal Planner aaron.barlow@slcgov.com PLNPCM2021-00614 December 15, 2021 PLANNING DIVISION DEPARTMENT of COMMUNITY and NEIGHBORHOODS Staff Report To: Salt Lake City Planning Commission From: Aaron Barlow, Principal Planner, aaron.barlow@slcgov.com, 385-386-2764 Date: December 15, 2021 Re: PLNPCM2021-00614 – Partial Street Vacation at 601 South 900 East STREET VACATION PROPERTY ADDRESS: 601 South 900 East MASTER PLAN: Central Community ZONING DISTRICT: R-2 Single- and Two-Family Residential COUNCIL DISTRICT: District 4, Analia Valdemoros REQUEST: On behalf of the owners of 601 South 900 East, Justin Matkin of Parr Brown Gee & Loveless has requested Salt Lake City vacate (or give up public ownership of) the 875 square-foot portion of public right-of-way along 600 South and 900 east that sits between the public sidewalk and the subject property. RECOMMENDATION: Based on the information in this staff report, Planning Staff recommends that the Planning Commission forwards a favorable recommendation to the City Council for the request to vacate this portion of right-of- way adjacent to 601 South 900 East. ATTACHMENTS: A.Maps & Illustrations B.Site Visit Photographs C.Application Materials D.Analysis of Standards E.Public Process and Comments F.Department Review Comments 1 PLNPCM2021-00614 December 15, 2021 PROJECT DESCRIPTION: Background According to the letter submitted by the applicant (included with Attachment C), the owners of the subject property (Michael and Amy Kennedy) received a letter from the Civil Enforcement Division asserting that the fence in the front yard encroached on the public right-of-way. In that letter, the enforcement official provided them with three possible options that would resolve the encroachment: 1.Remove the fence, 2.Enter into a lease with the City for the area, or 3.Apply for a vacation of the relevant portion and purchase the encroached area. The property owners have directed the applicant to pursue the third option and work toward purchasing the area of encroachment. According to the applicant, the fence in question “has been in place for several years.” The wood fence along the north property line is currently in disrepair and needs to be replaced. According to the applicant, the property owners cannot make the necessary repairs until they own the encroachment area. Scope of Request The area in question is an L-shaped strip of public right-of-way between the subject property at 601 South 900 East and the existing public sidewalk. This request would not impact the adjacent sidewalk. The encroachment area is about five feet wide and runs along the 120-foot long north property line facing 600 South and the 50-foot long property line that faces 900 East (see Attachment A). According to the applicant, the encroaching fence has been in the same location for over 30 years. Aerial Imagery and Google Street View both confirm that the fence has been at its current location since at least 2006. If approved by Council, the abutting property owners would be required to pay fair market value for the land. The Real Estate Services Division requires that the applicant get an appraisal for the area in question before the sale. Street Context 600 South The subject property sits at the corner of 600 South and 900 East. East of 900 East, 600 South is classified as a Local Street by the Transportation Master Plan’s Major Street Plan (Included with Attachment A). The right-of-way is approximately 132 feet wide, measured from front property line to front property line—the street itself (curb to curb) is about 50 feet wide. There are wide park strips with continuous sidewalks on both sides of the road; both sides are over 30 feet wide. Neither the subject property nor the 600 East right- of-way is part of a subdivision. 900 East The Transportation Master Plan’s Major Street Plan classifies 900 East as a City Arterial Street. There are three lanes of traffic, one in each direction with a center turning lane. The right-of-way is approximately 135 feet wide, measured from property line to property line, while the street itself (curb to curb)is 50 feet wide. Wide park strips with continuous sidewalks are also a feature of 900 East—there is 45 feet between the subject property’s front line and the curb. The street is also not part of any subdivision. Applicable Review Processes and Standards Review Process: Street Vacation Street Vacation requests are ultimately up to the City Council’s discretion and are not controlled by any one standard. If approved by the City Council, the area in question would be vacated, declared surplus property, and sold to the adjacent property owners for a fair market value. 2 PLNPCM2021-00614 December 15, 2021 KEY CONSIDERATIONS: The key considerations and concerns below have been identified through the analysis of the project, neighbor & community input, and department reviews: 1. Utah State Code 2. City Council Policies 3. Master Plan Considerations 4. Street Design Standards Consideration 1 – Utah State Code Section 10-9a-609.5 of the Utah Code Annotated establishes the power for cities to vacate streets upon the request of the governing body or a property owner. The City Council must determine that good cause exists for the vacation, and neither the public interest nor any person will be materially injured by the vacation. Aerial imagery shows that encroachments consisting of accessory structures and fencing have existed in this portion of right-of-way since at least 2006. The fence in question has been in place for at least 15 years. Staff finds that a transfer to private ownership would not be detrimental to the public interest, especially since it would result in the adjacent property owners compensating the City for the property at market rate. Consideration 2 – Housing Goals In 1999, the City Council adopted a street closure policy, which applies to street vacations. A complete analysis can be found in Attachment D. Consideration 3 – Master Plan Considerations The Central Community Master Plan (2005) does not include any specific policies or action items related to street vacations or the sale of City-owned property to private property owners. Staff finds that the street vacation request neither supports nor violates any policy or goal found in the Central Community Master Plan. The Salt Lake City Urban Design Element (1990) includes a section titled Street as Elements of Open Space, with a Policy Concept that states, “Decline to vacate streets, alleys, and other public rights-of-way unless it is demonstrated that the vacation will result in a public benefit.” Though this proposal does not violate public policies, it does not have a stated public benefit. However, the property isn’t needed for a public purpose, and the City would benefit financially from the sale of the land—proceeds would be placed in the General Fund. The Salt Lake City Transportation Master Plan’s Major Street Plan (2018) designates 900 East as an Arterial Street. While the master plan does not give specific dimensions, it does describe these streets as “generally multi-lane streets carrying high traffic volumes at relatively high speeds.” The area in question sits between the existing sidewalk and the subject property. Vacating it will not impact the stated purpose of arterial streets. Consideration 4 – Street Design Standards Section 20.12 of the City’s Subdivision Ordinance provides design standards for new City streets and modifications of City streets through vacation or closure. The Street Design standards (found in 20.12.030) require that streets conform to street and right-of-way cross-section typologies (20.12.030.A.2). These typologies are found in the Street Design Regulations (included with Attachment A). For arterial streets, they call for a street section between 84 and 110 feet wide from the outside of the sidewalk on each end, and for local streets serving single-family residential neighborhoods, they call for a 50-foot-wide street section (see illustration on the next page). However, the portion of the right-of-way on the property side of a 3 PLNPCM2021-00614 December 15, 2021 sidewalk is not included in the cross-sections. Therefore, because the encroachment area is not within the cross-section typology of an arterial street, it does not violate the City’s street design standards in section 20.12.130 of the Salt Lake City Subdivision Ordinance. The Planning Commission should be aware that the Transportation Division is currently updating the Streets and Intersection Typologies Design Guide, which may impact future street vacation requests. However, they have not yet been adopted. DISCUSSION: Planning Staff has reviewed the proposal against Utah State Code, the City Council policies regarding street closures (Attachment D), applicable city master plans, and design guidelines. Based on this analysis, Staff finds that although no public policies would be explicitly accomplished with the requested partial street vacation, it also would not violate any public policies or design standards. Further, the City will benefit financially from the property sale to the adjacent property owners. NEXT STEPS: Once the Planning Commission has reviewed the request, their recommendation is forwarded to the City Council for consideration. The City Council has final decision authority regarding street vacations and closures. 4 PLNPCM2021-00614 December 15, 2021 ATTACHMENT A – MAPS & ILLUSTRATIONS *Map is for informational use only and is not exact. Property lines and aerial photography do not line up perfectly. The official Survey can be found in Attachment C. * 5 Aerial from Google Earth dated 12/2006 Street View from Google Maps dated 7/2007 6 5' walk 5 1/2' 5' walk 4 1/2' 5' walk 5' walk 3 1/2' 9' 11' 4' walk 5 1/2' 5 1/2' 11' 5' walk 5 1/2' 11' 4' walk 5 1/2' 5' walk 11' 4' walk 4 1/2' 10' 4' walk 4 1/2' 10' 4' walk 4 1/2' 10' 4 1/2' 4' walk 10' 5' walk 9' pking3 1/2'pking 5 1/2' 9' 5' walkmedian3 1/2' 3 1/2'or pkingpking or 9' or pkingpking or 11'11' 110' R/W 5' walk 1' 56' R/W 5' walk 5' walkpking2 1/2' 8'8' pking pkingpking1' 66' R/W pkingpking 10'10' 4 1/2' 5' walk 84' R/W 1'10' 50' R/W Major Arterial (Continuous Left Turn Version) Major Arterial (Raised Median Version) Minor Arterial (No Parking Version) Minor Arterial (Parking Version) Multi-Family Local Residential Collector Commercial/Industrial Local Commercial/Industrial/Bus Collector Industrial Cul-De-Sac Local Residential Multi-Family Cul-De-Sac Single Family Cul-De-Sac 10'10' 10' 12' 12'16' 12' 12'14' 10' 14' 14' 14' 14'12' 12' 12' 30' 36' 40' 44' 48' 10' 64' 12' 88' 92' 16' 12' 12' 16' 12' 12' 11' 12' 12'12' 12' 11' 14' 12' 10' 12' 11' 11' 10' 12' Date Revisions 8/12/91 changed layout/assigned # Section E1.a1Standard Typical Street & R/W Cross Sections page 1 of1 of the Division of Transportation Salt Lake City Community Developmentslctrans.comSaltLakeCityDivisionofTransportati o nslctrans.com Salt Lake C i t y ,Ut ah 7 Closed Pioneer Landfill Landfill City/County Landfill Closed North Temple Landfill §¨¦I-15 §¨¦I-80 §¨¦I-80 §¨¦I-215 1000 NLega cy H ighw a y 1820 S 700 S7200 W7600 W8000 W700 N 1200 N 1400 N 1700 N 8400 W6600 W500 N Rail Intermodal Facility (Under Consideration) µ SALT LAKE CITY CORPORATION DIVISION OF TRANSPORTATION 349 SOUTH 200 EAST, SUITE 150Approved November 13, 2018 SALT LAKE CITY TRANSPORTATION MASTER PLAN MAJOR STREET PLAN: ROADWAY FUNCTIONAL CLASSIFICATION Legend PROPOSED ARTERIAL STREETS PROPOSED COLLECTOR STREETS PROPOSED FREEWAY/INTERCHANGE PROPOSED MOUNTAIN VIEW CORRIDOR OPTION LOCAL STREETS:Local streets provide direct access to and from abutting property. Local streets are usually one lane in each direction meant to carry traffic over short distances and at low speeds. FREEWAYS/EXPRESSWAYS- STATE ROUTESA roadway which typicall has higher speeds, medians, grade separations at all railroads and grade separations or interchanges at selected crossroads. Freeways are intended to provide high levels of safety and efficiency in moving high volumes of traffic at high speeds. COLLECTOR STREETS:Collector streets provide the connection between Arterial and Local streets. Collectors can be Multi- Lane, but are meant to carry less traffic at lower speeds and for shorter distances than Arterials. They provide direct access to abutting property and carry a mix of local traffic and commuter traffic headed for nearby destinations. ARTERIALS: CITY STREETSArterial Streets facilitate through traffic movement over relatively long distances such as from one end of the city to the other and from neighborhood to neighborhood. Arterials are generally Multi-Lane streets carrying high traffic volumes at relatively high speed limits. These are commuter streets and typically offer controlled access to abutting property. ARTERIALS: STATE ROUTESThese are State Highways operated and maintained by the Utah Department of Transportation. Routes typically operate as Arterial streets. City Limits Light Rail Railroad PROPOSED STATE ROUTES Note: This street network will be followed if theRail Intermodal Facility is not developed by December 31, 2028. 8 PLNPCM2021-00614 December 15, 2021 ATTACHMENT B – SITE VISIT PHOTOGRAPHS 9 PLNPCM2021-00614 December 15, 2021 10 PLNPCM2021-00614 December 15, 2021 11 PLNPCM2021-00614 December 15, 2021 ATTACHMENT C – APPLICATION MATERIALS 12 PLNPCM2021-00614 December 15, 2021 ATTACHMENT D – ANALYSIS OF STANDARDS Salt Lake City Council Street Closure Policy In 1999, the City Council adopted a street closure policy that includes the following provisions: 1. It is the policy of the City Council to close public streets and sell the underlying property. The Council does not close streets when the action would deny all access to other property. Analysis: The portion of right-of-way that the applicant has requested the City vacate does not contain any vehicular or pedestrian right-of-way—it is a strip of land between the sidewalk and the subject property. The existing fence has been at this location for at least 15 years. Finding: The proposed vacation would not deny vehicular or pedestrian access to any adjacent properties. 2. The general policy when closing a street is to obtain fair market value for the land, whether the abutting property is residential, commercial, or industrial. Analysis: If approved by the City Council, approximately 875 square feet of right-of-way would be declared surplus and sold at a fair market value to the property owners. Finding: The City would give up ownership of this property and obtain fair market value for the sale of the right-of-way to the abutting property owners. 3. There should be sufficient public policy reasons that justify the sale and/or closure of a public street and it should be sufficiently demonstrated by the applicant that the sale and/or closure of the street will accomplish the stated public policy reasons. Analysis: As outlined in the ‘Key Considerations’ section above, the Central Community Master Plan (2005) does not include any specific policy direction for the vacation of City-owned rights- of-way. Staff finds that this request does not violate this master plan. The Salt Lake City Urban Design Element (1990) indicates that the City should decline to vacate rights-of-way unless it results in a public benefit. While there is no apparent direct public benefit, the City would benefit financially from the property sale to the adjacent property owners. Finding: The proposed right-of-way vacation does not conflict with the Central City Master Plan but does not result in a direct public benefit per the Salt Lake City Urban Design Element. However, the property isn’t needed for a public purpose, and the City would benefit from the sale of the land, with proceeds going into the General Fund. 4. The City Council should determine whether the stated public policy reasons outweigh alternatives to the closure of the street. Analysis: As an alternative to the proposal, the City and property owners could enter into a lease agreement for the land occupied by the fencing and landscaping. All maintenance of the subject property would be by the lessee (the adjacent property owners) subject to required permits for any work. In exchange for the exclusive use of the subject property, the lessee would be required to pay annual rent based on fair market value. A second alternative is for the property owners to remove the fencing and landscaping from the public right-of-way. This would involve relocating the fence so that it is entirely on private property and landscaping the park strip in a way that complies with the Zoning Ordinance. 13 PLNPCM2021-00614 December 15, 2021 Finding: Alternatives to the requested vacation maintain City ownership of the 875-square-foot portion of public right-of-way and require the property owners to either enter into a lease agreement for the encroachment or relocate the fence and re-landscape the park strip. From a Planning perspective, Staff finds that the right-of-way is wider than what is needed for the relevant street design standard. Aerial imagery shows that the improvements have encroached into the public right-of-way for at least 15 years. The City now has an opportunity to benefit financially from this occupation. 14 PLNPCM2021-00614 December 15, 2021 ATTACHMENT E – PUBLIC PROCESS Public Notice & Comments: October 7, 2021 – Notice of the project was provided to the East Central Community Council Chair. The Chair shared the request with the Council and has indicated that they are in favor of Planning Staff’s recommendation. Letters were also mailed to property owners and residents within a 300-foot radius of the site. December 3, 2021 – Public hearing notices were mailed for the Planning Commission meeting. Notice was also posted on City & State websites and emailed to the Planning Division listserv. December 3, 2021 – A public hearing notice sign was posted at the subject property. At the time that this report was published, Planning Staff has received two comments regarding this proposal; they are included with this attachment. If any more are submitted after this date, they will be forwarded to the Commission and included in the public record. 15 1 Barlow, Aaron From:Mike Egan Sent:Tuesday, November 2, 2021 4:35 PM To:Barlow, Aaron Subject:(EXTERNAL) Street vacation at 601 south Follow Up Flag:Follow up Flag Status:Completed     Hi,    I received the notice of street vacation at 601 south 900 east slc ut 84102.  The applicant property lines on the map are  into my property at 609 south 900 east by at least three to four feet and include part of my front yard, backyard, parking  area and house. This is incorrect.   Also this map shows part of my part property as requested area to be vacated.  Also  incorrect. There is a fence that runs on the north side of my property at 609 south and the south side of 601.  This  should represent the property line since that fence has been there for over 50 years. I want to confirm the approximate  area requested to be vacated is only in front of 601 so 900 east and north of the fence line that runs between 601 and  609 south 900 east making the north/south boundary.    Thanks!  ‐‐   Michael Egan  The One Group Utah  Keller Williams SLC  M m m  Each Keller Williams office is an independently owned and operated franchise of Keller Williams Realty International and is an Equal Opportunity Employer and supports the Fair Housing Act. All information provided, is obtained from various sources and has not been, and will not be, verified by broker or MLS. All information should be independently reviewed and verified for accuracy. WARNING – FRAUDULENT FUNDING INSTRUCTIONS Online banking fraud is on the rise. If you receive an email containing WIRE TRANSFER INSTRUCTIONS call your Realtor or the title company who's contact information you know is reliable immediately to verify the information prior to sending funds.    1 Barlow, Aaron From: Sent:Thursday, December 2, 2021 5:47 PM To:Barlow, Aaron Subject:(EXTERNAL) 601 s 900 east i have contacted the housing enforcement to ascertain if too could build a retaining wall like the one locat ed at the above address. Housing enforcement has indicated i may not and that this property is under enforcement and has no knowledge of the above action although i saw it in a previous email. housing enforcement that noone may build anything on parking strips due to the utility right away etc what is the story i own the property directly across the street on the north west corner of 600 south and 900 east i attempted to scroll through old emails from planning but could not find the notice . thanks carolwicks aka blakely summerfield PLNPCM2021-00614 December 15, 2021 ATTACHMENT F – DEPARTMENT REVIEW Real Estate Services The only comment RES has is the fee. Since this process takes a while to complete, we will be selling the land at current market value at the time of disposition Public Utilities Public Utilities has no concerns with vacating the 875-square-foot area described in this staff report. Fire/Building (James McCormack at james.mccormack@slcgov.com or 801-535-76605) No comments received. Transportation (Michael Barry at michael.barry@slcgov.com or 801-535-7147) No comments received. Engineering Engineering opposes the vacation of public rights-of-way. 16 ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005 CITY COUNCIL TRANSMITTAL ________________________ Date Received: _________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: February 10, 2022 Dan Dugan, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: PLNPCM2021-00614 – Street Vacation at 601 South 900 East STAFF CONTACT: Aaron Barlow, Principal Planner aaron.barlow@slcgov.com or 801-535-6182 DOCUMENT TYPE: Ordinance RECOMMENDATION: The Planning Commission recommended that the City Council approve the ordinance to Vacate the described portion of public street that sits in front of the property located at approximately 601 South 900 East. BUDGET IMPACT: If the ordinance is approved, the area in question would be sold to the applicant at fair-market value, negotiated by the Real Estate Services Division. BACKGROUND/DISCUSSION: On behalf of the owners of 601 South 900 East, Justin Matkin of Parr Brown Gee & Loveless has submitted a request for Salt Lake City to vacate (or give up public ownership of) an approximately 875 square-foot portion of public right-of-way along 600 South and 900 east that sits between the public sidewalk and the subject property. The area in question is an L-shaped strip of public right-of-way between the property at 601 South 900 East and the existing public sidewalk. This request would not impact the adjacent sidewalk. The encroachment area is about five and a half feet wide and runs along the 120-foot-long north property line facing 600 South and the 50-foot-long property line that faces 900 East. According to the letter submitted by the applicant (included with staff’s report to the Planning Commission), the owners of the subject property (Michael and Amy Kennedy) received a letter from the Civil Enforcement Division asserting that the fence in the front yard encroached on the public right-of- Lisa Shaffer (Feb 11, 2022 12:03 MST)02/11/2022 02/11/2022 Page 2 of 3 way. In that letter, the enforcement official provided them with three possible options that would resolve the encroachment: 1. Remove the fence, 2. Enter into a lease with the City for the area, or 3. Apply for a vacation of the relevant portion and purchase the encroached area. The property owners have directed the applicant to pursue the third option and work toward purchasing the area of encroachment. According to the applicant, the fence in question “has been in place for several years.” The wood fence along the north property line is currently in disrepair and needs to be replaced. According to the applicant, the property owners cannot make the necessary repairs until they own the encroachment area. The Planning Commission held a public hearing on December 15, 2021, and voted unanimously to send a favorable recommendation to the City Council regarding this request. Street Vacations are ultimately up to the City Council’s discretion and are not controlled by any single standard. However, in 1999, the City Council adopted a street closure policy that staff and the Planning Commission considered when determining their recommendations. If the City Council approves this Street Vacation petition, the area in question would be vacated, declared surplus property, and sold to the adjacent property owners for a fair market value. Page 3 of 3 PUBLIC PROCESS: • Staff sent an early notification of the project to all residents and property owners located within 300 feet of 601 South 900 East on October 7, 2021. • Notice was also sent to the East Central Community Council Chair on October 7, 2021. Staff did not receive an official letter, but the Chair indicated via phone that the Community Council was supportive of Staff’s recommendation. • Staff received three public comments. Two are included with staff’s report for the Planning Commission. The other was received after the report was published and is included with Exhibit 5. • A public hearing notice was posted on City & State websites and mailed to all residents and property owners on December 3, 2021. • A notice sign for the public hearing was also posted at 601 South 900 East on December 3, 2021. • The Planning Commission held a Public Hearing for this request on December 15, 2021. By a vote of 7-0, they forwarded a positive recommendation to the City Council for the proposed Partial Street Vacation. PLANNING COMMISSION (PC) RECORDS a) PC Agenda of December 15, 2021 (Click to Access) b) PC Minutes of December 15, 2021 (Click to Access) c) Planning Commission Staff Report of December 15, 2021 (Click to Access Report) EXHIBITS: 1) Project Chronology 2) Notice of City Council Public Hearing 3) Original Petition 4) Comments not included with PC Staff Report 5) Mailing List SALT LAKE CITY ORDINANCE No. ________ of 20___ (Partial street vacation of the public right-of-way on 600 South and 900 East adjacent to the property located at 601 South 900 East) An ordinance partially vacating the public right of way on 600 South Street and on 900 East Street adjacent to the corner property located at 601 South 900 East pursuant to Petition No. PLNPCM2021-00614. WHEREAS, the Salt Lake City Planning Commission held a public hearing on December 15, 2021, to consider a request made by Justin P. Matkins (the “Applicant”) (Petition No. PLNPCM2021-00413) on behalf of the adjacent parcel property owners, Michael P. and Amy Kennedy (the “Owners”), to partially vacate a portion of 600 South Street and a portion of 900 East Street where they border the Owners’ property located at 601 South 900 East; and WHEREAS, at its December 15, 2021, hearing, the planning commission voted in favor of forwarding a positive recommendation on said petition to the Salt Lake City Council; and WHEREAS, the Salt Lake City Council (the “city council”) held a legally notified public hearing as per section 10-9a-208 of the Utah Code on _____________; WHEREAS, the city council finds after holding a public hearing on this matter, that the city’s interest in the portion of city-owned public right-of-way more particularly described on “Exhibit A,” attached hereto and incorporated by reference, is not presently necessary for use by the public. WHEREAS, the city council finds that there is good cause for the vacation of the alley and neither the public interest nor any person will be materially injured by the proposed vacation; and WHEREAS, the city council finds that the vacation of the alley upon the conditions set forth herein are in the best interest of Salt Lake City. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Vacating City-Owned Right-of-Way. That a portion of 600 South Street and a portion of 900 East Street adjacent to the property located at 601 South 900 East, which is the subject of Petition No. PLNPCM2021-00614, and which is more particularly described in Exhibit “A” attached hereto, hereby is, vacated. SECTION 2. Reservations and Disclaimers. The vacation is expressly made subject to all existing rights-of-way and easements of all public utilities of any and every description now located on and under or over the confines of this property, and also subject to the rights of entry thereon for the purposes of maintaining, altering, repairing, removing or rerouting said utilities, including the city’s water and sewer facilities. Said vacation is also subject to any existing rights-of-way or easements of private third parties. SECTION 3. Effective Date. This Ordinance shall become effective on the date of its first publication and shall be recorded with the Salt Lake County Recorder. Passed by the City Council of Salt Lake City, Utah this ________ day of ___________, 20___. ______________________________ CHAIRPERSON ATTEST: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor's Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 20___ Published: ______________. EXHIBIT “A” Legal description of property to be vacated on 600 South Street and on 900 East Street adjacent to a corner property located at 601 South 900 East: A PARCEL OF LAND SITUATE IN THE SOUTHWEST CORNER OF SECTION 5, TOWNSHIP 1 SOUTH, RANGE 1 EAST, SALT LAKE BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 5, PLAT B, SALT LAKE CITY SURVEY SAID POINT BEING SOUTH 0°01’05” EAST 68.36 FEET AND EAST 69.89 FEET FROM A STREET MONUMENT AT THE INTERSECTION OF 600 SOUTH STREET AND 900 EAST STREET AND RUNNING; THENCE SOUTH 0°00’56” EAST 48.30 FEET ALONG THE EAST LINE OF 900 EAST STREET TO AN EXISTING EAST/WEST FENCE LINE; THENCE SOUTH 89°46’24” WEST 5.86 FEET ALONG SAID EAST/WEST FENCE LINE TO AN EXISTING NORTH/SOUTH FENCE LINE; THENCE NORTH 0°07’26” WEST 22.91 FEET ALONG SAID NORTH/SOUTH FENCE LINE; THENCE NORTH 0°53’24” EAST 30.77 FEET ALONG SAID NORTH/SOUTH FENCE LINE TO AN EXISTING EASTERLY RUNNING FENCE LINE; THENCE NORTH 89°48’08” EAST 127.42 FEET ALONG AND BEYOND SAID EASTERLY RUNNING FENCE LINE; THENCE SOUTH 0°00’56” EAST 5.71 FEET TO THE SOUTH LINE OF 600 SOUTH STREET; THENCE SOUTH 89°57’31” WEST 122.00 FEET ALONG THE SOUTH LINE OF SAID 600 SOUTH STREET TO THE POINT OF BEGINNING. CONTAINS 985 SQUARE FEET. 0.023 ACRES. THENCE N00⁰10’33”E ALONG THE EAST LINE OF BLOCK 2 A DISTANCE OF 11.00 FEET TO THE POINT OF BEGINNING. CONTAINS 0.18 ACRES. APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:__________________________________ By: ___________________________________ Hannah Vickery, Senior City Attorney 2/3/2022 TABLE OF CONTENTS 1. PROJECT CHRONOLOGY 2. NOTICE OF CITY COUNCIL HEARING 3. ORIGINAL PETITION 4. COMMENTS NOT INCLUDED WITH PC STAFF REPORT 5. MAILING LIST 1. CHRONOLOGY PROJECT CHRONOLOGY Petition: PLNPCM2021-00614 – Street Vacation at 601 South 900 East June 11, 2021 Petition for Alley Vacation received by the Planning Division. July 1, 2021 Petition assigned to Aaron Barlow, Principal Planner, for staff analysis and processing. October 8, 2021 Notice of the project and request for comments sent to the Chairs of the East Liberty Neighborhood Organization and the Wasatch Hollow Community Council. Notice was also sent to owners and occupants of properties within 300 feet of the project. December 2, 2021 Public Hearing Notice posted on City and State websites and sent via the Planning listserv for the July 28, 2021, Planning Commission meeting. Public hearing notice mailed to owners and tenants of property within 300 feet of the alley. December 3, 2021 Public hearing notice sign with project information posted at the right-of-way in front of 601 South 900 East. December 15, 2021 Planning Commission reviewed the petition and conducted a public hearing. The Commission then voted to send a positive recommendation to the City Council. 2. HEARING NOTICE NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2021-00614 – Street Vacation at 601 South 900 East – On behalf of the owners of 601 South 900 East, Justin Matkin of Parr Brown Gee & Loveless has requested Salt Lake City vacate (or give up public ownership of) the 875 square-foot portion of public right-of-way along 600 South and 900 east that sits between the public sidewalk and the subject property. The adjacent property is located within the R-2 Single- and Two-Family Residential District and is within Council District 4, represented by Analia Valdemoros. (Staff contact: Aaron Barlow at 801-535-6182 or aaron.barlow@slcgov.com). As part of their study, the City Council is holding an advertised public hearing to receive comments regarding the petition. During this hearing, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The hearing will be held: DATE: TIME: 7:00 p.m. PLACE: This will be an electronic meeting pursuant to Salt Lake City Emergency Proclamation No.2 of 2020(2)(b). Please visit slc.gov/council/news/featured- news/virtually-attend-city-council-meetings-2/ to learn how you can share your comments live during electronic City Council meetings. If you would like to provide feedback or comments via email or phone, please contact us through our 24-hour comment line at 801-535-7654 or by email at council.comments@slcgov.com. If you have any questions relating to this proposal or would like to review the file, please call Aaron Barlow at 801-535-6182 between the hours of 9:00 a.m. and 6:00 p.m., Monday through Friday or via e-mail at aaron.barlow@slcgov.com. The City & County Building is an accessible facility. People with disabilities may make requests for reasonable accommodation, which may include alternate formats, interpreters, and other auxiliary aids and services. Please make requests at least two business days in advance. To make a request, please contact the City Council Office at council.comments@slcgov.com, 801-535- 7600, or relay service 711. 3. ORIGINAL PETITION 4. PUBLIC COMMENTS 1 Barlow, Aaron From: Sent:Thursday, December 2, 2021 5:47 PM To:Barlow, Aaron Subject:(EXTERNAL) 601 s 900 east i have contacted the housing enforcement to ascertain if too could build a retaining wall like the one locat ed at the above address. Housing enforcement has indicated i may not and that this property is under enforcement and has no knowledge of the above action although i saw it in a previous email. housing enforcement that noone may build anything on parking strips due to the utility right away etc what is the story i own the property directly across the street on the north west corner of 600 south and 900 east i attempted to scroll through old emails from planning but could not find the notice . thanks carolwicks aka blakely summerfield 5. MAILING LIST 1 FIRST NAME ADDRESS CITY STATE ZIP GAGE WILLIAMS 621 S GRAND ST SALT LAKE CITY UT 84102 LEER ZHANG; XIANZHENG ZHON 875 LURLINE DR FOSTER CITY CA 94404 CHIEN HWANG 2713 S CHADWICK ST SALT LAKE CITY UT 84106 RYAN HEATH 605 S GRAND ST SALT LAKE CITY UT 84102 KARL BAUTNER 639 S BRIXEN CT SALT LAKE CITY UT 84102 MICHAEL POLI 633 S GRAND ST SALT LAKE CITY UT 84102 MICHAEL POLI 633 S GRAND ST SALT LAKE CITY UT 84102 MICHAEL G MARTIN PO BOX 58602 SALT LAKE CITY UT 84158 MICHAEL G MARTIN PO BOX 58602 SALT LAKE CITY UT 84158 NEVERSWEAT LC 1568 E LAIRD AVE SALT LAKE CITY UT 84105 ZACHARY LAZARE; COTI S HUD 639 S 900 E SALT LAKE CITY UT 84102 MATTHEW S GRAY 367 TIMBER LAKES ESTATES HEBER UT 84032 STEVEN T ROENS; CHERYL HAR 627 S 900 E SALT LAKE CITY UT 84102 EARL M DIXON; DOROTHY J AK 623 S 900 E SALT LAKE CITY UT 84102 HILLBILLY HIGHROLLER INVES PO BOX 4559 PARK CITY UT 84060 SIOBHAN CARLILE 615 S 900 E SALT LAKE CITY UT 84102 WHITEHOUSE PROPERTIES, LLC 674 N HAYSTACK MOUNTAIN HEBER CITY UT 84032 BRENT HARROW 6550 N HWY 38 BRIGHAM CITY UT 84302 ELLIS SPERRY SCHARFENAKER; 920 E 600 S SALT LAKE CITY UT 84102 MICHAEL P KENNEDY; AMY KEN 601 S 900 E SALT LAKE CITY UT 84102 R GARY LARSEN FAMILY INTER 7952 S WILLOWCREST RD COTTONWOOD HTS UT 84121 TAMARA DENNING 870 E WILSHIRE PL SALT LAKE CITY UT 84102 ROBERT "YORK" EKSTROM 624 S 900 E SALT LAKE CITY UT 84102 D FAM TRUST 9 WATERLOO CIR PARK CITY UT 84060 ROBERT "YORK" EKSTROM 624 S 900 E SALT LAKE CITY UT 84102 CHRISTOPHER AQUINO 12631 CAMINITO RADIANTE SAN DIEGO CA 92130 KAITLIN MAROUSIS 614 S 900 E SALT LAKE CITY UT 84102 RYAN MCCARTY; RACHEL DAVIS 606 S 900 E SALT LAKE CITY UT 84102 GRIFFITHS REVOCABLE TRUST 1021 E SOUTH TEMPLE SALT LAKE CITY UT 84102 LISA ABEGGLEN; JON ABEGGLE 862 E 600 S SALT LAKE CITY UT 84102 SPENDLOVE PROPERTIES IV LL 2769 E WATER VISTA WY SANDY UT 84093 600 SOUTH APARTMENTS, LLC C/ PO BOX 743 CLEARFIELD UT 84089 DAVID I DALTON; GEORGIA P 923 E 600 S SALT LAKE CITY UT 84102 JEFFERY NIELSON 1022 E PLATINUM WY WHITE CITY UT 84094 CLAYTON SCRIVNER 947 E 600 S SALT LAKE CITY UT 84102 DAVID I DALTON; GEORGIA DA 923 E 600 S SALT LAKE CITY UT 84102 MARIAN SHIOZAKI TRUST 07/0 854 E 600 S SALT LAKE CITY UT 84102 CHRISTINE V NIELSON 913 E 600 S SALT LAKE CITY UT 84102 900 EAST LLC C/O DARIN PICCOLI 939 S DIESTEL RD SALT LAKE CITY UT 84105 MCDONALD AMY S 567 S 900 E SALT LAKE CITY UT 84102 WHITE CAP PROPERTY MANAGEM563 S 900 E SALT LAKE CITY UT 84102 555 SOUTH SLC 8161 S BUENO VISTA DR WEST JORDAN UT 84088 CAROL ANN WICKS TRUST 04/1 6693 S CANDLE CV COTTONWOOD HTS UT 84121 JTD ENTERPRISES LLC 9458 S CROSSWOOD CIR SANDY UT 84092 MATTHEW S BOARDMAN; JESSIC 224 N CANYON RD SALT LAKE CITY UT 84103 CHELSEA PETERSON; CLAYTON 566 S 900 E SALT LAKE CITY UT 84102 DEAN K BAER; KATHY K BAER 863 E 600 S SALT LAKE CITY UT 84102 CURRENT OCCUPANT 619 S 900 E SALT LAKE CITY UT 84103 CURRENT OCCUPANT 609 S 900 E SALT LAKE CITY UT 84104 CURRENT OCCUPANT 926 E 600 S SALT LAKE CITY UT 84105 CURRENT OCCUPANT 640 S 900 E SALT LAKE CITY UT 84106 CURRENT OCCUPANT 863 E WILSHIRE PL SALT LAKE CITY UT 84107 CURRENT OCCUPANT 620 S 900 E SALT LAKE CITY UT 84108 CURRENT OCCUPANT 614-618 S 900 E SALT LAKE CITY UT 84109 CURRENT OCCUPANT 604 S 900 E SALT LAKE CITY UT 84110 CURRENT OCCUPANT 933 E 600 S SALT LAKE CITY UT 84111 CURRENT OCCUPANT 935 E 600 S SALT LAKE CITY UT 84112 CURRENT OCCUPANT 913 E 600 S # 3 SALT LAKE CITY UT 84113 CURRENT OCCUPANT 915 E 600 S SALT LAKE CITY UT 84114 CURRENT OCCUPANT 917 E 600 S SALT LAKE CITY UT 84115 CURRENT OCCUPANT 575 S 900 E SALT LAKE CITY UT 84116 CURRENT OCCUPANT 555 S 900 E SALT LAKE CITY UT 84117 CURRENT OCCUPANT 576 S 900 E SALT LAKE CITY UT 84118 PLNPCM2021-00614 - Public Notice Addressses 2 CURRENT OCCUPANT 570 S 900 E SALT LAKE CITY UT 84119 CURRENT OCCUPANT 568 S 900 E SALT LAKE CITY UT 84120 PLNPCM2021-00614 - Public Notice Addressses Safety: Risk of serious injury and death is dramatically lower at slower speeds. Access: Increased access and mobility for vulnerable populations like children, seniors and people with disabilities. Equity: Residents in every neighborhood deserve the right to interact with safe streets. THE IMPORTANCE OF SLOWER SPEEDS SPEED SPEEDRISK OF FATALITYRISK OF FATALITY U.S. Department of Transportation It’s equitable: People of color, children, people with disabilities and people with low incomes are disproportionately the victims of traffic crashes. — AARP WHY MAKE IT A PRIORITY? It’s popular: High speeds in neighborhoods is one of the top complaints from residents. — Transportation Division Paradigm shift: Set speed limits at a safe level, raise it when people are protected on the street. SALT LAKE CITY TRAFFIC VIOLENCE 2021 Fatality 2021 Injury Sweet Streets Traffic Violence Map WOULD IT WORK? Fast Action: While the preference is to design streets that encourage slower speeds, that will take decades to accomplish citywide. Already Used: Several Salt Lake City neighborhoods have already implemented it. Backed by Research: Peer-reviewed research has shown that reducing posted speeds does successfully lower driving speeds. Research shows 20 mph is effective Traffic speed has reduced on 74% of roads, collision numbers are down, as are casualty numbers and there have been no fatalities from traffic collisions in the area. (Brighton and Hove, UK) Drivers were almost half as likely to travel >35 mph and more likely to slow speeds after Portland’s default speed changed to 20 mph. (Portland, Oregon) Bristol, UK, found a general trend of injury reductions following the intervention, both city-wide and in 20 mph roads only, and strong evidence of a city-wide reduction of fatal injuries of around 63%. (Bristol, UK) Minneapolis, Minnesota Seattle, Washington St. Paul, Minnesota Portland, Oregon WHO ELSE IS DOING THIS? Cities across the U.S. are following the guidance from the World Health Organization and the National Association of City Transportation Officials (NACTO). Eugene, Oregon Fayetteville, Arkansas Madison, Wisconsin Denver, Colorado HOW DOES IT CHANGE? Salt Lake City residents are asking for safer streets. It will take decades to provide streets designed for safe speeds. You have the power to make an impact now. A 20 mph default posted speed limit is an effective way to provide fast, equitable and meaningful action for every resident in this city while it works on longer-term design changes. The City Council has the authority to make this change by revising the current ordinance. THANK YOU ERIN MENDENHALL Mayor OFFICE OF THE MAYOR P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM TEL 801-535-7704 CITY COUNCIL TRANSMITTAL ______________________________ Date Received: 1/26/2022 Rachel Otto, Chief of Staff Date Sent to Council: 1/26/2022 TO: Salt Lake City Council DATE: 1/26/2022 Dan Dugan, Chair FROM: Rachel Otto, Chief of Staff Office of the Mayor SUBJECT: Board Appointment Recommendation: Housing Trust Fund Advisory Board. STAFF CONTACT: Jessi Eagan jessi.eagan@slcgov.com DOCUMENT TYPE: Board Appointment Recommendation: Housing Trust Fund Advisory Board. RECOMMENDATION: The Administration recommends the Council consider the recommendation in the attached letter from the Mayor and appoint Katie Darter as a member of the Housing Trust Fund Advisory Board. / ( ) ,,,,,,,11111 ,,.,,,' ERIN MENDENHALL Mayor OFFICE OF THE MAYOR P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM TEL 801-535-7704 January 26, 2022 Salt Lake City Council 451 S State Street Room 304 PO Box 145476 Salt Lake City, Utah 84114 Dear Councilmember Dugan, Listed below is my recommendation for membership appointment to the Housing Trust Fund Advisory Board. Katie Darter - to be appointed for a three year term ending Monday, December 29, 2025, starting from the date of City Council advice and consent. I respectfully ask your consideration and support for this appointment. Respectfully, Erin Mendenhall, Mayor Cc: File .. Ji. .. '• / ;\ trfj \ .. l ,,,,, u111 ,v·' ERIN MENDENHALL Mayor OFFICE OF THE MAYOR P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM TEL 801-535-7704 CITY COUNCIL TRANSMITTAL ______________________________ Date Received: 1/28/2022 Rachel Otto, Chief of Staff Date Sent to Council: 1/28/2022 TO: Salt Lake City Council DATE: 1/28/2022 Dan Dugan, Chair FROM: Rachel Otto, Chief of Staff Office of the Mayor SUBJECT: Board Appointment Recommendation: Business Advisory Board. STAFF CONTACT: Jessi Eagan jessi.eagan@slcgov.com DOCUMENT TYPE: Board Appointment Business Advisory Board RECOMMENDATION: The Administration recommends the Council consider the recommendation in the attached letter from the Mayor and appoint Kristina Olivas as a member of the Business Advisory Board ERIN MENDENHALL Mayor OFFICE OF THE MAYOR P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM TEL 801-535-7704 January 28, 2022 Salt Lake City Council 451 S State Street Room 304 PO Box 145476 Salt Lake City, Utah 84114 Dear Councilmember Dugan, Listed below is my recommendation for membership appointment to the Business Advisory Board Kristina Olivas - to be appointed for a four year term ending December 28, 2026, starting from the date of City Council advice and consent. I respectfully ask your consideration and support for this appointment. Respectfully, Erin Mendenhall, Mayor Cc: File ERIN MENDENHALL Mayor OFFICE OF THE MAYOR P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM TEL 801-535-7704 CITY COUNCIL TRANSMITTAL ______________________________ Date Received: 1/31/2022 Rachel Otto, Chief of Staff Date Sent to Council: 1/31/2022 TO: Salt Lake City Council DATE: 1/31/2022 Dan Dugan, Chair FROM: Rachel Otto, Chief of Staff Office of the Mayor SUBJECT: Board Appointment Recommendation: Airport Board. STAFF CONTACT: Jessi Eagan jessi.eagan@slcgov.com DOCUMENT TYPE: Board Appointment: Airport Board RECOMMENDATION: The Administration recommends the Council consider the recommendation in the attached letter from the Mayor and appoint John Bradshaw as a member of the Airport Board ERIN MENDENHALL Mayor OFFICE OF THE MAYOR P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM TEL 801-535-7704 January 31, 2022 Salt Lake City Council 451 S State Street Room 304 PO Box 145476 Salt Lake City, Utah 84114 Dear Councilmember Dugan, Listed below is my recommendation for membership appointment to the Airport Board John Bradshaw - to be appointed for a four year term ending June 30, 2025, starting from the date of City Council advice and consent. I respectfully ask your consideration and support for this appointment. Respectfully, Erin Mendenhall, Mayor Cc: File ERIN MENDENHALL Mayor OFFICE OF THE MAYOR P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM TEL 801-535-7704 CITY COUNCIL TRANSMITTAL ______________________________ Date Received: 1/28/2022 Rachel Otto, Chief of Staff Date Sent to Council: 1/28/2022 TO: Salt Lake City Council DATE: 1/28/2022 Dan Dugan, Chair FROM: Rachel Otto, Chief of Staff Office of the Mayor SUBJECT: Board Appointment Recommendation: Library Board. STAFF CONTACT: Jessi Eagan jessi.eagan@slcgov.com DOCUMENT TYPE: Board Appointment Library Board RECOMMENDATION: The Administration recommends the Council consider the recommendation in the attached letter from the Mayor and appoint Sarah Reale as a member of the Library Board ERIN MENDENHALL Mayor OFFICE OF THE MAYOR P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM TEL 801-535-7704 January 28, 2022 Salt Lake City Council 451 S State Street Room 304 PO Box 145476 Salt Lake City, Utah 84114 Dear Councilmember Dugan, Listed below is my recommendation for membership appointment to the Library Board Sarah Reale - to be appointed for a four year term ending June 30, 2025, starting from the date of City Council advice and consent. I respectfully ask your consideration and support for this appointment. Respectfully, Erin Mendenhall, Mayor Cc: File City Council Announcements March 1, 2022 For Your Information A. St. Patrick’s Day Parade & Siamsa The parade takes place Saturday, March 12th  from 11 a.m. to approximately noon.  Council Members will all be travelling for the National league of Cities conference and unfortunately the travel conflicts with the parade and Council Members will not be able to participate this year.  Staff will pass along the Council’s regrets to the event staff.